B232657 UNITED STATES OF AMERICA In the Matter of VENEGAS INC., a corporation, and ANGEL VENEGAS, individually and as an officer of the corporation. DOCKET NO. C-3781 COMPLAINT The Federal Trade Commission, having reason to believe that Venegas Inc., a corporation, and Angel Venegas, individually and as an officer of the corporation ("respondents"), have 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 Venegas Inc. is a New York corporation with its principal office or place of business at 500 Grand Street, Brooklyn, New York 11211. 2. Respondent Angel Venegas is an officer of the corporate respondent. Individually or in concert with others, he formulates, directs, participates in, or controls the policies, acts, or practices of the corporation, including the acts or practices alleged in this complaint. His principal office or place of business is the same as that of Venegas Inc. 3. Respondents have advertised, offered for sale, sold, and distributed products to the public, including “Alen,” a powdered nutritional supplement that contains wheat germ, wheat bran, soybean extract, and seaweed extract. Advertisements for Alen have appeared in El Diario, a Spanish language newspaper in the New York City metropolitan area. “Alen” is a “food” and/or “drug” within the meaning of Sections 12 and 15 of the Federal Trade Commission Act, 15 U.S.C. §§ 52, 55. 4. The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act. 5. Respondents have disseminated or have caused to be disseminated advertisements for Alen, including but not necessarily limited to the attached Exhibit A (a newspaper advertisement). This advertisement contains the following statements:
6. Through the means described in Paragraph 5, respondents have represented, expressly or by implication, that Alen:
7. Through the means described in Paragraph 5, respondents have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 6 at the time the representations were made. 8. In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 6 at the time the representations were made. Therefore, the representation set forth in Paragraph 7 was, and is, false or misleading. 9. The acts and practices of respondents 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 twenty-third day of January, 1998, has issued this complaint against respondents. By the Commission, Commissioner Thompson and Commissioner Swindle not participating. Donald S. Clark SEAL: Alen Translation What is Alen? It consists of nutrients with the ability of being immediately absorbed such as: high concentrations of Oligoelementos (?) in complex organic molecules, yeast, enzymes, biotin, essential amino acids, fibers, and marine algae/seaweed. Your health is your most valued treasure. 30 Years of Investigation involves a super nutrient which increases our life expectancy, and its balanced formula prevents premature aging. Alen is a cellular reconstructor (1) Delays the aging process (2) Eliminates anemia (3) Regenerates hair and skin (4) Increases physical and mental energy (5) Increases pleasure in living and sexual vigor (6) Furnishes raw matter for increasing the immune system’s defenses (7) Regulates sleep (8) Reestablishes intestinal function/operation (9) Controls addictions to excess fat and sweets (10) Increases memory and scholastic performance (11) Increases athletic performance (12) Complete nutrition and appropriate diet (13) Increases vital energy (14) For diabetics it helps in the natural production of insulin (15) Notably reduces rheumatic pain and migraines (16) Protects against infections and increases (enhances) the healing process (17) Reduces cholesterol and triglycerides with its non-soluble fibers (18) Reduces uric acid by increasing urinary frequency (19) Lowers blood pressure (20) Helps heal ulcers (21) Serves to alleviate anxiety, distress, and nervousness (22) Increases nail growth and strength (23) Increases muscular bulk without the need for steroids Alen is a unique product Recognized worldwide Alen Metabolic Harmonizer 100% Organic Health * Youth * Vitality Dr. Oscar Argas Machuca How do you take Alen Alen is taken with juices, shakes, milk or yogurt. Add one heaping tablespoon of Alen to a glass with your favorite beverage . Mix for a few seconds. Drink immediately after preparing. You can find it in the best pharmacies and health food stores. |