John Matthew Dwyer Iii

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

VOLUME 158

Complaint

IN THE MATTER OF

JOHN MATTHEW DWYER III A/K/A MATTHEW DWYER

CONSENT ORDER, ETC. IN REGARD TO ALLEGED VIOLATIONS OF SECTIONS 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT

Docket No. C-4492; File No. 122 3287 Complaint, October 22, 2014 – Decision, October 22, 2014

This consent order addresses John Matthew Dwyer III’s advertising for HealthyLife Sciences, LLC’s Healthe Trim line of weight loss dietary supplements (“Healthe Trim”). The complaint alleges that Dwyer, a co-founder of HealthyLife Sciences, LLC, and former chief executive officer and spokesman for Healthe Trim, violated Sections 5(a) and 12 of the Federal Trade Commission Act by making false or unsubstantiated representations that Healthe Trim would cause rapid and substantial weight loss, including as much as 35, 130, and 165 pounds. The consent order bans Dwyer from manufacturing, marketing, or distributing any weight-loss product or program, or assisting others in any of the foregoing. The order also prohibits any representation about the health benefits, performance, or efficacy of any dietary supplement, food, or drug, unless it is non-misleading and supported by competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true.

Participants

For the Commission: Christine DeLorme and Elizabeth Nach.

For the Respondent: John Matthew Dwyer III, pro se.

COMPLAINT

The Federal Trade Commission, having reason to believe John Matthew Dwyer III, individually (“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 John Matthew Dwyer III, a/k/a Matthew Dwyer (“Dwyer”), is the co-founder of HealthyLife Sciences,

JOHN MATTHEW DWYER III 771

Complaint

LLC (“HealthyLife Sciences”). Until September 2011, Dwyer served as company CEO, and he also was a company co-owner until 2013. Individually or in concert with others, he participated in the policies, acts, or practices of the corporation, including the acts or practices alleged in this complaint. His principal office or place of business from 2009 to 2012 was that of the corporation, and his current principal office or place of business is in Atlanta, Georgia.

2. Beginning in 2009, Respondent participated in the advertising, offering for sale, sale, and distribution of the Healthle Trim line of weight-loss dietary supplements to consumers, including Healthle Trim Original Formula and Healthle Trim Powered by Raspberry Ketone (collectively, “the Healthle Trim Products”). These products are “foods” and/or “drugs,” 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.

Healthle Trim Weight-Loss Products

4. The Healthle Trim Products were sold primarily through HealthyLife Science’s website www.healthlytrim.com, and were also available in retail stores including CVS, GNC, and Walgreens. The price for a one-month supply of the Healthle Trim Products ranged from approximately $49.95 to $64.95.

5. Respondent participated in the dissemination of or caused to be disseminated advertising, packaging, and promotional materials for the Healthle Trim Products, including, but not necessarily limited to, the attached Exhibits A through E. These materials contain the following statements:

a. MATTHEW DWYER: Fall is here. So it’s time for your weight to start falling off. Healthle Trim is the answer to your weight loss struggles. It’s a natural supplement that actually works.

VOLUME 158

Complaint

Hi, it’s Matthew, founder of Healthe Trim, and we’ve sold over 1.5 million bottles. That should tell you right there that Healthe Trim works. Lose weight easily and quickly today . . . .

***

If you’ve tried diets, meal plans, clinics, meetings and nothing’s worked for you, it doesn’t surprise me. You got to give Healthe Trim a try.

Healthe Trim is so easy. Just a couple of capsules in the morning right when you wake up, drink water and go about your day. We guarantee it or your money back.

Make today the day you stop struggling with your weight and give Healthe Trim a try . . . .

(Exhibit A, 60-second radio ad).

b. MATTHEW DWYER: Are you ready for this? We’ve got something new for you. It’s Matthew, founder of Healthe Trim. We’ve now added Healthe Trim raspberry ketone to our unique proprietary blend of Healthe Trim.

It’s a breakthrough. It is awesome. I feel fantastic. Healthe Trim raspberry ketone will change your life. You’ll lose weight without dieting. You won’t believe how fast the fat will start burning off.

I guarantee it. 30-day, no questions asked money back guarantee. You will be as excited as I am with Healthe Trim, now powered by raspberry ketone. It burns the fat, suppresses your appetite, and will boost your energy. It’s natural, it’s safe and it is so easy. With our 30-day money back guarantee, you have nothing to lose but the weight. . . .

(Exhibit B, 60-second radio ad).

JOHN MATTHEW DWYER III 773

Complaint

c. ELVIS DURAN: Hi, it’s Elvis. You guys have heard about Healthe Trim and their excellent website HealthyTrim.com. Well, the founder of Healthe Trim and our weight loss expert is back with a 30-day money back guarantee. You have nothing to lose but the weight. Go to Healthytrim.com, start losing weight today. Healthytrim.com.

SKEERY JONES: How’s it going? It’s Skeery Jones. A lot of people have been asking me over the past year about this all-natural supplement I’ve been taking, which has allowed me to lose a whole bunch of weight and still eat the foods I like when I want them. It’s called Healthe Trim at HealthyTrim.com.

Well, I figured to clear a whole lot of rumors up and to answer everyone’s question [sic], we’d bring in Matthew Dwyer, the founder of Healthe Trim.

Good morning, Matthew.

MATTHEW DWYER: Skeery, how are you, buddy?

SKEERY JONES: The past year has just been amazing for me.

MATTHEW DWYER: Yeah, see, listen, here’s the thing. Healthe Trim’s not a diet, you know. It’s just an all-natural supplement that you take in the morning and it works. It’s not a lifestyle change, and I think that’s why we’re having so much success with it, because research shows that 95 percent of diets fail because you have to give up the foods that you love. So, you end up gaining the weight back. And that’s not the case with Healthe Trim.

SKEERY JONES: Right.

MATTHEW DWYER: Listen, I was a guy that was just desperately trying to lose the weight. So, I started trying all different dietary supplements and they all gave me the crazy jittery feeling until I stumbled upon

VOLUME 158

Complaint

Healthe Trim. I lost five pounds the first week; I lost 16 pounds in three weeks; I lost 47 pounds in 100 days.

SKEERY JONES: Oh, my God.

MATTHEW DWYER: It’s not important what we weigh, Skeery, but it’s the visceral fat around our organs, the belly fat, that causes all the health issues.

SKEERY JONES: And, you know, when I started taking Healthe Trim, I realized I was given more energy in the morning when I started taking the Healthe Trim. And then, throughout the day, the energy was sustained. I can eat what I want, but I don’t find myself as hungry as I used to be.

MATTHEW DWYER: I think it’s important to know there’s 17 all-natural ingredients. I couldn’t do the meal plans, I couldn’t do the shake plans. What I can do is I can wake up in the morning, take two allnatural supplements, drink water and go about my day. I’m now a 32-inch waist. After three years, I haven’t gained a pound back. I feel great. I don’t have the crazy jittery feeling.

Dr. Oz does specials all the time about how over twothirds of the supplements out there are scams because they don’t have authentic hoodia in here. Hoodia is the cactus plant that the Africans used to live off way back in the day to go five or six days to hunt their prey without food. We have authentic hoodia in Healthe Trim.

SKEERY JONES: And I know that because I’ve checked your website and I’ve looked into it and you guys have the documents to back it up, that this is the real deal hoodia.

MATTHEW DWYER: And by no means is Dr. Oz endorsing Healthe Trim, but he says that all 17

JOHN MATTHEW DWYER III 775

Complaint

ingredients in Healthe Trim are not only safe, they’re very, very healthy for you.

SKEERY JONES: What about this Resveratrol I’ve been reading about?

MATTHEW DWYER: Yeah, Resveratrol is the grape red wine extract, okay? I encourage your listeners to Google the Harvard study on Resveratrol. There’s just so many anti-aging benefits and healthy benefits to Resveratrol. Listen, everything that’s in one capsule of Healthe Trim, it’s just 17 fruits and vegetables. You get great energy from the green tea. There’s 175 milligrams from green tea in one capsule, which is equivalent to about a 16-ounce Dunkin Donuts or Starbucks cup of coffee.

SKEERY JONES: Mm-hmm.

MATTHEW DWYER: Do I know that Healthe Trim is the best all-natural supplement in the world? No, I do not. But here’s what I do know, Healthe Trim absolutely works and we have a 30-day no questions asked money back guarantee…

(Exhibit C, radio ad).

d. Healthe Trim GET HIGH SCHOOL SKINNY!

[…]

A REVOLUTIONARY THERMO-ENERGY BOOSTER LOSE WEIGHT! FEEL GREAT! Our powerful diet supplements are made of only the finest natural ingredients available. They are formulated to provide energy boosts, surpass[sic] cravings and burn fat. Most importantly, they’re EASY to add to your day – just take two in the morning!

VOLUME 158

Complaint

[...]

Real People, Incredible Results!

[...]

Emily York Phoenix, AZ

Lost 137 pounds!

My name is Emily. I’m a twenty-nine-year-old mother of three. After my first daughter, I gained 60 pounds in a year and learned I had thyroid disease, a condition that not only meant I would gain weight it also meant it would be difficult to lose weight. As the years went by, pounds piled on, and as I tried all the diet plans and pills and shakes with no success, my frustration grew.

Then I heard about healthé trim on the radio and the DJ had thyroid disease like me! I decided it would be my last try and if this didn’t work maybe I was meant to stay that way. September 13, 2009, the day after my 29th birthday, I started healthé trim and I have since lost 121 pounds! I lost 19 pounds the first week and felt amazing. I have the energy to exercise that I didn't have before and there were no side effects with my thyroid meds.

Thanks to healthé trim I am high school skinny again. I have myself back, my husband has his wife back, and my kids have the mom they deserve! Thank you healthé trim!!

* The weight loss experienced by these individuals actually occurred. We do not have many facts about the circumstances about how this weight loss was achieved, other than the consuming of HealthéTrim, for either us or you to conclude that this should be a generally expected outcome from the use of HealthéTrim. We encourage a reasonable exercise and healthy diet as an important part of your weight loss

JOHN MATTHEW DWYER III

Complaint

and maintenance program. A clinical study of 60 participants in 2009 reflected an average weight loss of 2.43 pounds in 30 days when those individuals took HealtheTrim exclusive of a diet and exercise program.

[…]

**How to Lose Weight Fast**

[…]

**Natural Weight Loss Supplements**

There are a lot of *weight loss supplements* out there, but not all of them are effective at producing real results. Healthé Trim is clinically proven to help you lose weight. Our *weight loss supplement* is made from natural ingredients that curb your appetite, boost energy, and increase your metabolism for *rapid weight* *loss*.

Fad diets that promise fast results may be dangerous to your health if they require you to consume too few calories. Healthé Trim lets you continue eating the food you enjoy in smaller portions while giving you extra energy for a more active lifestyle. Our natural weight loss supplement has everything your body needs to achieve *quick* weight loss and better overall health.

[…]

**Fat Burner**

People who want to lose body fat without sacrificing muscle need an effective *fat burner* as part of their *weight loss* strategy. Healthe Trim has developed a successful weight loss trio consisting of appetite suppressants, metabolism boosters and *fat burners* which work together to keep you healthy and help you burn fat without losing muscle.

VOLUME 158

Complaint

**Burning Fat and Preserving Muscle**

Muscles keep us healthy and strong; they can also help both men and women feel more attractive and confident. We use them every day for a number of different tasks, so it is important to ensure they are not diminished by dieting. When trying out a new diet or *weight loss plan*, it is easy to neglect the nutrients you need to preserve your muscles. Fortunately, Healthe Trim provides a safe and natural solution for losing body fat while minimizing the loss of muscle.

**Healthe Trim’s Successful Weight Loss Trio**

**Appetite Suppressants**

A major ingredient in Healthe Trim is *Hoodia gordonii*. This supplement acts as an appetite suppressant, keeping you focused and reducing the temptation to overeat. The combination of hoodia and our fat burner can result in losing up to 50 pounds by simply adding our *weight loss pill* to your diet.

**Metabolism Boosters**

Healthe Trim gives your body a metabolism boost which causes an increased amount of calories to be burned more quickly. Less food plus a faster metabolism means your body eats away at the fat reserves in order to keep going at its normal pace, resulting in a slimmer you.

**Fat Burners**

Healthe Trim includes a fat burner ingredient that targets stores of fat without weakening your muscles. Our balance of natural ingredients will ensure that your body uses stored fat reserves as fuel rather than preventing your muscles from getting the nutrition they need to stay strong and continue building.

JOHN MATTHEW DWYER III 779

Complaint

Muscles burn more energy than other parts of the body, so losing muscle mass actually slows down your overall metabolism. Maintaining or building muscle is an important part of any weight loss plan. To ensure minimal muscle loss, you need a weight loss supplement to manage the energy that fuels your muscles. Healthe Trim’s winning combination of fat burners, appetite suppressants and metabolism boosters will allow you to meet your weight loss goals using time-tested, all natural ingredients.

(Exhibit D, Healthytrim.com website).

e. […]

DR. WENDY WALSH: …But it all begins with one man, who’s worked tirelessly to help hundreds of thousands of people lose millions of pounds. He desperately wanted to lose weight himself, but nothing he tried worked. Then he discovered the formula for Healthe Trim and it changed his life forever.

I’m happy to introduce Mr. Matthew Dwyer! Hi, Matthew.

MATTHEW DWYER: Hey, how are you? Thanks so much for having me.

DR. WENDY WALSH: People are losing weight. Matthew, I need to know what’s going on.

MATTHEW DWYER: Hundreds of thousands of people have lost millions of pounds on Healthe Trim and they’re keeping it off because Healthe Trim is just so darn easy.

DR. WENDY WALSH: Why do they stick to Healthe Trim?

MATTHEW DWYER: Because all you do is wake up in the morning, take two natural supplements, drink

VOLUME 158

Complaint

water and go about your day, and it is just that simple. You’ll be less hungry and you’ll be less tired.

[On Screen Depiction: Before and after photos of Matthew Dwyer, labeled “Lost 47 pounds”] You’ll have great energy. It will motivate you to move around. It will curb your cravings and you’ll lose the weight easy and naturally.

[…]

DR. WENDY WALSH: I’d like to introduce now Ann Hudson. Ann is a popular radio disc jockey and TV host in Austin, Texas. Welcome, Ann.

[On Screen Depiction: “Before” photo of Ann labeled “189 pounds” – subscript, “Lost 54 pounds”]

[…]

ANN HUDSON: Everyone around the office when I came back from maternity leave was taking Healthe Trim. It was all the rage. And I was like, what the heck is this? What’s going on? When I started taking it, I felt better. I had a lot more energy. I wanted to do stuff. And after six weeks, the weight just started falling off. It was like five pounds, six pounds, eight pounds. It was a huge transition.

DR. WENDY WALSH: How much did you lose total?

ANN HUDSON: Fifty-four.

DR. WENDY WALSH: Fifty-four pounds.

ANN HUDSON: Yeah.

MATTHEW DWYER: So, you went from a 12 in a dress to a two in a dress.

ANN HUDSON: Now I’m a 2.

JOHN MATTHEW DWYER III

Complaint

MATTHEW DWYER: In five months, six months?

ANN HUDSON: Yes.

DR. WENDY WALSH: Five sizes, five months!

[…]

DR. WENDY WALSH: Welcome back. Well, everybody’s talking about Healthe Trim and I’m finally beginning to understand why. It’s quite simple. It’s because Healthe Trim works. There’s no extreme dieting, no extreme exercising, no costly meal delivery programs. Just two capsules in the morning and Healthe Trim goes right to work, making you feel less hungry while simultaneously giving you an alert, focused energy. So, you burn more calories than you take in. The result, you lose weight naturally.

MATTHEW DWYER: Most people are out there like me. They’re stressed. Jobs, kids, it’s difficult to eat a well-balanced meal and it’s difficult to watch what you’re eating and exercise all the time on a regular basis. It’s not very difficult, though, to wake up in the morning, take two natural supplements, drink water and go about your day.

[…]

DR. WENDY WALSH: You’ve seen and heard great stories about real people just like you who have lost 10 to 20, 40 to 60, even 100 pounds or more with the number one natural weight loss supplement, Healthe Trim. Isn’t it finally time for you to take control with Healthe Trim?. . . Just take two capsules a day and you’re on your way to a better, healthier, happier life….

(Exhibit E, Healthe Trim infomercial).

VOLUME 158

Complaint

Count I False or Unsubstantiated Efficacy Claims for the Health Trim Products

6. In connection with the advertising, promotion, offering for sale, or sale of the Health Trim Products, Respondent has represented, directly or indirectly, expressly or by implication, that:

a. The Health Trim Products cause substantial weight loss, including as much as 35, 50, 130, and 165 pounds;

b. The Health Trim Products cause rapid weight loss, including as much as 19 pounds in the first week, 47 pounds in 100 days, and 54 pounds in five months;

c. The Health Trim Products cause weight loss without the need to diet, give up any foods, or make any changes in lifestyle;

d. The Health Trim Products burn fat and cause fat loss;

e. The Health Trim Products boost metabolism; and

f. The Health Trim Products suppress appetite.

7. The representations set forth in Paragraph 6 are false or misleading, or were not substantiated at the time the representations were made.

Count II False Establishment Claims for the Health Trim Products

8. In connection with the advertising, promotion, offering for sale, or sale of the Health Trim Products, Respondent has represented, directly or indirectly, expressly or by implication, that scientific studies prove that the Health Trim Products cause weight loss.

9. In fact, scientific studies do not prove that the Health Trim Products cause weight loss. Among other reasons, two

JOHN MATTHEW DWYER III 783

Complaint

clinical trials showed no statistically significant differences in weight loss between the test groups taking Healthe Trim Original Formula and test groups taking a placebo. Therefore, the representation set forth in Paragraph 8 is false or misleading.

Violations of Sections 5 and 12

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 twentysecond day of October, 2014, has issued this Complaint against Respondent.

By the Commission.

VOLUME 158

Complaint

Exhibit A

EXHIBIT A

1 OFFICIAL TRANSCRIPT PROCEEDING 2 FEDERAL TRADE COMMISSION 6 MATTER NO. 1223287 8 TITLE HEALTHY LIFE SCIENCES, LCC 10 DATE RECORDED: SEPTEMBER 28, 2012 11 TRANSCRIBED: MARCH 18, 2014 13 PAGES 1 THROUGH 5 19 EXHIBIT A - HEALTHY TRIM MATTHEW 60 FALL IS HERE 2995 30 20 DAYS 092812 - PROMO CODE MONSTERS

VOLUME 158

Complaint

FEDERAL TRADE COMMISSION

3 In the Matter of: ) 4 ) Matter No. 1223287 5 Healthy Life Sciences, LLC ) 6 -------------------------------------) 7 September 28, 2012 12 The following transcript was produced from a 13 digital recording provided to For The Record, Inc. on 14 March 11, 2014.

JOHN MATTHEW DWYER III

Complaint

P R O C E E D I N G S - - - - -

EXHIBIT A - HEALTHY TRIM MATTHEW 60 FALL IS HERE 2995

30 DAYS 092812 - PROMO CODE MONSTERS

MATTHEW: Fall is here. So it's time for your weight to start falling off. Healthe Trim is the answer to your weight loss struggles. It's a natural supplement that actually works.

Hi, it's Matthew, founder of Healthe Trim, and we've sold over 1.5 million bottles. That should tell you right there that Healthe Trim works. Lose weight easily and quickly today with our limited time offer of $29.95 for a 30-day supply. That's a 50 percent savings.

If you've tried diets, meal plans, clinics, meetings and nothing's worked for you, it doesn't surprise me. You got to give Healthe Trim a try.

Healthe Trim is so easy. Just a couple of capsules in the morning right when you wake up, drink water and go about your day. We guarantee it or your money back.

Make today the day you stop struggling with your weight and give Healthe Trim a try with our amazing $29.95 offer for a 30-day supply. Go to HealthyTrim.com and enter promo code "monsters."

(The commercial was concluded.)

VOLUME 158

Complaint

1 CERTIFICATION OF TYPIST 3 MATTER NUMBER: 1223257 4 CASE TITLE: HEALTHY LIFE SCIENCES, LLC 5 TAPING DATE: SEPTEMBER 28, 2012 6 TRANSCRIPTION DATE: MARCH 18, 2014 8 I HEREBY CERTIFY that the transcript contained 9 herein is a full and accurate transcript of the tapes 10 transcribed by me on the above cause before the FEDERAL 11 TRADE COMMISSION to the best of my knowledge and belief. 13 DATED: MARCH 18, 2014 16 ELIZABETH M. FARRELL 18 CERTIFICATION OF PROOFREADER 20 I HEREBY CERTIFY that I proofread the transcript for 21 accuracy in spelling, hyphenation, punctuation and 22 format.

25 SARA J. VANCE

JOHN MATTHEW DWYER III

Complaint

Exhibit B

EXHIBIT B

OFFICIAL TRANSCRIPT PROCEEDING FEDERAL TRADE COMMISSION MATTER NO. 122 3287 TITLE HEALTHY LIFE SCIENCES, LCC DATE RECORDED: OCTOBER 8, 2012 TRANSCRIBED: MARCH 18, 2014 PAGES 1 THROUGH 5 EXHIBIT B - HEALTHY TRIM MATTHEW 60 BREAKTHROUGH BUY 1 GET 1 100612

VOLUME 158 Complaint P R O C E E D I N G S - - - - - EXHIBIT B - HEALTHY TRIM MATTHEW 60 BREAKTHROUGH BUY 1 GET 1 100512 MATTHEW: Are you ready for this? We've got something new for you. It's Matthew, founder of Healthe Trim. We've now added Healthe Trim raspberry ketone to our unique proprietary blend of Healthe Trim. It's a breakthrough. It is awesome. I feel fantastic. Healthe Trim raspberry ketone will change your life. You'll lose weight without dieting. You won't believe how fast the fat will start burning off. I guarantee it. 30-day, no questions asked money back guarantee. You will be as excited as I am with Healthe Trim, now powered by raspberry ketone. It burns the fat, suppresses your appetite, and will boost your energy. It's natural, it's safe and it is so easy. With our 30-day money back guarantee, you have nothing to lose but the weight.

Go to HealthyTrim.com/rk and take advantage of our limited time offer of buy one, get one free. Supplies are limited, so buy now at HealthyTrim.com/rk. (The commercial was concluded.)

JOHN MATTHEW DWYER III 793

Complaint

1 C E R T I F I C A T I O N O F T Y P I S T 3 MATTER NUMBER: 1223287 4 CASE TITLE: HEALTHY LIFE SCIENCES, LLC 5 TAPING DATE: OCTOBER 5, 2012 6 TRANSCRIPTION DATE: MARCH 18, 2014 8 I HEREBY CERTIFY that the transcript contained 9 herein is a full and accurate transcript of the tapes 10 transcribed by me on the above cause before the FEDERAL 11 TRADE COMMISSION to the best of my knowledge and belief. 13 DATED: MARCH 18, 2014 16 ELIZABETH M. FARRELL 18 C E R T I F I C A T I O N O F P R O O F R E A D E R 20 I HEREBY CERTIFY that I proofread the transcript for 21 accuracy in spelling, hyphenation, punctuation and 22 format.

25 SARA J. VANCE

VOLUME 158

Complaint

Exhibit C

EXHIBIT C

1 OFFICIAL TRANSCRIPT PROCEEDING 2 FEDERAL TRADE COMMISSION 6 MATTER NO. 1223287 8 TITLE HEALTHY LIFE SCIENCES, LLC 10 DATE RECORDED: JANUARY 24 11 TRANSCRIBED: MARCH 18, 2014 13 PAGES 1 THROUGH 9 19 EXHIBIT C - WHIZ HEALTHYTRIM ELVIS AND MATTHEW 1-24

VOLUME 158

Complaint

1 FEDERAL TRADE COMMISSION 3 In the Matter of: ) 4 ) Matter No. 122 3287 5 Healthy Life Sciences, LLC ) 6 ---------------------------) 7 January 24 12 The following transcript was produced from a 13 digital recording provided to For The Record, Inc. on 14 March 11, 2014.

JOHN MATTHEW DWYER III

Complaint

P R O C E E D I N G S - - - - - EXHIBIT C – WHTZ HEALTHYTRIM ELVIS AND MATTHEW 1-24 ELVIS: Hi, it's Elvis. You guys have heard about Healthe Trim and their excellent website HealthyTrim.com. Well, the founder of Healthe Trim and our weight loss expert is back with a 30-day money back guarantee. You have nothing to lose but the weight. Go to HealthyTrim.com, start losing weight today. HealthyTrim.com.

SKEERY JONES: How's it going? It's Skeery Jones. A lot of people have been asking me over the past year about this all-natural supplement I've been taking, which has allowed me to lose a whole bunch of weight and still eat the foods I like when I want them. It's called Healthe Trim at HealthyTrim.com.

Well, I figured to clear a whole lot of rumors up and to answer everyone's question, we'd bring in Matthew Dwyer, the founder of Healthe Trim. Good morning, Matthew.

MATTHEW DWYER: Skeery, how are you, buddy? SKEERY JONES: The past year has just been amazing for me.

MATTHEW DWYER: Yeah, see, listen, here's the thing. Healthe Trim's not a diet, you know. It's just

VOLUME 158

Complaint

1 an all-natural supplement that you take in the morning 2 and it works. It's not a lifestyle change, and I think 3 that's why we're having so much success with it, because 4 research shows that 95 percent of diets fail because you 5 have to give up the foods that you love. So, you end up 6 gaining the weight back. And that's not the case with 7 Healthe Trim.

8 SHEERY JONES: Right.

9 MATTHEW DWYER: Listen, I was a guy that was 10 just desperately trying to lose the weight. So, I 11 started trying all different dietary supplements and they 12 all gave me the crazy jittery feeling until I stumbled 13 upon Healthe Trim. I lost five pounds the first week; I 14 lost 16 pounds in three weeks; I lost 47 pounds in 100 15 days.

16 SHEERY JONES: Oh, my God.

17 MATTHEW DWYER: It's not important what we 18 weigh, Sheery, but it's the visceral fat around our 19 organs, the belly fat, that causes all the health issues. 20 SHEERY JONES: And, you know, when I started 21 taking Healthe Trim, I realised I was given more energy 22 in the morning when I started taking the Healthe Trim. 23 And then, throughout the day, the energy was sustained. 24 I can eat what I want, but I don't find myself as hungry 25 as I used to be.

JOHN MATTHEW DWYER III

Complaint

1 MATTHEW DWYER: I think it's important to know 2 there's 17 all-natural ingredients. I couldn't do the 3 meal plans, I couldn't do the shake plans. What I can do 4 is I can wake up in the morning, take two all-natural 5 supplements, drink water and go about my day. I'm now a 6 32-inch waist. After three years, I haven't gained a 7 pound back. I feel great. I don't have the crazy 8 jittery feeling.

9 Dr. Oz does specials all the time about how 10 over two-thirds of the supplements out there are scams 11 because they don't have authentic hoodia in here. Hoodia 12 is the cactus plant that the Africans used to live off 13 way back in the day to go five or six days to hunt their 14 prey without food. We have authentic hoodia in Healthe 15 Trim.

16 SKEERY JONES: And I know that because I've 17 checked your website and I've looked into it and you guys 18 have the documents to back it up, that this is the real 19 deal hoodia.

20 MATTHEW DWYER: And by no means is Dr. Oz 21 endorsing Healthe Trim, but he says that all 17 22 ingredients in Healthe Trim are not only safe, they're 23 very, very healthy for you. 24 SKEERY JONES: What about this Resveratrol I've 25 been reading about?

VOLUME 158

Complaint

1 MATTHEW DWYER: Yeah, Resveratrol is the grape 2 red wine extract, okay? I encourage your listeners to 3 Google the Harvard study on Resveratrol. There's just so 4 many anti-aging benefits and healthy benefits to 5 Resveratrol. Listen, everything that's in one capsule of 6 Healthe Trim, it's just 17 fruits and vegetables. You 7 get great energy from the green tea. There's 175 8 milligrams from green tea in one capsule, which is 9 equivalent to about a 16-ounce Dunkin Donuts or Starbucks 10 cup of coffee.

11 SKEERY JONES: Mm-hmm.

12 MATTHEW DWYER: Do I know that Healthe Trim is 13 the best all-natural supplement in the world? No, I do 14 not. But here's what I do know, Healthe Trim absolutely 15 works and we have a 30-day no questions asked money back 16 guarantee.

17 SKEERY JONES: So, what's the phone number? 18 How can people get their hands on some Healthe Trim? 19 MATTHEW DWYER: It's 800-456-TRIM. That's 800- 20 456-8746 or HealthyTrim.com.

21 SKEERY JONES: So, HealthyTrim.com. And what's 22 that number again? 23 MATTHEW DWYER: 800-456-TRIM. That's 800-456- 24 8746 or HealthyTrim.com.

25 SKEERY JONES: Matthew, the phone lines are

VOLUME 158

Complaint

1 C E R T I F I C A T I O N O F T Y P I S T

3 MATTER NUMBER: 122 3287

4 CASE TITLE: HEALTHY LIFE SCIENCES, LLC

5 TAPING DATE: JANUARY 24

6 TRANSCRIPTION DATE: MARCH 18, 2014

8 I HEREBY CERTIFY that the transcript contained

9 herein is a full and accurate transcript of the tapes

10 transcribed by me on the above cause before the FEDERAL

11 TRADE COMMISSION to the best of my knowledge and belief.

13 DATED: MARCH 18, 2014

16 ELIZABETH M. FARRELL

18 C E R T I F I C A T I O N O F P R O O F R E A D E R

20 I HEREBY CERTIFY that I proofread the transcript for

21 accuracy in spelling, hyphenation, punctuation and

22 format.

25 SARA J. VANCE

JOHN MATTHEW DWYER III

Complaint

Exhibit D

Health Trim | Natural Weight Loss Supplement EXHIBIT D

health trim GET HIGH SCHOOL SKINNY! Customer Service | 30 Day Guarantee | Free Coaching

Original Formula | Raspberry Ketone | Garcinia Cambogia | Testimonials | FAQs | Reviews | Blog

A REVOLUTIONARY THERMO-ENERGY BOOSTER LOSE WEIGHT! FEEL GREAT! Our powerful diet supplements are made of only the finest natural ingredients available. They are formulated to provide energy boosts, suppress cravings and burn fat. Most importantly, they're EASY to add to your day - just take two in the morning!

health trim GET HIGH SCHOOL SKINNY! 100% NATURAL 30 DAY MONEY BACK GUARANTEE AS SEEN ON TV OVER 1 MILLION SOLD BUY NOW

Products That Fit Your Lifestyle When we released Health Trim 4 years ago, the positive reaction that we got from folks across the country told us that we were on the right track - providing high quality dietary supplements.

We know we've changed people's lives, we have hundreds of testimonials from people that have lost weight. Since then, we've sold over 1 million bottles of Health Trim. Every customer we've ever sold had a 30 day money back guarantee.

You have nothing to lose but the weight.

Christine Pullara "I lost 21 lbs. after my baby!"

LIMITED SUPPLY! health trim GARCINIA CAMBOGIA BUY NOW

SAVE BIG! DEAL OF THE DAY! SEE TODAY'S DEAL!

FAT BURNER! health trim RASPBERRY KETONE BUY NOW

http://www.healthytrim.com/[5/19/2013 9:30:02 AM]

VOLUME 158

Complaint

Healthe Trim | Natural Weight Loss Supplement EXHIBIT D

Real People, Incredible Results!

Alicia Hanner Gilbert, AZ Since mid-summer I'd begun to pay closer attention to some July & Rich to a about the trim. They used about supplies. I decided to was lose. I was over 210 lbs. and I am only 5'7". I knew I needed change before it started affecting my health. I had to lose some weight-primarily belly weight from having twins in '04. Read More

Victoria Russell Southborough, MA My weight loss goal was to lose about 15-20 lbs and I ended up losing 30 lbs in 4 months and a total of 35 lbs. In the past I have been slightly overweight but I always had trouble shedding a little extra weight that I wasn't happy with. Since I've been taking Healthe Trim and lost the weight I am just more comfortable and confident with my body. Read More

Emily York Phoenix, AZ My name is Emily. I'm a twenty-nine-year-old mother of three. After my first daughter, I gained 60 pounds. It was a year and a half before I discovered a diet that worked. I lost the weight gain weight it also meant it would be difficult to lose weight. As the years went by, pounds piled on, and as I tried all the diet plans and pills and shakes with no success. Read More

*The weight loss experienced by these individuals actually occurred. We do not have many facts about the circumstances about how this weight loss was achieved, other than the testimonial of Healthe Trim. We do not advise or urge you to conclude that this specific weight loss will occur. The average weight loss in our study was 20.5 pounds in 10 weeks. These results may not be typical. Your results will vary. The success of this product depends on your starting weight and exercise program.

Healthe Trim Uses Natural Ingredients

healthe trim - ORIGINAL FORMULA

Authentic Hoodia Gordonii Hoodia is a genus of 13 species in the flowering plant family Apocynaceae, under the subfamily Asclepiadoideae. They are stem succulents. read more.

Green Tea Leaf Extract Green tea is the most widely consumed beverage in the world. It is made solely with the leaves of Camellia sinensis that have undergone minimal oxidation during processing. Green tea... read more.

Garcinia Cambogia Garcinia Cambogia is a natural form of Hydroxycitric Acid (HCA) which can inhibit Citrate Lyase (an enzyme in cells) Citrate Lyase... read more.

Authentic Resveratrol Resveratrol is a phytoalexin produced by grape vines and red wines. This nutrient is working to boost... read more.

Caralluma Fimbriata Caralluma fimbriata is an edible plant in the cactus family. It has been eaten in rural India for centuries, raw, as a vegetable with... read more.

Coix Seed Coixseed (also known as Job's Tears) is a tall grain-bearing tropical plant of the family Poaceae (grass family) native to East Asia and... read more.

http://www.healthytrim.com/[6/19/2013 9:39:02 AM]

JOHN MATTHEW DWYER III

Complaint

Health Trim | Testimonial - Emily York Lost 137 pounds! EXHIBIT D

health trim GET HIGH SCHOOL SKINNY! Customer Service | 30 Day Guarantee | Free Coaching

Original Formula Raspberry Ketone Garcinia Cambogia Testimonials FAQs Reviews Blog

Emily York Phoenix, AZ

Lost 137 pounds!

My name is Emily. I'm a twenty-nine-year-old mother of three. After my first daughter, I gained 50 pounds in a year and a half. I had thyroid disease, a condition that not only meant I would gain weight if I also meant it would be difficult to lose weight. As the years went by, pounds piled on, and as I tried all the fad diets, pills and shakes with no success, my frustration grew.

Then I heard about health trim on the radio and the DJ had thyroid disease like me! I decided it would be my last try and if it didn't work maybe I was meant to stay that way. September 13, 2009, the day after my 28th birthday, I started health trim and I have since lost 121 pounds! I lost 19 pounds the first week and felt amazing! I have the energy to exercise that I didn't have before and there were no side effects with my thyroid meds.

Thanks to health trim I am high school skinny again. I have my self back, my husband has his wife back, and my kids have the mom they deserve! Thank you health trim!

* The weight loss experienced by these individuals actually occurred. We do not have many success stories like this. Most people who use our products lose 3-5 pounds the first week and continue to lose 1-2 pounds per week thereafter. These results are not typical. The average person loses 3-5 pounds the first week and 1-2 pounds per week thereafter. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. Results not typical. The average person loses 3-5 pounds the first week and 1-2 pounds per week thereafter. These results are not typical. The average person loses 3-5 pounds the first week and 1-2 pounds per week thereafter.

BEFORE

AFTER

ORIGINAL FORMULA health trim ORIGINAL FORMULA LEARN MORE

RASPBERRY KETONE health trim RASPBERRY KETONE LEARN MORE

GREEN COFFEE BEAN health trim GREEN COFFEE BEAN LEARN MORE

http://www.healthytrim.com/testimonials/emily-york#/19/2013 9:32:44 AM

VOLUME 158

Complaint

Lose Weight Fast With Health Trim EXHIBIT D

health trim GET HIGH SCHOOL SKINNY! Customer Service | 30 Day Guarantee | Free Coaching

Original Formula Raspberry Ketone Garcinia Cambogia Testimonials FAQs Reviews Blog

How to Lose Weight Fast

Fad diets like the HCG diet or the 17 Day Diet are largely popular due to their promise of fast results. These results are caused by a dramatic reduction in calorie intake and are often temporary, since you return to a normal calorie count, the weight will come right back. Health Trim focuses on sustainable lifestyle changes rather than metabolic shock treatment, allowing you to achieve permanent natural weight loss more quickly and easily than you could have imagined.

Here are some more important tips for losing weight fast:

Eat Healthy Foods

Starch and carbon rich foods cause your body to retain fluids, and fried foods are high in unnecessary calories. A diet rich in fruits, vegetables and lean meats will get you started in developing smart eating habits that will keep your figure trim and your body healthy.

Drink Lots of Water

Exercising improves energy, helps you sleep, burns calories, and builds muscle mass. It even boosts your metabolism, helping you to lose weight more quickly. A balance of dieting and exercise is healthier than dieting alone, and can also help you to lose more altogether.

Natural Weight Loss Supplements

There are a lot of weight loss supplements out there, but not all of them are effective at producing real results. Health Trim is clinically proven to help you lose weight. Our weight loss supplement is made from natural ingredients that curb your appetite, boost energy, and increase your metabolism for rapid weight loss.

Fad diets that promise fast results may be dangerous to your health if they require you to consume too few calories. Health Trim lets you continue eating the food you enjoy in smaller portions while giving you extra energy for a more active lifestyle. Our natural weight loss supplement has everything your body needs to achieve quick weight loss and better overall health.

ORIGINAL FORMULA

health trim BLUE GREEN ALGAE LEARN MORE

RASPBERRY KETONE

health trim RASPBERRY KETONE LEARN MORE

GREEN COFFEE BEAN

health trim GREEN COFFEE BEAN LEARN MORE

http://www.healthtrim.com/articles/lose-weight-fast/9/13/2013 9:32:36 AM

JOHN MATTHEW DWYER III

Complaint

Fat Burner EXHIBIT D

health trim GET HIGH SCHOOL SKINNY! Customer Service | 30 Day Guarantee | Free Coaching

Original Formula | Raspberry Ketone | Garcinia Cambogia | Testimonials | FAQs | Reviews | Blog

Fat Burner

People who want to lose body fat without sacrificing muscle need an effective fat burner as part of their weight loss strategy. Health Trim has developed a successful weight loss trio consisting of appetite suppressants, metabolism boosters and fat burners which work together to keep you healthy and help you burn fat without losing muscle.

Burning Fat and Preserving Muscle

Muscles keep us healthy and strong, they can also help both men and women feel more attractive and confident. We use them every day for a number of different tasks, so it is important to ensure they are not diminished by dieting. When trying out a new diet or weight loss plan, it is easy to neglect the nutrients you need to preserve your muscles. Fortunately, Health Trim provides a safe and natural solution for losing body fat while minimizing the loss of muscle.

Healthe Trim's Successful Weight Loss Trio

Appetite Suppressants

A major ingredient in Health Trim is Hoodia Gordonii. This supplement acts as an appetite suppressant, keeping you focused and reducing the temptation to overeat. The combination of hoodia and our fat burner can result in losing up to 50 pounds by simply adding our weight loss pill to your diet.

Metabolism Boosters

Health Trim gives your body a metabolism boost which causes an increased amount of calories to be burned more quickly. Less food also means faster metabolism because your body eats away at the fat reserves in order to keep going at its normal pace, resulting in a slimmer you.

Fat Burners

Health Trim includes a fat burner ingredient that targets stores of fat without weakening your muscles. Our balance of natural ingredients will ensure that your body uses stored fat reserves as fuel rather than preventing your muscles from getting the nutrients they need.

Muscles burn more energy than other parts of the body, so losing muscle mass actually slows down your overall metabolism. Maintaining or building muscle is an important part of any weight loss plan. To ensure minimal muscle loss, you need a weight loss supplement to manage the energy that fuels your muscles. Health Trim's winning combination of fat burners, appetite suppressants, and metabolism boosters will allow you to meet your weight loss goals using time-tested, all natural ingredients.

ORIGINAL FORMULA health trim LEARN MORE

RASPBERRY KETONE health trim LEARN MORE

GREEN COFFEE BEAN health trim LEARN MORE

http://www.healthytrim.com/articles/fat-burner[6/9/2013 9:31:42 AM]

VOLUME 158

Complaint

Exhibit E

EXHIBIT E

OFFICIAL TRANSCRIPT PROCEEDING

FEDERAL TRADE COMMISSION

MATTER NO. 122 3287

TITLE HEALTHY LIFE SCIENCES, LLC

DATE RECORDED: JUNE 24, 2012 TRANSCRIBED: FEBRUARY 24, 2014 REVISED: MARCH 19, 2014

PAGES 1 THROUGH 49

HEALTHE TRIM VIDEO

VOLUME 158

Complaint

1 FEDERAL TRADE COMMISSION 3 In the Matter of: ) 4 ) Matter No. 1223287 5 Healthy Life Sciences, LLC ) 6 ----------------------------------------------) 12 The following transcript was produced from a 13 digital recording provided to For The Record, Inc. on 14 February 3, 2014.

JOHN MATTHEW DWYER III

Complaint

P R O C E E D I N G S - - - - - HEALTHE TRIM VIDEO ON SCREEN: The following is a paid program for Healthe Trim.

Sponsored by HealthyLife Sciences, LLC. ON SCREEN: Dr. Wendy Walsh, PhD Healthe Trim DR. WENDY WALSH: The effects on your health of being overweight can be overwhelming and dangerous, both physically and mentally, coronary heart disease, cancer, high blood pressure, depression, anxiety. We eat too much and don't exercise enough. Plain and simply, we've lost control of the part of our brain that tells us when we're full.

ON SCREEN: How Mario helped me LOSE 30 LBS. IN 5 MONTHS How did this mother of 3 Get High School Skinny! Healthe Trim DR. WENDY WALSH: I've heard about a fastacting natural supplement that's helping people just like you take back control and lose weight. ON SCREEN: LOST 307 35 54 50 127

VOLUME 158

Complaint

1 User Group average weight loss 10.92 lbs in 30 2 days 3 DR. WENDY WALSH: In the next half-hour, you'll 4 hear truly amazing stories of weight loss that are 5 breathtaking.

6 ON SCREEN: Dr. Wendy Walsh, PhD 7 Healthe Trim 8 DR. WENDY WALSH: People like you have started 9 new lives. They're so proud and joyful and their story 10 can be your story.

11 But it all begins with one man, who's worked 12 tirelessly to help hundreds of thousands of people lose 13 millions of pounds. He desperately wanted to lose weight 14 himself, but nothing he tried worked. Then he discovered 15 the formula for Healthe Trim and it changed his life 16 forever.

17 I'm happy to introduce Mr. Matthew Dwyer. Hi, 18 Matthew.

19 MATTHEW DWYER: Hey, how are you? Thanks so 20 much for having me.

21 DR. WENDY WALSH: People are losing weight. 22 Matthew, I need to know what's going on. 23 MATTHEW DWYER: Hundreds of thousands of people 24 have lost millions of pounds on Healthe Trim and they're 25 keeping it off because Healthe Trim is just so darn easy.

JOHN MATTHEW DWYER III

Complaint

DR. WENDY WALSH: Why do they stick to Healthe Trim? ON SCREEN: Diet and exercise are necessary to lose weight MATTHEW DWYER: Because all you do is wake up in the morning, take two natural supplements, drink water and go about your day, and it is just that simple. You'll be less hungry and you'll be less tired. ON SCREEN: Before and After photos Lost 47 Pounds Matthew Healthe Trim MATTHEW DWYER: You'll have great energy. It will motivate you to move around. It will curve your cravings and you'll lose the weight easy and naturally. DR. WENDY WALSH: So, it actually makes you want to move more? MATTHEW DWYER: It really does. It makes you want to move more.

ON SCREEN: Before 189 Pounds Lost 54 Pounds User Group average weight loss 10.92 lbs in 30 days Healthe Trim DR. WENDY WALSH: I'd like to introduce now Ann

VOLUME 158

Complaint

1 Hudson. Ann is a popular radio disk jockey and TV host 2 in Austin, Texas. Welcome, Ann. 3 ANN HUDSON: Yes. Thank you. 4 DR. WENDY WALSH: I also understand you're a 5 really busy mom of two.

6 ANN HUDSON: Yes, two boys. Two boys. 7 DR. WENDY WALSH: That's exhausting. So, DJs 8 are jaded, they're skeptics. They hear about stuff all 9 the time.

10 ANN HUDSON: Well, yeah, because most of the 11 time, it's crap.

12 MATTHEW DWYER: I was skeptical, too. I tried 13 42 dietary supplements before Health Trim changed my 14 life. They all failed me. But I'll tell you what, don't 15 take it from me. Just listen to all these people that 16 have lost massive amounts of weight. 17 ANN HUDSON: Everyone around the office when I 18 came back from maternity leave was taking Health Trim. 19 It was all the rage. And I was like, what the heck is 20 this? What's going on? When I started taking it, I felt 21 better. I had a lot more energy. I wanted to do stuff. 22 And after six weeks, the weight just started falling off. 23 It was like five pounds, six pounds, eight pounds. It 24 was a huge transition.

25 DR. WENDY WALSH: How much did you lose total?

JOHN MATTHEW DWYER III

Complaint

ANN HUDSON: Fifty-four.

DR. WENDY WALSH: Fifty-four pounds. ANN HUDSON: Yeah.

MATTHEW DWYER: So, you went from a 12 in a dress to a two in a dress.

ANN HUDSON: Now I'm a 2.

MATTHEW DWYER: In five months, six months? ANN HUDSON: Yes.

DR. WENDY WALSH: Five sizes, five months. ANN HUDSON: The moral of the story really is, if you stick with it, you're going to lose the weight. And that's what I always tell people. And I have people calling me all the time at the radio station talking about their weight loss because it -- it's going to happen for you. Stick with it.

ON SCREEN: FREE TRIAL 30 DAY $9.95 Shipping and Processing LOST 35 POUNDS Victoria Lost 54 Pounds Ann Lost 127 Pounds Debbie Lost 130 Pounds

VOLUME 158

Complaint

1 Ben

2 Lost 165 Pounds

3 Jay

4 Satisfaction Guarantee 100%

5 Your results may vary.

6 1-800-576-6399

7 TRYHEALTHETRIM.COM

8 Healthe Trim

9 MATTHEW DWYER: I want you to lose the weight.

10 I want you to live a better, healthier lifestyle, and

11 that's why I'm here. I know Healthe Trim will work for

12 you because it's worked for me and hundreds of thousands

13 of others. You'll start to see and feel a difference in

14 just seven days. I guarantee it.

15 ON SCREEN: Before 247 Pounds

16 Lost 127 Pounds

17 User Group average weight loss 10.92 lbs in 30

18 days

19 Healthe Trim

20 DR. WENDY WALSH: Right now, we're going to

21 meet another one of Healthe Trim's amazing success

22 stories. Now, she's a really busy mother of four who

23 once thought that weight loss was completely out of the

24 question until Healthe Trim. I want to welcome Debbie

25 White to our show.

JOHN MATTHEW DWYER III 817

Complaint

1 How much did you lose? 2 DEBBIE WHITE: I’ve lost 127 pounds in 13 3 months.

4 DR. WENDY WALSH: 127 pounds. 5 DEBBIE WHITE: Yes, ma’am. 6 MATTHEW DWYER: Thirteen months. How long ago 7 was that? 8 DR. WENDY WALSH: You lost half yourself. 9 DEBBIE WHITE: I did.

10 DR. WENDY WALSH: When did you start to gain 11 weight? 12 DEBBIE WHITE: I gained -- started gaining 13 weight when they removed my thyroid. 14 DR. WENDY WALSH: So, you had a health issue. 15 MATTHEW DWYER: She was thin all her life until 16 the age of 33.

17 DR. WENDY WALSH: How was it affecting your 18 marriage? 19 DEBBIE WHITE: It got very complicated. My -- 20 it’s kind of like our, well, sex life stopped. 21 DR. WENDY WALSH: Mmm.

22 DEBBIE WHITE: I wouldn’t let him see me naked 23 at all. I’d literally tell him, turn off the light, get 24 in bed. And then I’d get in bed and I’d just have all 25 these pajamas on because I just -- I didn’t want him

VOLUME 158

Complaint

1 touching me. I just felt so gross. 2 DR. WENDY WALSH: Did you worry your husband 3 was going to leave you? 4 DEBBIE WHITE: I thought, well, you know, if 5 he's getting it, you know, somewhere else, I hope he's 6 happy. I wanted to die. I really -- I just wanted to 7 die. I know that that sounds so selfish about me 8 because, you know, oh, well, it's just weight. I even 9 went into the bathroom one day when they were gone and I 10 filled the tub with water, lit some candles and some 11 music, and I just sat there and I cried and I cried and I 12 cried and I had a bottle of pills with me. And then my 13 phone rang and it was my daughter and I just -- I just 14 threw them away. I just -- she saved me. 15 DR. WENDY WALSH: Oh. I'm so glad that phone 16 call came.

17 DEBBIE WHITE: So am I.

18 DR. WENDY WALSH: And I'm so glad you're here 19 today, because today you have a new story to tell, don't 20 you? 21 DEBBIE WHITE: Yes, I do.

22 DR. WENDY WALSH: So, you spent $30,000 on 23 products.

24 DEBBIE WHITE: Yes.

25 DR. WENDY WALSH: You had completely given up.

JOHN MATTHEW DWYER III

Complaint

1 DEBBIE WHITE: Yeah. 2 DR. WENDY WALSH: It was done for you. 3 DEBBIE WHITE: Yes. 4 DR. WENDY WALSH: How did you hear about 5 Health Trim? 6 DEBBIE WHITE: You know, people were like, this 7 works, you've got to try this, Debbie, you've just got to 8 try it. I'm like, don't even go there with me, don't, 9 you have no idea. And I tried it and in the first week, 10 I lost five pounds. I kept losing weight. 11 DR. WENDY WALSH: And this is only days and 12 weeks after beginning.

13 DEBBIE WHITE: Like a month because I had lost 14 ten pounds in a month.

15 DR. WENDY WALSH: Wow. 16 DEBBIE WHITE: Yeah. 17 DR. WENDY WALSH: So, did this inspire you to 18 keep going? 19 DEBBIE WHITE: Oh, yeah. Oh, yeah. I was 20 like, okay, give me the bottle. 21 DR. WENDY WALSH: Right. 22 DEBBIE WHITE: I need more. 23 MATTHEW DWYER: Well, you didn't take more. 24 DEBBIE WHITE: No, I didn't. I just wanted to 25 make sure I didn't run out.

VOLUME 158

Complaint

1 DR. WENDY WALSH: That's right. So, Debbie, 2 you have lost 127 pounds in 13 months. How do you keep 3 the weight off? 4 DEBBIE WHITE: I take Health Trim, two 5 capsules every morning, and it's easy as that. 6 DR. WENDY WALSH: So, it's easy for you? 7 DEBBIE WHITE: It's very easy for me. 8 DR. WENDY WALSH: Are you feeling deprived? 9 DEBBIE WHITE: No, not at all.

10 DR. WENDY WALSH: Not at all? 11 DEBBIE WHITE: No, I can eat whatever I want. 12 And I just -- I don't sit there and go, oh no, I can't 13 have that, I wish I could. No, I get to order it and I 14 get to eat it and then I take the rest home. 15 DR. WENDY WALSH: How's it going with the hubby 16 now? 17 DEBBIE WHITE: I feel so much more in love with 18 him. I mean, it just -- 19 DR. WENDY WALSH: He's courting you. 20 DEBBIE WHITE: He is, and I'm feeling it and I 21 am loving it.

22 DR. WENDY WALSH: Things rocking? 23 DEBBIE WHITE: Things are rocking. I keep the 24 lights on.

25 MATTHEW DWYER: Oh, gees.

JOHN MATTHEW DWYER III

Complaint

1 DEBBIE WHITE: I even want to Victoria's Secret 2 and got some sexy stuff.

3 DR. WENDY WALSH: Whoo, whoo. She's shopping 4 at Victoria's Secret. You know what that means. 5 DEBBIE WHITE: My honey's a keeper. He was 6 always there to support me and he's not going anywhere. 7 Not now.

8 DR. WENDY WALSH: Now he's getting satisfied, 9 not the Health Trim satisfied. Actually, that is what 10 the Health Trim satisfaction is, isn't it? 11 MATTHEW DWYER: Yep, pretty much it is. 12 DR. WENDY WALSH: Everyone benefits. 13 DEBBIE WHITE: Everyone. And many times over. 14 MATTHEW DWYER: Oh, gosh. 15 DR. WENDY WALSH: Matthew's like, I don't know 16 what I've started here. I want to see it. Stand up 17 there and give me a little twirl, would you? Look at 18 that. And you're in like a size four jean there? 19 DEBBIE WHITE: Two. 20 DR. WENDY WALSH: Size two skinny jean. You 21 hear that? Don't tell me, those were your shorts. 22 DEBBIE WHITE: These were my shorts 14 months 23 ago.

24 DR. WENDY WALSH: You could make a skirt out of 25 one leg.

VOLUME 158

Complaint

1 DEBBIE WHITE: I know, I could, huh. 2 DR. WENDY WALSH: You could make a great little 3 pencil skirt there.

4 MATTHEW DWYER: Fourteen months? 5 DEBBIE WHITE: Yeah, 14 months ago. 6 DR. WENDY WALSH: That's amazing. All because 7 of Health Trim.

8 DEBBIE WHITE: I'm 47 years old and I feel like 9 a hot mama and I cannot wait to be that hot grandma, 10 seriously.

11 DR. WENDY WALSH: Oooh.

12 DEBBIE WHITE: Because I'm going to keep this 13 figure. I'm keeping it for the rest of my days. 14 MATTHEW DWYER: Health Trim works and it's 15 easy. That's the beautiful thing. 16 ON SCREEN: Before and After photos 17 Lost 47 Pounds 18 Diet and exercise are necessary to lose 19 weight.

20 Matthew 21 Health Trim 22 MATTHEW DWYER: And it's no lifestyle change. 23 You don't have to change your lifestyle. You can still 24 do whatever you want and still eat the foods that you 25 love.

JOHN MATTHEW DWYER III

Complaint

ON SCREEN: Before 147 Pounds

Lost 127 Pounds

Healthe Trim

MATTHEW DWYER: You're just going to eat less

portions and feel content and feel happy pushing that

plate away.

ON SCREEN: Based on advertising dollars 2010-

2011 on Clear Channel

Healthe Trim

DR. WENDY WALSH: You know, Healthe Trim is the

number one natural weight loss supplement and for good

reason. It works. People from every walk of life have

taken control of their weight and lost 10 to 20, 40 to

60, even 100 pounds and more, and the best part is they

did it without dieting and without depriving themselves

of the foods they love.

Isn't it time you joined them?

ON SCREEN: Dr. Wendy Walsh, PhD

Health Trim

DR. WENDY WALSH: Stay tuned to find out how

you can get Healthe Trim delivered right to your door

through a special limited time introductory offer.

ON SCREEN: Dr. Wendy Walsh, PhD

You are watching a paid advertisement for

Healthe Trim, brought to you by HealthyLife Sciences,

824 \t FEDERAL TRADE COMMISSION DECISIONS VOLUME 158

Complaint

1 \t LLC.

2 \t Health Trim 3 \t DR. WENDY WALSH: Take control of your health 4 \t and your weight today with Healthe Trim. 5 \t ON SCREEN: WEIGHT LOSS PROGRAM (STOP) 6 \t GYM MEMBERSHIP (STOP) 7 \t EXTREME EXERCISE (STOP) 8 \t 1-800-576-6399 9 \t Satisfaction Guarantee 100% 10 \t TRYHEALTHETRIM.COM 11 \t Healthe Trim 12 \t DR. WENDY WALSH: You know you can pay hundreds 13 \t of dollars a month for weight loss programs, gym 14 \t memberships and extreme exercise routines -- 15 \t ON SCREEN: FREE TRIAL 30 DAY 16 \t CALL NOW 17 \t Satisfaction Guarantee 100% 18 \t 1-800-576-6399 19 \t TRYHEALTHETRIM.COM 20 \t DR. WENDY WALSH: -- but if you call the number 21 \t on your screen or go online to TryHealtheTrim.com today, 22 \t you won't pay $100, you won't pay $75 or $50 or even $30, 23 \t because your first month of Healthe Trim is only $9.95. 24 \t ON SCREEN: FREE TRIAL 30 DAY 25 \t $9.95

JOHN MATTHEW DWYER III

Complaint

Shipping & Processing CALL NOW Satisfaction Guarantee 100% 1-800-576-6399 TRYHEALTHETRIM.COM DR. WENDY WALSH: You heard me right. Call or go online now and your first month of Healthe Trim is only $9.95. And to make sure you're getting results fast, you'll get two lifestyle guides, Everyday Meals and Everyday Fitness, both for free.

MATTHEW DWYER: Plus, to get you maximum results with Healthe Trim, I'm also going to include for free access to our Healthe Trim weight loss coaching program. Our coaches are there to answer your questions, to give you tips and make sure you lose the weight you want and they'll do it for free.

DR. WENDY WALSH: To really jumpstart your weight loss, you'll get a 30-day supply of the amazing detox formula, Healthy Cleanse, and that's free, too. ON SCREEN: FREE TRIAL 30 DAY $9.95 Shipping and Processing LOST 35 POUNDS Victoria Lost 54 Pounds

VOLUME 158

Complaint

1 Ann

2 Lost 127 Pounds

3 Debbie

4 Lost 130 Pounds

5 Ben

6 Lost 168 Pounds

7 Jay

8 Satisfaction Guarantee 100%

9 Your results may vary.

10 1-800-576-6399

11 TRYHEALTHETRIM.COM

12 Healthe Trim

13 MATTHEW DWYER: Healthe Trim works. It's so

14 easy. It's natural. You'll feel great. You'll lose

15 weight that first week. Healthe Trim will change your

16 life, I guarantee it.

17 DR. WENDY WALSH: Try Healthe Trim for 30 days.

18 If you don't lose weight, if you aren't 100 percent

19 satisfied, just send it back and keep the meal plan and

20 fitness guide as a gift. It is that easy.

21 ON SCREEN: FREE TRIAL 30 DAY

22 $9.95

23 Shipping and Processing

24 Satisfaction Guarantee 100%

25 Your results may vary.

JOHN MATTHEW DWYER III 827

Complaint

1 1-800-576-6399 2 TRYHEALTHETRIM.COM 3 Healthe Trim 4 ANNOUNCER: It’s never too late to lose the 5 weight. Pick up the phone and get fit and slim with 6 Healthe Trim. Call 1-800-576-6399. That’s 1-800-576- 7 6399. Or go online to TryHealtheTrim.com. 8 DR. WENDY WALSH: Welcome back. I’m here with 9 Healthe Trim founder, Matthew Dwyer, and we’re talking 10 about the number one weight loss supplement in the 11 country, Healthe Trim. There have been so many 12 supplements on the market that all promise these kinds of 13 early results and great results. But why is it that 14 Healthe Trim works when all these other ones have failed? 15 MATTHEW DWYER: Ninety-five percent of all 16 diets fail because you have to give up the foods that you 17 love and people end up gaining the weight back. That’s 18 not the case with Healthe Trim. You can still eat the 19 foods that you love; you’re just going to eat less 20 portions and feel content and feel happy and you won’t 21 feel like you’re depriving yourself of anything. 22 ON SCREEN: Before and After photos 23 Lost 47 Pounds 24 Matthew 25 Healthe Trim

VOLUME 158

Complaint

MATTHEW DWYER: When people first start taking Healthe Trim, they're going to be less hungry and they're going to have this alert, focused energy and they're going to start losing weight the first week. And probably what's going to happen is after three weeks of taking Healthe Trim, they're going to be so happy because they're going to be out buying a smaller dress. DR. WENDY WALSH: Wow.

MATTHEW DWYER: Yes.

DR. WENDY WALSH: That's really exciting. MATTHEW DWYER: I know it, because I get emails about that every week.

ON SCREEN: Before 165 Pounds Lost 35 Pounds User Group average weight loss 10.92 lbs in 30 days Healthe Trim DR. WENDY WALSH: Right now, we're going to hear from Victoria Russell. Now, Victoria, you were a college lacrosse player.

VICTORIA RUSSELL: Yeah.

DR. WENDY WALSH: But after you graduated, something changed. What happened? VICTORIA RUSSELL: I was sitting at an office desk all day, you know, so my lifestyle really changed.

JOHN MATTHEW DWYER III

Complaint

1 And I was still eating pretty much the same amount as I 2 was eating when I was working out four or five hours a 3 day.

4 DR. WENDY WALSH: Whoa, that's a problem. 5 VICTORIA RUSSELL: And I ended up gaining about 6 30 pounds the first year after I graduated. 7 DR. WENDY WALSH: So, how did you hear about 8 Healthe Trim? 9 VICTORIA RUSSELL: It was amazing. The first 10 week I lost probably about seven pounds, so -- 11 DR. WENDY WALSH: Seven pounds in the first 12 week? 13 VICTORIA RUSSELL: Yeah, mm-hmm. I mean, I'm 14 all about instant gratification. So, that was great for 15 me. I was like, if I'm going to lose this weight, you 16 know, in a week, then I got to keep going. 17 DR. WENDY WALSH: You lost a total of how many 18 pounds? 19 VICTORIA RUSSELL: Thirty-five pounds. 20 DR. WENDY WALSH: Wow.

21 VICTORIA RUSSELL: Yeah.

22 DR. WENDY WALSH: Congratulations. You have 23 another issue in that your mom loves to cook, right? 24 VICTORIA RUSSELL: Oh, yes. Sunday family 25 dinner at my house is chicken parm with as much cheese as

VOLUME 158

Complaint

1 you can possibly think of, homemade pizza. We have pasta 2 with gravy, not sauce, Italian gravy. 3 DR. WENDY WALSH: And during that year when you 4 were packing on those pounds, were you chowing down on 5 this? 6 VICTORIA RUSSELL: Oh, absolutely. I mean, my 7 mom's whole theory is if you clean your plate, it means 8 you want more. So, she'd put more on it. 9 MATTHEW DWYER: So, what about Sunday nights 10 now? 11 VICTORIA RUSSELL: Well, Sunday nights now, you 12 know, she'll fill my plate and I'll probably eat about 13 half of what I normally would have eaten. 14 DR. WENDY WALSH: And you don't feel hungry? 15 VICTORIA RUSSELL: No. Well, that's the thing. 16 I mean, my mom sits there and she kind of gives me crap 17 about it, but I'm like, okay, I'm not going to force 18 myself to eat anymore.

19 DR. WENDY WALSH: So, it just naturally helped 20 you feel fuller? 21 VICTORIA RUSSELL: What ended up happening 22 after I started taking HealthTrim was that I realised, 23 okay, I ate this much and I'm full. So, I wasn't really 24 giving up anything that I really liked eating, but I was 25 just eating everything in smaller portions.

JOHN MATTHEW DWYER III 831

Complaint

1 MATTHEW DWYER: It’s the proprietary blend of 2 natural ingredients in Healthe Trim that makes you feel 3 full faster, and that’s the beautiful thing about Healthe 4 Trim. She can still eat what she wants. She can still 5 eat her pastas, but she’s not going to eat the whole 6 plate. She’s going to eat less portions and feel content 7 and feel full faster. 8 DR. WENDY WALSH: Tell me about your energy 9 level. Are you back to exercising? 10 VICTORIA RUSSELL: Yeah, absolutely. I mean, 11 the first year in the workforce, it was a complete change 12 for me, you know. I would come home drained and 13 everything, didn’t want to work out at all. Now, you 14 know, I take Healthe Trim before I go home and then I go 15 for a run and I feel great afterwards. It’s awesome. 16 ON SCREEN: FREE TRIAL 30 DAY 17 $9.95 18 Shipping and Processing 19 LOST 35 POUNDS 20 Victoria 21 Lost 54 Pounds 22 Ann 23 Lost 127 Pounds 24 Debbie 25 Lost 130 Pounds

VOLUME 158

Complaint

1 Ben 2 Lost 165 Pounds 3 Jay 4 Satisfaction Guarantee 100% 5 Your results may vary.

6 1-800-576-6399 7 TRYHEALTHETRIM.COM 8 Healthe Trim 9 MATTHEW DWYER: You need to lose weight. You 10 need to feel better about yourself and you need to do 11 something today. How do I know? Because I was just like 12 you four years ago. Healthe Trim worked for me. It 13 changed my life and I know it will work for you. 14 ON SCREEN: Before 400 Pounds 15 Lost 130 Pounds 16 User Group average weight loss 10.92 lbs in 30 17 days 18 Healthe Trim 19 DR. WENDY WALSH: I want to introduce a pair of 20 friends who've had some incredible results with Healthe 21 Trim, Megan Gail Moore and Ben Ernest (phonetic). So, 22 how much weight have you lost in what amount of time? 23 BEN ERNEST: 130 pounds in just about 12 24 months.

25 DR. WENDY WALSH: Whoa, wow, 130 pounds.

JOHN MATTHEW DWYER III

Complaint

ON SCREEN: Before 180 Pounds Lost 50 Pounds Healthe Trim DR. WENDY WALSH: You saw him after a period of time of not seeing him and what happened? MEGAN GAIL MOORE: Yeah, it was about six months since I had seen Ben. And I was trying to lose weight myself, ran into Ben, had dinner and went, oh, my God, what are you doing? Please tell me whatever it is, I will do as long as it didn't cost you thousands of dollars.

DR. WENDY WALSH: So, how much weight did you lose? MEGAN GAIL MOORE: Fifty pounds.

DR. WENDY WALSH: Wow, 50 pounds. Had you tried other forms of weight loss before? MEGAN GAIL MOORE: I joined clubs, I joined gyms, I read books, I took every supplement on the shelf of the drugstore that you go in from, you know, the $5 bottle behind the counter to the one they have locked up. None of them worked. You know, working out two hours a day, like there's no way that you can do it when you're working and raising a kid.

DR. WENDY WALSH: How easy was Healthe Trim? MEGAN GAIL MOORE: It's like drinking water.

VOLUME 158

Complaint

1 DR. WENDY WALSH: That's pretty easy. 2 BEN ERNEST: It's that easy, yeah. 3 MEGAN GAIL MOORE: It really is. 4 MATTHEW DWYER: That's why I quit my job to go 5 spread the word because it is just that easy. If it 6 could work on me, I knew it could work on anybody. And 7 they're living proof. And this makes me so proud. 8 ON SCREEN: Before 400 Pounds 9 Lost 130 Pounds 10 Health Trim 11 DR. WENDY WALSH: Now, when you first started 12 taking Health Trim, what did you experience? 13 BEN ERNEST: At 400 pounds -- that was my 14 heaviest was 400 pounds, and the energy level is so low, 15 you know, it just takes so much effort to get kind of 16 anything going and the very first day I took it, it was 17 that instant kind of feeling of, okay, I'm alive now, I 18 can attack the world and really -- and kind of take on 19 the day. I probably lost 40 pounds in two months -- 20 MATTHEW DWYER: Wow. 21 BEN ERNEST: -- with doing nothing different. 22 With really just paying attention to what my body was 23 telling me. And without going to the gym five days a 24 week for five hours a day and eating like a bird. You 25 know, I'm a big guy, still a big guy. I like food, I

JOHN MATTHEW DWYER III 835

Complaint

1 like -- 2 MATTHEW DWYER: Drinking, too. 3 BEN ERNEST: -- life. 4 MATTHEW DWYER: Healthe Trim makes you feel 5 full faster.

6 DR. WENDY WALSH: I want to see this beautiful 7 body. Stand up, young man. 130 pounds gone. 8 MATTHEW DWYER: Nice work. 9 DR. WENDY WALSH: Oh, my. 10 BEN ERNEST: And this is a size 50. This is 11 just in-your-face visual proof of how much success I've 12 had with Healthe Trim.

13 Megan, how much do you weigh? 14 MEGAN GAIL MOORE: 130 pounds. 15 BEN ERNEST: Okay, I've lost 130 pounds. 16 DR. WENDY WALSH: He's carried around 130 17 pounds for years.

18 BEN ERNEST: So, for six years, I gained about 19 130 pounds. I carried it for four years. And in my job, 20 I would carry all of this -- all of my beautiful friend, 21 Megan, and bags of concrete, shovels, ladders. It made 22 my life very, very, very difficult. 23 DR. WENDY WALSH: And has your dramatic weight 24 loss inspired anybody? 25 ON SCREEN: Before 180 Pounds

VOLUME 158

Complaint

1 Lost 50 Pounds 2 Healthe Trim 3 MEGAN GAIL MOORE: Yes. As a matter of fact, 4 my boyfriend just started taking it. 5 DR. WENDY WALSH: Has he seen any weight loss 6 yet? 7 MEGAN GAIL MOORE: Yeah, seven pounds in a 8 week.

9 DR. WENDY WALSH: Seven pounds.

10 MATTHEW DWYER: Seven pounds in one week, 11 that's great.

12 MEGAN GAIL MOORE: Yeah.

13 DR. WENDY WALSH: Seven pounds in a week. 14 BEN ERNEST: That's great.

15 MEGAN GAIL MOORE: I'm a little jealous, I'm 16 not going to lie. Seven pounds in a week. 17 DR. WENDY WALSH: How much weight did you lose? 18 ON SCREEN: Before 400 Pounds 19 Before and After photos 20 Lost 47 Pounds 21 Matthew 22 Lost 130 Pounds 23 Healthe Trim 24 MATTHEW DWYER: I lost 47 pounds and 100 25 (inaudible) and it's been four years and three months and

JOHN MATTHEW DWYER III

Complaint

1 I haven't gained a pound back.

2 DR. WENDY WALSH: Ben, how much did you lose? 3 ON SCREEN: Before 400 Pounds 4 Lost 130 Pounds 5 Healthe Trim 6 BEN ERNEST: I lost 130 pounds in just about 12 7 months actually.

8 DR. WENDY WALSH: That's amazing. How much did 9 you lose, Megan? 10 MEGAN GAIL MOORE: Fifty pounds. 11 DR. WENDY WALSH: So, this is the kind of 12 movement that's sweeping across America. It starts with 13 DJs and listeners to radio stations hearing Matthew and 14 then they try it out. They inspire the people around 15 them like with you.

16 MATTHEW DWYER: And now everybody is clamoring, 17 where can I get Healthe Trim? 18 ON SCREEN: Dr. Wendy Walsh, PhD 19 Healthe Trim 20 DR. WENDY WALSH: If you're ready to take 21 control, if you're ready to lose the weight that's 22 keeping you from living a healthy, happy life, then 23 you're ready for Healthe Trim. Just two capsules a day 24 are all it takes to get you started on the road to a 25 whole new you. So, whether you need to lose 10 to 20, 40

VOLUME 158

Complaint

1 to 60 or 100 pounds or more, now you can and without 2 depriving yourself of the foods you love. 3 DR. WENDY WALSH: Stay tuned to find out how 4 you can get started with Healthe Trim today. 5 ON SCREEN: Dr. Wendy Walsh, PhD 6 You are watching a paid advertisement for 7 Healthe Trim, brought to you by HealthyLife Sciences, 8 LLC.

9 Health Trim 10 ON SCREEN: WEIGHT LOSS PROGRAM (STOP) 11 GYM MEMBERSHIP (STOP) 12 EXTREME EXERCISE (STOP) 13 1-800-576-6399 14 Satisfaction Guarantee 100% 15 TRYHEALTHETRIM.COM 16 Healthe Trim 17 DR. WENDY WALSH: You know you can pay hundreds 18 of dollars a month for weight loss programs, gym 19 memberships and extreme exercise routines -- 20 ON SCREEN: FREE TRIAL 30 DAY 21 CALL NOW 22 Satisfaction Guarantee 100% 23 1-800-576-6399 24 TRYHEALTHETRIM.COM 25 DR. WENDY WALSH: -- but if you call the number

JOHN MATTHEW DWYER III

Complaint

1 on your screen or go online to TryHealtheTrim.com today, 2 you won't pay $100, you won't pay $75 or $50 or even $30, 3 because your first month of Healthe Trim is only $9.95. 4 ON SCREEN: FREE TRIAL 30 DAY 5 $9.95 6 Shipping & Processing 7 CALL NOW 8 Satisfaction Guarantee 100% 9 1-800-576-6359 10 TRYHEALTHETRIM.COM 11 DR. WENDY WALSH: You heard me right. Call or 12 go online now and your first month of Healthe Trim is 13 only $9.95. And to make sure you're getting results 14 fast, you'll get two lifestyle guides, Everyday Meals and 15 Everyday Fitness, both for free. 16 MATTHEW DWYER: Plus, to get you maximum 17 results with Healthe Trim, I'm also going to include for 18 free access to our Healthe Trim weight loss coaching 19 program. Our coaches are there to answer your questions, 20 to give you tips and make sure you lose the weight you 21 want and they'll do it for free. 22 DR. WENDY WALSH: To really jumpstart your 23 weight loss, you'll get a 30-day supply of the amazing 24 detox formula, Healthy Cleanse, and that's free, too. 25 ON SCREEN: FREE TRIAL 30 DAY

VOLUME 158 Complaint

$9.95 Shipping and Processing LOST 35 POUNDS Victoria Lost 54 Pounds Ann Lost 127 Pounds Debbie Lost 130 Pounds Ben Lost 165 Pounds Jay Satisfaction Guarantee 100% Your results may vary.

1-800-576-6389 TRYHEALTHETRIM.COM Healthe Trim MATTHEW DWYER: Healthe Trim works. It's so easy. It's natural. You'll feel great. You'll lose weight that first week. Healthe Trim will change your life, I guarantee it.

DR. WENDY WALSH: Try Healthe Trim for 30 days. If you don't lose weight, if you aren't 100 percent satisfied, just send it back and keep the meal plan and fitness guide as a gift. It is that easy.

JOHN MATTHEW DWYER III

Complaint

ON SCREEN: FREE TRIAL 30 DAY $9.95 Shipping and Processing Satisfaction Guarantee 100% Your results may vary.

1-800-576-6399 TRYHEALTHETRIM.COM Healthe Trim ANNOUNCER: It’s never too late to lose the weight. Pick up the phone and get fit and slim with Healthe Trim. Call 1-800-576-6399. That’s 1-800-576- 6399. Or go online to TryHealtheTrim.com. DR. WENDY WALSH: Welcome back. Well, everybody’s talking about Healthe Trim and I’m finally beginning to understand why. It’s quite simple. It’s because Healthe Trim works. There’s no extreme dieting, no extreme exercising, no costly meal delivery programs. Just two capsules in the morning and Healthe Trim goes right to work -- ON SCREEN: Diet and exercise are necessary to lose weight Healthe Trim DR. WENDY WALSH: -- making you feel less hungry while simultaneously giving you an alert, focused energy. So, you burn more calories than you take in.

VOLUME 158

Complaint

1 The result, you lose weight naturally.

2 MATTHEW DWYER: Most people are out there like

3 me. They're stressed. Jobs, kids, it's difficult to eat

4 a well-balanced meal and it's difficult to watch what

5 you're eating and exercise all the time on a regular

6 basis.

7 ON SCREEN: Before and After photos

8 Lost 47 Pounds

9 Matthew

10 Healthe Trim

11 MATTHEW DWYER: It's not very difficult,

12 though, to wake up in the morning, take two natural

13 supplements, drink water and go about your day.

14 DR. WENDY WALSH: Let me ask you, how safe is

15 Healthe Trim?

16 MATTHEW DWYER: It's extremely safe, and let me

17 tell you why. We've done over 50 Get High School Skinny

18 promotions on the radio and each one had 10 contestants.

19 All 10 had to get doctor's approval before taking Healthe

20 Trim.

21 DR. WENDY WALSH: So, let me do the math here.

22 Are you saying that 500 people got their doctor's

23 approval?

24 MATTHEW DWYER: I think it's over 500. The

25 answer is yes.

JOHN MATTHEW DWYER III

Complaint

DR. WENDY WALSH: So, 500 doctors said this is safe? MATTHEW DWYER: That's correct.

DR. WENDY WALSH: How many actually lost weight? MATTHEW DWYER: All of them.

ON SCREEN: Before 196 Pounds Lost 54 Pounds User Group average weight loss 10.92 lbs in 30 days Healthe Trim DR. WENDY WALSH: Joining me now is Kate Hagen (phonetic). Kate has a really wonderful story. KATE HAGEN: I lost six pounds in the first week. I lost 11 pounds in the first month. And I just continued to melt the weight away. DR. WENDY WALSH: Those are amazing results. KATE HAGEN: I had a little boy and I've been a single mom since he was born. He has some special needs. He is on the autism spectrum and is deaf. I just didn't have time to go to the gym and prepare food and do all of those things you're supposed to do to lose weight after you have a baby. So, I kept my baby weight. You know, really I got fat through a window. I got all of my breakfasts and lunch through a window and ate fast food

VOLUME 158

Complaint

1 every day and -- 2 DR. WENDY WALSH: How much weight did you gain? 3 KATE HAGEN: 196 was just absolutely the 4 turning point that, you know, I'm a hamburger away from 5 200 pounds. I had to get up so early before work because 6 I'd spend a good hour-and-a-half in front of the mirror 7 putting on everything I owned, just crying hysterically 8 because I couldn't wear anything that I had and I was 9 fat.

10 DR. WENDY WALSH: When you first starting 11 taking Health Trim, what did you notice first? 12 KATE HAGEN: At first I noticed that I had 13 energy and I wasn't hungry. I started losing weight by 14 not changing anything other than adding two pills in the 15 morning to my day and that was all I changed. And I've 16 lost 54 pounds.

17 DR. WENDY WALSH: Fifty-four pounds. Whoo. 18 MATTHEW DWYER: How long -- that was three 19 years ago, right? 20 KATE HAGEN: Three years ago, yes. 21 DR. WENDY WALSH: You look fabulous. 22 KATE HAGEN: Thank you.

23 MATTHEW DWYER: She went to a size 14 to what 24 size dress are you now? 25 KATE HAGEN: A 14-ish plus to a 4.

JOHN MATTHEW DWYER III

Complaint

MATTHEW DWYER: Awesome.

DR. WENDY WALSH: Might have been a 16 or an

18, okay? Down to a four.

MATTHEW DWYER: That's awesome.

DR. WENDY WALSH: Science has proven many times

over that there's a direct correlation between losing

weight and lowering your blood pressure. With this in

mind, Matthew met with a noted physician and the doctor

agreed to use Healthe Trim to help some of his patients

who needed to lose weight. At the same time, he also

monitored the patients' blood pressure. Of those

patients who used Healthe Trim, not only did they lose

weight, but over 90 percent of them also lowered their

blood pressure.

ON SCREEN: Before 395 Pounds

Lost 165 Pounds

User Group average weight loss 10.92 lbs in 30

days

Healthe Trim

DR. WENDY WALSH: One of these is a man by the

name of Jay Gilhouse. You've been on blood pressure

medication for how long?

JAY GILHOUSE: Twenty-eight years. I started

when I was 19.

DR. WENDY WALSH: After taking Healthe Trim for

VOLUME 158

Complaint

1 just a couple months, you were able to lower your blood 2 pressure? 3 JAY GILHOUSE: Yes, and I haven't been on blood 4 pressure medicine for over two years. 5 DR. WENDY WALSH: All because of Healthe Trim. 6 JAY GILHOUSE: All because of Healthe Trim. 7 DR. WENDY WALSH: How much did you weigh when 8 you started taking Healthe Trim? 9 JAY GILHOUSE: About 395. 10 DR. WENDY WALSH: Besides lowering your blood 11 pressure, you also lost a lot of weight. 12 JAY GILHOUSE: 165 pounds. 13 DR. WENDY WALSH: You lost 165 pounds and 14 you're off blood pressure medication that you've been on 15 for 28 years. What's the best thing that has come of all 16 of this? 17 JAY GILHOUSE: Later on this year, I'm getting 18 married.

19 DR. WENDY WALSH: Oooh, that's wonderful. 20 JAY GILHOUSE: All I can -- hold on a second, 21 sorry.

22 DR. WENDY WALSH: It's okay. That's what we're 23 here for.

24 JAY GILHOUSE: Okay. But, anyway, Matthew, you 25 saved my life. You gave me a chance to get my life back.

JOHN MATTHEW DWYER III

Complaint

1 So, not only have I gotten my life back, I got my health 2 back. I'm more healthier than I was in my 30s. I'm more 3 healthier now than I was in my 20s and now I'm getting 4 married. I would have never thought I was going to do 5 that. I never would have thought it. 6 DR. WENDY WALSH: Healthe Trim changed your 7 life.

8 JAY GILHOUSE: Saved my life. Big difference. 9 ON SCREEN: Before and after photos 10 Lost 47 Pounds 11 Matthew 12 Healthe Trim 13 MATTHEW DWYER: I know everybody out there 14 watching, if you were like me four years ago and you're 15 depressed and you don't like looking at yourself in the 16 mirror and you don't feel good about yourself, Healthe 17 Trim is your answer.

18 ON SCREEN: FREE TRIAL 30 DAY 19 $9.95 20 Shipping and Processing 21 LOST 35 POUNDS 22 Victoria 23 Lost 54 Pounds 24 Ann 25 Lost 127 Pounds

VOLUME 158 Complaint Debbie Lost 130 Pounds Ben Lost 165 Pounds Jay Satisfaction Guarantee 100% Your results may vary.

1-800-576-6399 TRYHEALTHETRIM.COM Healthe Trim MATTHEW DWYER: I know it. I guarantee it. Trust me. Give me one week of your life and you'll feel it as well.

ON SCREEN: User Group average weight loss 10.92 lbs in 30 days.

Healthe Trim DR. WENDY WALSH: It's so great to see everybody here gathered together now and seeing all the enthusiasm and excitement for Healthe Trim. What's the number one thing that Healthe Trim's done for you? VICTORIA RUSSELL: It gave me my confidence back. I got rid of my belly. I got rid of my double chin. I feel, you know, comfortable in my own skin again. I feel great.

DR. WENDY WALSH: What's the best thing it did

JOHN MATTHEW DWYER III 849

Complaint

1 for you? 2 MEGAN GAIL MOORE: It put me back in a bikini. 3 BEN ERNEST: It's definitely a confidence 4 booster. I feel fearless now, like I can do anything, 5 you know.

6 DR. WENDY WALSH: Fearless. 7 KATE HAGEN: No more tears when I'm getting 8 dressed.

9 DR. WENDY WALSH: Donnie, what did Healthe Trim 10 do for you? 11 DONNIE: Well, it gave me the energy and the 12 focus that I was looking for and then the byproduct of 13 that was the weight loss.

14 JAY GILHOUSE: It got me off of the blood 15 pressure medication and it gave me enough courage to ask 16 my future wife out.

17 BEN ERNEST: Congratulations. That's great. 18 That's great.

19 DR. WENDY WALSH: And, Debbie, what did Healthe 20 Trim do for you? 21 DEBBIE WHITE: Healthe Trim just saved my life, 22 saved my marriage, and just made me feel so good and 23 sexy. My husband gets jealous when other men look at me 24 now.

25 BEN ERNEST: Nice.

VOLUME 158

Complaint

1 DR. WENDY WALSH: I want to know where you keep 2 your Healths Trim? 3 KATE HAGEN: I keep a bottle in my cupboard. I 4 keep my bottle in my bag. I keep a bottle in my car. 5 BEN ERNEST: Oh, yeah, it's spread around. 6 KATE HAGEN: Everywhere. I mean, there's 7 nowhere I could possibly go that I don't have it. 8 BEN ERNEST: I mean, yeah, you don't want to be 9 caught without it somewhere.

10 UNIDENTIFIED FEMALE: Just in case. 11 UNIDENTIFIED FEMALE: Yeah, absolutely. 12 KATE HAGEN: I was out the other day and was 13 telling a friend about it because his wife wanted to lose 14 weight, and I pulled a bottle out of my purse and I said, 15 here, take this, give it to your wife. And, you know, I 16 have it on hand. No worries. I've got more. 17 DR. WENDY WALSH: Can't be without it anywhere. 18 What's the very best thing about Healths Trim? 19 MEGAN GAIL MOORE: It's easy.

20 UNIDENTIFIED FEMALE: Yeah, it's really easy. 21 BEN ERNEST: Yeah, yeah.

22 UNIDENTIFIED FEMALE: It's easy. 23 BEN ERNEST: Absolutely.

24 UNIDENTIFIED FEMALE: It's very easy. 25 UNIDENTIFIED FEMALE: 100 percent.

JOHN MATTHEW DWYER III

Complaint

DR. WENDY WALSH: How easy? ANN HUDSON: Within five minutes of my alarm going off, because I take one right by my bed when my alarm goes off, I'm awake and I'm ready to go at the day. It's 4:00 a.m. and I'm like, let's go. BEN ERNEST: Yeah.

MEGAN GAIL MOORE: It's energy without calories.

DONNIE: I think the only way it could be easier is if somebody was opening up the bottle for me. ON SCREEN: Dr. Wendy Walsh, PhD You are watching a paid advertisement for Healthe Trim brought to you by HealthyLife Sciences, LLC Healthe Trim DR. WENDY WALSH: You've seen and heard great stories about real people just like you who have lost 10 to 20, 40 to 60, even 100 pounds or more with the number one natural weight loss supplement, Healthe Trim. Isn't it finally time for you to take control with Healthe Trim. Do it for your health. Do it for your family. And, most importantly, get started with Healthe Trim just for you. Just take two capsules a day and you're on your way to a better, healthier, happier life. ON SCREEN: WEIGHT LOSS PROGRAM (STOP) GYM MEMBERSHIP (STOP)

VOLUME 158 Complaint

EXTREME EXERCISE (STOP) 1-800-576-6399 Satisfaction Guarantee 100% TRYHEALTHETRIM.COM Healthe Trim DR. WENDY WALSH: You know you can pay hundreds of dollars a month for weight loss programs, gym memberships and extreme exercise routines -- ON SCREEN: FREE TRIAL 30 DAY CALL NOW Satisfaction Guarantee 100% 1-800-576-6399 TRYHEALTHETRIM.COM DR. WENDY WALSH: -- but if you call the number on your screen or go online to TryHealtheTrim.com today, you won't pay $100, you won't pay $75 or $50 or even $20, because your first month of Healthe Trim is only $9.95. ON SCREEN: FREE TRIAL 30 DAY $9.95 Shipping & Processing CALL NOW Satisfaction Guarantee 100% 1-800-576-6399 TRYHEALTHETRIM.COM DR. WENDY WALSH: You heard me right. Call or

JOHN MATTHEW DWYER III

Complaint

1 go online now and your first month of Health Trim is 2 only $9.95. And to make sure you're getting results 3 fast, you'll get two lifestyle guides, Everyday Meals and 4 Everyday Fitness, both for free. 5 MATTHEW DWYER: Plus, to get you maximum 6 results with Health Trim, I'm also going to include for 7 free access to our Health Trim weight loss coaching 8 program. Our coaches are there to answer your questions, 9 to give you tips and make sure you lose the weight you 10 want and they'll do it for free. 11 DR. WENDY WALSH: To really jumpstart your 12 weight loss, you'll get a 30-day supply of the amazing 13 detox formula, Healthy Cleanse, and that's free, too. 14 ON SCREEN: FREE TRIAL 30 DAY 15 $9.95 16 Shipping and Processing 17 LOST 35 POUNDS 18 Victoria 19 Lost 54 Pounds 20 Ann 21 Lost 127 Pounds 22 Debbie 23 Lost 130 Pounds 24 Ben 25 Lost 165 Pounds

VOLUME 158

Complaint

Jay

Satisfaction Guarantee 100%

Your results may vary.

1-800-576-6399

TRYHEALTHETRIM.COM

Healthe Trim

MATTHEW DWYER: Healthe Trim works. It's so

easy. It's natural. You'll feel great. You'll lose

weight that first week. Healthe Trim will change your

life, I guarantee it.

DR. WENDY WALSH: Try Healthe Trim for 30 days.

If you don't lose weight, if you aren't 100 percent

satisfied, just send it back and keep the meal plan and

fitness guide as a gift. It is that easy.

ON SCREEN: FREE TRIAL 30 DAY

$9.95

Shipping and Processing

Satisfaction Guarantee 100%

Your results may vary.

1-800-576-6399

TRYHEALTHETRIM.COM

Healthe Trim

ANNOUNCER: It's never too late to lose the

weight. Pick up the phone and get fit and slim with

Healthe Trim. Call 1-800-576-6399. That's 1-800-576-

VOLUME 158

Complaint

1 C E R T I F I C A T I O N O F T Y P I S T 2 MATTER NUMBER: 1223287 3 CASE TITLE: HEALTHY LIFE SCIENCES, LLC 4 TAPING DATE: JUNE 24, 2012 5 TRANSCRIPTION DATE: FEBRUARY 24, 2014 6 REVISION DATE: MARCH 13, 2014 8 I HEREBY CERTIFY that the transcript contained 9 herein is a full and accurate transcript of the tapes 10 transcribed by me on the above cause before the FEDERAL 11 TRADE COMMISSION to the best of my knowledge and belief. 13 DATED: MARCH 13, 2014 16 ELIZABETH M. FARRELL 18 C E R T I F I C A T I O N O F P R O O F R E A D E R 20 I HEREBY CERTIFY that I proofread the transcript for 21 accuracy in spelling, hyphenation, punctuation and 22 format.

25 SARA J. VANCE

JOHN MATTHEW DWYER III

Decision and Order

DECISION AND ORDER

The Federal Trade Commission (“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 the respondent with violation of the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.; and

The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order (“consent agreement”), which includes: a statement by the respondent that he neither admits nor denies any of the allegations in the draft complaint, except as specifically stated in the consent agreement, and only for purposes of this action, admits the facts necessary to establish jurisdiction; 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 has violated the Federal Trade Commission Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such consent agreement on the public record for a period of thirty (30) days for the receipt and consideration of public comments, pursuant to Commission Rule 2.34, 16 C.F.R. § 2.34, now in further conformity with the procedure prescribed in Commission Rule 2.34, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1. Respondent John Matthew Dwyer III, a/k/a Matthew Dwyer (“Dwyer”), is the co-founder of HealthyLife Sciences, LLC, a Georgia limited liability company. He was the company’s chief executive officer until September 2011 and company co-owner until 2013. Individually, or in concert with others, he formulated, directed, controlled, or participated in the policies, acts, or practices of the company.

VOLUME 158

Decision and Order

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

ORDER

DEFINITIONS

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

A. Unless otherwise specified, “respondent” means John Matthew Dwyer III.

B. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44.

C. “Covered Product” shall mean any Dietary Supplement, Food, or Drug.

D. “Dietary Supplement” means:

1. Any product labeled as a dietary supplement or otherwise represented as a dietary supplement; or

2. Any pill, tablet, capsule, powder, softgel, gelcap, liquid, or other similar form containing one or more ingredients that is a vitamin, mineral, herb or other botanical, amino acid, probiotic, or other dietary substance for use by humans to supplement the diet by increasing the total dietary intake, or a concentrate, metabolite, constituent, extract, or combination of any ingredient described above, that is intended to be ingested, and is not represented to be used as a conventional food or as a sole item of a meal or the diet.

E. “Food” and “Drug” mean as defined in Section 15 of the FTC Act, 15 U.S.C. § 55.

JOHN MATTHEW DWYER III 859

Decision and Order

F. “Reliably Reported,” for a human clinical test or study (“test”), means a report of the test has been published in a peer-reviewed journal, and such published report provides sufficient information about the test for experts in the relevant field to assess the reliability of the results.

G. The term “including” in this Order shall mean “without limitation.”

H. The terms “and” and “or” in this Order shall be construed conjunctively or disjunctively as necessary, to make the applicable phrase or sentence inclusive rather than exclusive.

I.

IT IS ORDERED that respondent is permanently restrained and enjoined from manufacturing, labeling, advertising, marketing, promoting, offering for sale, selling, or distributing, or assisting others in manufacturing, labeling, advertising, marketing, promoting, offering for sale, selling, or distributing, any weight-loss product or program.

II.

IT IS FURTHER ORDERED that respondent, directly or through any corporation, partnership, subsidiary, division, licensee, affiliate, trade name, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any Covered Product, in or affecting commerce, shall not make any representation, other than representations covered under Part I of this Order, in any manner, expressly or by implication, including through the use of product name, endorsement, depiction, illustration, trademark, or trade name, about the health benefits, performance, or efficacy of any Covered Product, unless the representation is non-misleading, and, at the time of making such representation, respondent possesses and relies upon competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when

VOLUME 158

Decision and Order

considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true.

For purposes of this Part, competent and reliable scientific evidence means tests, analyses, research, or studies (1) that have been conducted and evaluated in an objective manner by qualified persons; (2) that are generally accepted in the profession to yield accurate and reliable results; and (3) as to which, when they are human clinical tests or studies, all underlying or supporting data and documents generally accepted by experts in the field as relevant to an assessment of such testing as described in Part V must be available for inspection and production to the Commission.

III.

IT IS FURTHER ORDERED that respondent, directly or through any corporation, partnership, subsidiary, division, licensee, affiliate, trade name, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any Covered Product, in or affecting commerce, shall not misrepresent, in any manner, expressly or by implication:

A. The existence, contents, validity, results, conclusions, or interpretations of any test, study, or research; or

B. That the efficacy of such product has been clinically or scientifically proven.

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 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

JOHN MATTHEW DWYER III 861

Decision and Order

B. Nothing in this Order shall prohibit respondent from making any representation for any product 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 or permitted under Sections 303-304 of the Food and Drug Administration Modernization Act of 1997.

V.

IT IS FURTHER ORDERED that, with regard to any human clinical test or study (“test”) upon which respondent relies to substantiate any claim covered by this Order, respondent shall secure and preserve all underlying or supporting data and documents generally accepted by experts in the field as relevant to an assessment of the test, including, but not necessarily limited to:

A. All protocols and protocol amendments, reports, articles, write-ups, or other accounts of the results of the test, and drafts of such documents reviewed by the test sponsor or any other person not employed by the research entity;

B. All documents referring or relating to recruitment; randomization; instructions, including oral instructions, to participants; and participant compliance;

C. Documents sufficient to identify all test participants, including any participants who did not complete the test, and all communications with any participants relating to the test; all raw data collected from participants enrolled in the test, including any participants who did not complete the test; source documents for such data; any data dictionaries; and any case report forms;

D. All documents referring or relating to any statistical analysis of any test data, including, but not limited to, any pretest analysis, intent-to-treat analysis, or

VOLUME 158

Decision and Order

between-group analysis performed on any test data; and

E. All documents referring or relating to the sponsorship of the test, including all communications and contracts between any sponsor and the test’s researchers.

Provided, however, the preceding preservation requirement shall not apply to a Reliably Reported test, unless the test was conducted, controlled, or sponsored, in whole or in part (1) by respondent, or by any person or entity affiliated with or acting on behalf of respondent, including, agents, representatives, and employees, or by any other person or entity in active concert or participation with respondent (“respondent’s affiliates”), (2) by the supplier or manufacturer of the product at issue, or (3) by a supplier to respondent, to respondent’s affiliates, or to the product’s manufacturer of any ingredient contained in such product.

For any test conducted, controlled, or sponsored, in whole or in part, by respondent, or by any business for which respondent is the majority owner, or directly or indirectly controls, respondent or such business must establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of any personal information collected from or about participants. These procedures shall be documented in writing and shall contain administrative, technical, and physical safeguards appropriate to such business’s size and complexity, the nature and scope of such business’s activities, and the sensitivity of the personal information collected from or about the participants.

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;

JOHN MATTHEW DWYER III 863

Decision and Order

B. All materials that were relied upon in disseminating the representation; and

C. All tests, reports, studies, surveys, demonstrations, or other evidence in his 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.

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 having managerial 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. Delivery shall occur to current personnel within thirty (30) days after 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 seven (7) years after the date of issuance of this Order, shall notify the Commission of the discontinuance of his current business or employment, or of his affiliation with any new business or employment, within 14 days of such change occurring. 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 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, within sixty (60) days after the date of service of this Order, shall file with the

VOLUME 158

Decision and Order

Commission a true and accurate report, in writing, setting forth in detail the manner and form of his compliance with this Order. Within ten (10) days of receipt of written notice from a representative of the Commission, respondent shall submit additional true and accurate reports.

X.

This Order will terminate on October 22, 2034, or twenty (20) years from the most recent date that the United States or the 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 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.

JOHN MATTHEW DWYER III 865

Analysis to Aid Public Comment

ANALYSIS OF CONSENT ORDER TO AID PUBLIC COMMENT

The Federal Trade Commission (“FTC” or “Commission”) has accepted, subject to final approval, an agreement containing a consent order from John Matthew Dwyer III, a/k/a Matthew Dwyer (“Dwyer”).

The proposed consent order (“proposed order”) has been placed on the public record for thirty (30) days for receipt 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 involves advertising for HealthyLife Sciences, LLC’s Healthe Trim line of weight loss dietary supplements (“Healthe Trim”). The complaint alleges that Dwyer, a co-founder of HealthyLife Sciences, LLC, and former chief executive officer and spokesman for Healthe Trim, violated Sections 5(a) and 12 of the Federal Trade Commission Act by making false or unsubstantiated representations that Healthe Trim would cause rapid and substantial weight loss, including as much as 35, 130, and 165 pounds. Dwyer also claimed that users would lose weight without dieting, and that Healthe Trim would burn fat, increase metabolism, and suppress appetite. The complaint also alleges that Dwyer violated Sections 5(a) and 12 by falsely representing that Healthe Trim is clinically proven to cause weight loss.

The proposed order includes injunctive relief that prohibits these alleged violations and fences in similar and related violations. For purposes of the order, “Covered Product” means any dietary supplement, food, or drug.

Part I of the proposed order bans Dwyer from manufacturing, marketing, or distributing any weight-loss product or program, or assisting others in any of the foregoing.

Part II of the proposed order prohibits any representation about the health benefits, performance, or efficacy of any Covered

VOLUME 158

Analysis to Aid Public Comment

Product, unless it is non-misleading and supported by competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. For purposes of this Part, competent and reliable scientific evidence is defined as tests, analyses, research, or studies that have been conducted by qualified persons in an objective manner and are generally accepted in the profession to yield accurate and reliable results. When that evidence consists of human clinical tests or studies, Dwyer must maintain all underlying or supporting data and documents that experts in the field generally would accept as relevant to an assessment of such testing.

Part III of the proposed order prohibits Dwyer from misrepresenting the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research in connection with the manufacturing, labeling, advertising, promotion, offering for sale, and sale or distribution of any Covered Product.

Part IV provides a safe harbor for representations permitted under any tentative final or final standard promulgated by the Food and Drug Administration (“FDA”), any new drug application approved by the FDA, or FDA regulations pursuant to the Nutrition Labeling and Education Act of 1990 or the FDA Modernization Act of 1997.

Triggered when the human clinical testing requirement in Part II applies, Part V of the proposed order requires Dwyer to secure and preserve all underlying or supporting data and documents generally accepted by experts in the field as relevant to an assessment of the test, such as protocols, instructions, participant-specific data, statistical analyses, and contracts with the test’s researchers. There is an exception for a “Reliably Reported” test, defined as a test published in a peer-reviewed journal that was not conducted, controlled, or sponsored by Dwyer, his affiliates, or others in the manufacturing or supply chain. Also, the published report must provide sufficient information about the test for experts in the relevant field to assess the reliability of the results.

JOHN MATTHEW DWYER III 867

Analysis to Aid Public Comment

Parts VI through IX of the proposed order require Dwyer to: deliver a copy of the order to principals, officers, directors, and other employees having responsibilities with respect to the subject matter of the order; notify the Commission of changes in employment that might affect compliance obligations under the order; and file compliance reports with the Commission.

Part X provides that the order will terminate after twenty (20) years, with certain exceptions.

The purpose of this analysis is to facilitate public comment on the proposed order, and it is not intended to constitute an official interpretation of the complaint or proposed order, or to modify the proposed order’s terms in any way.

VOLUME 158

Complaint

IN THE MATTER OF

HEALTHYLIFE SCIENCES, LLC

CONSENT ORDER, ETC. IN REGARD TO ALLEGED VIOLATIONS OF SECTIONS 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT

Docket No. C-4493; File No. 122 3287 Complaint, October 22, 2014 – Decision, October 22, 2014

This consent order addresses HealthyLife Sciences, LLC’s (“HLS”) advertising for its Health Trim line of weight-loss dietary supplements (“Health Trim”). The complaint alleges that the company violated Sections 5(a) and 12 of the Federal Trade Commission Act by making false or unsubstantiated representations that Health Trim would cause rapid and substantial weight loss, including as much as 35, 130, and 165 pounds. The consent order bans HLS from making any of the seven “gut check” weight loss claims that the Commission has publicly advised are always false, specifically that any dietary supplement, over-the-counter drug, or patch, cream, wrap, or other product worn on the body or rubbed into the skin: 1) causes weight loss of two pounds or more a week for a month or more without dieting or exercise; 2) causes substantial weight loss no matter what or how much the user eats; 3) causes permanent weight loss; 4) blocks the absorption of fat or calories to enable users to lose substantial weight; 5) safely enables users to lose more than three pounds per week for more than four weeks; 6) causes substantial weight loss for all users; or 7) causes substantial weight loss by wearing a product on the body or rubbing it into the skin.

Participants

For the Commission: Christine DeLorme and Elizabeth Nach.

For the Respondent: Curt Friedberg, Partner.

COMPLAINT

The Federal Trade Commission, having reason to believe HealthyLife Sciences, LLC, a limited liability company (“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 HealthyLife Sciences, LLC (“HealthyLife Sciences”), is a Georgia limited liability company with its