Consumer Law Library

Daryl C. Jenks

Volume 146 · 146 F.T.C. 660

Citation
146 F.T.C. 660
Docket
C-4239
Complaint
2008-10-23
Decision
2008-10-23
Document type
consent order
Case type
consumer protection
Statutes
FTC Act (section 5)
Industry
dietary supplements
Outcome
consent order entered
Relief
cease_and_desist; notice_to_customers; recordkeeping; compliance_reporting
Order term (years)
10
Source
Original volume PDF
Original PDF
This decision as a PDF

deceptive advertisinghealth claimsonline internet

Cite this decision

Daryl C. Jenks, 146 F.T.C. 660 (2008). Consumer Law Library, https://consumerlawlibrary.org/decisions/v146-0015

Report an error in this record (decision id v146-0015)

Order status: active_until:2028-10-23. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF DARYL C. JENKS, D/B/A PREMIUM ESSIAC TEA 4LESS CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATIONS OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-4239; File No. 082 3116 Complaint, October 23, 2008 – Decision, October 23, 2008 This consent order concerns the advertising and promotion of Premium Essiac Tea. The respondent claimed that Premium Essiac Tea was effective in treating, preventing, or curing cancer and other serious diseases, without a reasonable basis for this claim. The order requires the respondent to have competent and reliable scientific evidence substantiating any claim that any covered product or service is effective in the treatment, cure, or prevention of any disease or condition, or is superior to other similar products or services. The order requires that any future claim about the absolute or comparative benefits, performance, efficacy, safety, or side effects of any covered product or service be truthful and supported by competent and reliable scientific evidence. The order prohibits the misrepresentation of the results of any test, study, or research in connection with the advertising, promotion, or sale of any covered product or service. The order does not prohibit the respondent from making representations for any drug that are permitted by the Food and Drug Administration. The order requires the respondent to provide a list of all purchasers of Premium Essiac Tea to the Commission and to mail each purchaser a letter describing the scientific evidence related to essiac tea. The order prohibits the respondent from providing any identifying information about his purchasers to anyone other than a law enforcement agency or as required by law. Other provisions require the respondent to keep copies of relevant advertisements and materials that substantiate claims made in the advertisements; to provide copies of the order to certain of his employees; to notify the Commission of any changes in employment that might affect compliance obligations under the order; and to file compliance reports with the Commission.

Participants For the Commission: Loretta Kraus and Michael Milgrom DARYL C. JENKS 661 Complaint For the Respondent: Josh Ard, Law Offices of Josh Ard. COMPLAINT The Federal Trade Commission, having reason to believe that Daryl C. Jenks, individually and d/b/a Premium Essiac Tea 4less (“respondent”), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: 1. Respondent Daryl C. Jenks is a resident of Michigan. His principal office or place of business is 4245 Sundance Meadows, Howell, Michigan 48843. Individually or in concert with others, he formulates, directs, or controls the policies, acts, or practices of the business operating under the trade name “Premium Essiac Tea 4less.”

2. Respondent has labeled, advertised, offered for sale, sold, and distributed products to the public, including Premium Essiac Tea. Premium Essiac Tea is a “food” or “drug,” within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.

3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act. 4. Respondent has disseminated or has caused to be disseminated, via the Internet among other means, advertisements for Premium Essiac Tea, including but not necessarily limited to the attached Exhibits A through G. These advertisements contain the following statements and depictions:

VOLUME 144 Complaint a. The Powerful Benefits of this Gentle Organic Essiac Formula Can be Yours, RISK FREE! Your number one concern when shopping for essiac is to trust you are receiving your product from a source which is credible. The second most important aspect is the effectiveness of each individual formula sold by each individual company. We are a credible source and clinical trials have proven that the essiac sold at this website is the most effective formula available. Brief History Rene Caisse was introduced to doctors at the Brusch Medical Center in Cambridge, Massachusetts in 1958. Rene Caisse, under the supervision of 18 doctors, performed a series of treatments on terminally ill cancer patients. Dr Charles Brusch, John F Kennedy’s personal physician, was Rene Caisse’s mentor during this time. Dr Brusch took a great interest in Rene Caisse’s ancient tonic as a traditional form of healing. The eight herb formula had results consistently better than all others during these eight years of trials. The positive results from the trials included cessation of pain, an overall feeling of wellbeing, improved sleep, increased appetite and energy, a decrease of nodular masses and a prolongation of life.

Disclaimer: The statements regarding essiac tea have not been evaluated by the Food and Drug Administration. We cannot claim that this product is a cure, prevents disease or has beneficial medicinal properties. The information on this website or in emails is designed for educational purposes only. It is not intended to be a substitute for informed medical DARYL C. JENKS 663 Complaint advice or care. You should not use this information to diagnose or treat any health problems or illnesses. Consult your physician before starting any medical treatment.

Benefits of Essiac Tea Include a Boosted Immune System and Detoxification.

People from all over the world have realized the benefits of essiac tea.

Relapse prevention for cancer patients never ends. Possibly the relapse prevention necessary for cancer survivors.

An alternative cancer treatment used by many is essiac.

An alternative cancer treatment many patients seek. Conventional and alternative treatment together make potent partners. . . .

Excerpts from Exhibit A, advertisement on home page of premium-essiac-tea-4less.com [www.premium-essiac-tea- 4less.com/index.html].

b. Essiac Order Guide The first step in choosing how much essiac you need is to answer the following question: 1. Do you have, or do you suspect you have, cancer or another major health problem? If your answer is yes, we recommend that you take the aggressive dose (9 oz. of tea per day). If your answer is no, we recommend that you take the maintenance dose (3 oz. of tea per day). Click on the appropriate VOLUME 144 Complaint link (aggressive or maintenance dose) above to learn more about Essiac Tea Dosage Recommendations. Excerpt from Exhibit B, advertisement on linked web page of premium-essiac-tea-4less.com [www.premium-essiac-tea- 4less.com/ordering-essiac.html].

c. Essiac Tea FAQ and Premium Essiac Tea 4less Information.

What are the benefits of using essiac? Essiac tea’s primary actions are to cleanse the body of impurities, restore energy levels, remove heavy metals and rebuild the immune system. These actions help restore the body to a level where it is able to use its own resources to defeat an illness. In other words, essiac rebuilds the immune system and improves the illness-defeating ability of the body so that the body can rid itself of the illness. For a list of possible benefits from essiac tea, please visit: Essiac Tea Benefits.

Is essiac able to cure cancer or other serious illnesses? We cannot legally claim essiac is a cancer cure or a cure for any other disease. However, due to the beneficial properties of essiac tea listed above, many people who take essiac report a stronger immune system and increased health and well-being. With all of these positive improvements essiac tea causes in the body, the body becomes much better equipped to rid itself of disease. (Essiac is not a drug and is therefore not able to be FDA approved as a proven treatment).

DARYL C. JENKS 665 Complaint Am I able to take essiac while receiving chemotherapy and/or radiation therapy? Yes. Essiac has a tendency to improve a person’s quality of life while receiving chemotherapy and/or radiation. However, chemotherapy and radiation therapy can destroy the chemicals and compounds of essiac tea diminishing the effects of essiac tea. To accommodate for this decrease in effective of the essiac, we recommend consuming the aggressive PLUS dose of 6 oz. of tea three times per day, rather than the regular aggressive dose of 3 oz. of tea three times per day. From our experience and experimentation, we’ve found that people on chemotherapy and radiation therapy tend to have best results taking 6 oz. three times per day. However, some have remained on 3 oz. three times per day and also had good results. Personally, if we had a loved one taking chemotherapy and/or radiation therapy, we would recommend 6 oz. three times per day to be on the safe side.

Am I able to take essiac with other types of treatments? Yes, essiac is able to be taken with all types of treatments, alternative and traditional. Essiac will work in a complementary fashion with other types of treatments compounding the positive health effects. You are advised to consult with your practitioner. If you are concerned, ease into your essiac tea usage gradually, taking 2 or 1/3 of the full dose at first. When will I notice the benefits of taking essiac? This varies from individual to individual. Some people notice an increased sense of health, well-being and energy just days after starting essiac tea. It takes others weeks or even months to notice a tangible benefit. But, VOLUME 144 Complaint for most people, an improvement in general health and well-being is experienced after one to two weeks if taking essiac tea regularly. Follow our essiac dosage recommendations for at least 5 months if you have cancerous tumors.

What diseases/medical conditions are treated with essiac? Cancerous tumors, diabetes, leukemia, liver problems, high blood pressure, kidney ailments, high cholesterol, chronic pain, chronic fatigue, and hepatitis C are some of the more common diseases/medicals conditions treated with essiac.

Why should I choose the eight herb essiac formula over the four herb formula? There are a several reasons for choosing the eight herb formula instead of the four herb formula. One reason is watercress. An important property of watercress is its cleansing ability. Watercress removes a residual component of sheep sorrel break down called oxalic acid. Oxalic acid will form stones (Kidney stones, etc) within the body. Without watercress, stone formation can happen in individuals who are susceptible. The four herb formula doesn’t have watercress but does have sheep sorrel. Secondly, red clover and blessed thistle both have proven anti-cancer properties. These herbs give the eight herb formula a cancer fighting advantage over the four herb formula. Thirdly, kelp is full of vitamins, minerals and other nutrients. Kelp is a strong immune system booster. Kelp is found only in the eight herb formula. Fourthly, four herb essiac was designed to have one of the herbs injected. If you are taking essiac as a tea and not injecting one of the herbs, it won’t be as effective. Finally, while four herb DARYL C. JENKS 667 Complaint essiac is targeted for liver detoxification, eight herb essiac results in liver and colon detoxification for a more complete detoxification. To read more about the merits of eight herb essiac and the history behind it, please visit:

Excerpts from Exhibit C, advertisement on linked web page of premium-essiac-tea-4less.com [www.premium-essiac-tea- 4less.com/essiac-tea-faq.html].

d. Essiac Testimonials from People with Truly Amazing Testimony.

A handful of our many essiac testimonials from people using our eight herb essiac can be found here:

__________ April 9, 2005 “Essiac tea is amazing. Let me tell you about my mother who has (or had) colon cancer. She is elderly and the doctors warned that she might not survive an operation to try and remove the tumors. We agreed that we would rather have her enjoy her last years as much as possible, living with us etc. rather than be in a hospital trying to recover from invasive surgery. We were on the fence about chemo but decided against it for the time being.

We began giving her essiac tea last November, and we noticed that she seemed happier and more energetic almost right away. However, it wasn’t until February that we noticed some dark substance coming from her colon. At first it seemed to be stuck to her skin but after a few days it began falling off on its own while she was bathing. When we went back for testing the VOLUME 144 Complaint doctors said the tumors seemed to be gone. Amazing. My mother continues to take essiac at maintenance dose, and actually the whole family is on it now because cancer runs in our family. Essiac is truly heaven-sent. Please add my account to your cancer testimonials page so that others will know how well it has worked for us.”

__________ March 31, 2005 “I have cancer and I need to order some more essiac tea. I need essiac sent to me as soon as possible. Let me tell you what happened to me . . . .

I had become very sick with cancer last year. It got to the point that I was told I would be dead by December. I couldn’t stay awake for more than a few hours at a time, and I couldn’t speak clearly anymore. My tongue had swollen from the chemo.

I heard about essiac tea and tried it as a last ditch effort to save my life. I continued the chemo but added essiac tea to my regimen. I couldn’t believe how quickly I noticed an increase in energy. Then my hair started growing back, both on my head and my eyelashes and such. A few months later, all my tumors were gone. My doctor said, “Whatever you’re doing, keep it up, this is a miracle!”

I am religious and I believe that faith can heal. In addition, I believe the chemo and radiation helped me. However, I do not think I would be alive today if not for the essiac tea. The reason I say this is because, once my tumors were gone and I felt better, I ran out of essiac and didn’t buy more. I didn’t think I needed it DARYL C. JENKS 669 Complaint anymore. Well, I was wrong. My hair started falling out and I had no energy. My platelet count is up again. This started happening a little over a month ago, a few weeks after I stopped the essiac tea. I had been meaning to get more but I kept putting it off. My friend gave me some other tea to try, he called it “miracle tea.” I don’t know what was in it, but it did nothing for me. It’s not like essiac. Now I feel desperate: I need to get more essiac in me. I feel like crap without it and I’m worried that my tumors will come back, if they haven’t already.

My doctor is worried also because I am obviously slipping. He says he can’t recommend essiac (which makes me so angry!) but we both know that it’s the only thing that has changed in my regimen. I recommend that everyone with cancer take essiac. I believe you should take traditional treatments like chemo in addition to essiac for best results. All I can go by is how I reacted, but it truly has been a miracle for me. Essiac tea is absolutely amazing and I feel it saved my life.”

Heather __________ January 2005 “I’m writing because my attorney (a good friend of mine) suggested that I take essiac tea. The doctors found a growth on my skin that appears not to be cancerous, but I’m not taking any chances. He affirmed that I should use essiac containing eight herbs, not the four-herb tea that is more commonly found. He recommended that I come to this site, as you people have been very helpful and the price is right. I guess he’s been pointing a lot of people your way. VOLUME 144 Complaint I am optimistic because my friend’s wife was at one point diagnosed with stage IV pancreatic cancer that had metastasized to the liver, and now it’s been five years and she is alive and well. Granted, she was on chemotherapy at the same time she took the essiac. She began the chemo December 1999 and the essiac in February 2000. By April 2000 her condition had become stable, which was realistically the best they could hope for at the time.

She continues to maintain relatively good health and although the tumors are still present, her condition is definitely stable and she generally feels well. Her husband switched to your eight-herb essiac when he found your website last month. He says that your herbs seem to be fresher than any he’s received before and his wife feels better than ever. I’m looking forward to trying the tea and hope it can do for me what it appears to be doing for so many others. At this point in my life (45) I am well aware of the need for preventive treatment, even if I am “healthy” for the time being.” Christine L., Nevada Excerpts from Exhibit D, advertisement on linked web page of premium-essiac-tea-4less.com [www.premium-essiac-tea- 4less.com/essiac-testimonials.html].

e. This Essiac Tea Formula is Comprised of the Perfect Balance of the Following Eight Herbs. The essiac tea formula from which we process our eight herb essiac is the last essiac tea formula Dr. Charles Brusch and Rene Caisse, R.N., researched and tested before the time of Rene Caisse’s death. They DARYL C. JENKS 671 Complaint worked together for many years attempting to incorporate additional herbs in with the original four essiac herbs in a ratio that would achieve optimal effectiveness. This research and patient testing was done at the Brusch Medical Center in Cambridge, Massachusetts on terminal cancer patients. Rene Caisse’s original four herb essiac was used by ill patients, often times terminal cancer patients, with positive results. This original formula consisted of burdock root, sheep sorrel, slippery elm bark and Turkey rhubarb root. Rene Caisse added four herbs, which she knew possessed amazing medicinal properties, to her original formula. These herbs had been used for years, and in some cases centuries, to heal the sick. These four herbs were blessed thistle, kelp, red clover and watercress. The medicinal properties of these herbs accomplished what Rene had set out to do. They enhanced the overall effectiveness of the original essiac tea formula making the original formula somewhat obselete. Why use something that’s good when you can use something that’s great? For an extensive overview on who Rene Caisse was and the history of essiac, click here: Rene Caisse and her essiac tea formula.

The exact composition of the eight herb essiac tea formula is not known to the public at large. The eight different herbs are known, but the exact ratio of each herb in the essiac tea formula is not known. This formula is kept locked away. The only people having knowledge of the formula are the people who process the essiac tea herbs. And, they have been sworn to an oath to never divulge this formula. When these eight essiac tea herbs are measured, mixed and freshly VOLUME 144 Complaint packaged, the way that only our company knows how, they make a superior essiac tea.

Excerpt from Exhibit E, advertisement on linked web page of premium-essiac-tea-4less.com [www.premium-essiac-tea- 4less.com/essiac-tea-formula.html].

f. Essiac Dosage Recommendations Seven Main Categories of Essiac Dosage Recommendations Child Dosage is dependant on the weight of the child and the health conditions for which essiac will be used. Check out our simplified breakdown of essiac dosage for children.

Dosage for Children Pet Dosage is determined by the health and weight of your animal. Check out a thorough breakdown of the aggressive and maintenance dosage regimens for your cat or dog.

Pet Dosage Instructions Aggressive Dose is recommended if you have a serious illness. This is the standard essiac dosage recommended if you have cancer, diabetes or another serious medical condition.

Aggressive Dosage Instructions Aggressive Dose PLUS is recommended for those who are receiving chemotherapy and/or radiation therapy. This dose is also recommended for those who have been given a terminal diagnosis.

Aggressive PLUS Dosage Instructions DARYL C. JENKS 673 Complaint Maintenance Dose is recommended for those who have overcome an illness. This dose is recommended for at least six months AFTER your test results have returned to normal.

Maintenance Dosage Instructions Preventive Dose is recommended for healthy individuals. This dose is to prevent health problems, disease and illness. This dosage is especially important for those who have a family history of cancer. Essiac Preventive Dosage Detoxification Dose is recommended if you wish to detoxify your body. The detoxification dose is for improved health, to prevent disease and illness, or to recover from disease or illness. Detoxification regimens are typically done for a fixed period of time. But, this dose can be continued indefinitely to maintain optimal health.

Detoxification Dosage Instructions.

Excerpt from Exhibit F, advertisement on linked web page of premium-essiac-tea-4less.com [www.premium-essiac-tea- 4less.com/essiac-dosage-recommendations.html]. g. Is Essiac a Cure All? Essiac tea has been used for many decades as a cure for a wide range of illnesses and diseases. The FDA hasn’t proven Essiac to have a beneficial effect as an herbal blend. However, the FDA has confirmed the eight individual essiac herbs do indeed have beneficial properties. Whether essiac tea is a cure or not according to the FDA isn’t the important point. The important consideration is whether essiac tea helps a person fight an illness on a case by case basis. It may VOLUME 144 Complaint not help everybody, but it might help you or me on an individual basis.

The Healthy Sense Directory - An excellent source of organized health information . . . The illnesses, diseases and conditions for which essiac tea has been used by people throughout the world are more than I can list. Some of the more common ailments are AIDS and HIV, diarrhea, constipation, high blood pressure, high cholesterol, internal and external cancers, benign and malignant tumor growth, chronic pain, diabetes, arthritis, kidney and bladder problems, ulcers, liver conditions, colon complications, sinus issues, gout, pneumonia and common chest colds. People use essiac for different reasons. Some are looking for a cure for conditions such as cancer. Others are looking to strengthen their immune system as a preventative measure. Essiac can be used in a variety of ways. Excerpt from Exhibit G, advertisement on linked web page of premium-essiac-tea4less.com [www.premium-essiac-tea- 4less.com/Cure.html ].

5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that essiac tea is effective in the treatment or cure of cancer, HIV and AIDS, diarrhea, constipation, high blood pressure, high cholesterol, chronic pain, diabetes, arthritis, kidney and bladder problems, ulcers, liver conditions, colon complications, sinus issues, gout, hepatitis C, pneumonia and common chest colds. 6. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that he possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made.

DARYL C. JENKS 675 Complaint 7. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made. There is no reliable evidence that essiac tea is effective against any of the listed conditions. Therefore, the representation set forth in Paragraph 6 was, and is, false or misleading. 8. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that the essiac tea sold by respondent has been clinically proven to be more effective than other forms or brands of essiac tea. 9. In truth and in fact, essiac tea sold by respondent has not been clinically proven to be more effective than other forms or brands of essiac tea. Therefore, the representation set forth in Paragraph 8 was, and is, false or misleading. 10. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act.

THEREFORE, the Federal Trade Commission, this twentythird day of October, 2008, has issued this Complaint against respondent.

By the Commission.

VOLUME 144 Complaint EXHIBIT A DARYL C. JENKS 677 Complaint FICIMUI LSsiae Yl A DACCPUULAL CLIVE FULL & WOUSLLC 1UU Cal Ludi. sayecunyu Exhibit A purchase. We make it easy and inexpensive for you to share with others.

Free essiac for referrals.

Take all the one ounce packets you desire. $2.99 each. Free shipping on the first packet. Small shipping charge on two or more packets. Unlimited 1 oz packets (11 day supply).

Six month supply for $69.99. Similar deals for individual packets and bottles.

Six months for $69.99, If you would like to view our prices and packaging options, including the five deals listed above, visit our ShopSite Store, ShopSite for Prices, Packaging Options and to Make a Purchase.

Brief History Rene Caisse was introduced to doctors at the Brusch Medical Center in Cambridge, Massachusetts in 1958. Rene Caisse, under the supervision of 18 doctors, performed a series of treatments on terminally ill cancer patients. Dr Charles Brusch, John F Kennedy’s personal physician, was Rene Caisse’s mentor during this time. Dr Brusch took a great interest in Rene Caisse’s ancient tonic as a traditional form of healing. The eight herb formula had results consistently better than all others during these eight years of trials. The positive results from the trials included cessation of pain, an overall feeling of wellbeing, improved sleep, increased appetite and energy, a decrease of nodular masses and a prolongation of life.

Premium-Essiac-Tea-4less.com We are going to continue providing the most effective essiac tea at prices that allow all people to realize the benefits. Not only do we have the lowest prices you'll find anywhere, we have a six month, 100% money back guarantee. No questions asked. It’s RISK FREE! We take pride in our ability to deliver the most recent and relevant information to you at this website. You will find information on most every topic, If you can't find it here, you can always go straight to the source by calling or emailing us. We would love to talk with you. Contact Daryl Toll Free @ 866-840-3389 with any questions, You can also send an email to [email protected], The benefits of this herbal remedy are plentiful and indisputable. If you would like to read testimony from some of our network customers, click here: Testimonials.

The Truth About Essiac Essiac Tea & Capsules Authentic, Organic, Affordable. Essiac Myths Essiac Herbal Health Formula Quality Health Exposed Products, Low Prices Ads by Google http://www.premium-essiac-tea-4less.com/ 2/14/2008 PTCOMUID OSS Mt All DACCPUULA Five WU a WoUSsELe 1UU Call 1rumt. http://www.premium-essiac-tea-4less.com/ VOLUME 144 Complaint For an unlimited amount of websites offering information on medical conditions and treatment modalities besides those discussed in this website, dick here.

The Healthy Sense Directory - An excellent source of organized health information...

Shopping-Guide Home Saunas and Accessories by Saunafin Home saunas are believed to produce numerous health benefits and provide a relaxing spa experience. Get one for yourself today at Saunafin. The Internet Web Directory - The fastest growing resource for information found on the internet.

Rikz Vitamins - All you ever wanted to know about Vitamins! 411 info: Let Us Put You In Touch Lu Cancer - All about cancer! Disclaimer: The statements regarding essiac tea have not been evaluated by the Food and Drug Administration. We cannot claim that this product is a cure, prevents disease or has beneficial medicinal properties. The information on this website or in emails is designed for educational purposes only. It is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses. Consult your physician before starting any medical treatment.

Essiac gratis, Te medicinal de hierbas de alta calidad, Distribuidor principal.

Puede verdaderamente permitirse e! lujo de pasar por alto este Te Medicinal! de Hierbas Essiac? Incluso puede ser GRATIS. Ademas, los beneficios del Essiac son numerosos e indiscutibles. Precios excep Your guide to ordering essiac. What and when to order. Ordering esslac is easy, but if you've never ordered essiac before and need assistance, you've come to the right place. Place an Order Premium Essiac Tea 4less. Three types of packaging options. Fresh, high quality essiac, Excellent prices.

Essiac Tea FAQ (frequently asked questions). Essiac Tea FAQ Try an_"Essiac herbal remedies" packet for $2.99. Eleven day supply.

We have such extreme confidence in our “Essiac herbal remedies” we give you a packet for next to nothing, Essiac Testimonials From People Experiencing Cancer and other Medical Conditions You have to read these essiac testimonials to see what possibilities exist. rays 2 uu Exhibit A 2/14/2008 DARYL C. JENKS 679 Complaint IrTeMIUM 5S1aC al AN EXCCPuONnAal ITIce TOM a WEDSIC YOU Can LTUSI. rouge 4010 Exhibit A This essiac tea formula is comprised of Eight Therapeutic herbs. Learn about the eight different herbs comprised in this authentic essiac tea formula.

Essiac dosage recommendations are based on multiple circumstances.

Find out what essiac dosage recommendations are based. Natural Cure, Natura! Remedy, Preventative Treatment: Is Essiac the Best Choice? Essiac has been used by many as a Natural Cure for Illnesses ranging from gout to cancer.

Benefits of Essiac Tea Include a Boosted Immune System and Detoxification.

People from all over the world have realized the benefits of essiac tea. Relapse prevention for cancer patients never ends. Possibly the relapse prevention necessary for cancer survivors. An alternative cancer treatment used by many is essiac. An alternative cancer treatment many patients seek. Conventional and alternative treatment together make potent partners. Brewing Essiac is Safe and Inexpensive. We Make Brewing Essiac Easy.

When you brew your own essiac you know the essiac is natural, pure and fresh. Plus, brewing essiac is easy.

International essiac orders are shipped throughout the world. You'll receive your international essiac orders. We guarantee it. An Australian essiac distributor we recommend for essiac within Australia.

If you want to order essiac and feel secure knowing you'll receive your shipment, order from an Australian Essiac Distributor at Zeolite Worldwide. Free essiac for any person who refers a new customer. You refer us a new customer, we give you free essiac. Taking Essiac; A list of the TOP 10 methods. Taking essiac on an empty stomach is best. BUT... Feline and Canine Illness can benefit from Essiac, Older Canine Iliness Presents a Perfect Situation for Using Essiac Tea. Essiac tea herbs need to be stored and handled properly. The effectiveness of essiac tea herbs is directly proportional to handling and storage.

Stevia Sweetener is a Natural Sweetener; It's a Food Supplement in USA.

Stevia Sweetener has been Used by the Japanese Since 1977 as a Sugar Substitute.

Ordene essiac: la order rapida.

Ordene essiac rapidamente via nuestro sitio web o llame nosotros tocamos http://www.premium-essiac-tea-4less.com/ 2/14/2008 VOLUME 144 Complaint rremium fssiac al an &Xcepuonal rice Irom a Weosite TOU Can LTUSt. rage 2 010 Exhibit A libertamos.

Pruebe un paquete de Remedios de hierbas essiac a $2,99. Suministro para once Tenemos una confianza tan grande en nuestros Remedios de hierbas essiac que le damos un paquete casi gratis.

Testimonios sobre el essiac brindados por personas que padecen cancer y otras en Tiene que leer estos testimonios sobre e! essiac para ver que posibilidades existen.

Tenemos la receta de te essiac autentico mas nueva y eficaz Receta del autentico te essiac de! Dr. Charles Brusch. Ocho hierbas terapeuticas en esta formula de te essiac, Aprenda mas sobre las ocho hierbas diferentes de nuestra formula autentica del te essiac.

Cura natural, remedio natural, tratamiento preventivo: Es Essiac la major elecc Essiac ha sido utilizado por muchas personas como un remedio natural para enfermedades que van desde la gota hasta el cancer. La prevencion de recidivas para los pacientes con cancer nunca se acaba.

El te essiac puede constituir la prevencion contra recidivas necesaria para quienes sobreviven a un cancer.

Algunas personas utilizan el essiac como tratamiento alternativo para el cancer.

El te de Essiac es un tratamiento alternativo para el cancer busqueda de muchos pacientes. El tratamiento convencional y alternativo juntos hace a socios potentes.

Dosis intensiva de essiac para enfermedades graves. Dosis de essiac y embalaje para tratamiento intensivo de afecciones medicas serias.

Regimen de dosis de mantenimiento del te essiac; Embalaje para mantenimiento del La dosis de te essiac y el embalaje ideales para el regimen de mantenimiento.

Preparer essiac es seguro y economico. Hacemos que preparar essiac sea sencilio.

Cuando usted prepara su propio essiac sabe que el! essiac es natural, puro y fresco. Ademas, preparar essiac es facil. Essiac gratis para cualquier personal que envie un nuevo cliente. Usted nos manda un cliente nuevo y nosotros le damos essiac gratis. La manipulacion y el almacenamiento de las hierbas del te essiac son fundamental La eficacia de las hierbas del te essiac es directamente proporcional a la manipulacion y el almacenamiento.

http://www. premium-essiac-tea-4less.com/ 2/14/2008

VOLUME 144 Complaint Exhibit B DARYL C. JENKS 683 Complaint TOU 2UIUe WO OFUCTIY Ssslac. Wal AG WHICH WW UTUCT. rage zu Exhibit B If your answer is yes, we recommend that you take the agaressive dose (9 oz. of tea per day). If your answer is no, we recommend that you take the maintenance dose (3 oz. of tea per day). Click on the appropriate link (aggressive or maintenance dose) above to learn more about Essiac Tea Dosage Recommendations.

OK, now that you know the difference between the aggressive dose and the maintenance dose, you can decide which you will plan to take. Remember this, because you will need to know which dose you plan to take when choosing your order size.

Next, you need to decide whether you'd like the most economical option, or the most convenient one:

2. If you'd like the most economical choice, order essiac in bulk packages.

Essiac in bulk bags Is the least expensive per pound. You will need to weigh out the correct amount of the herb mixture on a kitchen scale when you go to brew your tea, which usually occurs every two weeks. For those on aggressive dose, you'll need to weigh out 4 02. of the mixture of herbs (equivalent to 113 grams), which will prepare one gallon of tea and last two weeks. For those on the maintenance dose, you'll need to weigh out 1 oz. of the mixture of herbs (28 grams), which will prepare 1 quart of tea and last 10-11 days. Essiac in a 1-Ib. bulk bag costs $21.90. If you buy the 3 Ib 4 oz bulk bag, the cost is $69.99. If you buy the 6 Ib 8 oz bulk bag, the cost is $136.45. 3. If you'd like the most convenient and easy option, or you are new to essiac, we suggest ordering the smaller 4 oz. or 1 oz. essiac packets.

Each 4 oz. packet prepares exactly 1 gallon of tea (no weighing or measuring!) and each 1 oz. packet prepares exactly 1 quart of tea. All you have to do Is boil the water and pour the contents of the package in! Those on aggressive dose should consider ordering essiac in the 4 oz. packets, and those on maintenance dose, or those preparing essiac tea for pets should consider ordering essiac in the 1 oz. packets.

A single 4-o0z. packet costs $9.99, and a single 1-o0z. packet costs $2.99. When you order a 3-month, 6-month, or 1-year supply, you will receive volume discounts.

Use the decisions you've just made to choose the best order size for you below.

By far, our most popular order size is the 3 Ib. 4 oz. order, and we recommend that size if you've never tried essiac before. The 3 Ib. 4 oz. order is good for one person for 6 months taking the aggressive dose. http://www.premium-essiac-tea-4less.com/ordering-essiac.html 2/14/2008 VOLUME 144 Complaint YOUr guide to ordering Cssiac. Wal ana when to order. rage 5014 Exhibit B Most people who are new to essiac start out by ordering essiac in the 4 oz. or 1 oz. packets. People who love convenience also choose the packets when ordering essiac.

Click here to order 3 Ib. 4 oz. of sealed and labeled essiac in thirteen (13) 4-02. packets for $106.96 (save $22.91).

Once they become comfortable with the process many people switch to ordering essiac in bulk bags to save money: Click here to order essiac for less (It will come in bulk kitchen bags). 1 Ib bulk bag for $21.90. 3.Ib. 4 oz. bulk bag for $69.99 6 Ib. 8 oz. bulk bag for $136.45 While the 3 Ib. 4 oz. order is our most popular size, we also offer essiac in other sizes, designed to suit specific needs. Our 6 Ib. 8 oz. order will last 12 months for one person taking the aggressive dose (or 6 months for a person taking the maximal dose recommended for those on chemotherapy and/or radiation). You will save when ordering essiac in the 6 Ib. 8 oz, amount, and it Is less expensive than the 3 Ib, 4 oz. to ship pound-for-pound.

Your essiac will stay good for at least one year if you store it in a cool, dark place. A basement Is a good place in most climates. In extremely warm dimates, a refrigerator is acceptable if no cool, dark place is available. Click here to order 6 Ib. 8 oz. of sealed and labeled essiac in twenty-six (26) 4oz. packets for $187.99 (save $71.75).

Our 1 Ib. 2 oz. order is good for one person for 6 months at maintenance dose.

Click here to order 1 Ib. 2 oz. sealed and labeled essiac in eighteen (18) 1oz. packets for $51.70 Click here to order a 1 |b 2 0z bulk bag of essiac for $26.35. Our 2 Ib. 3 oz. order is good for one person for 12 months at maintenance dose.

Click here to order 2 Ib. 3 oz. sealed and labeled essiac in thirty-five (35) packets for $89.25 Click here to order a 2 Ib 3 oz bulk bag of essiac for $48.05, Consider ordering essiac in 10, 13.6 and 27.2 !b increments if you plan to resell the product or share with family and friends. Click here to order 10 Ibs. of sealed and labeled essiac in ten (10) 1-Ib. packets for $219.70 (save $50.29).

Click here to order 10 Ib. bulk essiac for $199.70 (save $30.00). Click here to order a 13.6 !b bulk bag of essiac for $267.99. Our 1 Ib. order is most popular with those treating children or small pets. http://www.premium-essiac-tea-4less.com/ordering-essiac.html 2/14/2008

VOLUME 144 Complaint Exhibit C DARYL C. JENKS 687 Complaint mssiac 1€a FA (Irequenuy askea quesuons). Exhibit C rage 2012 good results. Personally, if we had a loved one taking chemotherapy and/or radiation therapy, we would recommend 6 oz. three times per day to be on the safe side.

Am I able to take essiac with other types of treatments? Yes, essiac is able to be taken with all types of treatments, alternative and traditional. Essiac will work in a complementary fashion with other types of treatments compounding the positive health effects. You are advised to consult with your practitioner. If you are concerned, ease into your essiac tea usage gradually, taking 1/2 or 1/3 of the full dose at first. When will I notice the benefits of taking essiac? This varies from individual to individual. Some people notice an increased sense of health, well-being and energy just days after starting essiac tea. It takes others weeks or even months to notice a tangible benefit. But, for most people, an improvement in general health and well-being is experienced after one to two weeks if taking essiac tea regularly. Follow our essiac dosage recommendations for at least S months If you have cancerous tumors.

What diseases/medical conditions are treated with essiac? Cancerous tumors, diabetes, leukemia, liver problems, high blood pressure, kidney ailments, high cholesterol, chronic pain, chronic fatigue, and hepatitis C are some of the more common diseases/medicals conditions treated with essiac.

Are there any side effects from using essiac? The only side effects we've experienced are nausea and diarrhea, These side effects occur during the first few days of taking the aggressive dose of essiac. The nausea and diarrhea are usually quite mild. These side effects are a result of the essiac detoxifying the body, which is a good thing. If you have trouble tolerating these side effects then ease into the aggressive dosage by taking 1/2 to 1/3 of the recommended dose. Always consult with your medical practitioner if you have any health concerns. Essiac Herbs and Essiac Formula Which herbs are found in the eight herb essiac? Why should I choose the eight herb essiac formula over the four herb formula? How Is the taste of the eight herb essiac formula? Should the essiac tea be taken hot, cold or room temperature? Should essiac tea be taken with food or on an empty stomach? Are the herbs organically grown? Are the herbs fresh? From what location do you receive these herbs? Have these herbs been irradiated? Are there any pesticides or chemicals used on these herbs? Which herbs are found in eight herb essiac? The eight herb formula we distribute is comprised of blessed thistle, burdock root, kelp, red clover, sheep sorrel, slippery elm bark, Turkey rhubarb root, and watercress. These individual herbs each have beneficial properties for healing the human body. Once they are combined together in a specific ratio the individual properties of each herb are enhanced by the other herbs in a synergistic manner. To learn more about the properties of these herbs, please visit; essiac tea herbs formula. Why should I choose the eight herb essiac formula over the four http://www.premium-essiac-tea-4less.com/essiac-tea-faq.html 2/14/2008 VOLUME 144 Complaint mssiac Lea ray Urequenuy askea questions). rage 9 O12 Exhibit C herb formula? There are a several reasons for choosing the eight herb formula instead of the four herb formula. One reason is watercress. An important property of watercress is its cleansing ability. Watercress removes a residual component of sheep sorrel break down called oxalic acid. Oxalic acid will form stones (Kidney stones, etc) within the body. Without watercress, stone formation can happen in individuals who are susceptible, The four herb formula doesn't have watercress but does have sheep sorrel. Secondly, red clover and blessed thistle both have proven anti-cancer properties. These herbs give the eight herb formula a cancer fighting advantage over the four herb formula. Thirdly, kelp is full of vitamins, minerals and other nutrients. Kelp is a strong immune system booster. Kelp is found only in the eight herb formula. Fourthly, four herb essiac was designed to have one of the herbs injected. If you are taking essiac as a tea and not injecting one of the herbs, it won't be as effective. Finally, while four herb essiac is targeted for liver detoxification, eight herb essiac results in liver and colon detoxification for a more complete detoxification. To read more about the merits of eight herb essiac and the history behind it, please visit: How is the taste of the eight herb essiac formula? Eight herb essiac has a “earthy" and somewhat bitter taste. The bitterness is due to the watercress. Most people become accustomed to the taste after @ two week period. For those who never get accustomed to the taste, we recommend an orange juice chaser. Drink a small portion of orange juice immediately after consuming the essiac tea. The orange juice will help to counteract the taste of the essiac tea. Essiac tea is not meant to be sipped or savored. It should be taken in the same manner as a cough syrup or other medicinal liquid.

Should essiac tea be taken cold, hot or at room temperature? We recommend taking the essiac tea cold. Test results showed that tea taken cold was the most effective. The tea should be taken immediately after pouring your serving from the container in the refrigerator. Should essiac tea be taken with food or on an empty stomach? We recommend taking essiac tea on an empty stomach. Take essiac tea one hour before eating a meal or two hours after eating a meal. Liquids won't interfere with essiac being absorbed into the blood stream through the digestive system, so orange juice, water, etc may be consumed shortly after taking essiac, but please avold solid foods. Are the herbs organically grown? Yes, all the herbs in the eight herb essiac formula are organically grown. They are certified organic.

Are the herbs fresh? Yes! Our herbs are incredibly fresh because we sell thousands of pounds of essiac herbs a month. We turn over the majority of our herb inventory every 1-2 weeks. Many customers have commented on how fresh the herbs look and smell. If you purchase essiac from an outlet that sells more than one herbal formula, you're more likely to receive stale herbs. We deal with only essiac at Premium Essiac Tea 4less.

From what location do you receive these herbs? All of our herbs are grown in the U.S.. Our two herb suppliers are StarWest Botanical and San Francisco Herb Company both located in the state of California.

Have these herbs been irradiated? Are there any pesticides or http://www. premium-essiac-tea-4less.com/essiac-tea-fag-html 2/14/2008 DARYL C. JENKS 689 Complaint CAMNWUILY chemicals used on these herbs? Our herb have not been irradiated. Also, our herbs are pesticide-free and chemical-free.

Information About premium-essiac-tea- 4less.com Am I able to purchase your eight herb essiac in a store or market? How can I place an order? What type of guarantee do I have if I make a purchase and I'm not satisfied? What is the return policy? Will I talk with a real person when I call for customer support? Where is your business based? How many years have you been in the essiac business? How many customers have used your product? Do you have other products besides essiac? Does Premium Essiac Tea 4less have a catalog? Why doesn't Premium Essiac Tea 4less have dozens of customer service representatives or large retail locations throughout the country? Am I able to purchase your eight herb essiac in a store or market? No. We deal in internet sales only. This is the reason we are able to sell our essiac at such a discounted price compared to the large corporations which stock every health food store.

How can I place an order? We recommend that you place your order via our 100% safe and secure online shopping. Click here for the product list that leads you to the shopping cart: Ordering Essiac If you prefer to place a telephone order using a credit card, you can call us Toll-Free anytime at 1-866-840-3389. If we are currently assisting another customer, please leave a message and we will return your call promptly. If you prefer to send a mail order (which you can pay for via credit card, check or money order) click Download Mail Order Form What type of guarantee do I have if I make a purchase and I'm not satisfied? We give you a 6-Month 100% Money-Back Guarantee. We want you to be 100% satisfied with every aspect of your shopping experience. If you are not 100% satisfied we want to know so we can either make it right or compensate you in some way for your inconvenience. What is your return policy? Please visit: Return/Refund Policy.

Will I be able to talk with a real person when I call customer support? Yes. A real person will answer your phone call or will return your call shortly if unavailable. You may contact us using our contact form. You may also call us Toll-Free at 1-866-840-3389 or send an email to [email protected], All three methods will result in a real person communicating with you.

Where is your business based? Premium Essiac Tea 4less is based out of Howell, Michigan, USA. Howell is http://www.premium-essiac-tea-4less.com/essiac-tea-faq.html 2/14/2008 VOLUME 144 Complaint mssiac 1¢a FA (irequenuy askea quesuons). rage 3 012 Exhibit C approximately 25 minutes north of Ann Arbor and 30 minutes east of Lansing/East Lansing.

How many years have you been in the essiac business? This company has been making and distributing essiac since 1986, This website was launched in January 2006 as another means to distribute our essiac.

How many customers have used your product? The eight herb essiac tea formula we carry has been taken by hundreds of thousands of people all over the world.

Do you have other products besides essiac? No. The only product we sell is the eight herb essiac. Does Premium Essiac Tea 4less have a catalog? Yes! Click here to claim your copy of our brochure: Get your digital essiac brochure instantly Download and print a brochure using Adobe Reader., or request a brochure that will come in the mail by contacting: [email protected] To exit ‘Essiac Tea FAQ' page and return to 'Home’ page, click here. Disclaimer: The statements regarding essiac tea have not been evaluated by the Food and Drug Administration. We cannot claim essiac tea is a cure, prevents disease or has beneficial medicinal properties. The information on this Web site or in emails is designed for educational purposes only. It is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses. Consult your physician before starting any medical treatment. Conlacl Us Opremiurm-essiactoa-diess.com, 2006 All Rights Reserved. POWERED Sy: State SBuito rt http://www. premium-essiac-tea-4less.com/essiac-tea-faq.html 2/14/2008 DARYL C. JENKS 691 Complaint Exhibit D Exhibit D Essiac Testimonials From People With Truly Amazing Testimony.

A handful of our many essiac testimonials from people using our eight herb essiac can be found here:

September 14, 2006 I was diagnosed with colon cancer in March that had metastasized to my liver. I was put on strong chemo treatments (3 kinds at a time) every 10 days. The first treatment I was very ill and was in bed for 3 days. I then started taking Essiac twice a day. By the time I took my 2nd Chemo treatment I had more energy and my appetite was better. I just felt better all over, The Doctors were armazed at how well I was handling such strong chemo I took 8 treatments and then had surgery. They removed my gall bladder, 80 percent of my liver and a section of my colon. That was in June. I had some setbacks with infection. After surgery and the infection I was very breathless and weak. I started taking the Essiac again and my breathlessness got better immediately and I had more energy. My appetite has also improved. I had a scan 3 days ago and there is NO Cancer in sight. I do however have a pocket of fluid behind my liver that I am going to have to get checked out. My oncologist said it is not cancer, but is surgery related. I am very thankful I found out about Essiac. I truly believe it has helped me fight this battle. I would recommend it to anyone taking chemo or fighting Cancer.

Jim February 15, 2005 "I began purchasing essiac tea at a local health food store after reading about it in some cancer testimonials from survivors. I since found your site online and have ordered and begun using your eight herb essiac tea. I was diagnosed with melanoma in 1999. I had surgery and was told that there was 2 99% chance the cancer wouldn't spread, Well, less than a year later a lump in my breast was detected.

I had another surgery and started to look into options at the health food store. I didn't want to live my life going from surgery to surgery and never being sure if the cancer had spread. Well, I've been taking essiac tea since 2003 and your product since late 2004. Knock on wood, I am cancer free and have been since early 2004. I have never felt better in my life, and I sincerely believe it is due to the wonderful tea." Paul Grady, New Hampshire *I started taking essiac tea because my friend (who had been taking essiac http://www.premium-essiac-tea-4less.com/essiac-testimonials.html 2/14/2008 VOLUME 144 Complaint mssiac 1esuumoniais rrom recopie bxperiencing Tancer and Omer ivicdical Condiuons rage zu1in Exhibit D for her breast cancer) told me that it could be used as a detox and a general health tea. I had been consuming products made with aspartame for awhile, and started feeling a lack of energy, an increase in pain, increase in weight, and depression. I hoped that taking essiac tea would help my "detox" from aspartame.

It's hard to say how far-reaching the effects of aspartame were, but I have never felt better. It's strange, because my energy levels used to drop In the mid-afternoon and in general I felt lethargic much of the time. After just a few weeks on essiac that has vanished, and I feel better than ever. I've also noticed my skin has cleared up and has a rosy glow to the cheeks that I never had before. I'm sleeping very well and waking up refreshed--and it seems I need less sleep now, but I feel much better all day. I plan on taking essiac for life, and the preventive effect against cancer is a definite plus, as cancer runs in my family. For what it's worth, I've been taking two 3-oz. doses per day, about an hour after breakfast and again right before bed. I tell everyone I know about these essiac testimonials and this wonderful health tonic--I wish I discovered essiac sooner, and cancer runs in my family so this tea has been a godsend.”

Jennifer, Maryland December 2004 "I've been suffering from hypothyroidism and hypoglycemia since 1997, which has lead to a 50 pound weight gain (5-10 pounds a year from 1997 to 2004). I'm on premarin right now. I went online to research herbal remedies because I figured I had nothing to lose (but the weight,ha ha). I came across some essiac testimonials from diabetics and people with hypoglycemia, I decided to order some essiac and give it a try. Now I've been on it for over six months. Looking back, I realize now that I probably had accumulated a lot of toxins that made my thyroid become sluggish. I say this because not only has the weight began to come off without a change in diet (purposefully, anyway) but I've noticed that my skin has become clear, I feel much more energetic, and my constant headaches have disappeared. I seemed to be in pain for something or other almost all of the time. My family thought I was a hypochondriac. I just feel that my body was highly toxic and I was paying the price. Sincerely, Rachel Currier January 3, 2005 “I need to order some essiac tea. I've been using some that my sister ordered from your website last November. She really believes in essiac tea, and she was so happy she found your site, which offers it at a lower price than we've been able to find elsewhere. She was diagnosed with esophageal cancer in 1991 and the situation was very bad for awhile. She was given a maximum of six months to live. Right around that time she began an aggressive regimen of essiac tea. And she is still here today. She tells everyone who needs it about essiac tea. Getting to my part of the story... I was diagnosed with lung cancer October 21, 2004. I started chemo and http://www.premium-essiac-tea-4less,com/essiac-testimonials.html 2/14/2008 DARYL C. JENKS 693 Complaint DSS 1 CSUMONIMIS CIVIL FCUPlC DAPCTICUCIIY VAICCr AU VUICT IVICUICE WUNUTLIULES rage ouvir Exhibit D radiation December 5. I was feeling so sick from these treatments through the month of December. It was all I could do to get out of bed. No energy, I felt very depressed. I decided to go with the 6 oz. three times per day of your essiac tea because I am receiving the chemo and radiation. After four days of this regimen I started feeling like I had been before the chemo and radiation...not perfect, but not like I was at death's door, either, I have continued to feel better as the weeks have gone by, and the best news Is that the tumor has gone down for the first time as of my last check-up. I will be calling this afternoon to place my order. May God Bless.” Kenneth Brown, Oklahoma November 2004 “I have had previous experience with essiac tea. I purchased some essiac tea from a friend for my father-in-law about ten years ago. I saw an almost immediate improvement in his health, I can't say for sure what effect it had on his prostate cancer, but it had a positive effect on his psoriasis, diabetes, and asthma for sure. I am convinced the essiac tea helped prolong his life and, perhaps more importantly, improved the quality of his life during his remaining years. He was able to live pain-free much of the time, and that in and of itself was a blessing.”

Margaret L., Nevada January 2005 "I started suffering from asthma after repeated bouts of bronchitis in 2003 and 2004. I found myself having to use my inhaler quite often during the day, and eventually experimented with Singulair and Advair. Singulair and Advair worked quite well, although because I don't have insurance I found them to be very expensive.

Someone suggested that I try essiac tea. They gave me a two-week supply to try. I was astounded that my asthma was gone three days later! I've been taking 3 oz. per dose, 3 times per day. I noticed other health benefits as well, so I plan to continue essiac tea. Recently everyone got sick around here, and I did as well, but I got better in two days whereas everyone else, it seemed to take them two weeks.

My husband suffers from asthma to a greater degree than I ever did, and I suggested that he try essiac tea. To his pleasant surprise, he took it during an acute attack and his breathing increased from about 20% capacity to almost 100%, almost instantly. He has tried many asthma treatments including steroid packs and Prednisone. Those treatments are hard on his system and he's glad he doesn't have to rely on them anymore. Thank you so much for offering essiac tea at such a great price. We're telling everyone we know about the wonderful effects of health and well-being we've seen from essiac tea."

Kristen C., Ontario, Canada February 24, 2005 http://www.premium-essiac-tea-4less.com/essiac-testimonials.html 2/14/2008 VOLUME 144 Complaint —_— 8 --e- - ---- Exhibit D "I'd like to order another supply of essiac tea. I have been giving it to my sister (with breast cancer) and my father (diabetes) so I'm already running low. Since my first diagnosis, my ovarian tumor has shrunk 60% and the doctor can't believe it. I am on chemo as well and I'm not sure if the chemo or the essiac is doing the trick, but I'm not going to take any chances. I believe in alternative treatments very much, so I'm partial to attribute my progress to the essiac, but whatever it is I am grateful. I am also thankful to have the chance to read essiac tea testimonials from others who are doing well, it gives me hope.”

Kerry W., Texas March 4, 2005 “I have been giving this product to my brother for two years now. His cancer has metastasized. His test results have been getting better and better. The doctors do not know I have been giving his essiac tea, but we believe that is what Is helping him. I would like to place a bulk order ASAP," Kenny, Colorado April 9, 2005 “Essiac tea is amazing. Let me tell you about my mother who has (or had) colon cancer. She is elderly and the doctors warned that she might not survive an operation to try and remove the tumors. We agreed that we would rather have her enjoy her last years as much as possible, living with us etc. rather than be in a hospital trying to recover from invasive surgery. We were on the fence about chemo but decided against it for the time being.

We began giving her essiac tea last November, and we noticed that she seemed happier and more energetic almost right away. However, it wasn’t until February that we noticed some dark substance coming from her colon. At first it seemed to be stuck to her skin but after a few days It began falling off on its own while she was bathing. When we went back for testing the doctors said the tumors seerned to be gone. Amazing. My mother continues to take essiac at maintenance dose, and actually the whole family is on it now because cancer runs in our family. Essiac is truly heaven-sent. Please add my account to your cancer testimonials page so that others will know how well it has worked for us."

Susan Baxter, New Hampshire February 26, 2005 "I've been helping care for my aunt for the past three years. Soon after I took her in they discovered rectal cancer. After debating our options we decided to start chemo and radiation. However, we weren't satisfied to stop with that. I was interested in alternative treatments but I didn't want to go with just anything. My priest recommended essiac tea and of course, prayer and faith. Which we had always kept a part of our lives. http:/Awww.premium-essiac-tea-4less.com/essiat-testimonials.html 2/14/2008 DARYL C. JENKS 695 Complaint COSC LCSUMUNIUS CIVIL FCUPIC DAPCIICHCLIY CAUCE! ANU VUICT iVICUICd! WC UMUIUULD rage vviit Exhibit D We started with a four-herb essiac, I think it was affiliated with a company called "resperin," I started telling my friends and family that my aunt was taking essiac tea and a couple of people suggested that I try to obtain eight-herb essiac. I found eight-herb essiac a couple of months later (I had her on the four-herb formula for about eight months). She was already starting to show an improvement. Mind you, she was taking chemo and radiation as well, and also cat's claw and a bunch of “antioxidant” vitamins, All we knew was that something was working. My aunt's last CAT scan showed that she was normal: no cancer anywhere in sight! We were so relieved. It's so scary to not know what is happening or what you can do. We dropped her back to 4 oz. twice per day; we had been doing three times per day. Now I am told we can drop back further so we will probably do that after her next check-up. Or, we might keep her on twice per day, who wants to mess with what works. We thank God every day for whatever miracle saved my aunt.”

Cassie R., Midland, Texas March 31, 2005 “I have cancer and I need to order some more essiac tea. I need essiac sent to me as soon as possible. Let me tell you what happened to me... I had become very sick with cancer last year. It got to the point that I was told I would be dead by December. I couldn't stay awake for more than a few hours at a time, and I couldn't speak clearly anymore. My tongue had swollen from the chemo.

I heard about essiac tea and tried it as a last ditch effort to save my life. I continued the chemo but added essiac tea to my regimen. I couldn't believe how quickly I noticed an increase in energy. Then my hair started growing back, both on my head and my eyelashes and such. A few months later, all my tumors were gone. My doctor said, “Whatever you're doing, keep it up, this is a miracle!"

Tam religious and | believe that faith can heal. In addition, I believe the chemo and radiation helped me. However, I do not think I would be alive today if not for the essiac tea. The reason I say this is because, once my tumors were gone and I felt better, I ran out of essiac and didn't buy more. I didn't think I needed it anymore. Well, I was wrong. My hair started falling out and I had no energy. My platelet count Is up again. This started happening a little over a month ago, a few weeks after I stopped the essiac tea. I had been meaning to get more but I kept putting it off. My friend gave me some other tea to try, he called it "miracle tea." I don't know what was in it, but it did nothing for me. It's not like essiac. Now I feel desperate: I need to get more essiac in me. I feel like crap without it and I'm worried that my tumors will come back, if they haven't already. My doctor is worried also because I am obviously slipping. He says he can't recommend essiac (which makes me so angry!) but we both know that it's the only thing that has changed in my regimen. I recommend that everyone with cancer take essiac. I believe you should take traditional treatments like chemo in addition to essiac for best results, All I can go by is how I reacted, but it truly has been a miracle for me. Essiac tea Is absolutely amazing and T feel it saved my life."

Heather http://www. premium-essiac-tea-4less.com/essiac-testimonials.html 2/14/2008 http://www.premium- VOLUME 144 Complaint Exhibit D January 2005 "We never had essiac tea before, but I know it helped my dad last year with the cancer on his spine.

After my dad came home from the hospital, the week before Christmas in 2003, he was on oxy-cotin, and was in pain (They radiated his ‘whole’ spine). Basically, they sent him home to die. I brought him essiac and he started taking it, just to appease my sister and I. Two days after taking the essiac tea, his pain went away. His pain went away after two days, no more pills, and his cat scans were very good, the doctors were arnazed. However my dad is a retired electrical engineer and thinks prescription drugs are the way to go, not ‘voodoo’ stuff. Of course, he didn't attribute getting well to the tea. I keep saying, ‘God made herbs.' He stopped the essiac tea in the spring. The cancer did spread again in the summer and now he is in a cancer ‘vaccine’ testing. He has some at his house if he so chooses (It is hard for my parents right now, since their youngest, my brother passed away at age 34 on Sept 15). I have seen this works and with our colds and knowing what we really eat, what is contained in our milks beef, and chicken--we like the idea of purging cancer causers from our bodies. The tea we got my dad was not the ‘original’ essiac tea, which is why I did buy in bulk from you. Thanks for offering it to us at a great price. God didn't give me a gift to ‘write’..but I still try.” Sincerely, Karen May 9, 2005 Hi, so far I love your product. My lab results showed me in the non-diabetic category for the first time and ALL my results improved (I have been on 902z/day for close to a month now).

l also have, for the 1ST TIME! other normal (average range) lab results. Not to mention what it has done for my C.F.S. (Chronic Fatigue Syndrome) and overall energy level. My only regret is that your product hasn't made me quit smoking (yet!).

God Bless, Jonathan April 2005 “One of my friends was diagnosed with Chronic myeloid leukemia (CML) In 2003. She was sick with infections and fevers almost all of the time. She also developed anemia (her red blood cells were very low). Upon her Practitioner's recommendation she began to take essiac tea along with chemotherapy.

After four months on essiac tea, to our surprise her body seemed to have rid itself of leukemia cells. The hematologist found her completely normal when he did the bone marrow aspiration. We went to a pathologist as well essiac-tea-4less.com/essiac-testimonials.html 2/14/2008 DARYL C. JENKS 697 Complaint bsslac 1 CSUMONMIS From reople EXPC4ncneily VANCE and OUNCT IVICUlcdl WONGIUONS rage ;urin Exhibit D to confirm the diagnosis, and he agreed that the cancer was gone." Elizabeth March 2005 “A friend of ours has been taking essiac tea for years and years now. He didn't get It from your company, but I believe it is the same thing. His is the eight herb formula like you have on this site. My friend was at one point given less than a month to live, and that is when he tried the tea. That was in 1990 and he is still alive today. This is unbelievable to me! I have cancer and would like to try this 'miracle tea’ for myself.”

Earl Barrington, Tennessee February 2005 “Bill and I have been drinking essiac tea for three months now (me more consistently than him, but he is getting better) and it has done wonders for my type IT diabetes. I also notice a lessening of sugar cravings in general which has allowed me to drop 10 Ibs. without really thinking about it. This is good for me as I am still about 30 Ibs. overweight, hopefully not for long. My test results re: the diabetes have returned to normal. I hope my husband will receive the same benefits. His diabetes was a bit worse off than mine was to begin with, and like I said he hasn't been as consistent as I have with taking his essiac tea. Now that he has seen me improve so much, though, he appears to be more motivated with his own treatment. I find that many men aren't interested in the herbal remedies but once they see them work in action they come around. I have found my breathing improve as well, is this one of the benefits of essiac tea (I am asthmatic). Please send us another of the same order we got three months ago on 11/29/05, and thank you for all of your help over the phone, etc. these past months."

Sincerely, Gayle and Bill T.

November 2004 “Seven years ago I had surgery to remove a cancerous rectal tumor that was discovered the year before, and was growing at an alarming rate. I was advised to undergo chemotherapy and radiation. I did for four months but I felt so sick all the time that I couldn't bear to continue, I felt my best course of action was to follow an organic diet and investigate alternative treatments. I stumbled upon essiac tea and began to take it. I had a colonoscopy a little over six months later, and there was no cancer. I continue to have an examination every year and there is no cancer at all. I don't know if essiac tea is a miracle or what, but it seemed to have done the trick for me. I continue to take the maintenance dose and it gives me incredible piece of mind that I am purging my body of the toxins that may lead to more cancer. Thank you for providing this product. I sincerely feel that I owe my life to it."

httn:/Avww.nreminm-essiac-tea-4less.com/essiac-testimonials html 2/4/2008 VOLUME 144 Complaint Dsslae 1 CSUMOMAIS FIUM CCUplc DAPCTICNCMIY VANCE AU OUICT IViCUlCal WULUIUUS rage ourts Exhibit D Sincerely, Mary T., Massachusetts March 2005 "My twelve-year old golden retriever, Charlie, was diagnosed with cancer last year. My vet advised that if I wanted to give him the best chance of surviving I should consider surgery to remove the tumor. However, I was also aware that, due to my dog's age and medical history, he might not survive surgery. I was also told that many times cancer in animals reoccurs, so I was hoping I could do something preventive in nature, whether or not I decided to proceed with surgery for him. I was never aware that cancer in animals could be treated with some of the same things people use, but my homeopathic doctor told me that it can be, In particular, he recommended that I give my dog essiac, I did some research online and found your site. I decided to start with one pound as I would be giving Charlie 2 oz. two times a day (although I started with just one dose to make sure it agreed with his stomach). Meanwhile, I met with the surgeon to discuss my options. I decided to put off the surgery for the time being and see if the essiac tea made a difference. My main hope was to keep Charlie's quality of life at this stage. lam happy to report that he Is doing wonderfully! The tumor is reducing in size and Charlie has only been on the essiac for two months. He has begun to play again and his appetite is much better. I am confident that his situation will continue to improve as long as we continue with the essiac tea. This improves the spirits of everyone in my household, as me and my husband are in our 70s and having Charlie around really boosts our spirits. Please send me another pound of the tea, and bill my card for the amount. Much thanks!"

Julie W., Arizona April 2, 2005 I have been using the four herbs for three years now. I just now found out about the eight herb essiac and want to see if it works better for me. I am alive now because of essiac.

My doctors had me undergo surgery, chemo, and radiation, but it didn't stop the cancer. They recommended that I go through all of it again. I just couldn't face that, though. I decided to try essiac tea and everything got better. So I stopped the tea thinking everything would be fine, but the cancer grew back. I had no energy and so much pain. As long as I stay on the tea my tumors shrink and I feel much better. I am hoping the eight herb essiac is even more effective for me. Sincerely, Shannon Waterton http://www. premium-essiac-tea-4less.com/essiac-testimonials.html 2/14/2008 DARYL C. JENKS 699 Complaint bssiac 1¢sumoniais rrom rcopie mxperiencing ~ancer and omer ivicdical Vondiucns rage y OL LL Exhibit D May 9, 2005 Hello! Your product is incredible. I suffer from a number of physical disabilities, and EVERY category of my lab results came back improved! After only one month of your essiac tea!! After 6 weeks of being on the aggressive treatment for essiac I put the diabetic “paper” or lab results (5.6) to the ultimate test. I fasted all day (for scriptural reasons) w/water only, Not only did I not get the shakes from skipping meals or go into a hypoglycemic state, I didn't get hungry! I kept tabs on my sugar levels every 2 hours or so, and my levels stayed in the 90°s all day long. I have documented this for my primary care doctor and my nutritionist. According to them, this can't happen! Jay, Massachusetts January 2005 “I'm writing because my attorney (a good friend of mine) suggested that I take essiac tea, The doctors found a growth on my skin that appears not to be cancerous, but I'm not taking any chances. He affirmed that I should use essiac containing eight herbs, not the four-herb tea that is more commonly found. He recommended that I come to this site, as you people have been very helpful and the price is right. I guess he's been pointing a lot of people your way.

I am optimistic because my friend's wife was at one point diagnosed with stage IV pancreatic cancer that had metastasized to the liver, and now It's been five years and she is alive and well. Granted, she was on chemotherapy at the same time she took the essiac. She began the chemo December 1999 and the essiac in February 2000. By April 2000 her condition had become stable, which was realistically the best they could hope for at the time.

She continues to maintain relatively good health and although the tumors are still present, her condition is definitely stable and she generally feels well. Her husband switched to your eight-herb essiac when he found your website last month. He says that your herbs seem to be fresher than any he's received before and his wife feels better than ever. I'm looking forward to trying the tea and hope it can do for me what It appears to be doing for so many others. At this point in my life (45) I am well aware of the need for preventive treatment, even if I am "healthy" for the time being.” Christine L., Nevada Intrigued? There is one thing that all of these people have in common: They all take our essiac tea.

The Truth About Essiac Healing With Essiac Tea Authentic, Organic, Affordable. Essiac Myths Buy wholesale essic tea herbs at $10.95. Exposed Free kit and free shipping! Ads by Google | Please share any experiences you have had | http://www.premium-essiac-tea-4less,com/essiac-testimonials.html 2/14/2008 VOLUME 144 Complaint pssiac 1esumoniais rrom reopie bxperiencing Wancer ang omer iviedical Lonaimons rage 1VOrLL Exhibit D with essiac.

Please note that all fields followed by an asterisk must be filled in. First Name* Last Name E-mail Address City Country* When did you begin using essiac.

What other treatment modalities are you currently using.

For which medical condition, if any, are you using essiac.

Please tell us about your experience with essiac.

Any other comments, May we print your testimonial on this website.

To exit 'Essiac Testimonials’ page and return to 'Home’ page, click here. Contact Daryl Toll Free @ 866-840-3389 with any questions. You can also send an email to [email protected]. Disclaimer: The statements regarding essiac tea have not been evaluated by the Food and Drug Administration. We cannot claim essiac Is a cure, http://www.premium-essiac-tea-4less.com/essiac-testimonials.html 2/14/2008

VOLUME 144 Complaint Exhibit E DARYL C. JENKS 703 Complaint 1115 CSSIMC LOM LOTINUI IS COMIPMSCU OL DIZOL 1 DerMpCUuuc NCIS. rage zuiz Exhibit E Blessed Thistle. Blessed thistle increases appetite and stomach secretions. Heals the liver. Alleviates inflammation, improves circulation, purifies the blood, and strengthens the heart. May act as brain food. Good for female disorders.

Burdock Root, Burdock root purifies the blood, restores liver and gallbladder function, and stimulates the immune system. Helps skin disorders such as boils and carbuncles and relieves gout symptoms. Burdock root makes an excellent herbal remedy for gout.

Kelp. Kelp is a sea vegetable that is a concentrated source of minerals, including: lodine, potassium, magnesium, calcium, and iron. Kelp as a source of iodine assists in making the thyroid hormones, which are necessary for maintaining normal metabolism in all cells of the body. This increases energy levels and helps make it easier to maintain a healthy body weight. The overwhelming benefits of kelp occurs because its the most nutrient rich of the eight herbal ingredients in our essiac tea formula. And, its not in the original four herb essiac. Red clover. Red clover acts as an antibiotic, appetite suppressant, blood purifier, and relaxant. Good for bacterial infections, HIV and AIDS, inflamed lungs, inflammatory bowel disorders, kidney problems, liver disease, skin disorders, and weakened immune system. The benefits of red clover have been well documented over the past 80 years in the United States. Visit the ShopSite, See how these eight herbs are processed and packaged. Prices, Shipping.

Sheep Sorrel, Sheep Sorrel is high in oxalic acid, sodium, potassium, iron, manganese, phosphorous, beta carotene, and vitamin C. It is a mild diuretic, mild antiseptic, and a mild laxative. Slippery elm bark. Slippery elm bark soothes inflamed mucous membranes of the bowels, stomach, and urinary tract. Good for diarrhea and ulcers and for treatment of colds, flu, and sore throat. Healing With Essiac Tea “How I Lost 55 Pounds" Buy wholesale essiac tea herbs at $10.95. Amazing Chinese Weight Loss Secret As Free kit and free shipping! Seen On CNN, NBC & Fox News Ada by Google Turkey rhubarb root. Turkey rhubarb root eliminates worms, enhances the gallbladder function, and has antibiotic properties. Helps disorders of the colon, spleen, and liver. Promotes healing of duodenal ulcers. Good for constipation, malabsorption, and parasitic infections. Turkey rhubarb root Is one of the best, if not best, colon cleanse remedies available. Watercress. High in Vitamin C, watercress is used as a general tonic, and its bitter taste is thought to regulate the appetite and improve digestion. It can be used to alleviate nervous conditions, constipation, and liver disorders. Watercress is a popular cough and bronchitis natural health remedy. It contains a remarkable substance called rhein, which appears to inhibit the growth of pathogenic bacteria in the intestines. It is believed that rhein is also effective against Candida albicans (yeast infection), fever and inflammation, and pain.

Contact Daryl! Toll Free @ 866-840-3389 with any questions. You can also send an email to [email protected], http://www.premium-essiac-tea-4less.com/essiac-tea-formula.html 2/14/2008

DARYL C. JENKS 705 Complaint Exhibit F bsslac Gosage recommendaauons are DaseGg On Muiupie circumstances. rage 10lZ Exhibit F premium-essiac-tea-4less.com Essiac Dosage Recommendations The main factor taken into consideration for essiac dosage recommendations is your health condition. Other factors taken into consideration are age, weight, the seriousness of your current health condition and your past medical history.

Our website has an abundance of information about the proper essiac dosage recommendations for each and every individual. In addition to the information you find here, you should also consult with your health care practitioner and do further medical research into your health condition. The best patient is a well-informed patient. If and when your medical condition changes check back with us to see if your essiac dosage recommendations have also changed.

Seven Main Categories of Essiac Dosage Recommendations Child Dosage is dependant on the weight of the child and the health conditions for which essiac will be used. Check out our simplified breakdown of essiac dosage for children.

Dosage for Children Pet Dosage is determined by the health and weight of your animal. Check out a thorough breakdown of the aggressive and maintenance dosage regimens for your cat or dog.

Pet Dosage Instructions Aggressive Dose is recommended if you have a serious illness. This is the standard essiac dosage recommended if you have cancer, diabetes or another serious medical condition.

Aggressive Dosage Instructions Aggressive Dose PLUS is recommended for those who are receiving chemotherapy and/or radiation therapy. This dose is also recommended for those who have been given a terminal diagnosis. Aggressive PLUS Dosage Instructions Maintenance Dose is recommended for those who have overcome an iiness. This dose is recommended for at least six months AFTER your test results have returned to normal.

Maintenance Dosage Instructions Preventive Dose is recommended for healthy individuals. This dose is to prevent health problems, disease and illness. This dosage is especially important for those who have a family history of cancer. Essiac Preventive Dosage Detoxification Dose is recommended if you wish to detoxify your body. http://www.premium-essiac-tea-4less,com/essiac-dosage-recommendations.html 2/14/2008 VOLUME 144 Complaint mssiac aosage recommendauons are Dasea ON Muiupic CIrcumsumces. rage zug Exhibit F The detoxification dose is for improved health, to prevent disease and illness, or to recover from disease or illness, Detoxification regimens are typically done for a fixed period of time. But, this dose can be continued indefinitely to maintain optimal health.

Detoxification Dosage Instructions.

To exit 'Essiac Dosage Recommendations’ and return to the ‘Home’ page, click here.

Contact Daryl Toll Free @ 866-840-3389 with any questions. You can also send an email to darylQpremium-essiac-tea-4less.com. Disclaimer:The statements regarding essiac tea have not been evaluated by the Food and Drug Administration. We cannot claim essiac is a cure, prevents disease or has beneficial medicinal properties. The information on this Web site or in emails is designed for educational purposes only. It is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or ilinesses. Consult your physician before starting any medical treatment. http://www. premium-essiac-tea-4less.com/essiac-dosage-recommendations.html 2/14/2008 DARYL C. JENKS 707 Complaint Exhibit G Natural Cure, Natural Kemedy, rreventalive ireatment: 1s mssiac ine Best UNolce / rage 1012 Exhibit G premium-essiac-tea-4less.com Is Essiac a Cure All? Essiac tea has been used for many decades as a cure for a wide range of illnesses and diseases. The FDA hasn't proven Essiac to have a beneficial effect as an herbal blend. However, the FDA has confirmed the eight individual essiac herbs do indeed have beneficial properties. Whether essiac tea is a cure or not according to the FDA isn't the important point. The important consideration is whether essiac tea helps a person fight an illness on a case by case basis. It may not help everybody, but it might help you or me on an individual basis.

The Healthy Sense Directory - An excellent source of organized health information...

The illnesses, diseases and conditions for which essiac tea has been used by people throughout the world are more than I can list. Some of the more common ailments are AIDS and HIV, diarrhea, constipation, high blood pressure, high cholesterol, internal and external cancers, benign and malignant tumor growth, chronic pain, diabetes, arthritis, kidney and bladder problems, ulcers, liver conditions, colon complications, sinus issues, gout, pneumonia and common chest colds. People use essiac for different reasons. Some are looking for a cure for conditions such as cancer. Others are looking to strengthen their immune system as a preventative measure. Essiac can be used in a variety of ways.

The Truth About Essiac Essiac Tea & Capsules Authentic, Organic, Affordable. Essiac Myths Essiac Herbal Health Formula Quality Health Exposed Products, Low Prices Ade by Google Essiac continues to be used by a large portion of cancer patients in a complementary manner along with chemotherapy and radiation therapy. It's also being used as an alternative treatment and in a palliative manner. There is not a cure for AIDS and the medicine available for fighting HIV and AIDS is beyond the financial means for a majority of the world's population. Essiac is a popular option for large populations of people in African countries. To learn more about how Essiac helps HIV and AIDS patients, click here: HIV alternative treatment.

Diarrhea and constipation are a common inconvenience for many people, but for others they can be deadly. Essiac's eight herbs have properties with the ability to cure diarrhea and constipation. Click here for more detail on the inner workings of essiac on diarrhea and constipation: Diarrhea Cure. Constipation Cure.

taiew conteiare coe Feedtunck . fete te Reeve Patients with liver problems such as hepatitis are giving more attention to the benefits of essiac, Essiac has liver and blood cleansing properties. Hepatitis patients have seen the health benefits from this cleansing process. http://www.premium-essiac-tea-4less.com/Cure.html 2/14/2008 VOLUME 144 Complaint Natural Cure, Natural Kemedy, ’reventative Lreatment: 1s Essiac the best Choices vage 2 01 Z Exhibit G Click here for a thorough explanation of the cleansing process and how it helps the liver:

For details of how essiac can benefit a particular disease, illness, or condition click on the appropriate listing below. To Place an Order, Compare Pricing, or Check Out Packaging Options for Essiac Tea, Click Here.

Contact Daryl Toll Free @ 866-840-3389 with any questions. You can also send an email to [email protected]. Disclaimer:The statements regarding essiac tea have not been evaluated by the Food and Drug Administration. We cannot claim essiac is a cure, prevents disease or has beneficial medicinal properties. The information on this Web site or in emails is designed for educational purposes only. It is not intended to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or ilinesses. Consult your physician before starting any medical treatment. Contact Us Spromium-essiac-tea-less.com, 2006 All Rights Resorved. POWERED BY: SITE BUitno itt http://www. premium-essiac-tea-4less.com/Cure.html 2/14/2008 DARYL C. JENKS 709 Decision and Order DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violations of the Federal Trade Commission Act; and The respondent and counsel for the Commission having thereafter executed an Agreement Containing Consent Order containing an admission by the respondent of all the jurisdictional facts set forth in the draft complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true, and waivers and other provisions as required by the Commission’s Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent violated the said Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1. Respondent Daryl C. Jenks is a resident of Michigan. His principal office or place of business is at 4245 Sundance Meadows, Howell, Michigan 48843. Individually or in concert with others, he formulates, directs, or controls the policies, acts, or VOLUME 144 Decision and Order practices of the business operating under the trade name “Premium Essiac Tea 4less.”

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER DEFINITIONS For purposes of this Order, the following definitions shall apply:

1. “Competent and reliable scientific evidence” shall mean tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

2. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44. 3. “Food” and “drug” shall mean “food” and “drug” as defined in Section 15 of the FTC Act, 15 U.S.C. § 55. 4. “Essiac Product” shall mean any product for which the term “Essiac” or “Caisse” appears on the product label or on any advertising or promotion, and any product containing burdock root, sheep sorrel, and slippery elm bark herbs, alone or with other ingredients. 5. “Endorsement” shall mean any advertising message (including verbal statements, demonstrations, or depictions DARYL C. JENKS 711 Decision and Order of the name, signature, likeness or other identifying personal characteristics of an individual or the name or seal of an organization) which message consumers are likely to believe reflects the opinions, beliefs, findings or experience of a party other than the sponsoring advertiser. The party whose opinions, beliefs, findings or experience the message appears to reflect will be called the endorser and may be an individual, group or institution. 6. Unless otherwise specified “Respondent” shall mean Daryl C. Jenks, individually and doing business as Premium Essiac Tea 4less, and his agents, representatives and employees.

7. “Covered product or service” means any food, dietary supplement, or drug, including, but not limited to any Essiac Product; or any health-related product, service, or program.

I.

IT IS ORDERED that Respondent, directly or through any corporation, subsidiary, division, trade name, or other device, in connection with the advertising, promotion, offering for sale, or sale of any Essiac Product or any other covered product or service, in or affecting commerce, shall not represent, in any manner, expressly or by implication, including through the use of a product name or endorsement, that A. Such product or service is effective in the treatment, cure, or prevention of any disease or condition, or B. Such product or service is superior to other similar products or services, VOLUME 144 Decision and Order unless the representation is true, not misleading, and, at the time it is made, Respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. II.

IT IS FURTHER ORDERED that Respondent, directly or through any corporation, subsidiary, division, trade name, or other device, in connection with the advertising, promotion, offering for sale, or sale of any covered product or service, in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name or endorsement, about the absolute or comparative benefits, performance, efficacy, safety, or side effects of such covered product or service unless the claim is true, nonmisleading, and, at the time it is made, Respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation.

III.

IT IS FURTHER ORDERED that Respondent, directly or through any corporation, subsidiary, division, trade name, or other device, in connection with the advertising, promotion, offering for sale, or sale of any covered product or service, in or affecting commerce, shall not misrepresent, in any manner, expressly or by implication, including through the use of a product name or endorsement, the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research. IV.

IT IS FURTHER ORDERED that:

A. Nothing in this order shall prohibit Respondent from making any representation for any drug that is permitted in DARYL C. JENKS 713 Decision and Order labeling for such drug under any tentative final or final standard promulgated by the Food and Drug Administration, or under any new drug application approved by the Food and Drug Administration; and B. Nothing in this order shall prohibit Respondent from making any representation for any product that is specifically permitted in labeling for such product by regulations promulgated by the Food and Drug Administration pursuant to the Nutrition Labeling and Education Act of 1990.

V.

IT IS FURTHER ORDERED that Respondent shall: A. Within seven (7) days after service of the Order upon Respondent, deliver to the Commission a list, in the form of a sworn affidavit, of all consumers that can be identified from Respondent’s records who purchased an Essiac Product from Respondent on or after January 1, 2003. Such list shall include each consumer’s name and address, and, if available, the telephone number and email address of each consumer and the full purchase price, including shipping, handling, and taxes, of any Essiac Product purchased from Respondent.

B. Within thirty (30) days after service of the Order upon Respondent, send by first class mail, with postage prepaid, an exact copy of the notice attached hereto as Attachment A, showing the date of mailing, to each person who can be identified from Respondent’s records who purchased Respondent’s Essiac Product between January 1, 2003, and the date Respondent executed this Order. This mailing shall not include any other document.

VOLUME 144 Decision and Order C. Except as provided in this Order, Respondent, directly or through any corporation, subsidiary, division, trade name, or other device, shall not sell, rent, lease, transfer, or otherwise disclose the name, address, telephone number, credit card number, bank account number, email address, or other identifying information of any person who paid any money to Respondent, at any time prior to date this Order becomes final, in connection with the purchase of any Essiac Product. Provided, however, that Respondent may disclose such identifying information as required in Subpart A above, or to any law enforcement agency, or as required by any law, regulation, or court order. VI.

IT IS FURTHER ORDERED that Respondent shall, for five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon reasonable notice make available to the Federal Trade Commission for inspection and copying:

A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and C. All tests, reports, studies, surveys, demonstrations, or other evidence in their possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the representation, including complaints and other communications with consumers or with governmental or consumer protection organizations. DARYL C. JENKS 715 Decision and Order VII.

IT IS FURTHER ORDERED that Respondent shall deliver a copy of this order to all current and future principals, officers, directors, and other employees with managerial authority having responsibilities with respect to the subject matter of this order, and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Respondent shall deliver this order to current personnel within thirty (30) days after the date of service of this order, and to future personnel within thirty (30) days after the person assumes such position or responsibilities. VIII.

IT IS FURTHER ORDERED that Respondent, for a period of ten (10) years after the date of issuance of this order, shall notify the Commission of the discontinuance of his individual current business or employment, or of his individual affiliation with any new business or employment. The notice shall include Respondent’s new business address and telephone number and a description of the nature of the business or employment and his duties and responsibilities. All notices required by this Part and Part IX below shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.

IX.

IT IS FURTHER ORDERED that Respondent shall, within sixty (60) days after service of this order, and, upon reasonable notice, at such other times as the Federal Trade Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and form in which he has complied with this order.

VOLUME 144 Decision and Order X.

IT IS FURTHER ORDERED that this order will terminate on October 23, 2028, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of:

A. Any Part in this order that terminates in less than twenty (20) years;

B. This order’s application to any Respondent that is not named as a defendant in such complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided further, that if such complaint is dismissed or a federal court rules that the Respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal. By the Commission.

DARYL C. JENKS Decision and Order ATTACHMENT A ATTACHMENT A To AGREEMENT CONTAINING CONSENT ORDER LETTER TO CUSTOMERS (INCLUDING DISTRIBUTORS) WITH WHOM RESPONDENT HAS DONE BUSINESS PRIOR TO EXECUTING THIS ORDER +e eee [To be printed on letterhead of Premium Essiac Tea 4less] eee ee eee (Date) (Name and address of recipient] Dear [recipient’s name]:

Irecently entered into a settlement with the Federal Trade Commission (“FTC”) regarding advertising claims for Essiac Tea. This product was sold on the Premium-essiac-tea-4less website. The settlement with the FTC does not constitute an admission that I have violated the law. As part of the settlement, however, I agreed to send you the following information prepared by the FTC about the scientific evidence on these products. Very little scientific research has been done concerning Essiac tea as a treatment or cure for cancer or any other disease in humans. The scientific studies that have been done do not demonstrate that Essiac tea, or any of the ingredients in this product, is effective when used as a treatment for cancer or any other disease. It is very important that you talk to your doctor or health care provider before using any alternative or herbal product, including Essiac tea. Speaking with your doctor is important to make sure that all aspects of your medical treatment work together. Things that seem safe, such as certain foods, herbs, or pills, may interfere with or affect your cancer or other medical treatment, or other medicines you might be taking. Some herbs or other complementary or alternative treatments may keep your medicines from doing what they are supposed to do, or could be harmful when taken with other medicines or in high doses. It also is very important that you talk to your doctor or heaith care Page 7 of 8 VOLUME 144 Decision and Order 719 DARYL C. JENKS Analysis to Aid Public Comment ANALYSIS OF CONSENT ORDER TO AID PUBLIC COMMENT The Federal Trade Commission has accepted, subject to final approval, an agreement containing a consent order from Daryl C. Jenks, individually, and d/b/a Premium Essiac Tea 4less (“respondent”).

The proposed consent order has been placed on the public record for thirty (30) days for reception of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreement's proposed order.

This matter concerns the advertising and promotion of a product known as Premium Essiac Tea, a powder for making a tea beverage that, according to its label, contains: burdock root, rhubarb root, sheep sorrel, slippery elm, watercress, blessed thistle, red clover, and kelp. The Commission's complaint charges that respondent claimed that Premium Essiac Tea was effective to treat, prevent or cure cancer and other serious diseases. The complaint alleges that respondent did not have a reasonable basis for this claim. The complaint also charges that respondent claimed that Premium Essiac Tea was clinically proven to be superior to other types of essiac tea. The complaint alleges that this claim was false. The proposed consent order contains provisions designed to prevent respondent from engaging in similar acts and practices in the future.

Part I requires respondent to have competent and reliable scientific evidence substantiating any claim that any covered product or service is effective in the treatment, cure or prevention of any disease or condition, or is superior to other similar products or services. A “covered product or service” is defined as any food, dietary supplement or drug, including, but not limited to any VOLUME 144 Analysis to Aid Public Comment essiac tea product; or any health-related product, service or program. Part II requires that any future claim about the absolute or comparative benefits, performance, efficacy, safety or side effects of any covered product or service be truthful and supported by competent and reliable scientific evidence. Part III of the consent order prohibits the misrepresentation of the results of any test, study or research in connection with the advertising, promotion or sale of any covered product or service. Part IV of the proposed order provides that the order does not prohibit respondent from making representations for any drug that are permitted in labeling for the drug under any tentative or final Food and Drug Administration (“FDA”) standard or under any new drug application approved by the FDA; and representations for any product that are specifically permitted in labeling for that product by regulations issued by the FDA under the Nutrition Labeling and Education Act of 1990.

Part V.A. of the proposed order requires respondent to provide a list of all purchasers of Premium Essiac Tea to the Commission. Part V.B. requires respondent to mail to each purchaser a letter describing the scientific evidence related to essiac tea. Part V.C. prohibits respondent from providing any identifying information about his purchasers to anyone other than a law enforcement agency or as required by law.

Parts VI though IX of the proposed order require respondent to keep copies of relevant advertisements and materials that substantiate claims made in the advertisements; to provide copies of the order to certain of his employees; to notify the Commission of any changes in employment that might affect compliance obligations under the order; and to file compliance reports with the Commission. Part X provides that the order will terminate after twenty (20) years under certain circumstances. 721 DARYL C. JENKS Analysis to Aid Public Comment The purpose of this analysis is to facilitate public comment on the proposed order, and is not intended to constitute an official interpretation of the agreement and proposed order or to modify in any way their terms.

VOLUME 146 Complaint

← 146 F.T.C. 601 · 146 F.T.C. 722 →