Dr. Huemer stated that he does not get involved in holistic medicine, Chinese or Hindu remedies, acupuncture, or spiritual or psychological approaches (Tr. 500). Dr. Huemer stated that he has seen between 600 and 800 and 800 new patients a year since 1975. His office is located in a middle class residential community. He has identified nutritional problems in a large percentage of the patients that he has seen. Although the stereotype of malnutrition is the undernutritioned person, malnutrition can also include nutritionally imbalanced and obese people. It is a frequently repeated misconception that the American diet supplies enough vitamins. This is not true (Tr. 500-502). He stated that he was taught in medical school that 80 percent of patients have functional or psychological complaints. He believes this figure is grossly overstated. It is a catch-all to cover our ignorance (Tr. 506).
He testified that groups who are likely to have nutritional deficiencies include the elderly. They tend not to eat as well as younger people, especially if they live alone. They eat foods that are easier to prepare and convenience foods like potato chips. Also, elderly people may not have sufficient funds to buy appropriate food. Poor people also are trapped by diet into a cycle of poverty. Pregnant malnourished women will have sub-standard offspring with inadequate brain development. Also, food fadists such as those who go on the latest crash weight loss diet that they read about in ladies' magazines may suffer from inadequate nutrition (Tr. 507-508).
Dr. Huemer stated that he found the work of Dr. Herman Baker and Dr. Levy, as contained in Respondents' Exhibit 19, to be reliable in showing that the elderly have nutritional problems. He believes that elderly people have higher requirements and greater deficiencies for nutrients. Also, vitamin requirements increase during pregnancy (Tr. 514). However, he stated that he prefers to recommend foods as sources of nutrients whenever possible (Tr. 514).
He indicated that some of the theoretical sources of deficiencies are as follows: 1. Higher individual requirements for certain substances by some people. There is need to study this more. 2 Malabsorption. This refers to nutrients passing out in the stool. 3. Poor intake. The debasement of the food supply by the American food industry. There is a showing that people who are highly processed diets had a higher instance of illness (Tr. 515).
With regard to RDA's, Dr. Huemer testified that foods can lose nutrients in cooking, processing and canning. Thus, nutrients analyzed may differ from those eaten (Tr. 517). He further stated that there is no average American requirement. This varies from one person to another. He was reminded of a statistician who drowned in a stream which had an average depth of three feet. There are approximately 40 known nutrients. We don't have RDAs for all 40. Statistically, there is a reasonable chance that not all the people in the United States will be well-nourished by RDA criteria. He uses RDA standards as guides (Tr. 517, 518).
Dr. Huemer uses supplements extensively. These include 50 to 60 vitamins, minerals, glandular products, multivitamins, herbal products such as ginseng, as well as non-essential nutrients such as choline, inositol and amino acids (Tr. 519).
He found Neocel products to be good formulations. He stated that they are quite complete, contain a whole range of nutrients, and are rather well-balanced. If a patient does not eat properly or is under stress, it is better for him to have too many nutrients than not enough. Such products give the patient a cushion (Tr. 520, 521).
He stated that the Neocel enzyme supplement is a vegetable concentrate powder. In general, vegetables are good sources of vitamins and minerals. The vegetable powder could be there for that purpose or it could serve as a base. Tablets which contain yeast afford better absorption (Tr. 522). He stated that RNA carries a copy of the genetic blueprint or plan and the yeast in Neocel is rich in RNA. Yeast RNA provides raw materials that build RNA in cells. He stated that bee pollen is noted for its mineral content.Spleen powder and thymus powder are believed to nourish the glands and provide sources of nutrients. Desiccated liver is a source of vitamins and minerals. Fish concentrate 28-65-217 disputant to has respondent order Helps to activitate enzymes. Lecithin is a source of lipids and is used to manufacture cell membranes (Tr. 522-524).
With regard to Neocel 2, which is a mineral supplement, he stated that the minerals present are nowhere near the toxic range and are of considerable biological importance (Tr. 525, 526).
Dr. Huemer testified that Neocel products will tighten and improve connective tissue under the skin. He agrees that they will make an individual look and feel younger, assuming the individual needs nutrients. Many individuals need one or more nutrients. Symptoms of need are tiredness and feeling older. If the prepara tion improves tiredness, the individual will feel younger. If it improves skin tone, the individual will look younger. He believes that these products will increase energy and stamina levels in that they will improve tiredness feelings. As to the claim that Neocel products will reverse and prevent cell degeneration, he stated "I should think that they would." He stated that selenium and vitamins C and E will prevent and reverse cell degeneration. Vitamins A and C can reverse cancel cells which he considered degeneration. As to the claim that Neocel makes more oxygen available for use by the cells, he first answered "I don't know that specifically" but then he stated "Yes, because of its iron and copper." (Tr. 526-529).
Dr. Huemer stated that he has given yeast RNA to elderly patients who have many deficiencies. His impressions are favor able. His patients report subjectively that they sense improve- ment in memory, such as remembering phone numbers. He does not have any controlled studies to support this conclusion. However, he indicated that Dr. Cameron, who gave yeast RNA, administered intra- venously and orally, to elderly patients with memory defects of various causes such as senility and arteriosclerosis, obtained significant improvement in memory. Intravenous doses were more effective than oral doses but there were more adverse reactions from intravenous doses. Cameron's article appeared in the American Journal of Psychiatry. Dr. Huemer is not certain that this is a peer review publication. These studies suggest to him that oral RNA is effective (Tr. 530-537).
Dr. Huemer stated a theory that digestive enzymes from the pancreas break down RNA molecules into fragments which are water-absorbed and then built up into other molecules (Tr. 538, 539). However, there are no tests to support this theory.
When asked if the average American diet is sufficient in RNA, Dr. Huemer answered that the average American diet is highly processed. He is not aware whether food processing depletes RNA in the diet but this would not surprise him (Tr. 541).
Dr. Huemer stated that SOD, like all enzymes, is a protein. He knows of no studies that indicate that SOD can be absorbed into the body if taken orally. However, he believes that several kinds of proteins can make it into the body through the gastro-intestinal system (Tr. 543).
Dr. Huemer stated that he has not personally done any double-blind studies. He takes a more relaxed view of things. Dr. huemer believes that a test of whether a method is scientific is whether it works for the purpose for which it is intended. He agrees that questions of safety should be established beyond all doubt. He believes that properly conducted double-blind studies should be mandatory before a therapeutic drug is put on the market. This is because drugs alter natural processes and can have harmful side effects. He does not apply the same standard to natural substance in nutrients because there is a nearly zero risk of harm. He stated that if the risk of harm is near zero and the beneficial effect is unknown, he will tend to use an ingredient. The worst that can happen is that someone will spend money for something that is unnecessary. As an example, he stated that there is no double-blind study to confirm or deny whether or not, as contended by Linus Pauling, vitamin C is effective in reversing cancerous formations in malignant cells. However, with little or no risk and potential benefit, he would consider it immoral to withhold the benefit. However, when asked if he would prescribe vitamin C for cancer to the exclusion of all else, he responded, "Heavens no." (Tr. 547-551).
Dr. Huemer has not used Respondents' GTF formula in his practice although he has used other forms of GTF for diabetic patients (Tr. 555, 556). He stated that it is unquestionable that a chromium deficiency occurs in the American diet (Tr. 558). Also, processing of foods, such as white flour and white sugar, and canning removes chromium. Thus, people who use processed foods are likely to have chromium deficiencies (Tr. 558).
Since no RDA has been established for chromium, Dr. Huemer thinks that it is presumptuous for Dr. Herbert to say that people have no deficiency (Tr. 559). Dr. Huemer stated that the main medical indication of a chromium deficiency is impaired glucose tolerance (Tr. 560). However, there is reason to believe that arteriosclerosis may, in part, result from a chromium deficiency (Tr. 561).
He gives GTF to patients who have an elevated blood sugar and history of diabetes. The results are improvements in glucose tolerance. It is very likely that GTF has an effect on hypoglycemia. He believes that chromium also reduces serum cholesterol and triglyceride levels (Tr. 562-565).
Dr. Huemer stated that ginseng is quite commonly used in the Far East and has a reputation as a "cure-all" there. Ginseng contains steroids. It was found that under certain conditions tumor growth in mice was inhibited by ginseng extract (Tr. 566). He stated "this is a tremendously complicated therapeutic agent." (Tr. 567).
On cross-examination, Dr. Huemer stated that he is not board- certified (Tr. 568). He admitted that mixing cells of different animals stimulated the type of cell division that is cancerous or carcinogenic (Tr. 568, 569).
He stated that Linus Pauling presented cogent arguments that increased intake of vitamin C could improve the function of cells and extend life by about eight years. However, Dr. Huemer conceded that this is not a generally accepted use of vitamin C (Tr. 570, 571).
He admitted that very large doses of vitamin C such as five to ten grams a day could be toxic. Large doses could cause kidney stones. He stated that vitamin A toxicity is a more worrisome matter, "although not to the point of hysteria." In one experiment, adults taking several hundred thousand units a day above the RDA for several months developed toxicity (Tr. 576, 577).
Dr. Huemer stated that the United States Department of Agriculture studies found vitamin A and iron deficiencies to be 20 to 25 percent. Complainant's Counsel agreed with Dr. Huemer with regard to iron deficiencies in women of child bearing years but he though that the others were slight and there were but minor instances of deficiencies in other people. In answer to Complainant's Counsel's questions, Dr. Huemer agreed that the typical pizza-eating, hamburger-munching citizen of Orange County probably gets enough protein from his diet (Tr. 582-584).
Dr. Huemer stated that he did not do any tests with regard to Neocel creme. He is not a dermatologist and he feels uncomfortable when testifying about dermatology (Tr. 585). With regard to the contention that Neocel decreases gray in hair, he stated that paraominobenzoic acid (PABA) in one Neocel product is reputed to reduce gray. However, he admitted that this is based on one rat study made many years ago which was not repeated. He knows of no double-blind study which supports this contention (Tr. 587). He stated that the placebo effect may be as high as 50 percent (Tr. 588). He stated that Neocel may make people look and feel younger and increase energy and stamina levels but admitted that there may be a large placebo effect with respect to this (Tr. 592). With regard to the claim that Neocel will prevent and reduce cell degeneration, he stated that if a deficiency contributed to this, nutrient intake would help. However, if the individual had no deficiency, it would not help. Similarly, Neocel will not help make more oxygen available for use in cells in people who have enough oxygen (Tr. 595, 596).
Dr. Huemer stated that he is not aware whether or not the normal diet contains enough SOD of the type in Respondents' product (Tr. 597). He would expect that SOD of this type will be digested, but he is not sure (Tr. 598). As for the contention that SOD will slow cell degeneration, he stated that this would have to be by destroying free radicals. However, he knows of no study which establishes that this product can improve cellular oxygen (Tr. 598, 599).
Dr. Huemer knows of no information to support the claim that Respondents' SOD product will protect genetic material within the cells (Tr. 599). As to the claim that this will prevent unnecessary oxidation in the body, Dr. Huemer stated that in general he would expect this. However, he was hesitant and uncertain about the product in question, and he had no data to support this claim (Tr. 599, 600). He also knew of no facts to support the claim to neutralize and destroy free radicals (Tr. 600).
As to the ingredients in the Neocel Enzyme product, he stated that some types of vegetable powder, for instance pineapple and papaya extract, can have enzyme activity. He stated that, in general, proteins and enzymes are broken down in the gastro intestinal system but some may be absorbed intact. Bee pollen is perhaps a sources of trace minerals be he is uncertain as to which ones. The thymus gland could be a hormone but conventional wisdom is that it will not be absorbed (Tr. 602).
Dr. Huemer stated that the average, healthy person manufactures all the RNA he needs in foodstuffs not including RNA (Tr. 604). There is no RNA deficiency syndrome that he has found in any textbook. However, that is not to say that such a deficiency cannot occur (Tr. 604). As to the claim that RNA will retard the aging process by enriching the body's cells, Dr. Huemer is not sure that he knows what that statement means (Tr. 604).
Dr. Huemer stated that he has seen few people who markedly were deficient in chromium (Tr. 613). He stated that he has not experience in the use of chromium for hypoglycemia (Tr. 614, 615). He stated that it is highly probable that chromium will help only those who are deficient.
Dr. Huemer stated that he has used ginseng as a anti-stress agent and as a mild stimulant. With regard to Complainant's Exhibits 115 and 116, a copy of a New Rochelle Medical letter and an article from the Journal of the American Medical Association, respectively, which deal with ginseng toxicity, Dr. Huemer stated that both seem reliable and accurate. He stated that he has not encountered ginseng abuse in his practice since he uses fairly low doses. However, this is an area of possible abuse by the layman since the products are widely available in health food stores (Tr. 619, 620).
Dr. John Paul Reeve stated that in 1978 he obtained a doctorate in naturapathy after an eight-month course. He expects to receive a chiropractic degree next month.
Dr. Reeve formulated Brainpower. He has studies and been interested in herbs for many years. Mr. Rinaldi, the editor of Body Forum Magazine, which is owned by Braswell Corp. asked Dr. Reeve to formulate Brainpower. Dr. Reeve receives royalties from Brainpower's sales (Tr. 634). He identified Respondents' Exhibits 29 through 33, which are articles that describe the effects of ingredients included in Brainpower. The articles contained in Respondents' Exhibit 29 state that sweet almond is high in calcium, protein, and phosphate; nourishing for the brain, nerves, muscular weaknesses, and weak digestion; and contains potassium and magnesium phosphate. Based on that, he concluded that this is a nutrient that would tone up the body, primarily the nervous system and the brain (Tr. 635-637). Respondents' Exhibit 30 indicated that gotu kila is relatively safe, has long been used in India and is thought to energize and preserve the brain (Tr. 637). Respondents' Exhibit 31 deals with ginseng. Dr. Reeve stated that most authorities mention that ginseng has a stimulant action on the nervous system and has been known for thousands of years in the Orient (Tr. 638). Respondents' Exhibit 32 emphasizes holy thistle or blessed thistle's tonic use for toning, its affect as a stimulant and its lack of negative side effects (Tr. 639). Respondents' Exhibit 33 states that capcicum or cayenne stimulates the flow of blood through the body as a carrying agent and increases the metabolic rate (Tr. 640).
He used these herbs on himself and found them helpful (Tr. 640). He believes that they will improve the mental capacity, stimulate and have a toning effect on the brain and nerves, rejuvenate the nervous system in the sense of bringing vigor and stimulation and improve the function of the optic nerve and spinal column (Tr. 641, 642).
On cross-examination, Dr. Reeve stated that he conducted no double-blind studies for Brainpower. However, he believes that double-blind studies may have been conducted for ginseng (Tr. 642, 643).
I found Complainant's witnesses to be individuals of the highest academic credentials. They are experts at the very top ranks of their fields, who appear to be recognized by their peers as authorities in their specialties. All three of Complainant's witnesses testified responsible and consistently with themselves and with each other. They supported their conclusions with logical reasoning. I found them to be truthful and persuasive.
Dr. Kugler attempted to substitute quantity of testimony for quality. He talked at great length, in generalities and frequently wandered from the subject. He did not support many of his conclusions with logical information. Additionally, I had questions with regard to his credibility, especially when he was asked whether he relied upon various articles. I felt that in many instances he was not truthful. There were contradictions in his testimony. I found him to be an unreliable witness.
I found Dr. Huemer to be more reliable. However, his credentials were not as good as those of any of Complainant's witnesses. He is not board-certified. His medical associations are not as impressive as Complainant's witnesses. He published articles on nutrition in peer review journals such as those in which Complainant's witnesses frequently published. I had no reason to question Dr. Huemer's sincerity or credibility. In fact, I was impressed by his candor in admitting his lack of knowledge in certain areas and in making some statements which were not helpful to Respondents. This contrasted with Dr. Kugler, who seemed determined to advocate Respondents' positions regardless of whether or not the facts supported his statements.
I also found Dr. Reeve to be an unimpressive witness. His conclusions regarding Brainpower were not based upon any scientific testing but merely upon various untested claims which he read, sometimes tested on himself, and then accepted. Furthermore, since he formulated the product and shares in its royalties, he has much to gain by praising Brainpower.
The parties also introduced an extensive number of exhibits into evidence. Complainant's Exhibits included copies of advertisements of Respondents' products, which are in issue, transcripts of labels for those products, copies of curricula vitae of its witnesses, affidavits of its witnesses, copies of documents relating to the transmission of the products by mail, copies of Body Forum magazine and a photocopy of material relating to Donsbach University.Respondents' Exhibits included copies of curricula vitae of its witnesses, articles regarding nutrition, a copy of Dr. Kugler's computer profile and various other articles. I have considered all of these exhibits. Unless an exhibit is relied upon in my findings of fact, I consider it to insufficiently persuasive or irrelevant.
CONCLUDING FINDINGS AND
CONCLUSIONS OF LAW
I. Respondents Obtain Money Through The Mail In Connection With The Sale Of The Products At Issue In These Cases
Respondents' businesses are largely dependent on mail order sales. Most of their advertising materials contain a coupon inviting the prospective customer to remit money through the mail to the address specified in the advertisement. In the alternative, the customer is urged to use the order form and business reply envelope included in each issue of Body Forum magazine. Examples include the advertisements in CX 1 and 3 (for SOD); CX 11 and 15 (for GTF); CX 18 and 19 (for Brainpower); CX 22 and 23 (for YES); CX 24 and 25 (for NEOCEL); and CX 33 and 34 (for RNA).
II. Respondents Make the Representations Alleged in Paragraphs 3 of the Complaints
The following are allegations contained in paragraph three of each Complaint and quotations from Respondents' advertisements in which the representations are made.
THE NEOCEL SYSTEM (Docket Nos. 9/173 and 9/174)
(a) The NEOCEL system will improve skin tone.
"Most patients reported an improvement in skin tone."
(CX-24)
"Among them was an improvement in skin tone."
CX-28)
"THE RESULTS. Dr. Frank reports that many of his test subjects experienced an improvement in skin tone."
CX-30)
"And in fact, Dr. Frank reports an improvement in cell quality among his Neocel patients. Improved skin tone, fewer wrinkles, decrease in graying hair and even better nail growth were all in evidence."
CX-31)
"Regular supplementation of Neocel imparted amazing effects. Among them was an improvement in skin tone."
CX-32)
(b) The NEOCEL system will lessen the severity of wrinkles more effectively than ordinary moisturizers.
"Neocel creme in combination with the other nutrients in the system helps fade the visible results of aging. With Neocel creme, wrinkles are not so noticeable, and age spots lighten. The whole package of nutrients feeds the skin from the inside and the outside.
CX-25)
"Wrinkling decreased and skin actually became tighter."
CX-27)
"Dr. Frank reported that many of his test subjects experienced a visible tightening of facial skin, resulting in a decrease in the severity of wrinkles."
CX-28)
"The visible tightening of skin resulted in a marked decrease in the prominence of wrinkles and loose flesh, especially in the facial area."
CX-30)
"Neocel cream will reduce wrinkling after only several weeks of daily use. Special prob- lem areas such as wrinkles on the forehead, 'crows feet' around the eyes, and 'liver spots' disappear with daily use after only a few months."
(CX-52f)
"Neocel creme in combination with the other nutrients in the system helps fade the visible results of aging. With Neocel creme, wrinkles are not noticeable, and age spots lighten. The whole package of nutrients feeds the skin from the inside and the outside."
CX-76)
(c) The NEOCEL system will decrease the amount of gray in the hair.
"From his work with nucleic acids and antioxidants, amazing results include patients who reported ... a decrease in the amount of gray in their hair."
(CX-25)
"Graying hair subsided."
(CX-27)
"Another visible effect was a decrease in the amount of the test subject's gray hair."
(CX-28)
"And a large number of Dr. Frank's test subjects saw a decrease in the amount of gray in their hair."
(CX-30)
"Another visible effect was a decrease in the amount of the test subject's gray hair."
(CX-32)
(d) The NEOCEL system will make the individual look and feel younger.
"PATIENTS LOOK AND FEEL
YOUNGER WITH NEOCEL."
(CX-24)
"DR. FRANK'S DECADE OF
RESEARCH CAN GIVE YOU
YEARS OF ADDED YOUTH."
"The many benefits of Neocel mean years of added youth for you."
"Dr. Frank noted that his patients who regularly used Neocel showed dramatic improvements in youthfulness."
(CX-27)
"A DOCTOR-DEVELOPED SYSTEM
FOR LOOKING YOUNGER."
(CX-29)
"THANKS TO THIS DOCTOR,
YOU CAN LOOK
AND FEEL YOUNGER FOR
YEARS TO COME."
(CX-31)
"Science Develops
A System For
Staying Young."
(CX-83)
(e) The NEOCEL system will significantly increase the user's energy stamina levels.
"The majority of Dr. Frank's patients also reported an increase in energy levels, more stamina, and better endurance."
(CX-24)
"More importantly, the test subjects felt a dramatic increase in stamina and energy after only two weeks. This was due to no ordinary set of circumstances. Dr. Frank's Neocel System produced these extraordinary results."
(CX-25)
"But most important were the overall improvements in stamina and energy. After only one or two weeks, patients reported impressive new levels of a general feeling of well-being and renewed vitality."
(CX-27)
"Dramatic increases in stamina and energy were reported by the test subjects, most ex- periencing greater vitality after taking Neocel for only one to two weeks."
(CX-28)
"INCREASED ENERGY LEVELS.
The majority of Dr. Frank's test subjects reported an increase in stamina and energy after taking Neocel for only a few weeks."
(CX-30)
"Dr. Frank's subjects also reported increased energy levels and stamina after using Neocel for just several weeks."
(CX-31)
(f) The NEOCEL system will prevent and reverse cell degeneration.
"WORKS TO IMPROVE
CELL QUALITY.
Neocel contains a combination of grandular extracts, vitamins, enzymes, minerals, and nucleic acids. Most of these nutrients are not available in optimal amounts in the food we eat, or in ordinary nutritional supplements.
The Neocel System works to improve cell quality. Each cell in your body contains genetic material that controls not only color of your hair and eyes, but how fast you age. It stands to reason, that if you improve your cells, you then improve your entire body. The aging process is, after all, basically cell degeneration."
(CX-25)
"Dr. Frank believes this is because Neocel's ingredients help release more oxygen for use in the cells."
(CX-27)
"The nutrients in Neocel appear to allow better quality reproduction take place. sic The ensuing improvement in cell quality is demonstrated by the dramatic visual changes in appearance noted by Dr. Frank."
(CX-28)
"NEOCEL IS DR. FRANK'S
EXCLUSIVE FORMULA
FOR FIGHTING CELLULAR
DEGENERATION."
(CX-31)
"Neocel's nutrients are designed to induce better cell functioning. By supplying nucleic acids that serve to enhance your cell's reproductive ability, an improvement in cell quality takes place."
(CX-83)
(g) The NEOCEL system will make more oxygen available for use by cells.
"High-quality cell reproduction and optimum cellular oxygen certainly appear to be major factors in the startling visible improvements and energy increases reported by Dr. Frank's patients."
"So he began formulating a combination of nutrients --vitamins, minerals, enzymes, nucleic acids and glandular extracts --especially designed to promote healthy cell reproduction and oxygen levels.
Neocel was the remarkable result."
(CX-27)
"thus the blood hemoglobin releases more oxygen for the cell's use."
(CX-28)
" T he ingredients in Neocel decrease the affinity of hemoglobin for oxygen. Thus the blood hemoglobin releases more oxygen for the cell's use."
(CX-32)
SUPEROXIDE DISMUTASE (SOD) (9/175), 9/176)
(a) The use of SOD will slow the aging process by retarding cell degeneration.
"WHY GROW OLD"
BEFORE YOUR TIME?"
"... which means cell membranes aren't as prone to break down."
If you'd rather not grow old before your time, use the postpaid enveloped or the coupon below and order Dismutase today."
(CX-1)
"CELL DEFENSE
STOP AGING
AT THE SOURCE
WITH SOD."
(CX-2)
"So if you'd like to avoid the un- appealing consequences of premature aging due to cellular degeneration, take Dismutase."
(CX-4)
"CELLS. THE BASIC UNIT OF LIFE.
IMPROVE THEM AND IMPROVE
THE QUALITY OF LIFE."
(CX-7)
"WHY DOCTORS THINK
DISMUTASE CAN SLOW
THE AGING PROCESS."
(CX-8)
(b) The use of SOD will increase and stabilize cellular oxygen at optimum levels.
"Dismutase helps stabilize cellular oxygen at the optimum level."
(CX-1)
"Thus, cellular oxygen supply remains at its optimal level."
(CX-2)
"As a result, cellular oxygen is stabilized at its most beneficial level. Cell membranes are much less likely to break down."
(CX-4)
"Dismutase has the ability to neutralize and destroy free radicals within the body. This causes cellular oxygen supply to return to higher levels."
(CX-5)
(c) The use of SOD will protect genetic material in the cells.
"So reproductive genetic material is better protected."
(CX-1)
"Superoxide Dismutase tablets provide the dismutase activity needed to protect your cells."
(CX-2)
"And therefore genetic material remains protected."
(CX-4)
"And genetic material is protected as cell membranes become less susceptible to break down."
(CX-5)
(d) The use of SOD will prevent or retard unnecessary oxidation in the body.
"Foreign bodies that consume oxygen intended for the cells are called free radicals. They not only restrict the oxygen supply, but also invade the cell membrane to injure and destroy the reproductive material."
* * *
"Dismutase is able to neutralize and destroy free radicals. This causes cellular oxygen supply to return to higher levels."
(CX-6)
"SOD is an enzyme. Its function is to 'disarm' a specific free radical --super- oxide. SOD turns this into less toxic products. By doing this, SOD keeps un- necessary oxidation from occurring, a process linked to degenerative diseases like obesity. Since cellular oxygen supply remains at its optimum level with SOD, cell membranes are less susceptible to breakdown."
(CX-48d)
RNA 9Ribonucleic Acid) (9/177), 9/178)
(a) The average American diet is deficient in RNA
"RNA Tablets and Creme --RNA transmits the genetic material needed for cellular reproduction. But as we age, RNA levels tend to deplete. This results in poorer quality cell reproduction, one of the signs of degenerative aging."
(CX-45e)
"Except for a few selective foods, it is almost impossible to receive enough RNA through the average diet."
(CX-72)
(b) The ingestion of RNA TABLETS as a nutritional supplement will alleviate the body's RNA deficiency.
"You can supplement that RNA your body needs in two ways. In tablet form, RNA provides all the RNA needed to maintain optimum health and cell quality."
(CX-45e)
"Modern research is showing that there is no need for your RNA to have only 50 cellular reproductive cycles.
Instead, with the proper nutri- tional supplementation, RNA can continue to regenerate, sometimes to over 100 extra cellular reproductions. And healthy vital reproductions. So even if your chronological age is approaching 50, keep your cell cycle strong with RNA creme and tablets."
(CX-43-c and d)
(c) The ingestion of RNA TABLETS will retard the destructive effects of the aging process by enriching the body's cells.
"Science has now demonstrated that RNA can be supplemented to return levels to their normal state. In so doing, cell reproduction improves, eliminating one of the major factors of degenerative aging."
(CX-45e)
"This nutritional supplement enriches each and every cell. Anti-aging experts feel that an RNA supplement to the diet slows down the destructive effects of the aging process."
(CX-72)
Anti-aging experts feel that an RNA supplement slows down the destructive effects of the aging process. Except for a few foods, it is almost impossible to receive enough RNA through the average diet."
(CX-35)
(d) RNA is an integral and essential active ingre- dient of RNA CREME and, whether used separately or in combination with RNA TABLETS, will diminish crows feet and wrinkles and prolonging sic the youthful appearance of the skin.
"RNA may also be supplemented topically with RNA Creme. One application a day can help skin regain tone and youthfulness once thought forever lost."
(CX-45e)
"By moistening and smoothing your face with RNA creme, you can prolong your youthful, beautiful appearance. your skin will be more supple, diminishing crow's feet and wrinkles. With RNA creme, your skin will feel softer to the touch. RNA tablets are an important part of the system to protect your face and your body."
(CX-72)
"RNA Creme provides your skin with nutrients that are particularly important as you reach middle age. These include nucleic acids; those entities that determine the rebuilding process of the cell, the building blocks of life."
(CX-43c)
"RNA creme supplies your skin with a vital nucleic acid that smooths and protects your delicate face.
By moistening and smoothing your face with RNA creme, you can prolong your youthful appearance. Your skin will be softer and more supple, diminishing crow's feet and wrinkles."
. . . . .
"Don't let unnecessary wrinkles betray you. RNA creme and tablets are scientifically formulated to fight the enemies of youth --wrinkles."
(CX-35)
GLUCOSE TOLERANCE FACTOR (GTF) (9/179, 9/180 and 9?181)
(a) The use of GTF will prevent hypoglycemia in the average American.
"If we don't have enough GTF then too much insulin is released into the blood- stream, and our blood sugar is burned too quickly. Hypoglycemia (low blood sugar) can result."
. . . .
"MOST DIETS ARE
LOW IN GTF.
The bottom line here is that most of us have insufficient amounts of GTF in our diets."
(CX-11, 12, and 13)
"GTF helps activate insulin to remove sugar from the bloodstream. Lower levels of GTF mean higher levels of insulin. By supplementing GTF to its normal levels, insulin's potency can be increased so as to reduce the amount released. This ability allows GTF to help control hypoglycemia, and normalize blood sugar levels."
(CX-14)
"GTF helps facilitate insulin to remove sugar from the bloodstream. Lower levels of GTF increase the levels of insulin. And increased insulin levels drive the blood sugar too low, often leading to a condition known as hypoglycemia (low blood sugar)."
"PROTECT YOURSELF
WITH GTF."
(CX-15)
"But that's not all you have to worry about if you're deficient in GTF. Because low levels can also result in hypoglycemia, a condition caused by excessive levels of insulin released in response to sugar in the blood."
"Because GTF is so hard to obtain naturally, the only way to assure yourself of getting enough is through supplementation. Which is why we developed a tablet containing all the GTF needed for healthy functioning."
(CX-16)
(b) The use of GTF will prevent arteriosclerosis in the average American.
"This condition called atheroscelrosis hampers the circulatory system and taxes the heart.
This disorders sic might have been prevented by adequate levels of GTF."
(CX-14)
"Higher levels of insulin also tend to erode Glucagon, a hormone-like substance that burns body fat. The resulting condition called atherosclerosis hampers the entire circulatory system, in addition to taxing the heart."
"PROTECT YOURSELF WITH GTF
Conditions such as these resulting from inadequate amounts of GTF can be prevented. Because now you can take GTF in supplement form."
(CX-15)
"Without enough Glucagon, fat is poorly utilized and can collect on the interior surface of artery walls. The condition that results is called atherosclerosis. A condition that could have been prevented with adequate levels of GTF."
(CX-16)
(c) The use of GTF will prevent diabetes in the average American.
"THE LITTLE-KNOWN SUBSTANCE
THAT HELPS PREVENT
THE BEST-KNOWN DISEASES.
Diabetes, hypoglycemia, arterio- sclerosis. Some of the best-known dis- eases to plague modern man. They often strike in the prime of life. Sometimes they kill. Always they leave the victim crippled.
Yet, there are measures that can be taken to prevent these maladies. One of the best is a little-known substance that can make a big difference in your health.
It's called GTF."
"Because of GTF's role in regulating insulin's effectiveness, it can increase insulin's potency so as to reduce the amount released. This ability allows GTF to help control hypoglycemia, and its related disorder, diabetes."
(CX-16)
(d) The use of GTF will control hunger and prevent weight gain in the average American.
"LOW BLOOD SUGAR
CAUSES EXTREME HUNGER."
"One immediate effect of hypo- glycemia is ravenous hunger. This leads to tremendous overeating, which unfortunately leads to obesity. And no one has to tell you what that means. So it's really important to prevent this vicious chain reaction. GTF is the way to do it."
"Now there's a way to give your body the GTF it requires. It's available in convenient tablet form. Don't take chances with your health. Protect yourself with GTF."
(CX-11, 12 and 13)
"A low blood sugar condition can also affect the way you look. As the blood sugar level falls due to an over-response of insulin, the desire to eat is increased. And these eating binges can grossly add to your weight."
"PROTECT YOURSELF WITH GTF."
(CX-15)
(e) The use of GTF will cause the average American user to appear and feel younger.
"GTF CAN MAKE A
DIFFERENCE IN HOW
YOU AGE. GTF can make a big difference in the way you look and feel."
(CX-11, 12 and 13)
"Old age isn't a number. It;s a feeling. And those with poor health feel it a lot sooner than others.
The best way to stay young is to stay healthy. That's where GTF can help."
(CX-14)
"PREVENTING
DEGENERATIVE AGING
One way is to make sure you have a proper intake of GTF."
(CX-15)
YOUTH EXTENSION SYSTEM (YES) (9/182)
(a) The Youth Extension System will retard the aging process.
"The Youth Extension System is based on medical research in the field of human aging."
"WE CAN KEEP YOU
YOUNGER LONGER."
(CX-21)
"WE'VE DEVELOPED
A COMPLETE SYSTEM FOR
STAYING YOUNG.
There are no magic potions for retaining your youth, but recent scientific research has formulated several products for slowing down the effects of premature aging.
We've combined four of these treatments which work together particularly well into our new Youth Extension System."
(CX-22, 75)
"But there are treatments that slow down the effects of aging."
(CX-23)
(b) The Youth Extension system will prevent hypoglycemia, obesity, adult onset diabetes and arteriosclerosis, by maintaining a blood sugar balance.
"GTF makes the insulin you produce work more effectively. This reduces the possibility that a hypoglycemia state will exist."
(CX-21)
"GTF keeps your all-important blood sugar level in balance."
"Other serious problems such as diabetes and atherosclerosis can also result from insufficient GTF. (GTF is not a replacement for any diabetic medication; never change such medication without consulting your doctor.)"
(CX-22, 75)
"GTF works in concert with insulin to maintain a delicate balance between low and high blood sugar. Recent research shows an overproduction of insulin is a precipitating cause of weight gain. Being overweight makes you look and feel older. It can also contribute to adult onset diabetes, hypoglycemia and arteriosclerosis."
(CX-23)
(c) The Youth Extension System will prevent the premature rupture of cell membranes caused by free radicals.
"SOD helps protect cells from premature degeneration.
"As your body ages, its oxygen can be converted to a harmful substance with the addition of a free-floating electron (a 'free radical').
This in turn ruptures cell membranes, which causes incorrect metabolism and destroys cells.
SOD (superoxide dismutase) is a natural antidote which can reduce this crucial effect of aging."
(CX-22, 75)
"Because it's supercharged, the free radical ruptures cell membranes with its force. This causes a disruption of your metabolism and destroys cells. An antidote which disarms superoxide is provided by nature. It's called superoxide dismutase (SOD)."
(CX-23)
"Dismutase is the antidote provided by nature. It protects each cell's general material. And Dismutase is already being considered as an anti-cancer agent because of its function in maintaining cell integrity."
(CX-51e)
(d) The Youth Extension System will tighten the skin and reduce the tendency of wrinkling.
"Neocel creme and tablets reportedly gave Dr. Frank's test subjects tighter skin and decreased the severity of wrinkles."
(CX-21)
"The Neocel formula was created after years of research. Dr. Benjamin S. Frank, renowned physician and author, found a unique combination of nutrients to be effective in treating human aging. Dr. Frank's clinical results are impressive. He reports that his test subjects experience tighter skin and fewer wrinkles."
(CX-23)
(e) The Youth Extension System will improve the quality of cell reproduction.
"According to anti-aging experts, an extra boost of RNA strengthens the possibility of improved quality cell production."
(CX-21)
"RNA is thought to improve the quality of cell reproduction."
(CX-22, 75)
"Some experts feel an extra boost of RNA strengthens the possibility of improved quality cell production. And this could certainly affect the aging process."
(CX-23)
"Science has now demonstrated that RNA can be supplemented to return levels to their normal state. In so doing, cell reproduction improves, eliminating one of the major factors of degenerative aging."
(CX-51e)
(f) The Youth Extension System will increase the user's energy levels.
"His patients report increased energy levels, tighter skin and fewer wrinkles."
(CX-75)
"Not only did Dr. Frank notice other appearance changes, but also a feeling of increased well being. His theory on increased energy levels in Neocel users is based on its anti-anoxia effect, the release of more oxygen where it's needed."
(CX-23)
BRAINPOWER (9/183), 9/184)
(a) The ingestion of BRAINPOWER will improve the user's mental capacity.
"Is Increased Mental Capacity
Only For a Privileged Few?"
"Harness your mind's potential with Brainpower. Use the coupon below to order today."
(CX-17)
"So if you want to use your mind to the fullest, order Brainpower today. It might well be the smartest thing you'll ever do."
(CX-18)
"If you want to extend your mind's capacity, order Brainpower today."
(CX-19)
"DEVELOP YOUR MIND
TO IT'S FULLEST."
"According to their studies, these substances provide elements the brain needs for better functional capacity."
(CX-20)
"Stimulating brain and memory to its highest functioning capacity involves proper nourishment and use; herbs can provide the wholesome ingredients needed by the brain and body to produce these desirable results."
(CX-63)
(b) The ingestion of BRAINPOWER will produce a stimulating, healing and toning effect on the user's nervous system.
"Herbologists have long sought an answer to this matter. They believe that certain herbs and nutrients can have a toning effect on the nervous system."
"These are the ingredients in Brain- power. One tablet provides the elements the brain needs for better functional capacity."
(CX-17)
"Sweet Almond is a protein particularly beneficial to the nervous system."
"Gotu Kola is a herb with caffeine-like qualities that gently stimulate the nervous system."
(CX-18)
"Gotu Kola provides a 'lift' for the nervous system."
(CX-19)
"They've learned that certain herbs and nutrients can have a toning quality on the nervous system."
"Sweet Almond, for example, provides a protein especially beneficial to the nervous system."
(CX-20)
" H herbs can produce a pronounced stimulating, healing and toning effect on the nervous system."
(CX-63)
(c) The ingestion of BRAINPOWER will rejuvenate the user's brain and nervous system.
"Brainpower is a 100% natural formulation with ingredients which many respected herbologists believe can help improve the functions of your brain and nervous system."
"In fact, every Brainpower ingredient adds to the vitamin and mineral content which is needed by the brain and nervous system for peak functioning and rejuvenation."
(CX-18)
"Brainpower also contains Gotu Kola, an herb with a caffeine-like quality that provides a lifting effect to the nervous system."
(CX-20)
"AN HERBAL WAY TO MENTAL REJUVENATION AND BRAIN STIMULATION."
(CX-63)
(d) The ingestion of BRAINPOWER will improve the functioning of the user's optic nerve and spinal column.
"Thistle has positive effects on the optic nerve and spinal column."
(CX-18)
III. THE REPRESENTATIONS MADE IN RESPONDENTS' ADVERTISEMENTS ARE MATERIALLY FALSE.
A. The NEOCEL SYSTEM (9/173, 9/174)
NEOCEL Tablets essentially are a multi-vitamin preparation not too dissimilar from others that are sold in drug and health food stores. The testimony of Complainant's witnesses supports this conclusion and Respondents' witnesses do not dispute it.
The evidence further supports the finding that this preparation would not be helpful except to individuals suffering from deficiencies in the vitamins contained in Neocel (Tr. 20).
I find more believable the conclusions of Complainant's witnesses that the incidence of vitamin deficiency in the United States is not great.
While NEOCEL appears to be a sound preparation which would not be harmful to the average user, that is not the issue. The question is whether the product fulfills the impressive claims of its advertising literature. In Leach v. Carlile, 258 U.S. 138, 139 (1922), the Supreme Court stated this criterion as follows:
". . . it is sufficient to say that the question really decided by the lower Courts was, not that the substance which appellant was selling was entirely worthless as a medicine, as to which there was some conflict in the evidence, but that it was so far from being the panacea which he was advertising it through the mails to be, that by so advertising it he was perpetrating a fraud upon the public."
To the same effect, in United States v. One Device, Etc., 160 F.2d 194 (10th Cir. 1947), it was held that a product which contributed to overall health to some extent was falsely represented in violation of the Federal Food, Drug and Cosmetic Act because it was not the cure-all that its advertising represented.
With respect to the NEOCEL enzyme product, I find that enzymes as intact proteins are destroyed in the process of digestion by the human stomach and intestines. Therefore, enzymes taken by mouth have zero utility. This was stated as an accepted scientific fact by Complainant's witnesses and was not effectively disputed by Respondents' witnesses. Drs. Kugler and Huemer believed that some enzymes might pass through the stomach and intestines but they could offer no substantiation for this conjecture. Therefore, I find that the enzymes in NEOCEL contribute nothing to the human body.
I find that beyond its temporary moisturizing effect, Neocel in cream form will not benefit the skin either in helping loss of skin tone, lessening wrinkling, or any other claimed benefit listed in paragraph 3 in the Complaints regarding NEOCEL. I also find that the nutrients in the product will not penetrate the skin into the body.
Thus I find that Respondents, Cosvetic Laboratories and Braswell, Inc. made materially false statements 1/ in their advertisements when they represented that the four NEOCEL products or any of them would:
1. Improve skin tone;
2. Lessen the severity of wrinkles more effectively than ordinary moisturizers;
3. Decrease the amount of gray in the hair;
4. Make the individual look and feel younger;
5. Significantly increase the user's energy stamina levels;
6. Prevent and reverse cell degeneration; and
7. Make more oxygen available for use by cells.
B. SUPEROXIDE DISMUTASE (SOD) (9/175, 9/176)
The label on Respondents' SUPEROXIDE DISMUTASE product (CX-69) described it as "Superoxide Dismutase activity equivalent to that found in raw freeze-dried liver (specially processed to retain enzymes)." (CX-69).
The evidence overwhelmingly proves, as previously found, that enzymes taken by mouth do not pass through the stomach and the intestines into the rest of the body. All of Complainant's witnesses confirmed this as a scientific axiom and Respondents' witnesses could only conjecture without substantiation that there might be exceptions to this rule (CX-93); Tr. 116-118, 129-130; CX-92; Tr. 35-40; CX-90).
Also I find, as persuasively testified to by Dr. Herbert, that enzymes are species specific - only human enzymes will help humans-and unless this was human enzyme, obtained from killing humans, which apparently is not the case, it will not benefit humans, even if absorbed (CX-93, p. 3).
Since the enzymes in SOD cannot benefit the human body, I find Respondents' SOD product to be nothing more than freeze-dried liver. Therefore, I find that Respondents, Braswell, Inc. and Cosvetic Laboratories made materially false statements in their advertisements when they represented that their SOD product will:
1. Slow the aging process by retarding cell degeneration.
2. Increase and stabilize cellular oxygen at optimum levels.
3. Protect genetic material in the cells.
4. Prevent or retard unnecessary oxidation in the body.
5. Prevent degenerative diseases.
6. Neutralize and destroy free radicals.
C. RNA TABLETS AND CREME (9/177, 9/178)
RNA Tablets (CX-68a) are identified on their label simply as "500 mg RNA in a base of brewer's yeast." RNA Creme is identified on its label (CX-68b) as a "super moisturizer" to which has been added an undisclosed amount of Ribonucleic Acid (RNA).
I find, as testified to unequivocally by Drs. Schwartz, Williams and Herbert, that the body is unable to use exogenously administered RNA (Tr. 29-35), 118-120, 130, 131, 191-193).
Dr. Schwartz stated in his affidavit (CX-90, p.
:
No clinical or experimental studies were found in the scientific literature which would substantiate any claim that the ingestion and/or topical application of RNA will slow the aging process. The statement in the advertising which suggests that RNA is an essential nutrient is completely false. The only nucleic acid which the body can utilize is that which is contained in the individual's own genes. The body is unable to use exogenously administered nucleic acids. This suggests nucleic acids from other humans may be used when exogenously administered.
Dr. Williams stated in his affidavit (CX-92, p. 3):
RNA taken orally will be digested to its component parts by acid hydrolysis and enzymatic degradation. RNA administered topically will never be absorbed to the capillaries, and thus will never be found in the circulating blood. Even if RNA reached the external environment of somatic cells, the plasma membrane would act as an effective barrier to the large, highly polar RNA. Any RNA which has a specific biological effect and reaches the cytoplasm of the cell, also has a finite lifetime and would be degraded by cellular enzymes. Oral or topical administration will have no significant biological effect. To claim that RNA so taken will have any value other than a small nutritive effect is false.
In his affidavit, Dr. Herbert stated (CX-93, p. 3):
The advertising regarding RNA tablets have no basis in nutrition science and are materially false as a matter of fact. RNA taken by mouth is destroyed in the intestine by the pancreatic enzyme ribonuclease, and none of the RNA is absorbed. The reason nature has this system for destroying RNA in the intestine may be the fact that RNA is a specific blueprint, i.e., sardine
RNA is a blueprint which can only create sardines, human RNA is a blueprint that can only create humans, etc. Thus, if Defendants' RNA were absorbed, which it is not, if it is sardine RNA, the eater would grow fins and a tail. One of the products to which the body breaks down the undesired RNA is uric acid; hence, Defendants' product could be hazardous to people predisposed to development of gout.
I accept the conclusions of Complainant's witnesses as being more plausible and consistent with the weight of informed scientific opinion when they state that the body is capable of making its own RNA and the average American diet is not deficient in RNA.
Therefore, I find that Respondents, Earthquest, Ltd. and Cosvetic Laboratories made materially false statements in their advertisements when they represented that:
1. The average American diet is deficient in RNA (Ribonucleic Acid);
2. The ingestion of RNA TABLETS as a nutritional supplement will alleviate the body's RNA deficiency;
3. The ingestion of RNA TABLETS will retard the destructive effects of the aging process by enriching the body's cells; and
4. RNA is an integral and essential active ingredient of RNA CREME and, whether used separately or in combination with RNA TABLETS, will diminish crows feet and wrinkles and prolong the youthful appearance of the skin.
D. GLUCOSE TOLERANCE FACTOR (GTF) (9/179, 9/180, 9/181)
According to its label (CX-67), GLUCOSE TOLERANCE FACTOR (GTF) tablets contain "15 mcg. of Chromium as natural, biologically formed compounds in yeast, including Glucose Tolerance Factor chromium."
I find that the incidence of chromium deficiency in the United States is very small, less than 1 percent. Drs. Schwartz, Williams and Herbert supported this conclusion logically. Although Drs. Kugler and Huemer found the problem to be serious, I did not find their testimony to be persuasive on this question.
Dr. Herbert testified that it was impossible not to get adequate quantities of chromium if one follows a normal balanced diet (Tr. 327).
In his affidavit (CX-92, p. 3), Dr. Williams stated:
Regarding the substance GTF, there is no scientific basis in experimental fact to substantiate the defendant's claim. In the study of the biology of aging, diabetes mellitis, a disease state including abnormal glucose metabolism, has been considered by some as a partial model of aging, as the Hutchinson-Gilford syndrome of precocious aging. Both of these conditions show certain characteristics of accelerated aging, and both show abnormal glucose metabolism. Individuals with a chromium deficiency also show abnormal glucose metabolism; in the experimental rat this deficiency accents the development of aortic plaques. In the experimental system, supplying chromium restores normal glucose, and arrests to some extent plaque development. There is no evidence that chromium arrests plaque development in human beings, nor in animals free from chromium deficiency. On the other hand, chromium in several forms can elicit toxic response. A small proportion of human beings appear to be hypersensitive to chromium in some forms. In conclusion deficiency has no known correlate in affecting the process of aging through alteration in glucose metabolism. Any claim that GTF has a beneficial effect for normal individuals has no basis in fact, and, GTF may indeed place a certain number of human beings at jeopardy due to chromium hypersensitivity.
Dr. Schwartz' testimony agrees with that of Dr. Williams and Dr. Herbert to the effect that there appears to be no particular need for chromium supplementation in the average person (R. 25).
Dr. Schwartz' affidavit (CX-90, p. 9) notes the following about Glucose Tolerance Factor:
Glucose Tolerance Factor tablets are labeled as containing biologically formed compounds in yeast including glucose tolerance factor chromium (Exhibit 67). The term, glucose tolerance factor, is not generally recognized within the fields of biochemistry and endocrinology as being related to the function of insulin. It is assumed that the reference is to ionic chromium. Chromium deficiency mimics diabetes mellitus and produces aortic plaques in rats. Chromium supplementation improves or normalizes glucose tolerance in diabetics, older people, and malnourished children, and it has been suggested that a deficiency of chromium may be a basic factor in atherosclerosis. However, once atherosclerosis has occurred, supplementation of the diet with chromium does not appear to reverse the effect. Therefore, any suggestion in the advertisements (Exhibits 11-16) that the product, GTF, might be useful in the treatment of atherosclerosis is false. The implication that the product will prevent atherosclerosis is also misleading in that such prevention would be likely to occur only in the case of chromium deficiency. The statement is made that the product 'can increase insulin's potency so as to reduce the amount released.' Chromium might result in an increase in the effects of insulin but, again, only if there were a pre-existing deficiency of chromium.
Since the incidence of chromium deficiency is very low --less than 1 percent --mainly among the elderly poor it is highly unlikely that the readers of Body Forum would benefit from chromium supplementation. Unless the user has a specific deficiency, the product is worthless and possibly toxic.
Therefore, I find that Respondents, Earthquest, Ltd., Cosvetic Laboratories and Braswell, Inc. made materially false statements when they represented in their advertisements that:
1. The use of Glucose Tolerance Factor (GTF) will prevent hypoglycemia in the average American;
2. The use of GTF will prevent arteriosclerosis in the average American;
3. The use of GTF will prevent diabetes in the average American;
4. The use of GTF will control hunger and prevent weight gain in the average American; and
5. The use of GTF will cause the average American user to appear and feel younger.
E. YOUTH EXTENSION SYSTEM (YES) (9/182).
The YOUTH EXTENSION SYSTEM is a program involving the combined use of the NEOCEL system, SUPEROXIDE DISMUTASE, RNA and GLUCOSE TOLERANCE FACTOR.
I have already found that except for the nutritional value of NEOCEL as a vitamin supplement for the small part of the population that requires supplements and the effects of the two creams as moisturizers, these four products are valueless to the human body and in no way fulfill the grandiose claims contained in their advertising. I further find that the weight of believable evidence supports the conclusion that in this case the whole is no greater than the sum of its parts.
Dr. Schwartz described the YOUTH EXTENSION SYSTEM and the claims made for it in his affidavit (CX-90, p. 9) as follows:
The advertisements for the Youth Extension System (Exhibits 21-23) reveal that it is nothing more than a program involving the combined use of the products, Neocel, Superoxide Dismutase, RNA and Glucose Tolerance Factor all of which are discussed above. These products are equally worthless whether used singularly or in combination. The advertising claim that this is a 'complete system for staying young' is completely false.
Dr. Williams said that he knew of no theory, "based on modern biological science, that would predict that any of the elements of the YOUTH EXTENSION SYSTEM would have any effect at all. Inter- actions though are ve
