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F.T.C. v. DIRECT MARKETING CONCEPTS, INC.

Civil Action No. 04-11136-GAO.

648 F.Supp.2d 202 (2009)

FEDERAL TRADE COMMISSION, Plaintiff, v. DIRECT MARKETING CONCEPTS, INC., d/b/a Today's Health and Direct Fulfillment, ITV Direct, Inc., d/b/a Direct Fulfillment, Donald W. Barrett, Triad ML Marketing, Inc., King Media, Inc., Allen Stern, Lisa Stern, and BP International, Inc., Defendants.

United States District Court, D. Massachusetts.

August 13, 2009.

Attorney(s) appearing for the Case

Edward Glennon, Heather Hippsley, James A. Trilling, Kial S. Young, Serena Viswanathan, Shira D. Modell, Federal Trade Commission, Washington, DC, for Plaintiff.

Christopher F. Robertson, Peter S. Brooks, Susan W. Gelwick, Seyfarth Shaw, LLP, Joseph F. Ryan, Lyne, Woodworth & Evarts LLP, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The Federal Trade Commission ("FTC") brought this action to remedy violations by the defendants of sections 5(a) and 12 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45, 52, in connection with the production and dissemination of two "infomercials"—one marketing a product known as "Coral Calcium Daily" ("Coral Calcium") and...

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