FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/29/2021 | OSCAR NO. 600572 | PUBLIC

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF THE ADMINISTRATIVE LAW JUDGE 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

DOCKET NO. 9397 

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 

RESPONDENTS’ PRELIMINARY WITNESS LIST 

Pursuant to the Scheduling Order in this matter, Respondents Health Research 

Laboratories, LLC (“HRL”), Whole Body Supplements, LLC (“WBS”) and Kramer 

Duhon (collectively, “Respondents”) provide their preliminary witness list. Respondents 

reserve the right: 

A. to present testimony, by deposition or orally by live witness, from any other 

person who may be identified by Complaint Counsel as a potential witness in 

this matter and any person from whom discovery is sought; 

B. to identify rebuttal witnesses after we have an opportunity to depose 

Complaint Counsel’s witnesses and experts; 

C. to further supplement or revise this preliminary witness list as discovery 

progresses and circumstances may warrant; 

D. witnesses and review Complaint Counsel’s expert reports; and 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/29/2021 | OSCAR NO. 600572 | PUBLIC

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E. not to call any of the persons listed below to testify at the hearing in this 

matter, as circumstances may warrant. 

Subject to these reservations, our preliminary list of witnesses is as follows: 

1. Elizabeth Averill 

Elizabeth Averill is FTC counsel that negotiated the 2018 settlement and has 

knowledge of marketing materials submitted to the FTC for approval and 

objection. We expect Ms. Averill may testify about: 

• Communications with Respondents regarding the products and advertisements 

at issue prior to the filing of the Administrative Complaint. 

• Statements and representations made by the FTC in Case 2:17-cv-00467-JDL, 

Federal Trade Commission and State of Maine v. Health Research 

Laboratories, LLC and Kramer Duhon. 

• FTC contends that Andrew Lustigman is a relevant witness based on his 

communications with the FTC, particularly with Ms. Averill. 

• Issues related to the Stipulated Final Judgment and Order for Permanent 

Injunction and Other Equitable Relief (“Consent Judgment”), including 

documents and information provided to the FTC. 

2. Frank M. Sacks, MD 

• Opinions provided in Expert Report of Frank M. Sacks, M.D. submitted by the 

FTC in Case 2:17-cv-00467-JDL, Federal Trade Commission and State of 

Maine v. Health Research Laboratories, LLC and Kramer Duhon. 

• Communications with FTC arising from or related to Expert Report of Frank 

M. Sacks, M.D. 

3. Charles F. Burant, M.D., Ph.D 

• Opinions provided in Expert Report of Charles F. Burant, M.D. submitted by 

the FTC in Case 2:17-cv-00467-JDL, Federal Trade Commission and State of 

Maine v. Health Research Laboratories, LLC and Kramer Duhon. 

• Communications with FTC arising from or related to Expert Report of Charles 

F. Burant, M.D., Ph.D. 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/29/2021 | OSCAR NO. 600572 | PUBLIC

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4. Kramer Duhon 

Kramer Duhon may testify about: 

• Operation of HRL and WBS 

• Authenticity of corporate documents and filings of HRL and WBS 

• Authenticity of documents submitted to the FTC by Mr. Duhon, HRL, or 

WBS and authenticity of documents, including emails, sent by the FTC. 

• Factual bases for the defenses asserted in Respondents’ Answer 

• Roles of various agents, and consultants working with HRL and WBS 

• Advertising and marketing related to Neupathic, The Ultimate Heart Formula 

(“UHF”), Black Garlic Botanicals, and BG18 

• Development, design, review, revision, and/or approval of advertising and 

marketing for Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Scientific evidence or substantiation that Respondents possessed and/or relied 

upon to support claims in advertising for Neupathic, UHF, Black Garlic 

Botanicals, and BG18 

• Information related to the dissemination of advertising and marketing for 

Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Formulation of Neupathic, UHF, Black Garlic Botanicals, and BG18 

5. Kyle Duhon 

Kyle Duhon worked with the Respondents and may testify about: 

• Employees, agents, consultants, and organizational structure of HRL and 

WBS 

• Operation of HRL and WBS 

• His roles and responsibilities related to HRL and WBS 

• Kramer Duhon’s roles and responsibilities related to HRL and WBS 

• Advertising and marketing related to Neupathic, UHF, Black Garlic 

Botanicals, and BG18 

• Development, design, review, revision, and/or approval of advertising and 

marketing for Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Scientific evidence that Respondents possessed and/or relied upon to 

support claims in advertising for Neupathic, UHF, Black Garlic Botanicals, 

and BG18 

• Information related to the dissemination of advertising and marketing for 

Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Sales information and revenues for Neupathic, UHF, Black Garlic 

Botanicals, and BG18 after January 16, 2018 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/29/2021 | OSCAR NO. 600572 | PUBLIC

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• Customer demographics and/or target market for Neupathic, UHF, Black 

Garlic Botanicals, and BG18 

• Formulation of Neupathic, UHF, Black Garlic Botanicals, and BG18 

• FDA warning letter issued to HRL and Kramer Duhon dated October 9, 

2014 

• Authenticity of documents submitted to the FTC by Mr. Duhon, HRL, or 

WBS 

• Factual bases for the defenses asserted in Respondents’ Answer 

6. Richard Cohen 

Richard Cohen worked with the Respondents. Mr. Cohen may testify about: 

• Services or products that Mr. Cohen provided to Respondents 

• Mr. Cohen’s qualifications, areas of expertise, and/or professional 

background 

• Communications with Respondents 

• Mr. Cohen’s endorsements and statements in advertising for Neupathic, 

UHF, Black Garlic Botanicals, and BG18 

• Advertising and marketing related to Neupathic, UHF, Black Garlic 

Botanicals and BG18 

• Development, review, revision, and/or approval of advertising and 

marketing for Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Scientific evidence or substantiation related to claims in advertising and 

marketing for Neupathic, UHF, Black Garlic Botanicals, and BG18 

7. Inna Yegorova 

Ms. Yegorova worked with the Respondents. She may testify about: 

• Communications with Kramer Duhon and Kyle Duhon 

• Services or products that Ms. Yegorova and/or Inna Consulting provided to 

Respondents 

• Ms. Yegorova’s qualifications, areas of expertise, and/or professional 

background 

• Contracts or agreements with Respondents 

• Advertising and marketing related to Neupathic, UHF, Black Garlic 

Botanicals, and BG18 

• Development, review, revision, and/or approval of advertising and 

marketing for Neupathic, UHF, Black Garlic Botanicals, and BG18 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/29/2021 | OSCAR NO. 600572 | PUBLIC

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• Scientific evidence or substantiation related to claims in advertising and 

marketing for Neupathic, UHF, Black Garlic Botanicals, and BG18. 

8. Curtis Walker 

Mr. Walker is an owner of Dietary Supplement Experts, LLC and worked as a 

consultant. He may testify about: 

• Communications with Kramer Duhon and Kyle Duhon 

• Services and products that Mr. Walker and/or Dietary Supplement Experts, 

LLC provided to Respondents 

• Mr. Walker’s qualifications, areas of expertise, and/or professional 

background 

• Contracts or agreements with Respondents 

• Advertising and marketing related to Neupathic, UHF, Black Garlic 

Botanicals, and BG18 

• Scientific evidence or substantiation related to claims in advertising and 

marketing for Neupathic, UHF, Black Garlic Botanicals, and BG18. 

9. Joel Myerson or corporate designee under Rule 3.33(c)(1) for Pure Source, LLC 

Mr. Myerson is the President of Pure Source, LLC (“Pure Source”). Pure Source 

manufactured Neupathic, UHF, Black Garlic Botanicals, and BG18. Mr. Myerson 

or another corporate designee may testify about: 

• Services or products that Pure Source provided to Respondents 

• Formulation of Neupathic, UHF, Black Garlic Botanicals, and BG18, 

including, but not limited to, type and dose of individual ingredients in each 

product. 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/29/2021 | OSCAR NO. 600572 | PUBLIC

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Dated: January 29, 2021 Respectfully submitted, 

REESE MARKETOS LLP 

By: /s/ Joel W. Reese 

Joel W. Reese 

Texas Bar No. 00788258 

joel.reese@rm-firm.com 

Joshua M. Russ 

Texas Bar No. 24074990 

josh.russ@rm-firm.com 

750 N. Saint Paul St., Suite 600 

Dallas, TX 75201-3201 

Telephone: (214) 382-9810 

Facsimile: (214) 501-0731 

ATTORNEYS FOR RESPONDENTS 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/29/2021 | OSCAR NO. 600572 | PUBLIC

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CERTIFICATE OF SERVICE 

I hereby certify that on January 29, 2021, I filed the foregoing document 

electronically using the FTC’s E-Filing system, which will send notification to: 

April J. Tabor The Honorable D. Michael Chappell 

Acting Secretary Administrative Law Judge 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-113 600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 Washington, DC 20580 

ElectronicFilings@ftc.gov 

Elizabeth Averill 

eaverill@ftc.gov 

Jonathan Cohen 

jcohen2@ftc.gov 

COMPLAINT COUNSEL 

/s/ Joel W. Reese 

Joel W. Reese 

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