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KATHERINE E. JOHNSON, pro hac vice pending

kjohnson3@ftc.gov

KRISTY M. TILLMAN, pro hac vice pending

ktillman@ftc.gov

Federal Trade Commission

600 Pennsylvania Avenue NW, CC-9528

Washington, DC 20580

(202) 326-2185 (Johnson); (202) 326-3025 (Tillman)

Attorneys for Plaintiff 

FEDERAL TRADE COMMISSION

Local Counsel

DELILAH VINZON

Cal. Bar No. 222681; dvinzon@ftc.gov

Federal Trade Commission

10990 Wilshire Boulevard, Suite 400

Los Angeles, CA 90024

Tel: (310) 824-4300; Fax: (310) 824-4380

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

QYK BRANDS LLC d/b/a Glowyy,

DRJSNATURAL LLC,

RAKESH TAMMABATTULA, 

individually and as an officer of QYK 

BRANDS LLC, and 

JACQUELINE THAO NGUYEN, 

individually and as an officer of QYK 

BRANDS LLC and DRJSNATURAL LLC

 

 Defendants.

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Case No.

COMPLAINT FOR PERMANENT 

INJUNCTION AND OTHER 

EQUITABLE RELIEF

Case 8:20-cv-01431-JLS-KES Document 1 Filed 08/04/20 Page 1 of 19 Page ID #:1
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Plaintiff, the Federal trade Commission (“FTC”) for its Complaint alleges:

1. The FTC brings this action under Sections 13(b) and 19 of the Federal 

Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 53(b) and 57b, and the FTC’s 

Trade Regulation Rule Concerning the Sale of Mail, Internet, or Telephone Order 

Merchandise (“MITOR” or the “Rule”), 16 C.F.R. Part 435, to obtain temporary, 

preliminary, and permanent injunctive relief, rescission or reformation of contracts, 

restitution, the refund of monies paid, disgorgement of ill-gotten monies, and other 

equitable relief for Defendants’ acts or practices in violation of Sections 5(a) and 

12 of the FTC act, 15 U.S.C. §45 (a) and 52, and in violation of MITOR, 16 C.F.R. 

Part 435.

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 

§§ 1331, 1337(a) and 1345.

3. Venue is proper in this District under 28 U.S.C. § 1391(b) (1-2), and 

15 U.S.C. § 53(b).

PLAINTIFF

4. The FTC is an independent agency of the United States Government 

created by statute. 15 U.S.C. §§ 41-58. The FTC enforces Section 5 of the FTC 

Act, 15 U.S.C. § 45(a), which prohibits unfair or deceptive acts or practices in or

affecting commerce. The FTC also enforces MITOR, which requires mail, 

Internet, or telephone-based sellers to have a reasonable basis for advertised 

shipment times, and, when sellers cannot meet promised shipment times or ship 

within 30 days, to provide buyers with the option to consent to a delay in shipment

or to cancel an order and receive a prompt refund, and to deem an order cancelled 

and make a prompt refund to buyers under certain circumstances.

5. The FTC is authorized to initiate federal district court proceedings, by 

its own attorneys, to enjoin violations of the FTC Act and MITOR, and to secure 

such equitable relief as may be appropriate in each case, including rescission or 

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reformation of contracts, restitution, the refund of monies paid, and the 

disgorgement of ill-gotten monies. 15 U.S.C. §§ 53(b), 57b, and 16 C.F.R. Part 

435. 

DEFENDANTS

6. Defendant QYK Brands LLC (“QYK” or “Glowyy”) is a California 

Limited Liability Company, with its principal place of business located at 9 

MacArthur Place, # 302, Santa Ana, California. QYK does business as Glowyy 

through the website glowwy.com and owns the trademark for Dr. J’s Natural. 

QYK transacts or has transacted business in this District and throughout the United 

States. At all times material to this Complaint, acting alone or in concert with 

others, QYK has advertised, marketed, or sold merchandise to consumers 

throughout the United States.

7. DRJSNATURAL LLC (“Dr. J’s Natural”) is a California Limited 

Liability Company, with its principal place of business located at 10517 Garden 

Grove Boulevard, Garden Grove, California.

8. Defendant Rakesh Tammabattula (“Tammabattula”) is the Chief 

Executive Officer of QYK. At all times material to this Complaint, acting alone or 

in concert with others, Tammabattula has formulated, directed, controlled, had the 

authority to control, or participated in the acts and practices of QYK, including the 

acts and practices set forth in this Complaint. Defendant Tammabattula resides in 

this District and, in connection with the matters alleged herein, transacts or has 

transacted business in this District and throughout the United States.

9. Defendant Jacqueline Thao Nguyen, who works under the moniker 

“Dr. J,” is married to Rakesh Tammabattula, and is the Chief Operating Officer of 

QYK, and the founder and Chief Executive Officer of Dr. J’s Natural. At all times 

material to this Complaint, acting alone or in concert with others, Dr. J has 

formulated, directed, controlled, had the authority to control, or participated in the 

acts and practices of QYK and Dr. J’s Natural, including the acts and practices set 

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forth in this Complaint. Defendant Dr. J resides in this District and, in connection 

with the matters alleged herein, transacts or has transacted business in this District 

and throughout the United States.

COMMERCE

10. At all times material to this Complaint, Defendants have maintained a 

substantial course of trade in or affecting commerce, as “commerce” is defined in 

Section 4 of the FTC Act, 15 U.S.C. § 44.

DEFENDANTS’ BUSINESS ACTIVITIES

11. Tammabattula and Dr. J, through QYK (collectively, the “QYK 

Defendants”) own multiple brands and companies that sell skin care, health, 

beauty, personal care, and wellness products. The QYK Defendants promote and 

sell products on qyk.us, qyksonic.com, glowyy.com, and drjsnatural.com.

12. Beginning on or around March 12, 2020, the QYK Defendants offered 

Dr. J’s Natural (and other branded) hand sanitizer through the website 

glowyy.com. The QYK Defendants market four sizes of Dr. J’s Natural hand 

sanitizer: a 3.3 oz bottle for $5.99; a 4.0 oz bottle for $5.99; a 10 oz bottle for 

$9.99; and a 16 oz bottle for $12.99. The QYK Defendants also offer Personal 

Protective Equipment (such as face masks and shields), surface wipes, and 

disinfectants. 

The QYK Defendants’ Shipment Claims

13. During the early weeks of the pandemic quarantine in the United 

States, obtaining hand sanitizer as quickly as possible was paramount for many 

consumers; this high demand made products difficult to find. 

14. In order to capitalize on this demand, beginning in early March 2020, 

the QYK Defendants started advertising they had hand sanitizer “In Stock” and

“Ships Today.”

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15. The QYK Defendants disseminated these advertisements on 

Instagram and in targeted ads through GQ.com, for example, and in response to 

web searches for hand sanitizer. 

16. For example, the following appeared in response to a Google search 

on or about March 12, 2020: 

17. The QYK Defendants’ promises that hand sanitizer “Ships Today” 

were false.

18. For example, one consumer ordered from glowyy.com on March 12, 

2020 following a Google search for hand sanitizer, which led to an advertisement 

from the QYK Defendants representing that glowyy.com had “Hand Sanitizers in 

Stock” and that the order would ship the same day it was purchased.

19. Despite this promise, the consumer’s order did not ship until April 12, 

2020. Moreover, when the consumer finally received her order on April 16, 2020, 

the sanitizer she received was a different brand and smaller size than she had 

ordered. 

20. Beginning in April through May 2020, the QYK Defendants’ website 

stated that shipment of hand sanitizer orders would be within seven (7) days. For 

example, on April 13, 2020, glowyy.com stated that customers should expect 

processing times of five to seven (5 to 7) days but indicated that orders would ship 

as soon as they were processed. Similarly, on April 19, 2020, glowwy.com stated 

that orders of hand sanitizer placed that day would ship by April 22, i.e. within 

Case 8:20-cv-01431-JLS-KES Document 1 Filed 08/04/20 Page 5 of 19 Page ID #:5

Ad · www.glowyy.com/ • 

Hand Sanitizers in Stock I Disinfect & Stay Safe 

CDC Recommends Using Hand Sanitizers to Protect from Infections & minimizing risk of 

COVID. Order online for fast shipping from California. Advanced formulas available. Protect 

From Virus &Germs. In Stock & Ships Today. Fast Shipping from CA USA. 

View Products · Contact Us · Log In 

DrJ's Natural 75% Unscent - $9.00 -Advanced Formula Kills Co · More• 
-6- 

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three (3) days. And on May 15, glowyy.com stated that the processing time for 

hand sanitizer was three to seven (3 to 7) days. The following screenshots are 

from April 13, 19, and May 15, 2020, respectively:

a. Glowyy Outbreak Essentials webpage dated April 13, 2020:

b. Glowyy 10 oz Hand Sanitizer Gel webpage dated April 19, 2020:

Case 8:20-cv-01431-JLS-KES Document 1 Filed 08/04/20 Page 6 of 19 Page ID #:6

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c. Glowyy Advanced Formula Hand Sanitizer webpage dated May 15, 2020:

21. However, while the above advertisements were available, consumers 

still reported receiving online ads stating that orders would be shipped in less time. 

For example, one consumer reports receiving an online advertisement promising a 

one to two (1 to 2) day shipment time on April 19, 2020. 

22. The QYK Defendants’ promises of shipment times of seven days or 

less were false. In numerous instances, the QYK Defendants generated a United 

States Postal Services (“USPS”) shipping label and tracking number within one 

day, but waited weeks or months to deliver the ordered products to the post office 

for shipping. 

23. For example, a consumer placed an order for eight (8) bottles of hand 

sanitizer on April 5, 2020. She received an email confirmation from Glowyy that 

same day which included a tracking number, and stated, “Your order is on the 

way.”

Case 8:20-cv-01431-JLS-KES Document 1 Filed 08/04/20 Page 7 of 19 Page ID #:7

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24. Despite ongoing inquiries and communications from the consumer, 

the QYK Defendants had not shipped the order by May 5, 2020, when she asked 

Glowyy to cancel the order and issue a refund. Glowyy failed to provide a refund.

25. For hand sanitizer purchased between approximately mid-March and 

the end of April, numerous consumers reported their orders did not arrive at the 

mail carrier’s facility and ultimately were not shipped until weeks or months after 

their purchase.

26. In numerous instances, the QYK Defendants did not ship one or more 

pieces of ordered merchandise, including hand sanitizer, within the timeframes

represented in their advertisements and on their websites. 

27. In numerous instances, when the QYK Defendants failed to ship one 

or more pieces of ordered merchandise, including hand sanitizer, within stated time 

frames, the QYK Defendants did not offer consumers the opportunity to consent to 

a delay in shipping or to cancel their orders and receive refunds.

The QYK Defendants’ Refusal to Issue Prompt Refunds and Cancel Orders

28. Numerous consumers complained to QYK about shipping delays via 

emails to the company and on its social media web pages.

29. In numerous instances, representatives from QYK told consumers 

ordered merchandise would ship soon, but did not offer the consumer the option of 

canceling and receiving a refund or of consenting to an indefinite delay, or any 

delay. 

30. After not receiving their merchandise, or after complaining and being 

informed of the delay, many consumers attempted to cancel their orders and 

requested refunds.

31. In most instances, QYK refused, if it responded at all. Instead, the 

QYK Defendants informed consumers they could not issue a refund once the 

shipping label had been created.

Case 8:20-cv-01431-JLS-KES Document 1 Filed 08/04/20 Page 8 of 19 Page ID #:8
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32. In some instances, the QYK Defendants informed consumers the only 

way to get a refund was to refuse delivery of the shipment, which would require 

the consumers to personally intercept the mail carrier at the time of delivery.

33. The QYK Defendants shipped merchandise to consumers even after 

the consumers had cancelled the order and demanded a refund. 

34. In numerous instances, when the QYK Defendants failed to ship one 

or more pieces of ordered merchandise, including hand sanitizer, within stated time 

frames, and also failed to offer consumers the required opportunity to either 

consent to a delay in shipping or to cancel their orders and receive refunds, the 

QYK Defendants did not deem the orders cancelled and issue refunds. 

35. Dozens of consumers complained about these practices to QYK, 

Defendant Dr. J, online sites like Trustpilot.com, and the FTC, particularly during 

the initial months of the COVID-19 pandemic.

The Individuals’ Knowledge

36. In an April 2, 2020 YouTube video titled “Your Order Updates for Dr. 

J’s Natural Hand Sanitizer/Is Glowyy Legit?” Dr. J publicly addressed the

complaints and concerns about the delays in shipping.

37. She admitted some consumers had been waiting more than seven days 

due to “uncertainty on manufacturing side,” [sic] and that it had been “difficult to 

source the bottle or the pump.” 

38. On April 3, 2020, Tammabattula stated that QYK “saw the surge in 

searches for hand sanitizer [in early March]. That’s when we started ramping up 

our production.” 

39. A few days later Tammabattula publicly stated that the company only 

had enough raw ingredients for about two weeks’ worth of hand sanitizer, and 

“timelines for production have been extended six to eight weeks” compared to the 

typical two or three weeks. 

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40. On April 9, 2020, Tammabattula reiterated there were not enough raw 

ingredients for hand sanitizer: “From the alcohol to the polymers that we use to 

gel the product to the plastic bottles that we use to package the product.”

41. Despite these public acknowledgments, the QYK Defendants 

continued to make the same shipment timing claims on the glowyy.com website, 

specifically the QYK Defendants continued to advertise that the products were in 

stock and would ship within one to two (1 to 2) days, or three to seven (3 to 7)

days, and continued to take orders with these shipment time claims throughout 

April, May, and June 2020.

Dr. J’s Natural Defendants’ Deceptive COVID-19 Prevention Claims

42. Dr. J’s Natural and Dr. J (collectively, “Dr. J’s Natural Defendants”) 

offer a product called “Basic Immune IGG” through their website, drjsnatural.com. 

The product is part of their “COVID Essentials” line. Dr. J’s Natural Defendants 

sell Basic Immune IGG for $89.

43. Basic Immune IGG is the brand name used by the Dr. J’s Natural 

Defendants for a product developed by Entera Health, Inc. under the registered 

trademark Immunolin. 

44. Basic Immune IGG/Immunolin is a serum-derived bovine 

immunoglobulin concentrate.

45. In English, on its website, drjsnatural.com, Dr. J’s Natural Defendants 

market Basic Immune IGG as a “protein powder” that can maintain “healthy 

immune function” and a “healthy immune system.”

46. Similar claims also appear on Dr. J’s Natural Instagram page. For 

example, on June 1, 2020, Dr. J’s Natural posted a “COVID-19 Special Offer,” 

which offered a discount for Dr. J’s Basic Immune IGG, and promised that the 

product would “boost up your immune system.” 

47. In videos, however, the Dr. J’s Natural Defendants make very 

different representations. Specifically, they claim ingesting Basic Immune IGG 

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can prevent transmission of COVID-19; that Basic Immune IGG is FDA approved

for that purpose; and that Basic Immune IGG has been clinically tested and 

approved for prevention of COVID-19 transmission.

48. The strongest claims appear in Vietnamese language videos. For 

example, on or about April 2, 2020, Dr. J appeared on a newscast on Saigon 

Entertainment Television (SET), a California-based station broadcasting to 

Vietnamese speakers in the United States. In that appearance she told consumers 

that Basic Immune IGG could “prevent” COVID-19 by boosting the immune 

system, explaining: 

Dr. J: let’s say if I sit next to Mr. Do Dung or someone else or happen 

to touch something and get infected with COVID-19, at least I have 

already had more antibodies that can detect the invasion and cling to 

and attack the coronavirus. It’s like, the antibodies will say, “hey, 

bacteria are penetrating the body, let’s come and fight it off.”

49. Dr. J further claimed that mixing Basic Immune IGG with drinking 

water could ward off COVID-19. For instance, during the same newscast she 

explained:

Dr. J: . . . the immunoglobulin antibody therapy that I take with this 

powder, like how I drank and showed you earlier, is to increase my 

existing antibodies and make them stronger. The product helps 

strengthen the army of soldiers already present in my body. Then, let's 

say if one coronavirus happens to infiltrate my body, I already have 

about five hundred thousand antibodies, thanks to this powder. They 

would cling to and bite that coronavirus, push it out and kill it. . . . 

And now if Mr. Do Dung or our dearest audience haven’t taken this 

antibody powder yet, it means that if the coronavirus enters your 

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body, Mr. Do Dung and you only have 5,000 antibodies while I have 

500,000 of them, because I have been taking this antibody powder.

50. She also represented, in close proximity to these claims during the 

same newscast, that Basic Immune IGG has been FDA approved and undergone 

clinical trials. For example, in response to the question “Is it guaranteed that we 

will stay safe?” Dr. J responds, “It’s guaranteed, because there is FDA’s 

verification and approval.” She also states: “Our parent company is the only 

company obtaining the registered trademark for this antibody product from the 

FDA []. We have conducted clinical studies, involving the extraction and 

cultivation of antibodies taken from cow blood, which is then made into this 

antibody powder.”

51. Dr. J makes similar claims in Vietnamese on SET during her regularly 

broadcast show, the Dr. J’s Natural Show. 

52. Dr. J also made similar claims in English-language videos appearing 

on YouTube. For example, in a June 8, 2020 video in which Dr. J responds to 

questions regarding COVID-19 from consumers, she addresses the question “What 

is the best preventative measure to take now?” Her response—use Dr. J’s hand 

sanitizer and take Basic Immune IGG. Basic Immune IGG will boost the immune 

system, “so just in case you get infected with the virus, then your body will be able 

to fight back and destroy all the Coronavirus that is entering your body.”

53. Similarly, in a June 11, 2020 English-language YouTube video titled, 

“How Does Immune IGG Work,” Dr. J claimed that Basic Immune IGG had been 

clinically tested, was a “prevention” for COVID-19, and had a “patent” from the 

FDA.

54. In the June 11 video, Dr. J claimed Basic Immune IGG helps the body 

recognize viruses, “especially Coronavirus” and the product has “tons of clinical 

data.” 

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55. In fact, Basic Immune IGG/Immunolin is not an FDA-approved 

treatment or preventative for COVID-19.

56. Moreover, there are no published adequate and well controlled clinical 

studies of Basic Immune IGG, Immunolin, or a serum-derived bovine 

immunoglobulin for use to effectively treat, prevent, or reduce the risk of 

contracting COVID-19. In fact, there are no published studies of any kind for 

Basic Immune IGG or Immunolin.

VIOLATIONS OF THE MAIL, INTERNET, OR TELEPHONE ORDER 

MERCHANDISE RULE

57. MITOR, 16 C.F.R. Part 435, prohibits sellers from soliciting any 

order for the sale of merchandise ordered through the mail, via the Internet or by 

telephone “unless, at the time of the solicitation, the seller has a reasonable basis to 

expect that it will be able to ship any ordered merchandise to the buyer” either 

“[w]ithin that time clearly and conspicuously stated in any such solicitation; or [i]f 

no time is clearly and conspicuously stated, within thirty (30) days after receipt of 

a properly completed order from the buyer.” 16 C.F.R. § 435.2(a)(1).

58. “Receipt of a properly completed order” means “where the buyer 

tenders full or partial payment . . . the time at which a seller receives both said 

payment and an order from the buyer containing all of the information needed by 

the seller to process and ship the order.” 16 C.F.R. § 435.1(c).

59. “Shipment” means the act of physically placing the merchandise in 

the possession of a carrier. 16 C.F.R. § 435.1(e).

60. Where a seller is unable to ship merchandise within the time stated in 

the solicitation or within 30 days, if no time is given, the seller must offer to the 

buyer “clearly and conspicuously and without prior demand, an option either to 

consent to a delay in shipping or to cancel the buyer’s order and receive a prompt 

refund.” 16 C.F.R. § 435.2(b)(1).

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a. Any such offer “shall be made within a reasonable time after the 

seller first becomes aware of its inability to ship,” but in no event 

later than the time stated or within 30 days if no time is stated. 16 

C.F.R. § 4352(b)(1).

b. The offer must fully inform the buyer of the buyer’s right to cancel 

and provide a definite revised shipping date or inform the buyer 

that the seller cannot make any representation regarding the length 

of the delay. 16 C.F.R. § 435.2(b)(1)(i).

61. A seller must “deem an order cancelled and . . . make a prompt refund 

to the buyer whenever the seller receives, prior to the time of shipment, notification 

from the buyer cancelling the order pursuant to any option [under MITOR] . . . [or] 

[t]he seller fails to offer the option [to consent to a delay or cancel required by 

§ 435.2(b)(1)] and has not shipped the merchandise” within the time required by 

MITOR. 16 C.F.R. § (c)(4), (5).

62. Pursuant to Section 18(d)(3) of the FTC Act, 15 U.S.C. § 57a(d)(3), 

and 16 C.F.R. Part 435.2 a violation of the Rule constitutes an unfair or deceptive 

act or practice in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).

Count I- MITOR Violations

(QYK Defendants)

63. In numerous instances, when the QYK Defendants: 

a. represent they will ship purchased goods within the one to two (1 

to 2) days, three to five days (3 to 5), or three to seven (3 to 7)

days, they do not have a reasonable basis to expect to ship the 

goods within the timeframes they promise;

b. fail to ship orders within the timeframe required by MITOR, they 

also fail to offer customers the opportunity to consent to a delay in 

shipping or to cancel their order and receive a prompt refund; 

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c. fail to ship orders within the timeframe required by MITOR and 

fail to offer consumers the opportunity to consent to a delay in 

shipping or to cancel their order, they do not cancel those orders or 

provide consumers a prompt refund;

d. receive cancellation and refund requests from consumers pursuant 

to any option under MITOR, they do not deem those orders 

cancelled or provide a prompt refund.

64. Defendants’ practices as alleged in Paragraph 63 violate MITOR, 16 

C.F.R. § 435.2(a), (b), and (c), and therefore are unfair or deceptive acts or 

practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45(a). 

VIOLATIONS OF THE FTC ACT

65. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits “unfair or 

deceptive acts or practices in or affecting commerce.”

66. Misrepresentations or deceptive omissions of material fact constitute 

deceptive acts or practices prohibited by Section 5(a) of the FTC Act.

67. Section 12 of the FTC Action, 15. U.S.C. § 52, prohibits the 

dissemination of any false advertisement in or affecting commerce for the purpose 

of inducing, or which is likely to induce, the purchase of food, drugs, devices, 

services, or cosmetics. For purposes of Section 12 of the FTC Act, 15 U.S.C. § 52, 

Basic Immune IGG is a “food” or “drug” as “food” and “drug” are defined in 

Section 15(b) and (c) of the FTC Act, 15 U.S.C.§ 55(b) and (c).

Count II- Deceptive Shipping Claims

(QYK Defendants)

68. In numerous instances in connection with the advertising, marketing, 

promotion, offering for sale, or sale of goods, specifically hand sanitizer and 

related products, the QYK Defendants have represented, directly or indirectly, 

expressly or by implication, that they:

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a. will ship goods the same day they are purchased, or will ship 

goods within seven (7) days;

b. have goods in stock and ready to ship; and

c. will deliver the goods consumers order.

69. In truth and in fact, in numerous instances in which the QYK 

Defendants have made the representations set forth in Paragraph 68, the QYK 

Defendants:

a. failed to ship goods the same day they were purchased, or failed to 

ship goods within seven (7) days;

b. did not have sufficient goods in stock to make shipments as 

advertised; or

c. delivered materially different goods.

70. Therefore, Defendants’ representations set forth in Paragraph 68 are 

false, misleading, or unsubstantiated, and constitute deceptive acts or practices in 

violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a).

Count III- Deceptive COVID-19 Prevention Claims

(Dr. J’s Natural Defendants)

71. Through the means described in Paragraphs 42-56, the Dr. J’s Natural 

Defendants have represented, directly or indirectly, expressly or by implication 

that Basic Immune IGG can effectively treat, prevent transmission of, or reduce the 

risk of contracting COVID-19.

72. The representations set forth in Paragraph 71 are false, misleading or 

were not substantiated at the time the representations were made. 

73. Therefore, the making of the representations as set forth in Paragraph 

71 of this Complaint constitutes a deceptive act or practice and the making of false 

advertisements, in or affective commerce, in violation of Section 5(a) and 12 of the 

FTC Act, 15. U.S.C. §§ 45(a) and 52. 

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Count IV-False Establishment Claims

(Dr. J’s Natural Defendants)

74. Through the means described in Paragraphs 42-56, Dr. J’s Natural 

Defendants have represented, directly or indirectly, expressly or by implication 

that Basic Immune IGG has been clinically proven and FDA-approved to treat, 

prevent transmission of, or reduce the risk of contracting COVID-19.

75. The representations set forth in Paragraph 74 are false.

76. Therefore, the making of the representations as set forth in Paragraph 

74 of this Complaint constitutes a deceptive act or practice and the making of false 

advertisements, in or affecting commerce, in violation of Sections 5(a) and 12 of 

the FTC Act, 15 U.S.C. §§ 45(a) and 52.

CONSUMER INJURY

77. Consumers are suffering, have suffered, and will continue to suffer 

substantial injury as a result of Defendants’ violations of the FTC Act and MITOR. 

In addition, Defendants have been unjustly enriched as a result of their unlawful 

acts or practices. Absent injunctive relief by this Court, Defendants are likely to 

continue to injure customers, reap unjust enrichment, and harm the public interest.

THIS COURT’S POWER TO GRANT RELIEF

78. Section 19 of the FTC Act, 15 U.S.C. § 57b, and MITOR authorize 

this Court to grant such relief as the Court finds necessary to redress injury to 

consumers resulting from Defendants’ violations of MITOR, including the 

rescission or reformation of contracts and the refund of money.

79. Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), empowers this Court 

to grant injunctive and such other relief as the Court may deem appropriate to halt 

and redress violations of any provision of law enforced by the FTC. The Court, in 

the exercise of its equitable jurisdiction, may award ancillary relief, including 

rescission or reformation of contracts, restitution, the refund of monies paid, and 

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1 the disgorgement of ill-gotten monies, to prevent and remedy any violation of any 

2 provision of law enforced by the FTC. 

3 PRAYER FOR RELIEF 

4 Wherefore, Plaintiff FTC, pursuant to Sections l 3(b) and 19 of the FTC Act, 

5 15 U.S.C. §§ 53(b), 57b, MITOR, and the Court's own equitable powers, requests 

6 that the Court: 

7 A. Award Plaintiff such preliminary injunctive and ancillary relief as 

8 may be necessary to avert the likelihood of consumer injury during the pendency 

9 of this action and to preserve the possibility of effective final relief, including but 

10 not limited to, temporary and preliminary injunctions; 

11 B. Enter a permanent injunction to prevent future violations of the FTC 

12 Act by Defendants; 

13 C. Award such relief as the Court finds necessary to redress injury to 

14 consumers resulting from Defendants' violations of the FTC Act and MITOR, 

15 including restitution, rescission or reformation of contracts, the refund of money or 

16 return of property, the payment of damages, and public notification respecting the 

17 rule violation or the unfair or deceptive act or practice; and 

18 D. Award Plaintiff the costs of bringing this action, as well as such other 

19 and additional relief as the Court may determine to be just and proper. 

20 

21 

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25 Dated: August 4, 2020 

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G1owyy Compulnl f lNAl,,_01011010 pdr 11 

Respectfully submitted, 

ALDEN F. ABBOTT 

General Counsel 

~hac ,kepend;,,g 

KRJSTY M. TILLMAN,pro hac vice pending 

Federal Trade Commission 

600 Pennsylvania Avenue NW, CC-9528 

Washington, DC 20580 

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1/<nOlO OJI IS AM 
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(202) 326-2185; (Johnson)

kjohnson3@ftc.gov 

(202) 326-3025; (Tillman)

ktillman@ftc.gov 

Attorneys for Plaintiff 

FEDERAL TRADE COMMISSION

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