UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chairwoman

Noah Joshua Phillips

Rohit Chopra

Christine S. Wilson

DOCKET NO. 9397

ORDER DENYING MOTION TO STRIKE COMPLAINT COUNSEL’S STATEMENT 

OF ADDITIONAL MATERIAL FACTS AND EXTENDING TIME FOR COMPLAINT 

COUNSEL’S REPLY

On May 14, 2021, the Commission issued an order directing the parties in this proceeding 

to file statements of the material facts that they intend to assert, other than facts expressly alleged 

in the Complaint. Order for Further Proceedings before the Commission (May 14, 2021). 

Complaint Counsel filed their statement on May 25, 2021, and Respondents have moved to strike 

that filing as untimely.1

 Complaint Counsel have filed a motion to extend their time to reply to 

the Response to Statement of Additional Material Facts until June 21, 2021.2

Complaint Counsel argue that their statement of facts was timely filed under the 

provisions of Commission Rule 4.3, 16 C.F.R. § 4.3, relating to timing. CC Motion at 3. 

Respondents have now stated that they do not oppose denial of their motion to strike.3 We agree 

 1 Respondents’ Response to Complaint Counsel’s Statement of Additional Material Facts at 5 (June 1, 2021)

(“Response to Statement of Additional Material Facts”).

2 Motion to Extend Date for Complaint Counsel’s Reply to Respondents’ Response to Complaint Counsel’s 

Statement of Additional Material Facts and Opposition to Respondents’ Motion to Strike (June 7, 2021) (“CC 

Motion”).

3 Respondents’ Response to Motion to Extend Date for Complaint Counsel’s Reply to Respondents’ Response to 

Complaint Counsel’s Statement of Additional Material Facts and Opposition to Respondents’ Motion to Strike at 1 

(June 7, 2021) (“Response to Motion to Extend”).

In the Matter of

Health Research Laboratories, LLC, 

 a limited liability company,

Whole Body Supplements, LLC,

 a limited liability company, and 

Kramer Duhon, 

 Individually and as an officer of 

 Health Research Laboratories, LLC,

 and Whole Body Supplements, LLC.
that, pursuant to Commission Rule 4.3(a), 16 C.F.R. § 4.3(a), Complaint Counsel’s Statement of 

Additional Material Facts was timely filed on May 25, 2021, and deny the motion to strike.

Complaint Counsel state that an extension of time is needed to reply to new legal 

arguments raised by the Response to Statement of Additional Material Facts and to develop a 

proposal for structuring the remainder of this proceeding. CC Motion at 2. Respondents do not 

oppose extending time for the Reply until June 21. Response to Motion to Extend at 1. 

Although all parties will have an opportunity to brief issues relevant to liability, remedy, and 

defenses at a later date, we will not constrain Complaint Counsel from appropriately replying to 

issues raised in Respondents’ filing and will extend the deadline until June 21. Accordingly, 

IT IS HEREBY ORDERED that Respondents’ June 1, 2021 motion to strike Complaint 

Counsel’s Statement of Additional Material Facts, is DENIED; and

IT IS FURTHER ORDERED that Complaint Counsel’s Motion to Extend Date for 

Complaint Counsel’s Reply is GRANTED, and the deadline for Complaint Counsel’s Reply is 

extended to June 21, 2021. 

By the Commission.

April J. Tabor

Secretary

SEAL:

ISSUED: June 15, 2021