FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/26/2021 | OSCAR NO. 601265 | Page 1 of 6 | PUBLIC

________________________________________________ 

________________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chair 

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 WITHDRAW COMPLAINT COUNSEL’S EXPEDITED MOTION TO 

RESCHEDULE EVIDENTIARY HEARING DATE AND REQUEST FOR SCHEDULE 

On April 20, 2021, the Chief Administrative Law Judge transferred the case to the 

Commission for a final decision. In light of that decision, Complaint Counsel withdraws its 

Expedited Motion to Reschedule Evidentiary Hearing Date filed on March 30, 2021. 

Respondents’ Counsel has advised Complaint Counsel that they do not oppose this withdrawal. 

Instead, Complaint Counsel asks the Commission to set a schedule for future 

proceedings. The Commission’s Rules of Practice do not set a standard briefing schedule for 

proceedings following a respondent’s decision to admit allegations pursuant to Rule 3.12(b)(2). 

Complaint Counsel proposes the schedule set forth below, which Respondents oppose. 
 

 

 

 

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COMPLAINT COUNSEL’S PROPOSED SCHEDULE 

June 7, 2021 – Complaint Counsel files briefing and proposed order with the Commission. 

July 12, 2021 – Respondents file briefing and proposed order with the Commission. 

July 26, 2021 – Complaint Counsel files reply with the Commission. 

Dated: April 26, 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 

2 
 

 

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CERTIFICATE OF CONFERENCE 

The undersigned counsel represents that she and Jonathan Cohen conferred with 

Respondents’ counsel, Joel Reese, on April 23, 2021 in a good faith effort to resolve by 

agreement the issues raised in this motion. Respondents do not oppose Complaint Counsel’s 

withdrawal of the Expedited Motion to Reschedule Evidentiary Hearing Date. Respondents 

oppose the briefing schedule proposed by Complaint Counsel in this Motion. 

s/ Elizabeth Averill 

Elizabeth Averill 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, CC-9528 

Washington, DC 20580 

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

3 
 

 

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CERTIFICATE OF SERVICE 

I certify that I served a copy of this Motion to Withdraw Complaint Counsel’s Expedited 

Motion to Reschedule Evidentiary Hearing Date and Request for Schedule on counsel for the 

Respondents on April 26, 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 

4 
 

 

 

 

 

 

 

 

 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/26/2021 | OSCAR NO. 601265 | Page 5 of 6 | PUBLIC

________________________________________________ 

________________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chair 

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] SCHEDULING ORDER 

On November 13, 2020, the Commission issued an administrative Complaint against 

Respondents Health Research Laboratories, LLC, Whole Body Supplements, LLC, and Kramer 

Duhon alleging that advertising for their Black Garlic Botanicals, BG18, The Ultimate Heart 

Formula, and Neupathic products violated Sections 5(a) and 12 of the Federal Trade Commission 

Act. Respondents admitted all material allegations in the administrative Complaint pursuant to 

16 C.F.R. § 3.12(b)(2) and have consented to certain relief.

1 

1 See Respondents’ Stipulation as to “Fencing-in” Relief (April 13, 2021); Respondents’ Expedited Motion to 

Partially Reconsider May 6, 2021 Order Granting Complaint Counsel’s Motions to Compel and Statement of 

Impasse (April 13, 2021); Respondents’ Expedited Amended Motion to Partially Reconsider April 6, 2021 Order 

Granting Complaint Counsel’s Motions to Compel (April 15, 2021). 
 

 

 

 

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On April 20, 2021, the Chief Administrative Law Judge transferred the case to the 

Commission for final decision pursuant to 16 C.F.R. § 3.12(b)(2). On April 26, 2021, Complaint 

Counsel filed a motion withdrawing their Expedited Motion to Reschedule Evidentiary Hearing 

Date and requesting a schedule for future proceedings before the Commission. 

IT IS ORDERED that the following briefing schedule is adopted. 

June 7, 2021 – Complaint Counsel files briefing and proposed order with the Commission. 

July 12, 2021 – Respondents file briefing and proposed order with the Commission. 

July 26, 2021 – Complaint Counsel files reply with the Commission. 

By the Commission. 

April J. Tabor 

Acting Secretary 

SEAL: 

ISSUED: 

2