9823181
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
EHP PRODUCTS, INC., a corporation, and ELAINE H. PARRISH, individually
and as an officer of the corporation.
DOCKET NO. C-3940
COMPLAINT
The Federal Trade Commission, having reason to believe that EHP Products, Inc., and
Elaine H. Parrish, individually and as an officer of the corporation, 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 EHP Products, Inc. is a Kentucky corporation with its principal place of
business at 8 Kenton Furnace Drive, Ashland, Kentucky 41105. Respondent Elaine H. Parrish
is the sole shareholder, President, and Secretary-Treasurer of the corporate respondent.
She formulates, directs, and controls the acts and practices of the corporate respondent,
including the acts and practices alleged in this complaint. Her principal office or place
of business is the same as that of the corporate respondent.
2. Respondents have promoted, offered for sale, sold, and distributed to the public
products containing a substance described as cetylmyristoleate, cetyl myristoleate, or
CMO, including products identified with the name "Myristin®," [hereinafter
sometimes referred to collectively as "CMO."] 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 respondents alleged in this complaint have been in or
affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade
Commission Act.
4. Respondents have disseminated or have caused to be disseminated advertisements or
promotional materials for products containing cetylmyristoleate, including but not
necessarily limited to the attached Exhibits A (respondents' Internet web site) through D.
These advertisements and promotional materials contain the following statements:
A. Patented relief for arthritis pain
Myristin® Dietary Supplement
brand of cetyl myristoleate
* * *
Myristin® Dietary Supplement is a naturally occurring protective
dietary factor which has been shown in laboratory experiments to promote resistance to
swelling, tenderness, and pain in joints.
* * *
[depiction of a safety cross]
Safety Manufacture
Safety of Myristin®
A national certified testing laboratory tested safety in accordance with Federal
regulations. Myristin® was administered to a group of test animals to evaluate its
toxicity in accordance with Federal requirements as listed in 16 CFR 1500.3. . . .There
were no abnormalities observed in any of the animals' tissues or organs.
* * *
RESEARCH
* * *
Mr. Diehl pursued the scientific fact that mice do not get arthritis and discovered
cetyl myristoleate through his investigations and analyses. He began his research in 1962,
and by 1964 had determined that there was a substance in the mice which must protect them
from arthritis. After countless experiments, reactions, and purifications, the immunity
factor was identified as cetyl myristoleate . . . .
* * *
Mr. Diehl observed in scientific studies that arthritis induced in lab animals injected
with an arthritis-producing solution could be resolved by cetyl myristoleate, and that
animals given cetyl myristoleate in advance of being injected with the arthritis-producing
solution were protected against the development of arthritis. Mr. Diehl suffered from
osteoarthritis in his hands, and osteoarthritis in his heels and knees made it difficult
for him to walk. He was very willing to try this protective factor, cetyl myristoleate, on
himself. To his great satisfaction, his hands, heels, and knees stopped hurting between
three and six weeks after using cetyl myristoleate. That was in 1991.
* * *
TESTIMONIALS
* * * From a healthcare professional: ". . . .
Being an RN and seeing first hand what the long-term effects of arthritis are, I knew I
had to try it. The results have been life-altering. My knee pain is gone as well as
headaches that I believe were also weather related. After my second regimen, my range of
motion which had been severely restricted in my neck since an injury in 1979 improved at
least 50%. I feel better than I have in a long time."
From a Physician's wife: "MYRISTIN helped my arthritic shoulder.
For about three years, I could not lift my right arm much above my waist. . . . After
taking it, I could not believe the results. In a couple of weeks, there was dramatic
improvement. I could move my arm in a full range of motion without pain. I felt like a new
person. I was so happy to get back to normal after being restricted by my condition for so
long. I'm now pain-free and able to do what I want to with my right arm. . . ."
* * * "I had been having back and hip pain for several months that
just kept getting worse and worse. An orthopedist told me I had spinal stenosis and a
bulging disc. . . . To make a long story short, I took MYRISTIN and within two weeks all
my back pain and hip pain were totally gone. . . . That was three months ago, and my back
and hip are still pain free."
* * *
"The pain and swelling are gone from my left foot and hands from the rheumatoid
arthritis. Three years ago I was found to have hepatitis C, an inflammation of the liver.
I took your breakthrough cetyl myristoleate about 5 months ago. Then I had a regular blood
screen taken, and I was told the remarkable news that not only is my liver count back in
normal range, but there is no sign of the hepatitis C. . . ."
* * * "For Father's Day and my 66th birthday, my daughter gave me
MYRISTIN as a gift. She hoped this dietary supplement would reduce the arthritic pain I
have suffered with for many years. My 'stiffness' upon awakening has subsided since taking
the first four capsules. When I went back to my doctor on July 19th, my blood sugar level
had dropped from 163 to 113, my cholesterol count was down, and he took me off a
medication I had been taking for two years for high blood pressure, because that was now
normal!"
"I tried the cetyl myristoleate. . . . The first area of significance was the
stiffness and pain to my neck and shoulder which had developed following an auto accident.
. . . [T]he condition is gone! Furthermore, other recurring ailments have completely
disappeared. For example, fever blisters are no more. Colds and bouts of flu that would
normally transpire during winter do not. Not only all of this but also allergies that were
starting up as I approach middle age are also gone."
* * * From a healthcare professional: "I checked a
patient's lung capacity on the day she began to take cetyl myristoleate, and again today,
10 days later. She has emphysema-type chronic obstructive lung disease. Her lung function
has improved measurably in the three areas commonly measured: volume, flow rate, and force
of flow. . . . She has arthritis in her neck, which has improved considerably. I also took
[some] myself. I had a chronic right shoulder arthritis, which prevented me from being
able to sleep on my right side or from keeping my arm on the back of a chair for more than
a few minutes. These painful symptoms were gone [quickly]."
* * * From an emphysema sufferer: "There is no
doubt in my mind that MYRISTIN helped my breathing. My fingers are no longer blue but are
a nice pink. Also, my nose and bronchial tubes are clear, allowing me to breathe. My sleep
is much better and this is all without using the inhalers I had to use so much. . .
."
From an eczema sufferer: "I have been fortunate enough to apply
MYRISTIN to my hands and forearms, and miracle of miracles, my eczema has cleared. I have
been under the care of a dermatologist for eczema for 18 years. . . . I applied MYRISTIN
to my hands over a three week period, and my eczema was totally gone! I still can't
believe it. I am now so proud of my hands."
* * *
USE
* * *
For many people, but not all, these 51 capsules of Myristin® will
take care of their needs for several years or more. . . .
* * *
Myristin® has worked for a high percentage of customers who have used
it. Based on their experience, there is a good chance Myristin® will
work for you.
[Exhibit A, http://www.cetylmyristoleate.com/]
B. ARTHRITIS SUFFERERS
Life is Precious
Why waste a moment with arthritis problems?
MYRISTIN® dietary supplement can make a difference for you.
* * *
MYRISTIN® is a natural product which has been patented for both
rheumatoid and osteoarthritis. . . .
* * *
WHAT DOES IT DO? MYRISTIN® has been shown in laboratory experiments
and clinical usage to promote resistance to pain, swelling, and tenderness in joints
caused by arthritis.
WHO HAS USED IT? Taken in just one or two courses over a two to four week period,
thousands of arthritis sufferers have used MYRISTIN®. The product is a
safe natural compound which can be taken right along with your prescription medicines and
other supplements and vitimins. Most people only need one or two courses every one or two
years.
[Exhibit B, Vital Times, March, 1998, p. 30]
C. It's a Natural for Arthritis.
[A footnote in smaller type states, "The FDA has not evaluated this statement. The
product is not intended to diagnose, treat, cure or prevent disease."]
* * *
THE PROOF IS IN THE PATENT.
* * *
MYRISTIN®, MYRIST-AID™, our joint nutrient/synergistic capsule, and
MYRISTIN™ TF lotion are used in one or two courses of 17 days each. After this, most
of your patients will not need any more MYRISTIN® for one to two years. . . .
[Exhibit C, Dynamic Chiropractic, March 23, 1998, p. C-4]
D. It's a Natural for Arthritis.
[A footnote in smaller type states, "The FDA has not evaluated this statement. The
product is not intended to diagnose, treat, cure or prevent disease."]
* * *
Most people only need to use one 17 day course of MYRISTIN® dietary supplement.
MYRISTIN® is available as a package with the synergistic capsule MYRIST-AID™, and
the topical lotion MYRISTIN® TF. Try it. It could be the answer you're looking for.
* * *
THE PROOF IS IN THE PATENT.
[Exhibit D, Alternative Medicine Digest, Issue 22, p. 98]
5. Respondents have disseminated or have caused to be disseminated advertisements for
products containing cetylmyristoleate by means of an Internet Web site containing terms
("metatags") embedded in the Web site source code that are used by one or more
Internet search engines to index Web sites for the purpose of selecting Web sites
responsive to an Internet search request. These metatags, appearing only in the source
code and not on a Web page visible to the consumer, include but are not limited to the
following:
- arthritis pain relief, arthritis cure, miracle cure, medical breakthrough, arthritis
relief, arthritis treatment, psoriasis, joint pain, bone pain, fibromyalgia, tendonitis,
systemic lupus erythematosus (SLE), scleroderma, low back pain, bursitis, aching feet,
aching legs, aching back, tennis elbow, temperomandibular joint disease, chronic
obstructive pulmonary disease (COPD), gout, gouty arthritis, emphysema, arthralgia,
arthropathy, rheumatism, osteitis, osteochondritis, osteomalacia, osteomyelitis.
6. Through the means described in Paragraphs 4 and 5 taken together, respondents have
represented, expressly or by implication, that:
- A. Respondents' CMO products are safe and effective in the mitigation, treatment,
prevention, and cure of most forms of arthritic conditions, including rheumatoid arthritis
and osteoarthritis.
-
- B. Respondents' CMO products significantly relieve pain, swelling, and tenderness caused
by arthritis.
-
- C. Respondents' CMO products are effective in the mitigation, treatment, and cure of
hepatitis C, emphysema, obstructive lung disease, spinal stenosis, eczema, psoriasis,
aches and pains of the back and extremities, fibromyalgia, tendinitis, systemic lupus
erythematosus, scleroderma, bursitis, temperomandibular joint disease, gout, arthropathy,
osteitis, osteochondritis, osteomalacia, and osteomyelitis.
-
- D. Respondents' CMO products are effective in the prevention of fever blisters, colds,
flu, and allergy symptoms.
-
- E. Respondents' CMO products effectively lower cholesterol, blood pressure, and blood
sugar levels.
7. Through the means described in Paragraph 4, respondents have represented, expressly
or by implication, that testimonials from consumers appearing in the advertisements or
promotional materials for respondents' CMO products reflect the typical or ordinary
experience of members of the public who use the products.
8. Through the means described in Paragraphs 4 and 5, respondents have represented,
expressly or by implication, that they possessed and relied upon a reasonable basis that
substantiated the representations set forth in Paragraphs 6 and 7, at the time the
representations were made.
9. In truth and in fact, respondents did not possess and rely upon a reasonable basis
that substantiated the representations set forth in Paragraphs 6 and 7 at the time the
representations were made. For example, studies have not examined the efficacy of the
ingredients in respondents' CMO products in the prevention or cure of arthritis, hepatitis
C, emphysema, obstructive lung disease, spinal stenosis, eczema, psoriasis, fibromyalgia,
tendonitis, systemic lupus erythematosus, scleroderma, temperomandibular joint disease,
arthropathy, rheumatism, osteitis, osteochondritis, osteomalacia, or osteomyelitis; or in
the prevention of fever blisters, colds, flu, or allergy symptoms; or in lowering
cholesterol, blood pressure, or blood sugar levels. In addition, there is insufficient
information available to determine the reliability of other purported studies or the
applicability of such studies to the respondents' products. Therefore, the representation
set forth in Paragraph 8 was, and is, false or misleading.
10. Through the means described in Paragraph 4, respondents have represented, expressly
or by implication, that:
- A. The issuance of U.S. patents 4,049,824 and 5,569,676 proves that respondents' CMO
products are effective in treating and alleviating the symptoms of rheumatoid arthritis
and osteoarthritis.
-
- B. Laboratory tests prove that respondents' CMO products promote resistance to pain,
swelling, and tenderness caused by arthritis.
11. In truth and in fact,
- A. The issuance of U.S. patents does not prove that respondents' CMO products are
effective in treating or alleviating the symptoms of rheumatoid arthritis and
osteoarthritis.
-
- B. Laboratory tests do not prove that respondents' CMO products promote resistance to
pain, swelling, and tenderness caused by arthritis.
Therefore, the representations set forth in Paragraph 10 were, and are, false or
misleading.
12. 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 sixteenth day of May, 2000, has issued
this complaint against respondents.
By the Commission.
Donald S. Clark
Secretary
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