CMO DISTRIBUTION CENTERS OF AMERICA, INC., a corporation, and KALON
SAMULONIS, individually and as an officer of the corporation.
DOCKET NO. C-3942
The Federal Trade Commission, having reason to believe that CMO Distribution Centers of
America, Inc. and Kalon Samulonis, 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 CMO Distribution Centers of America, Inc. is incorporated in the States
of Florida and Michigan and maintains its principal place of business at 6479 Parkland
Drive, Sarasota, FL 34243.
2. Respondent Kalon Samulonis is the President of the corporate respondent. He
formulates, directs, and controls the acts and practices of the corporate respondent,
including the acts and practices alleged in this complaint. His principal office or place
of business is the same as that of the corporate respondent.
3. Respondents have promoted, offered for sale, sold, and distributed to the public
products containing a substance described as cetylmyristoleate,
cerasomal-cis-9-cetylmyristoleate, cetyl myristoleate, or CMO, including products
identified with the name "CMO™" [hereinafter 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.
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 or
promotional materials for products containing CMO, including but not necessarily limited
to the attached Exhibits A and B. Advertisements for respondents' CMO products have been
disseminated through, among other media, a web site on the Internet. These advertisements
and promotional materials contain the following statements:
[Depiction of
Product
Container]
* * *
The purpose of this web site is to give you the opportunity to learn about the
arthritis treatment breakthrough called CMO™. It is being hailed by doctors, the
media and its users as the cure for arthritis. It has taken 26 years to develope CMO™
and make it available to the public. We urge you to explore this site and learn about this
revolutionary new substance.
* * *
CMO. . . THE DISCOVERY
In 1971, the predecessor of CMO™ capsules, was first discovered by a researcher at
the National Institutes of Health. . . Eventually he discovered that when this substance
was injected near the joints of lab animals it protected them from arthritis. Many years
later he contracted arthritis himself. After his doctor could provide no further relief
through conventional medicine, he successfully injected himself to permanently reverse his
arthritic condition.
* * *
[Depiction of
Scientist]
The San Diego Clinic did the first clinical study on CMO™. That study proved
CMO™ to be of great benefit to osteo, rheumatoid and reactive arthritis. Subsequent
data proves its value for nearly all other forms of arthritis except gouty arthritis.
* * *
HOW IT WORKS
In their October 28, 1996 issue, Time magazine reported on the three most promising
developments in arthritis research. The scientists participating in all three projects are
intensely focused on intervening in the immune system's involvement in the arthritic
process. According to doctors, that is exactly what CMO™ does. It corrects the
disease at the source in the immune system. Dr. Len Sands the director of the San Diego
Clinic says: "Unlike everything else made for arthritis, you don't have to take it
over and over again. CMO™ is not a pain reliever, anti-inflammatory, cortisone or
other steroid. CMO™ is an immunomodulator, it regulates your immune system. There's
never been anything like it before for arthritis. Instead of treating the symptoms of pain
and inflammation, CMO™ capsules act directly against the cause of arthritis, the
memory T-cells in your immune system that create the attacks against your joints. Once the
error in your immune system is corrected by CMO™, the attacks on your joints stop and
the pain and inflammation should be relieved forever. Once the problems are corrected,
they stay corrected and you no longer need CMO™ or other arthritis remedies."
WHY IT IS DIFFERENT
CMO™ is not a conventional product. There's never been anything like it before.
It's not a pain reliever, herb or anti-inflammatory. CMO™ is a natural
immunomodulator. It has the unique ability to normalize the immune system. CMO™ acts
directly to regulate and normalize the malfunctioning immune system and stop the arthritic
process itself. Once that occurs, the destruction stops, and the pain and inflammation are
automatically relieved. Your body then has a chance to heal itself and return to normal.
* * *
CMO is:
FAST
LASTING RELIEF IS JUST A FEW DAYS AWAY
Most users report significant relief in two weeks or less. Even in severe cases it
rarely takes longer than 21 days.
EASY
ONLY ONE SET OF ORAL CAPSULES
Take three capsules in the morning and then again at night for 16 days, then say
goodbye to the problems of arthritis. Only one bottle is all that is needed in most cases.
SAFE
NO SIDE EFFECTS
CMO™ is not like the many medicines for arthritis that are toxic. CMO™ is not
even like the several types of vitamins that are toxic at high levels. CMO™ has been
tested and shown to have no ill effects whatsoever. To date thousands upon thousands of
people have used CMO™ to relieve the symptoms of arthritis and there are no reported
ill effects from anyone.
EFFECTIVE
IT WORKS FOR ALMOST EVERYONE
It works for both osteoarthritis and rheumatoid arthritis. It works for all other types
of arthritis except gouty arthritis. CMO™ has been effective on nearly everyone that
does not have severe liver damage. CMO™ almost always provides relief of pain,
swelling and return of mobility. In the clinical studies they found a few cases that only
received 70% to 100% relief. Relief provided by CMO™ was invaluable and the subjects
were able to return to a normal life.
NATURAL
DRUG FREE PAIN RELIEF
CMO™ is the commercial name for cerasomal-cis-9-cetylmyristoleate. It is naturally
derived from beef. Similar substances have long been used in common foods including cheese
and chocolate. This treatment is accepted by the modern medical community. It is natural,
drug free and non-toxic.
PERMANENT
TAKE CMO™ ONLY ONCE
One bottle of capsules is all you should ever need for relief from the symptoms of
arthritis for the rest of your life. Most affected persons need to take CMO™ for only
a couple of weeks. No further treatment or medicines are needed, not even CMO™. Once
CMO™ has done it's work stopping arthritis the benefits continue for long periods of
time as your body repairs and reverses the damage done by arthritis.
* * *
What do doctors say about CMO?
Dr. Douglas wrote in his newsletter: "A New Miracle Cure for
Arthritis ...now we have a new star on the horizon that promises as much (or more) than
the old sure-cures."
Dr. Muller of Ferndale, Mich. says there's a cure. He knows, he's
taken it. Dr. Muller had osteoarthritis for 30 years. Bravely he forged ahead into the
naturopathic remedy and tried CMO™. Dr. Muller is no longer troubled by arthritis.
Dr. Hunt was so impressed by CMO™ he wrote a book called
"Boom, You're Well". In that book he says: "...rheumatoid arthritis damages
tissues, causes extreme suffering, and premature death. ...If you have rheumatoid
arthritis, or you know someone who has it, then you know I am reporting a miracle ... A
MIRACLE."
Dr. Sands the director of the San Diego Clinic knows there's a cure.
He's taken it and now he says, "I was rescued from arthritis". In fact that is
the name of his forthcoming book about CMO™. In that book he says, "The
arthritic process can be halted. Arthritis can be reversed. The pain and inflammation can
be relieved. And it's all been done without any harmful side effects."
What is the media saying about CMO?
Books, Television News, Radio Health Talk Shows, Medical Newsletters and
Scientific Journals all report CMO™ to be a revolutionary breakthrough!
* * *
What are people saying about CMO?
"It's a miracle! Ten years with arthritis ... three in a wheelchair ... and now
I've got a completely normal life again. Just watch me make up for lost time."
* * *
"Even as a doctor, I find CMO™ miraculous. It cured my knee problems, and
it's performing every bit as well for my patients, too. I've seen several 'miracle cures'
already."
"After nine years of crippling pain, I can't believe I'm actually skiing again.
CMO™ is truly incredible."
* * *
"Imagine my agony. I was a professional athlete all my life. CMO™ gave me
back my life. Even knee surgery didn't do that for me. It's amazing how CMO™ ended up
fixing all my joints."
FREQUENTLY ASKED QUESTIONS
The following questions were answered by the doctors, staff and research associates of
the San Diego Clinic:
* * *
Will it correct deformities?
Yes. Deformed fingers and toes are often caused by inflammation which swells joints and
pushes the bones out of place. Reduction of the swelling alone improves appearance
dramatically and often allows the dislocated bones to return to their normal positions.
Extreme cases may require some physical therapy.
What about really severe cases?
Even most persons previously confined to bed or to wheelchairs have responded
dramatically and are now no longer dependent on others for care. A number of these cases
received additional benefit from repeating the treatment one more time...
* * *
Is it expensive?
The cost of the treatment is very modest. Most arthritis victims are already spending
more on pain and anti-inflammation medications in just a few months. Since you usually
need to take only one set of CMO capsules, it actually saves thousands of dollars in the
long run.
* * *
Is CMO used for any other ailments?
Current studies include CMO as a part of therapeutic protocol for other disorders with
autoimmune components including multiple sclerosis, leukemia, lupus, emphysema, certain
cancers, begin prostrate hyperplasia, silicon breast disease, and especially asthma.
* * *
ORDERING
* * *
Toll free in the US: 1-800-909-CURE
* * *
Manufacturers Statement
Modestly speaking, CMO™ is a revolutionary new product. CMO™ is naturally
derived, it is sold only as a dietary supplement not intended to treat, cure, or diagnose
any disease.
[Exhibit A, http://home.earthlink.net/~cmocure/cmocure/]
B.Letter of Introduction
* * *
This site contains exciting information about a naturally derived substance called CMO.
It is being hailed by it's users, doctors and the media as the cure for arthritis...
CMO has been clinically tested and found to relieve the symptoms of virtually all forms
of arthritis except gouty arthritis. CMO is a one time treatment consisting of 100
capsules taken orally over a period of 16 days. The benefits of CMO should last a
lifetime. CMO is reported to be effective on 80% of the people who have used it as a
dietary supplement. In clinical studies with a controlled diet, CMO has been reported to
be effective on 96% of the people who have used it. CMO can benefit almost everyone who
suffers from arthritis with just one treatment. The treatment program is fast, easy, safe
and very effective. CMO can halt arthritis and prevent future pain, swelling and
stiffness. CMO can rescue someone from the physical damage that a future with arthritis
holds.
* * *
The History and Discovery of CMO
* * *
With the research concluded, effectiveness improved, medical community acceptance,
imposters and counterfeiters in check, the television commercial finished, the books
written, and the distribution arranged, CMO can finally finish it's 26 year long journey
from the point of discovery to benefit the general public.
* * *
Who says there's a cure for arthritis?
Time Magazine
As we mentioned earlier in the CMO Information section, in their October 28, 1996
issue, Time magazine reported on the three most promising developments in arthritis
research. The scientists participating in all three projects are intensely focused on
intervening in the immune system's involvement in the arthritic process.
According to doctors that is exactly what CMO does. It corrects the disease at the
source in the immune system and doesn't require a lifetime maintenance program.
* * *
What will cure arthritis?
Dr. Jason Theodosakis' book The Arthritis Cure for gives the impression that
glucosamine and chondroitin sulfate are the cure for arthritis. In fact neither of those
substances have any effect on arthritis...Even the Arthritis Foundation says The Arthritis
Cure is not recommended and they cannot recommend glucosamine and chondroitin sulfate as a
treatment for osteoarthritis or any other form of arthritis.
* * *
Speaking of the Arthritis Foundation, they will neither confirm, nor deny that CMO is
the cure for arthritis. We are aware of several cases where CMO was presented members of
the AF. In turn, they were cured and presented CMO to AF staff. To this day, despite the
fact that CMO has cured some of their members, the only official comment the AF has made,
was to suggest that when taking CMO, you should consult your physician before reducing
steroids or other medications.
According to doctors, clinical studies, users and the media, CMO would certainly seem
like the most likely candidate to be given the true title being of a "cure" for
arthritis. When asking Dr. Sands if CMO is the only cure for arthritis he replies:
"According to the Journal of Rheumatology (1993; 20:137-140) bone marrow
transplants seem to have succeeded in curing two cases of arthritis."
* * *
Research
CMO Distribution Centers of America in conjunction with the San Diego Clinic act as a
clearing house for all the latest information on CMO. With this joint research effort, a
network of communication is established between all medical professionals and
distributors. This allows for up to the minute information sharing. This will facilitate
the application of CMO to uses other than for arthritis. Currently, studies for the use of
CMO on other auto-immune diseases are in progress. It is hoped that the Lupus Foundation
will conduct one such study. We have offered to fund the protocol.
Current studies of CMO as a part of therapeutic protocol for other diseases include
asthma, sclerederma, fibromyalgia, lupus, emphysema, certain cancers, and benign prostrate
hyperplasia.
* * *
Case Histories
Condensed Highlights From Case Histories
Recorded By The San Diego Clinic
* * *
From case history #33
Medical Doctor. Auto wreck ten years earlier damaged hip, caused limp and arthritis.
CMO relieved pain permanently in one day for the first time after many years. The limp
problem is irreparable. Ordered CMO for his patients.
* * *
From case history #24
Female. Age 50. Family history of arthritis. Pain in shoulders. Severe pain, limited
mobility, and gross swelling in hands and fingers. By the third day of CMO, hands were
free of pain, mobility had increased immensely, and finger swelling decreased so
dramatically she had to have all her rings re-sized. Repeated treatment three weeks later.
Totally free of pain and inflammation since. For the first time in many years, she was
recently delighted to experience a pain-free skiing holiday.
* * *
From case history #11
Male. Age 58. Ex football player. Clinically obese. Had knee surgery three times about
15 years ago. Had extreme pain upon lying down. Often slept in a recliner chair instead.
With his first evening dose of CMO capsules, he slept soundly and arose the next morning
completely free of pain. He has enjoyed continuing pain-free remission ever since the
first day.
* * *
From case history #32
Female. Age 66. Rheumatoid arthritis rendered hands useless, gnarled, inflexible,
agonizingly painful six years ago. Pain relieved and full use of hands restored after five
days of CMO.
* * *
Suggested Use
* * *
Methotrxate:
. . .Request that your doctor allow you to discontinue these drugs for at least one
week prior to starting CMO. Consult with your physician before making any changes to your
current medications.
Steroids:
. . .If you are taking cortisone or other steroids, advise your doctor that it would be
better to avoid them or reduce their dosage levels. If not ask him about taking half
doses. Then as your pain disappears you may request that he discontinue them completely.
Consult with your physician before making any changes in your current medications.
* * *
Marketing & Sales
Market Information
* * *
Current studies of CMO as a part of therapeutic protocol for other diseases include
asthma, sclerederma, fibromyalgia, lupus, emphysema, certain cancers, and benign prostrate
hyperplasia. The CMO Distribution Centers and San Diego Clinic team have dedicated
themselves to that research and the results will expand the market potential of CMO to
other diseases.
[Exhibit B, http://home.earthlink.net/~cmocure/cmo/]
6. Through the use of the web site address "cmocure," the use of the
telephone number "1-800-909-CURE," and the means described in Paragraph 5,
respondents have represented, expressly or by implication, that:
7. Through the means described in Paragraph 5, respondents have represented, expressly
or by implication, that "case histories" and 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 use of the web site address "cmocure," the use of the
telephone number "1-800-909-CURE," and 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 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; or in
comparison to prescription medications for the treatment of arthritis or the relief of
arthritis symptoms; or in the treatment of multiple sclerosis, leukemia, lupus, emphysema,
cancer, benign prostate hyperplasia, silicone breast disease, asthma, fibromyalgia, or
scleroderma. 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 5, respondents have represented, expressly
or by implication, that:
11. In truth and in fact,
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