012 3091 UNITED STATES OF AMERICA
In the Matter of MICHAEL FORREST, individually and d/b/a DOCKET NO. C-4020 The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violations of the Federal Trade Commission Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing consent order containing an admission by the respondent of all the jurisdictional facts set forth in the draft complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true, and waivers and other provisions as required by the Commission's Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent violated the said Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of thirty (30) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:
DEFINITIONS For purposes of this order, the following definitions shall apply:
I. IT IS HEREBY ORDERED that respondent, directly or through any partnership, corporation, subsidiary, division, trade name, or other device, including franchisees, licensees, or distributors, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any electronic therapy device or any covered product or service in or affecting commerce, shall not misrepresent, in any manner, expressly or by implication,
II. IT IS HEREBY ORDERED that respondent, directly or through any partnership, corporation, subsidiary, division, trade name, or other device, including franchisees, licensees, or distributors, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any electronic therapy device or any covered product or service in or affecting commerce, shall not make any representation, in any manner, expressly or by implication:
unless, at the time the representation is made, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation. III. IT IS FURTHER ORDERED that respondent, directly or through any corporation, subsidiary, division, trade name, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any electronic therapy device or any covered product or service in or affecting commerce, shall not misrepresent, in any manner, expressly or by implication, the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research. IV. Nothing in this order shall prohibit respondent from making any representation for any drug that is permitted in labeling for such product under any tentative final or final standard promulgated by the Food and Drug Administration, or under any new medical device application approved by the Food and Drug Administration. Nor shall it prohibit respondent from making any representation for any product that is specifically permitted in labeling for such product by regulations promulgated by the Food and Drug Administration pursuant to the Nutrition Labeling and Education Act of 1990. V. IT IS FURTHER ORDERED that respondent shall:
VI. IT IS FURTHER ORDERED that respondent shall refund the full purchase price of the Black Box, Magnetic Pulser, Magnetic Multi-Pulser, Portable Rife Frequency Generator, Beck-Rife Unit, PC-Rife #1, PC-Rife #2, PC-RIFE #3, and Miracle Herbs, including shipping and handling and applicable taxes, to each consumer whose initial request for a refund is received by respondent within ninety (90) days after the date the notice required by Part V.B. of this order is mailed to consumers, under the following terms and conditions:
Refund requests shall be sent to Jaguar Enterprises of Santa Ana, 1515 N. Town East Blvd., Suite 138-427, Mesquite, Texas 75150-4142. VII. IT IS FURTHER ORDERED that respondent Michael Forrest shall, no later than one hundred and eighty (180) days after the date of service of this order, deliver to the Commission a monitoring report, in the form of a sworn affidavit. This report shall specify the steps respondent has taken to comply with the terms of Parts V and VI of this order and shall state, without limitation:
VIII. IT IS FURTHER ORDERED that respondent Michael Forrest shall, for ten (10) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying:
IX. IT IS FURTHER ORDERED that respondent Michael Forrest shall deliver a copy of this order to all current and future principals, officers, directors, and managers, and to all current and future employees, agents, and representatives having responsibilities with respect to the subject matter of this order, and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Respondent shall deliver this order to current personnel within thirty (30) days after the date of service of this order, and to future personnel within thirty (30) days after the person assumes such position or responsibilities. Respondent shall maintain and upon request make available to the Commission for inspection and copying each such signed and dated statement. X. IT IS FURTHER ORDERED that respondent shall, for a period of five (5) years following the date of entry of this order, send a copy of this order to any distributor of any covered product or service and shall secure from each such distributor a signed and dated statement acknowledging receipt of the order. Respondent shall maintain and upon request make available to the Commission for inspection and copying each such signed and dated statement. For purposes of this Part, "distributor" shall mean any purchaser or other transferee of any covered product or service who acquires such product or service from respondent, with or without valuable consideration, who: (1) is known by respondent to have sold or offered to sell such product or service to other sellers or to consumers, including but not limited to individuals, retail stores, or catalogs, or (2) orders twenty (20) or more such units of any such product or service in any three month period. XI. IT IS FURTHER ORDERED that respondent Michael Forrest, within five (5) days of entry of this order, shall notify the Commission of (1) his residence address and mailing address; (2) his telephone number(s); (3) if applicable, the names of his employer and supervisor(s); and (4) his duties and responsibilities. XII. IT IS FURTHER ORDERED that respondent Michael Forrest, for a period of ten (10) years after the date of entry of this order, shall notify the Commission of (1) any changes in his residence address, mailing address, or business address; (2) the discontinuance of his current business or employment; and (3) his affiliation with any new business or employment. Notice of changes in employment status shall include: (1) the new employer's name, address and telephone number; (2) the full names of the employer's principals; (3) if applicable, the names of respondent's supervisors, and (4) a description of the employer's activities, and respondent's duties and responsibilities. XIII. IT IS FURTHER ORDERED that respondent Michael Forrest shall, within sixty (60) days after the date of service of this order, and at such other times as the Federal Trade Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and form in which respondent has complied and is complying with this order. XIV. This order will terminate on July 30, 2021, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of:
Provided, further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal. By direction of the Commission Benjamin I. Berman ISSUED: July 30, 2001 ATTACHMENT A LETTER SENT TO CONSUMERS WITH WHOM [To Be Printed on Jaguar Enterprises of Santa Ana letterhead]
[DATE] Dear [CUSTOMER'S NAME]: This letter is to inform you that Jaguar Enterprises of Santa Ana recently settled a civil dispute with the Federal Trade Commission regarding its advertising for the Black Box, Magnetic Pulser, Magnetic Multi-Pulser, Beck-Rife unit, Portable Rife Frequency Generator, PC-Rife #1, PC-Rife #2, PC-Rife #3, and Miracle Herbs. Among other things, the settlement requires us to notify consumers of the settlement and offer refunds to persons who purchased the Black Box, Magnetic Pulser, Magnetic Multi-Pulser, Beck-Rife unit, Portable Rife Frequency Generator, PC-Rife #1, PC-Rife #2, PC-Rife #3, or Miracle Herbs. According to the FTC complaint, we did not have a reasonable basis to claim that one or more of the above referenced products are effective in 1) treating cancer, AIDS, hepatitis, Gulf War Syndrome, Chronic Fatigue Syndrome and rheumatoid arthritis, 2) treating localized infections and diseases caused by the herpes virus, 3) treating bacterial and viral infections, or 4) deactivating disease-causing viruses, bacteria (including drug-resistant bacteria), fungi and other parasites in humans. Although we deny the FTC's allegations, we have agreed to send this letter and offer you a refund. In order to receive a refund, please complete the enclosed form and return it to Jaguar Enterprises of Santa Ana,1515 N. Town East Blvd., Suite 138-427, Mesquite, Texas 75150-4142. ___________________________ Michael Forrest REFUND REQUEST The undersigned hereby requests a refund for the purchase of the Black Box, Magnetic Pulser, Magnetic Multi-Pulser, Beck-Rife unit, Portable Rife Frequency Generator, PC-Rife #1, PC-Rife #2, PC-Rife #3, and/or Miracle Herbs. Full Name (Please Print): ____________________________________
_______________________________ Products purchased: _______________________________ Purchase Price, including shipping, handling and taxes: ______________ It is not necessary to include proof of purchase, such as credit card statements, canceled checks, or receipts, but doing so may expedite your refund request in the event of a dispute concerning the amount of your refund. Date: ___________________________ Signature of Purchaser: ________________________________________ ATTACHMENT B [ADDRESS AND TELEPHONE NUMBER OF THE DECLARANT] [DATE] Michael Forrest, Owner Dear Mr. Forrest: I make the following Declaration of Purchase. On or about [DATE], I purchased [NUMBER OF PACKAGES] of [PRODUCT] at [PRICE PER UNIT]. Moreover, I incurred [DOLLAR AMOUNT] in shipping and handling charges and taxes as a result of this purchase(s). I request a refund for [TOTAL DOLLAR AMOUNT FOR PRODUCT(S), SHIPPING AND HANDLING, AND TAXES]. _____________________________________________ _____________________________________________ _____________ |