FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 6/7/2021 | DOCUMENT NO. 601670 | Page 1 of 7 | PUBLIC

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chairwoman 

Noah Joshua Phillips 

Rohit Chopra 

Christine S. Wilson 

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. 

DOCKET NO. 9397 

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 

Pursuant to 16 C.F.R. § 4.3(b), Complaint Counsel respectfully requests an extension of 

the date to file their reply to Respondents’ Response to Complaint Counsel’s Statement of 

Additional Material Facts (June 1, 2021) (“Response”). For the reasons set forth below, 

Complaint Counsel also opposes Respondents’ motion to strike Complaint Counsel’s Statement 

of Additional Material Facts. See Response at 5. 

As part of their continuing effort to avoid confronting the facts in this case, Respondents 

deliberately disregarded the requirements of the Commission’s Order dated May 14, 2021 

(“Order”). First, although the Order requires Respondents to clarify which factual issues remain 

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in dispute, they refused to confirm or deny any of the additional facts set forth in Complaint 

Counsel’s Statement of Additional Material Facts. Second, Respondents failed to clarify 

whether they will “accept and agree to the specific items of relief identified in the Notice of 

Contemplated Relief.” Order at 3. Respondents do not clearly stipulate to any of the 

contemplated relief, but instead continue to vacillate between statements they “do not oppose” a 

blanket prohibition on advertising supplements with health and disease claims and legal 

arguments that relief must be limited to prohibitions of advertising for the four challenged 

products. See Response at 6-7. The Commission provided Respondents with an opportunity to 

contest Complaint Counsel’s additional facts and to introduce facts of their own for 

consideration, but Respondents did neither. 1

 Respondents strenuously argue they are not being 

provided with adequate notice and an opportunity to dispute the factual allegations against them 

(Response at 15-16) in this proceeding, yet are doing everything possible to avoid responding to 

the facts because they cannot dispute them. 

Rather than squarely addressing the issues identified in the Order, Respondents advance a 

number of flawed legal arguments and urge the Commission to rule on two of them immediately. 

When setting the schedule for Complaint Counsel’s reply, no briefing concerning legal questions 

was contemplated by the Order. Although Respondents’ arguments are outside the scope of the 

filing requested by the Commission and should be addressed in the Commission’s final decision 

rather than now, Complaint Counsel requests an extension until June 21, 2021 to submit a reply 

to thoroughly respond to Respondents’ new legal arguments and suggest a path forward in this 

proceeding. 

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 Respondents’ submission did clarify they will not introduce any additional material facts in this case. 

Response at 10. 

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Complaint Counsel also opposes Respondents’ motion to strike Complaint Counsel’s 

Statement of Additional Material Facts on the ground that it was untimely. Response at 5. This 

motion must be denied because Complaint Counsel’s submission was filed on time in accordance 

with 16 C.F.R. § 4.3(a). Under that Rule, which addresses the computation of dates prescribed in 

Commission orders, the seven days for filing started to run the first business day after the Order 

was issued (i.e., on Monday, May 17). The Rule further specifies that when the relevant period 

set forth in an order is seven days or less, as here, Saturdays and Sundays are excluded. Id. As a 

result, Complaint Counsel’s filing was due on Tuesday, May 25. 

Dated: June 7, 2021 Respectfully submitted, 

s/ Elizabeth J. Averill 

Elizabeth J. Averill 

Jonathan Cohen 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, CC-9528 

Washington, DC 20580 

(202) 326-2993 (Averill); -2551 (Cohen) 

Eaverill@ftc.gov; Jcohen2@ftc.gov 

(202) 326-3197 (facsimile) 

Complaint Counsel 

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CERTIFICATE OF SERVICE 

I certify that I served a copy of Complaint Counsel’s Motion to Extend Date for 

Complaint Counsel’s Reply to Respondents’ Response to Complaint Counsel’s Statement of 

Material Facts and Opposition to Respondents’ Motion to Strike on counsel for the Respondents 

on June 7, 2021 via electronic mail. 

Joel Reese 

Joshua Russ 

Reese Marketos LLP 

750 N. Saint Paul St., Suite 600 

Dallas, TX 75201 

Joel.reese@rm-firm.com 

Josh.russ@rm-firm.com 

I also served one electronic copy via the Administrative E-Filing System and one electronic 

courtesy copy to the Office of the Secretary via email to ElectronicFilings@ftc.gov. 

I served one electronic courtesy copy via email to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Chief Administrative Law Judge 

600 Pennsylvania Ave, NW, Room H-110 

Washington, DC 20580 

s/ Elizabeth J. Averill 

Elizabeth J. Averill 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, CC-9528 

Washington, DC 20580 

(202) 326-2993; eaverill@ftc.gov 

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UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chairwoman 

Noah Joshua Phillips 

Rohit Chopra 

Christine S. Wilson 

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. 

DOCKET NO. 9397 

[PROPOSED] ORDER GRANTING COMPLAINT 

COUNSEL’S REQUEST FOR EXTENSION OF REPLY DATE 

AND DENYING RESPONDENTS’ MOTION TO STRIKE 

COMPLAINT COUNSEL’S STATEMENT OF ADDITIONAL MATERIAL FACTS 

On May 14, 2021, the Commission issued an Order requiring the parties to submit certain 

filings to clarify which factual issues continue to be disputed following the filing of 

Respondents’ Amended Answer (Mar. 30, 2021) and Respondents’ Stipulation as to “FencingIn” Relief (Apr. 13, 2021) (“Stipulation”). We requested these filings to assist us in determining 

the appropriate scope and manner of future proceedings. 

Respondents’ Response deviated from the issues set forth in the Order and advanced 

various legal arguments challenging the constitutionality of this proceeding, the Commission’s 

authority to consider facts outside of the Complaint under Rule 3.12(b)(2), and statutory 
 

 

 

 

 

 

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limitations on relief requiring Respondents to affirmatively engage in specific conduct in the 

future. See Respondents’ Response to Complaint Counsel’s Statement of Additional Material 

Facts (June 1, 2021) (“Response”). The Response did clarify Respondents will not: (1) accept or 

agree to the legality of any of the relief in the Notice of Contemplated Relief (Response at 8-10), 

or (2) introduce any additional facts in this matter outside of those alleged in the Complaint (Id. 

at 10). 

Complaint Counsel has requested an extension of time to file their reply. See Motion to 

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

Statement of Additional Material Facts (June 7, 2021). Rule of Practice 4.3(b) provides the 

Commission may extend time limits prescribed in an order “for good cause shown.” 16 C.F.R. § 

4.3(b). We find Complaint Counsel has demonstrated good cause for extending the date for 

filing their reply to June 21, 2021 because the original briefing schedule did not anticipate that 

Respondents’ Response would include numerous legal arguments requiring a more thorough 

submission than a brief reply. 

Respondents have also moved to strike Complaint Counsel’s Statement of Additional 

Material Facts on the ground that it was untimely. Response at 5. However, Complaint Counsel 

submitted their filing on time in accordance with 16 C.F.R. § 4.3(a). Accordingly, 

IT IS HEREBY ORDERED that Complaint Counsel’s Motion to Extend their Reply 

Date to June 21, 2021 is GRANTED. And 

IT IS FURTHER ORDERED that Respondents’ Motion to Strike Complaint Counsel’s 

Statement of Additional Material Facts included in their Response to Complaint Counsel’s 

Statement of Additional Material Facts is DENIED. 

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By the Commission. 

April J. Tabor 

Secretary 

SEAL: 

ISSUED: 

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