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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 1 of 68 

ABDIEL T. LEWIS (Cal. Bar No. 339339)

EVAN ROSE (Cal. Bar No. 253478)

Federal Trade Commission

Western Region San Francisco

90 7th St., Suite 14-300

San Francisco, CA 94103

alewis4@ftc.gov, erose@ftc.gov

Tel.: (415) 848-5100

Attorneys for Plaintiff

FEDERAL TRADE COMMISSION

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

PRECISION PATIENT OUTCOMES, INC.,

a corporation; and

MARGRETT PRIEST LEWIS,

individually and as CEO of Precision

Patient Outcomes, Inc.,

Defendants.

Case No.: 4:22-cv-7307

COMPLAINT FOR

PERMANENT INJUNCTION,

MONETARY RELIEF, CIVIL

PENALTY JUDGMENT, AND

OTHER RELIEF

Plaintiff, the Federal Trade Commission (“Commission” or “FTC”), for its Complaint

alleges:

1. Plaintiff brings this action under Sections 5(a)(1), 5(m)(1)(A), 12, 13(b),

16(a)(1), and 19 of the FTC Act, 15 U.S.C. §§ 45(a)(1), 45(m)(1)(A), 52, 53(b), 56(a)(1), 57b,

and the COVID-19 Consumer Protection Act (“COVID-19 Act”), Section 1401, Division FF, of

the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, which authorize the Plaintiff

to seek, and the Court to order, permanent injunctive relief, monetary relief, civil penalties, and

other relief for Defendants’ acts or practices in violation of Sections 5(a) and 12 of the FTC Act,

15 U.S.C. §§ 45(a), 52. The alleged violations are in connection with Defendants’ claims that

COMPLAINT 1
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 2 of 68 

vitamin supplements that Defendants manufacture and sell are proven to treat, prevent, or

mitigate COVID-19.

SUMMARY OF CASE

2. Defendants have developed, labeled, advertised, marketed, distributed, and sold

a dietary supplement under the names COVID Resist and VIRUS Resist. The product contains

500 milligrams of Vitamin C, 37 micrograms of Vitamin D3, 37 micrograms of Vitamin K2,

35 milligrams of Zinc, and 500 milligrams of Quercetin Dihydrate.

3. Defendants have explicitly or implicitly claimed that COVID Resist/VIRUS

Resist can treat, prevent, or mitigate COVID-19. Defendants have further claimed that there is

research and studies to support their health claims. Defendants lack any reasonable basis for

their health claims and misrepresent the research and studies they allege support their health

claims.

4. The Commission notified Defendants that deceptive advertising associated with

the treatment, cure, prevention, or mitigation of COVID-19 violates the FTC Act and the

COVID-19 Act. Defendants nonetheless continued to make false and unsubstantiated COVID19-related health claims. The Commission therefore files this suit to seek permanent injunctive

relief, monetary relief, a civil penalty judgment, and other relief in order to prevent the harms

caused by Defendants’ ongoing misrepresentations.

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§ 1331 because it arises under the laws of the United States. It also has subject matter

jurisdiction over this action pursuant to 28 U.S.C. § 1337(a) because it arises under an Act of

Congress regulating interstate commerce or protecting trade and commerce against restraints

and monopolies, and under 28 U.S.C. § 1345 because the FTC is the Plaintiff.

6. The Court has personal jurisdiction over Defendants because both Defendants

reside in this District and because the alleged acts giving rise to the claim occurred in this

District.

COMPLAINT 2
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 3 of 68 

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

(c)(2), and (d), and 15 U.S.C. § 53(b) because Defendants reside or transact business in this

District, Defendants reside in California, and because a substantial part of the events or

omissions giving rise to the claims occurred in this District. Pursuant to Civil L.R. 3-3(c) venue

is proper in the Oakland Division because a substantial part of the events or omissions which

give rise to the claims occurred in the Oakland Division.

DEFENDANTS

8. Defendant Precision Patient Outcomes, Inc. (“PPO”), is a California corporation

with its principal office or place of business at 808 Gilman Street, Berkeley, California 94710.

PPO 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, PPO has advertised,

marketed, distributed, or sold dietary supplements, COVID Resist and/or VIRUS Resist, to

consumers throughout the United States.

9. Defendant Margrett Priest Lewis (“Lewis”) is PPO’s co-founder, Chief

Executive Officer, Chief Financial Officer, Director, and Secretary. At all times relevant to this

Complaint, acting alone or in concert with others, she has formulated, directed, controlled, had

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

practices set forth in this Complaint. As alleged below, Lewis has been actively involved in

PPO’s business affairs and developed COVID Resist and VIRUS Resist. She has participated

in the promotion of COVID Resist and VIRUS Resist through, among other things, PPO’s

website, posts on PPO’s Facebook, Instagram, and TikTok accounts, her personal social media

accounts, sales calls with potential customers, and personal appearances in videos posted on

Facebook, Instagram, and TikTok. Lewis is quoted in these social media posts and videos

about the purported efficacy of COVID Resist and VIRUS Resist to treat, prevent, or mitigate

COVID-19. Lewis has been involved in all aspects of selling COVID Resist and VIRUS Resist

to consumers throughout the United States, including labeling, advertising, marketing, and

distribution. She 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.

COMPLAINT 3
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 4 of 68 

COMMERCE

10. At all times relevant 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

Defendants’ Communications with the FTC and Their Response

11. In or around May 2021, Defendants began advertising, marketing, and selling

COVID Resist on their website, www.ppo-health.com. Defendants made deceptive health

claims on their website and social media pages that COVID Resist can treat, prevent, or

mitigate COVID-19.

12. PPO sent a letter dated May 5, 2021, to the Acting Chair of the Commission.

Lewis signed the letter as PPO’s CEO. (Ex. 1).

13. Defendants’ letter stated that they were “planning to launch COVIDresistTM, a

multi-vitamin or dietary supplement, and invite[d] the FTC staff to review [Defendants’]

website at: https://ppo-health.com.”

14. Defendants’ letter stated that their “statements are supported with competent and

reliable scientific evidence” and that the products they sell are “clearly in compliance with the

FTC, [the Dietary Supplement Health and Education Act of 1994], and [the Food and Drug

Administration’s] regulations.”

15. Defendants requested a “written, detailed response” if the Commission had any

issue with the website, product labels, or other promotional materials. Defendants concluded

that if they did not receive a response, they would “trust that [they] are in compliance.”

16. On May 18, 2021, the Commission sent Defendants a written, detailed response.

(Ex. 2). The Commission’s response explained that the Commission “does not pre-review

advertising materials to opine on their compliance with the FTC Act or any other applicable

laws” and that it is “the advertiser’s sole responsibility to ensure compliance with truth-inadvertising laws and [that Defendants] should consult legal counsel if [they] seek an opinion on

the legality of [their] advertising.”

COMPLAINT 4
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 5 of 68 

17. The Commission’s response directed Defendants to several publicly available

resources that help marketers stay in compliance with the FTC Act, including the Commission’s

advertising guide for dietary supplements.

18. The Commission’s response informed Defendants of the Commission’s Policy

Statement on Deception, which explains the framework the FTC uses to determine whether

advertising is deceptive, including the manner in which the Commission evaluates the “net

impression” of ads considering all visual, textual, and aural elements of an ad.

19. The Commission’s response also included specific information on the

Commission’s efforts to protect consumers from deceptive claims about products that claim to

treat, cure, prevent, or mitigate COVID-19. It included a link to the roughly 400 warning letters

the Commission had sent to marketers advising that it is unlawful to advertise that products can

prevent, treat, or cure human disease unless they possess competent and reliable scientific

evidence, including, when appropriate, well-controlled human clinical studies, substantiating

that the claims are true at the time they are made.

20. The Commission’s response notified Defendants that the Commission “sent

numerous warning letters to marketers of supplements that include one or more of the same

ingredients as [Defendants’] proposed COVIDresist supplement.”

21. The Commission’s response also notified Defendants of a recent enforcement

action taken by the Commission against a chiropractor who claimed that Vitamin D and Zinc

(both of which are ingredients in Defendants’ products) were scientifically proven to treat or

prevent COVID-19. The response notified Defendants that this was the “first enforcement

action under the recently-enacted COVID-19 Consumer Protection Act, Section 1401, Division

FF, of the Consolidated Appropriations Act, 2021, P.L. 116-260.”

22. The Commission’s response notified Defendants that, “[p]ursuant to this law,

marketers who make deceptive claims about the treatment, cure, prevention, or mitigation of

COVID-19 are subject to a civil penalty of up to $43,792 per violation and may be required to

pay back money to consumers.”

COMPLAINT 5
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 6 of 68 

23. After receiving the Commission’s response letter, Defendants changed the name

of their product from COVID Resist to VIRUS Resist. Although Defendants removed the word

“COVID” from their product name, they continued to explicitly or implicitly claim that VIRUS

Resist can treat, prevent, or mitigate COVID-19.

24. In or around September 2021, Defendants created a new website,

www.ppolab.com. This new website also advertised, promoted, and sold the product under the

VIRUS Resist name.

25. Despite the Commission’s letter, Defendants continued to advertise and market

VIRUS Resist as a proven immunity booster that can treat, prevent, or mitigate COVID-19.

COVID Resist and VIRUS Resist

26. COVID Resist and VIRUS Resist are the same product. According to

Defendants, each capsule of COVID Resist/VIRUS Resist consists of 500 milligrams of

Vitamin C, 37 micrograms of Vitamin D3, 37 micrograms of Vitamin K2, 35 milligrams of

Zinc, and 500 milligrams of Quercetin Dihydrate. (Exs. 3, 4).

27. COVID Resist/VIRUS Resist is an ingestible product sold in capsule form. Each

bottle of COVID Resist/VIRUS Resist contains 60 capsules. (Exs. 3, 4).

28. Defendants instruct consumers to “take two (2) capsules daily, preferably with a

meal, or as directed by your physician.” (Exs. 3, 4).

29. Defendants have sold COVID Resist/VIRUS Resist for $34.95 a bottle.

Defendants have offered discounts for their product under both names, including when

consumers sign up for a subscription plan, and when consumers use the promotional code

“Resilience” when purchasing from the company’s websites.

Defendants’ Marketing of COVID Resist and VIRUS Resist

30. On March 2, 2021, PPO filed an application to trademark COVID Resist.

31. On May 25, 2021, PPO filed an application to trademark VIRUS Resist.

32. Beginning no later than May 2021, Defendants advertised the sale of COVID

Resist on their website, ppo-health.com. Their website depicted images of COVID Resist

bottles, identified the formula and ingredients, and stated that there was research to support their

COMPLAINT 6
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 7 of 68 

claims. Specifically, the website included a page titled “Our Research” with quotes and

references that Defendants claim support their claims.

33. Shortly after receiving the Commission’s response letter, Defendants also began

advertising VIRUS Resist on their website, ppo-health.com.

34. Thereafter, Defendants stopped advertising COVID Resist on ppo-health.com.

Defendants began to replace images of and references to COVID Resist with images of and

references to VIRUS Resist. The website, however, continued to include COVID-19-related

health claims about COVID Resist, even though it was no longer sold on the website.

35. In or around September 2021, Defendants created a new website, ppolab.com.

Defendants only sold VIRUS Resist on their new website. Although Defendants did not

advertise the sale of COVID Resist on their new website, they nonetheless made COVID-19-

related health claims about COVID Resist on ppolab.com.

36. In or around December 2021, Defendants automatically redirected anyone

visiting ppo-health.com to their new website, ppolab.com.

37. Between May 2021 and June 2022, PPO has promoted its product, initially

COVID Resist and then VIRUS Resist, on its social media pages, including Facebook,

Instagram, and TikTok.

38. Lewis also has promoted COVID Resist and VIRUS Resist on her personal

social media pages, including Facebook, Instagram, and TikTok.

39. To induce consumers to purchase COVID Resist/VIRUS Resist, Defendants

have represented that their product treats, prevents, or mitigates COVID-19. Defendants also

have represented that COVID Resist/VIRUS Resist is scientifically proven to treat, prevent, or

mitigate COVID-19. For example, Defendants’ websites and social media pages have contained

the following statements and depictions:

A. Website PPO-Health.com (captured Oct. 4, 2021)

 “COVIDresist Boosting Your Immunity, Naturally.” (Ex. 5).

 “VIRUS resistTM provides a foundation for a healthy immune system,

boosting the effectiveness of your body’s natural defenses against the

COMPLAINT 7
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 8 of 68 

virus and aiding the protection provided by the vaccine.” (Ex.6; page

16).

 Under an image of a bottle and label of VIRUS Resist, Defendants

state: “Research & Studies

...

We’re committed to evidence-based products and cite our sources.

...

Vitamin D: ‘The rationale for using vitamin D is based largely on

immunomodulatory effects that could potentially protect against

COVID-19 infection or decrease the severity of illness.’

https://www.covid19treatmentguidelines.nih.gov/supplements/vitami

n-d/

...

Zinc: ‘Zinc 30-50 mg/day (elemental zinc). Zinc is essential for

innate and adaptive immunity. In addition, Zinc inhibits RNA

dependent RNA polymerase in vitro against SARS-CoV-2 virus.’

https://www.evms.edu/media/evms_public/departments/internal_medi

cine/Marik_Critical_Care_COVID-19_protocol.pdf.

...

Quercetin: ‘Quercetin has direct viricidal properties against a range of

viruses, including SARS-CoV-2, and is a potent antioxidant and antiinflammatory agent....’

https://www.evms.edu/media/evms_public/departments/internal_medi

cine/Marik_Critical_Care_COVID-19_Protocol.pdf.” (Ex. 6; page

17).

 On the website’s homepage, which describes VIRUS Resist and

includes multiple images of bottles of VIRUS Resist, under a section

titled “Blog” Defendants state: “Vitamins You Need Before Your

COMPLAINT 8
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 9 of 68 

COVID Vaccine, Doctor Says ... Myers said research he collected

with his co-author, Grace McComsey, MD, ‘indicates that insufficient

levels of vitamin K2 ... are directly related to our susceptibility to

COVID-19 and the seriousness of the outcomes...” (Ex. 6; page 18).

 “There is a dearth of research and information on what supplements

would assist the immune system for respiratory diseases, including

COVID. There is, however, evidence that suggests the supplements in

the Marik COVID-19 Prophylaxis Protocol (Quercetin, Zinc, Vitamin

D and Vitamin C) may act synergistically against respiratory viruses,

including COVID.” (Ex. 7).

 On a page titled “Our Research” Defendants explain “the reasoning

behind why [they] chose [their] ingredients...why you should still

take the COVID resist supplement despite getting vaccinated... how

Americans have been impacted by anxiety and mental health issues

during the pandemic, and how COVID resist can help alleviate some

of the concerns about returning to post pandemic life.” Defendants

then provide a series of quotes, including, but not limited to:

“The following ‘cocktail’ may have a role in the

prevention/mitigation of COVID-19 disease. This cocktail is

inexpensive, safe, and widely available’ ... ‘Vitamin D3 2000-4000

iu/day ...Vitamin C 500 mg (twice daily) ... Quercetin 250-500 mg

(twice daily) ... Zinc (maintenance dose) (...) 30-50 mg/day.’ Marik

Protocol: Eastern Virginia Medical School.

...

“Zinc, Vitamin D and Vitamin C: Perspectives for COVID-19 With a

Focus on Physical Tissue Barrier Integrity .... ‘Some nutrients play

key roles in maintaining the integrity and function of the immune

system, presenting actions in steps determinant for the immune

COMPLAINT 9
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 10 of 68 

response. Among these elements, zinc and vitamins C and D stand

out for having immunomodulatory functions and playing roles in

preserving physical tissue barriers (...) Thus, during the COVID-19

pandemic, the adequate intake of zinc and vitamins C and D may

represent a promising pharmacological tool due to the high demand

for these nutrients in the case of contact with the virus and onset of

the inflammatory process. Ongoing clinical trials will help to clarify

the role of these nutrients for COVID-19 management.’

https://www.frontiersin.org/articles/10.3389/fnut.2020.606398/ful”

(Ex. 8; page 23).

B. Website PPOLab.com (captured Oct. 4, 2021)

 Next to an image of VIRUS Resist, Defendants state: “‘A dose of this

formula a day keeps viruses away’ ... and their variants. Take

COVID resistTM daily or for pre-exposure prophylaxis (PrEP), post

exposure prophylaxis (PEP), or as a therapeutic.” (Ex. 9).

 Under a section titled “Our Research” and next to an image of a bottle

of VIRUS Resist, Defendants state: “A Medical Protocol Published in

2020 By The Eastern Virginia Medical School, Showed That A

Powerful Cocktail Of Over The Counter Vitamins Could

Significantly Reduce The Mortality And Severity Of Illness From

COVID-19. Our Formula Follows The Same Recipe That This

Protocol Dictates.” (Ex. 10).

 Under a section titled “OUR EDGE” and next to an image of a bottle

of VIRUS Resist, Defendants state: “Proprietary Immune-Boosting

Blend ... Our proprietary blend of Vitamins C, D, K, Zinc, and

Quercetin is formulated based on data from clinical studies.” (Ex. 11).

 Under a section titled “WHY OUR INGREDIENTS” and next to an

image of a bottle of VIRUS Resist, Defendants state: “Vitamin D

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 11 of 68 

could potentially protect against COVID-19 infection and

deficiencies have been linked to more serious infections. It’s as

essential as sunshine.” (Ex. 12).

C. Facebook PPO Cover Page (captured Jan. 7, 2022)

 PPO’s Facebook page included an image with the words “Introducing

COVIDresistTM” next to a medical facemask emblazoned with the

words “WE WILL WIN.” (Ex. 13).

D. Facebook PPO May 3, 2021 (captured July 12, 2021)

 Defendants posted an image of COVID Resist’s label, which states:

“COVID Resist ... Clinically Formulated For Resiliency...Builds

Immunity ... Balance Deficiencies ... Respiratory Resilience.”

(Ex. 4).

E. Facebook PPO May 4, 2021 (captured Jan. 7, 2022)

 On a post that included an image of a bottle of COVID Resist,

Defendants stated: “COVIDRESISTTM IS NOT A SUBSTITUTE

FOR VACCINES, MASKS, NOR SOCIAL DISTANCING. IT IS

ANOTHER LAYER OF PERSONAL PROTECTION TO BE USED

IN ADDITION TO VACCINES, MASKS, & SOCIAL

DISTANCING.” The image included a comment with the hashtags

“#covidresist #commonsenseimmunity.” (Ex. 14).

F. Facebook PPO Aug. 27, 2021 (captured Jan. 10, 2022)

 Defendants posted a video of Lewis promoting VIRUS Resist, and

included the comment: “For all of us that are trying to keep our

immune system strong, healthy and Abell [sic] to handle everything

that’s going on. Please, consider Virus Resist.” (Ex. 15).

G. Facebook PPO Aug. 27, 2021 (captured Jan. 19, 2022)

 In a video, Lewis states: “Our Virus Resist is a boost to your immune

system ... Take your vitamins, because vitamins keep viruses away.

COMPLAINT 11
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 12 of 68 

So, vitamins are your best way to keep it away. Keep your immune

[sic] strong.” Defendants include the hashtags “#VirusResist

#immunebooster #HealthEngineering #broadspectrum #AllNatural

#Nontoxic.” (Ex. 16).

H. Instagram PPO Nov. 8, 2021 (captured Jan. 10, 2022)

 Days after it was publicly announced that NFL quarterback Aaron

Rodgers had tested positive for COVID-19, Defendants posted a

video of Rodgers stating: “I’m thankful for my medical squad...I’ve

been taking monoclonal antibodies, ivermectin, zinc, Vitamin C and

D, HCQ, and I feel pretty incredible.” Defendants captioned the

video: “NFL Quarterback Aaron Rodgers explained on Sunday that

his world class medical staff has him taking Vitamin C, Zinc and

Vitamin D to help boost his immune system. These are three of the

main ingredients now found in our product Virus Resist! Find it now

at: ppolab.com.” (Ex. 17).

I. Instagram PPO Nov. 9, 2021 (captured Jan. 10, 2022)

 Defendants posted a video of podcaster Joe Rogan asking Dr. Mark

Gordon, “If you’re going to put someone on a preventative protocol

for COVID, you would recommend Quercetin... at what dose?”

Defendants captioned the video, “Dr Mark Gordon, MD recommends

taking 500 mg of Quercetin and 30 mg of Zinc to promote immune

health. These are the exact dosages of Quercetin and Zinc found in

our product Virus Resist! Get it now at PPOLAB.com or

https://www.amazon.com/stores/PrecisionPatientOutcomes/page/050

591FD-A52A-416B-92D3-15F4e7A5CA18?ref_=ast_bln.” (Ex. 18).

J. Facebook PPO Nov. 12, 2021 (captured Jan. 19, 2022)

 Defendants posted a video of Dr. Rhonda Patrick on Joe Rogan’s

podcast stating, “In Indonesia... almost one hundred percent... of

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 13 of 68 

patients that die with COVID-19 were Vitamin D deficient. Only four

percent were Vitamin D sufficient.” Defendants captioned the video,

“Dr. Rhonda Patrick, Ph.D in Biomedical Science, explains the

importance of Vitamin D supplementation for boosting the bodies

[sic] immune system. Our product Virus Resist contains 37 mcg’s of

Vitamin D3 per serving! Find it now at PPOLAB.com.” (Ex. 19).

40. There are no competent and reliable human clinical studies substantiating that

COVID Resist/VIRUS Resist is effective in the treatment, prevention, or mitigation of COVID19.

41. Defendants cite to scientific studies, but ignore the studies’ conclusions and

limitations and instead rely on them for specific, deceptive claims about the quantitative

efficacy of their product and the ingredients in their product. For example:

A. Defendants cite a National Institute of Health (“NIH”) webpage to

support their claims regarding the efficacy of Vitamin D to treat, prevent,

or mitigate COVID-19. The very first sentence of the webpage — titled

“Recommendation” — states: “There is insufficient evidence to

recommend either for or against the use of vitamin D for the prevention

or treatment of COVID-19.” Although there are observational studies that

have explored correlations between low Vitamin D levels and an elevated

risk of infection or severe illness from the coronavirus, such

observational studies are not designed, and do not prove causation, i.e.,

that Vitamin D supplementation causes positive health outcomes in

connection with COVID-19.

B. Defendants cherry-picked quotes from an article to support their claims

about the efficacy of Vitamin C, failing to include the article’s warning

that the studies relied on “had a small number of participants, had a short

duration (only 3 days) and did not investigate the effects of using vitamin

C alone.” The article also states that “[d]espite the limitations of these

COMPLAINT 13
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 14 of 68 

studies with COVID-19 patients, their results highlight the importance of

a more detailed investigation of the use of vitamin C in this disease

treatment, since this micronutrient plays a key role in the development,

maintenance and expression of the immune response, factors that affect

the risk and severity of viral infection, such as SARS-CoV-2.”

C. To support their claims related to Vitamin K, Defendants quote a lifestyle

website’s interview of the authors of the book “Simplifying the COVID

Puzzle: How Two Essential Vitamins Fortify the Immune System.”

Defendants, however, fail to cite or quote from the book itself, which

specifically states that “[s]tatements made in this work have not been

evaluated by the FDA and are not intended to diagnose, treat, cure, or

prevent any disease.”

D. Contrary to Defendants claims, the sole published, completed randomized

clinical trial investigating the efficacy of Zinc as a preventive or

treatment for COVID-19 found no therapeutic benefit; and there are no

reliable published studies to support Defendants’ claims regarding the

efficacy of Quercetin to treat, prevent, or mitigate COVID-19.

42. Based on the facts and violations of law alleged in this Complaint, the FTC has

reason to believe that Defendants are violating or are about to violate the FTC Act and the

COVID-19 Act.

THE FTC ACT

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

acts or practices in or affecting commerce.”

44. Misrepresentations or deceptive omissions of material fact constitute deceptive

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

45. Section 12 of the FTC Act, 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 the purposes of Section

COMPLAINT 14
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 15 of 68 

12 of the FTC Act, 15 U.S.C. § 52, COVID Resist/VIRUS Resist is a “food” or “drug” as

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

THE COVID-19 ACT

46. Under Section (b)(1) of the COVID-19 Act, for the duration of the ongoing novel

coronavirus (COVID-19) public health emergency, it is unlawful for any person, partnership, or

corporation to engage in a deceptive act or practice in or affecting commerce in violation of

Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), that is associated with the treatment, cure,

prevention, mitigation, or diagnosis of COVID-19. COVID-19 Act, § 1401(b)(1).

47. On January 31, 2020, Secretary of Health and Human Services Alex M. Azar II,

pursuant to his authority under section 319 of the Public Health Service Act, Pub. L. No. 104-

321, codified at 42 U.S.C. § 247d, declared a public health emergency after he determined that a

public health emergency exists and has existed since January 27, 2020, nationwide, because of

the 2019 novel coronavirus (COVID-19).

48. The COVID-19 Act became law on December 27, 2020. As of the date of the

filing of this complaint, the public health emergency remains in effect.

49. A violation of Section (b)(1) of the COVID-19 Act is treated as a violation of a

rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the

FTC Act, 15 U.S.C. § 57a(a)(1)(B). COVID-19 Act, § 1401(c)(1).

50. Each dissemination of an advertisement in which Defendants violated the

COVID-19 Act by making one or more of the deceptive representations described above after

December 27, 2020, constitutes a separate violation for which Plaintiff seeks monetary civil

penalties.

51. Defendants violated the COVID-19 Act as described above, with the knowledge

required by Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A).

52. Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A), as modified by

Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461, the

Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-

74, sec. 701, 129 Stat. 599 (2015), and Section 1.98(d) of the FTC’s Rules of Practice,

COMPLAINT 15
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 16 of 68 

16 C.F.R. § 1.98(d), authorizes this Court to award monetary civil penalties of not more than

$46,517 for each violation of the COVID-19 Act after January 10, 2022, including penalties

whose associated violation predated January 13, 2021.

COUNT ONE

FTC Act: False or Unsubstantiated Efficacy Claims —

COVID Resist and VIRUS Resist

53. In numerous instances in connection with the advertising, marketing, promotion,

offering for sale, or sale of COVID Resist/VIRUS Resist, including through the means

described in Paragraphs 39-41 of this Complaint, Defendants have represented, directly or

indirectly, expressly or by implication, that COVID Resist/VIRUS Resist can treat, prevent, or

mitigate COVID-19.

54. On or after December 27, 2020, Defendants made the representations set forth in

Paragraph 53, which are associated with the treatment, prevention, or mitigation of COVID-19.

55. The representations set forth in Paragraph 53 are false or misleading, or were not

substantiated at the time the representations were made.

56. Therefore, the making of the representations as set forth in Paragraph 53 of this

Complaint constitutes a deceptive act or practice and the making of false advertisements in

violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a), 52.

57. Defendants committed the violations set forth in Paragraph 53 with the

knowledge required by Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A).

COUNT TWO

FTC Act: False Scientific Proof Claims —

COVID Resist and VIRUS Resist

58. In numerous instances in connection with the advertising, marketing, promotion,

offering for sale, or sale of COVID Resist/VIRUS Resist, including through means described in

Paragraphs 39-41 of this Complaint, Defendants have represented, directly or indirectly,

expressly or by implication, that COVID Resist/VIRUS Resist is scientifically proven to treat,

prevent, or mitigate COVID-19.

COMPLAINT 16
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 17 of 68 

59. On or after December 27, 2020, Defendants made the representations set forth in

Paragraph 58, which are associated with the treatment, prevention, or mitigation of COVID-19.

60. In truth and in fact, no well-controlled human clinical study has been conducted

on the efficacy of COVID Resist/VIRUS Resist, or its individual ingredients, to treat, prevent,

or mitigate COVID-19, and COVID Resist/VIRUS Resist is not scientifically proven to treat,

prevent, or mitigate COVID-19.

61. Therefore, the making of the representations as set forth in Paragraph 58 of this

Complaint constitutes a deceptive act or practice and the making of false advertisements in

violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a), 52.

62. Defendants committed the violations set forth in Paragraph 58 with the

knowledge required by Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A).

CONSUMER INJURY

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

substantial injury as a result of Defendants’ violations of the FTC Act. Absent injunctive relief

by this Court, Defendants are likely to continue to injure consumers and harm the public

interest.

PRAYER FOR RELIEF

Wherefore, Plaintiff, pursuant to Sections 5(a)(1), 5(m)(1)(A), 12, 13(b), 16(a)(1), and

19 of the FTC Act, 15 U.S.C. §§ 45(a)(1), 45(m)(1)(A), 52, 53(b), 56(a)(1), 57b, Section

1401(c)(2)(A) of the COVID-19 Act, and the Court’s own equitable powers, requests that the

Court:

A. Enter a permanent injunction to prevent future violations of the FTC Act and the

COVID-19 Act by Defendants;

B. Award monetary and other relief within the Court’s power to grant;

C. Award Plaintiff monetary civil penalties from Defendants for each violation of

Section 5(a) of the FTC Act pursuant to the COVID-19 Act; and

D. Award Plaintiff any additional relief as the Court determines to be just and

proper.

COMPLAINT 17
 

 

 

 

 

 

 

 

 

 

 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 18 of 68 

Respectfully Submitted,

Dated: November 18, 2022 /s/ Abdiel T. Lewis

ABDIEL T. LEWIS

EVAN ROSE

Federal Trade Commission

Western Region San Francisco

90 7th St., Suite 14-300

San Francisco, CA 94103

Tel.: (415) 848-5100

Attorneys for Plaintiff

FEDERAL TRADE COMMISSION

COMPLAINT 18
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 19 of 68 

TABLE OF EXHIBITS

Page Exhibit Description

1 1 May 5, 2021 letter sent from Margrett Lewis, as CEO

of PPO, to the Acting Chair of the Commission

6 2 May 18, 2021 letter sent from the Commission to

Margrett Lewis, as CEO of PPO

9 3 Screen capture of ppolab.com’s product page for

Virus Resist (captured Sept. 28, 2021)

11 4 Screen capture of May 3, 2021 Facebook post by

PPO (captured July 12, 2021)

13 5 Screen capture of ppo-health.com’s “Cart” page

(captured Oct. 4, 2021)

15 6 Screen capture of ppo-health.com’s home page

(captured Oct. 4, 2021)

19 7 Screen capture of ppo-health.com’s “About Us” page

(captured Oct. 4, 2021)

21 8 Screen capture of ppo-health.com’s “Our Research”

page (captured Oct. 4, 2021)

27 9 Screen capture of ppolab.com’s product page for

Virus Resist (captured Oct. 4, 2021)

29 10 Screen capture of ppolab.com’s product page for

Virus Resist (captured Oct. 4, 2021)

31 11 Screen capture of ppolab.com’s product page for

Virus Resist (captured Oct. 4, 2021)
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 20 of 68 

33 12 Screen capture of ppolab.com’s home page (captured

Oct. 4, 2021)

35 13 Screen capture of the PPO’s Facebook cover page

(captured Jan. 7, 2022)

37 14 Screen capture of May 4, 2021 Facebook post by

PPO (captured Jan. 7, 2022)

39 15 Screen capture of Aug. 27, 2021 Facebook post by

PPO (captured Jan. 10, 2022)

41 16 Screen capture of Aug. 27, 2021 Facebook post by

PPO (captured Jan. 19, 2022)

43 17 Screen capture of Nov. 9, 2021 Instagram post by

PPO (captured Jan. 10, 2022)

45 18 Screen capture of Nov. 9, 2021 Instagram post by

PPO (captured Jan. 10, 2022)

47 19 Screen capture of Nov. 12, 2021 Facebook post by

PPO (captured Jan. 19, 2022)
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 21 of 68 

Exhibit 1

1
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 22 of 68 

2
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 23 of 68 

3
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 24 of 68 

4
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 25 of 68 

5
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 26 of 68 

Exhibit 2

6
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 27 of 68 

7
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 28 of 68 

8
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 29 of 68 

Exhibit 3

9
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 30 of 68 

Website ppolab.com - Virus resist page (captured on Sept. 28, 2021)

10
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 31 of 68 

Exhibit 4

11
 

 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 32 of 68 

Facebook post on May 3, 2021 (captured July 12, 2021)

12
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 33 of 68 

Exhibit 5

13
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 34 of 68 

Website ppo-health.com - Cart page (captured on Oct. 4, 2021)

14
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 35 of 68 

Exhibit 6

15
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 36 of 68 

Website ppo-health.com – home page (captured on Oct. 4, 2021)

16
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 37 of 68 

17
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 38 of 68 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 39 of 68 

Exhibit 7

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 40 of 68 

Website ppo-health.com - About Us page (captured on Oct. 4, 2021)

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 41 of 68 

Exhibit 8

21
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 42 of 68 

Website ppo-health.com – Our Research page (captured on Oct. 4, 2021)

22
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 43 of 68 

23
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 44 of 68 

24
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 45 of 68 

25
Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 46 of 68 

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 47 of 68 

Exhibit 9

27
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 48 of 68 

Website ppolab.com -Virus Resist page (captured on Oct. 4, 2021)

28
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 49 of 68 

Exhibit 10

29
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 50 of 68 

Website ppolab.com -Virus Resist page (captured on Oct. 4, 2021)

30
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 51 of 68 

Exhibit 11

31
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 52 of 68 

Website ppolab.com -Virus Resist page (captured on Oct. 4, 2021)

32
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 53 of 68 

Exhibit 12

33
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 54 of 68 

Website ppolab.com - home page (captured on Oct. 4, 2021)

34
 

 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 55 of 68 

Exhibit 13

35
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 56 of 68 

Facebook cover page (captured on Jan. 7, 2022)

36
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 57 of 68 

Exhibit 14

37
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 58 of 68 

Facebook post on May 4, 2021 (captured on Jan. 7, 2022)

38
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 59 of 68 

Exhibit 15

39
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 60 of 68 

Facebook video post on Aug. 27, 2021 (captured on Jan. 10, 2022)

40
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 61 of 68 

Exhibit 16

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 62 of 68 

Facebook video post on Aug. 27, 2021 (captured on Jan. 19, 2022)1

1

“Our Virus Resist is a boost to your

immune system ... Take your

vitamins, because vitamins keep

viruses away. So, vitamins are your

best way to keep it away. Keep your

immune [sic] strong. ...

#VirusResist #immunebooster.”

1 The personal information of the commentor has been redacted to protect the individual’s privacy.

42
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 63 of 68 

Exhibit 17

43
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 64 of 68 

Instagram post on Nov. 8, 2021 (captured on Jan. 10, 2022)

44
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 65 of 68 

Exhibit 18

45
 

 

 

 

 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 66 of 68 

Instagram post on Nov. 9, 2021 (captured on Jan. 10, 2022)

In the video, Rogan asks Dr. Mark Gordon, “If

you’re going to put someone on a preventative

protocol for COVID, you would recommend

Quercetin... at what dose?”

46
 

Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 67 of 68 

Exhibit 19

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Case 3:22-cv-07307-AGT Document 1 Filed 11/18/22 Page 68 of 68 

Facebook post on Nov. 12, 2021 (captured on Jan. 19, 2022)

In the video, a guest on the Joe Rogan show is

seen saying, “In Indonesia... almost one hundred

percent... of patients that die with COVID-19

were Vitamin D deficient. Only four percent were

Vitamin D sufficient.”

48