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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/15/2021 | OSCAR NO. 600494 | PUBLIC

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

WHOLE BODY SUPPLEMENTS, LLC, 

a limited liability company, and DOCKET NO. 9397 

KRAMER DUHON, 

individually and as an officer of 

HEALTH RESEARCH LABORATORIES, LLC 

and WHOLE BODY SUPPLEMENTS, LLC. 

COMPLAINT COUNSEL’S PRELIMINARY WITNESS LIST 

Pursuant to the Scheduling Order in this matter, Complaint Counsel provides our 

preliminary witness list. We reserve the right: 

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

may be identified by Respondents as a potential witness in this matter and any person 

from whom discovery is sought; 

B. to further supplement or revise this preliminary witness list as discovery progresses and 

circumstances may warrant; 

C. to identify rebuttal witnesses after we have an opportunity to depose Respondents’ 

witnesses and review Respondents’ expert reports; and 

D. 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: 
 

 

 

 

 

 

 

 

 

 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/19/2021 | OSCAR NO. 600494 | PUBLIC

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1. Kramer Duhon 

Kramer Duhon is a Respondent in this matter. He is the owner and has served as a managing 

member and officer of Health Research Laboratories, LLC (“HRL”) and Whole Body 

Supplements, LLC (“WBS”). We expect Mr. Duhon may testify about: 

• Management, ownership, and operation of HRL and WBS 

• His roles and responsibilities related to HRL and WBS 

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

• Employees, 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 

• Sales information and revenues for Neupathic, UHF, Black Garlic Botanicals, and BG18 

after January 16, 2018 

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

Botanicals, and BG18 

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

• FDA warning letter issued to HRL and Mr. Duhon dated October 9, 2014 

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

• Authenticity of corporate documents and filings of HRL and WBS 

• Factual bases for the defenses asserted in Respondents’ Answer 

2. Kyle Duhon 

Kyle Duhon is Kramer Duhon’s nephew and worked with the Respondents. We expect that he 

may testify about: 

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

• Management and 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 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/19/2021 | OSCAR NO. 600494 | PUBLIC

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• 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 

• 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 

3. Richard Cohen 

Richard Cohen worked with the Respondents and is featured in advertising for Neupathic, UHF, 

Black Garlic Botanicals, and BG18. He reviewed advertising for the Respondents. We expect 

that Mr. Cohen may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• Services or products that Mr. Cohen provided to Respondents 

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

• Contracts or agreements 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 

• Authenticity of documents produced to Complaint Counsel related to this matter 

4. Inna Yegorova 

Ms. Yegorova worked with the Respondents. We expect that she may testify about: 

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

• 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 1/19/2021 | OSCAR NO. 600494 | PUBLIC

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• Scientific evidence or substantiation related to claims in advertising and marketing for 

Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Authenticity of documents produced to Complaint Counsel related to this matter 

5. Kurt Komae 

Mr. Komae is a copywriter who has worked with the Respondents. We expect Mr. Komae may 

testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• Services or products that Mr. Komae provided to Respondents 

• Respondents’ advertising and marketing after January 16, 2018 

6. Curtis Walcker 

Mr. Walcker is an owner of Dietary Supplement Experts, LLC and worked with the Respondents 

as a consultant. We expect he may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

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

provided to Respondents 

• Mr. Walcker’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 

• Scientific evidence or substantiation related to claims in advertising and marketing for 

Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Authenticity of documents produced to Complaint Counsel related to this matter 

7. Andrew Graham or corporate designee under Rule 3.33(c)(1) for Ship-Right 

Solutions, LLC 

Complaint Counsel’s understanding is that Ship-Right Solutions, LLC handled fulfillment of 

orders and some customer service functions for the Respondents. We expect that Mr. Graham or 

another corporate designee may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• Communications with Respondents’ customers about Neupathic, UHF, Black Garlic 

Botanicals, or BG18 

• Services or products that Ship-Right Solutions, LLC provided to Respondents 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/19/2021 | OSCAR NO. 600494 | PUBLIC

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• Authenticity of documents produced to Complaint Counsel related to this matter 

8. Stephen Kimball 

Complaint Counsel’s understanding is that Mr. Kimball is a copywriter who worked with 

Respondents on their advertising. We expect Mr. Kimball may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• Services or products that Mr. Kimball and/or Stephen Kimball DM Copywriting, LLC 

provided to Respondents 

• 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 or substantiation related to claims in advertising and marketing for 

Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Customer demographics and/or target markets for Respondents’ advertising and 

marketing 

• Authenticity of documents produced to Complaint Counsel related to this matter 

9. Joseph Russo or corporate designee under Rule 3.33(c)(1) for Impulse Media, Inc. 

Impulse Media, Inc. worked with Respondents, and Mr. Russo is the President and CEO of the 

company. We expect that Mr. Russo or another corporate designee may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• Services or products that Mr. Russo and/or Impulse Media, Inc. provided to Respondents 

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

BG18 

• Customer demographics and/or target markets for Respondents’ advertising and 

marketing 

• Customer data used by Respondents for advertising and marketing 

• Information related to the dissemination of advertising and marketing for Neupathic, 

UHF, Black Garlic Botanicals, and BG18 

• Authenticity of documents produced to Complaint Counsel related to this matter 

10. Thomas Saracco 

Mr. Saracco was the owner of Direct Access Marketing Services, Inc. (“Direct Access”), which 

ceased doing business in 2018. Direct Access provided products and services to Respondents 

related to implementing direct mail advertising campaigns. We expect that Mr. Saracco may 

testify about: 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/19/2021 | OSCAR NO. 600494 | PUBLIC

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

• Communications with Kramer Duhon, Kyle Duhon, and/or Impulse Media, Inc. 

• Services or products that Direct Access provided to Respondents 

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

BG18 

• Information related to the dissemination of advertising and marketing by direct mail 

11. Scott Scordas 

Mr. Scordas and Event Management Concepts, Inc. d/b/a Evolution Marketing Concepts 

(“EMC”) provided products and services to Respondents related to printing and mailing 

advertisements to consumers in the United States. Mr. Scordas is an owner and officer of EMC. 

We expect he may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• Services or products that Mr. Scordas and/or EMC provided to Respondents related to 

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

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

BG18 

• Production and dissemination of advertising and marketing for Neupathic, UHF, Black 

Garlic Botanicals, and BG18 in the United States 

• Authenticity of documents produced to Complaint Counsel in this matter 

12. Phil Terriaca 

Phil Terriaca is a founder of TLC Global Impression (“TLC”), a marketing agency based in 

Montreal, Canada. TLC worked with Respondents. We expect Mr. Terriaca may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• Services or products that Mr. Terriaca and/or TLC provided to Respondents related to 

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

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

BG18 

• Production and dissemination of advertising and marketing for Neupathic, UHF, Black 

Garlic Botanicals, and BG18 in Canada 

• Authenticity of documents produced to Complaint Counsel in this matter 

13. Teddy Liaw or corporate designee under Rule 3.33(c)(1) for NexRep, LLC 

Teddy Liaw is the CEO of NexRep, LLC (“NexRep”). Complaint Counsel’s understanding is 

that NexRep assisted Respondents with customer service and/or telemarketing. We expect Mr. 

Liaw or other corporate designee may testify about: 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/19/2021 | OSCAR NO. 600494 | PUBLIC

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

• Communications with Kramer Duhon and Kyle Duhon 

• Communications with Respondents’ customers related to Neupathic, UHF, Black Garlic 

Botanicals, or BG18 

• Services or products that NexRep provided to Respondents 

• Authenticity of documents produced to Complaint Counsel in this matter 

14. Jennifer Osterhouse 

Ms. Osterhouse is a graphic artist who worked with Respondents to design and develop 

advertisements for Neupathic and UHF. We expect she may testify about: 

• Communications with Kramer Duhon and Kyle Duhon about advertising and marketing 

for Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Communications with Stephen Kimball about advertising and marketing for Neupathic, 

UHF, Black Garlic Botanicals, and BG18 

• Development, design, review, revision, and approval of advertisements for Neupathic and 

UHF (Complaint Exs. C & D) 

• Authenticity of documents produced to Complaint Counsel in this matter 

15. 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”). Complaint Counsel’s 

understanding is that Pure Source manufactured and/or packaged Neupathic, UHF, Black Garlic 

Botanicals, and BG18 for Respondents. We expect Mr. Myerson or another corporate designee 

may testify about: 

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

• Communications with Kramer Duhon and Kyle Duhon 

• 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 

• Testing or quality control related to Neupathic, UHF, Black Garlic Botanicals, and BG18 

• Authenticity of documents produced to Complaint Counsel in this matter 

16. Andrew Lustigman 

Andrew Lustigman is an attorney and partner at Olshan Frome Wolosky LLP, who previously 

represented the Respondents. To the extent there is a waiver by Respondents of the attorneyclient privilege, Mr. Lustigman may testify about any of the following topics. 

• Management, ownership, and operation of HRL and WBS 

• Communications with Kramer Duhon or other individuals related to Neupathic, UHF, 

Black Garlic Botanicals, and BG18 

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FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 1/19/2021 | OSCAR NO. 600494 | PUBLIC

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• Employees, agents, and consultants working with HRL and WBS 

• 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 advertising claims 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 

• FDA warning letter issued to HRL and Mr. Duhon dated October 9, 2014 

• Communications with Kramer Duhon or other individuals related to FTC and State of 

Maine v. Health Research Laboratories, LLC et al., 2:17-cv-00467-JDL (D. Maine) 

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

• Factual bases for the defenses asserted in Respondents’ Answer 

17. Adam Rottner 

Mr. Rottner is an investigator assigned to the FTC’s Bureau of Consumer Protection, Division of 

Enforcement, who has performed website captures related to websites operated by the 

Respondents and also obtained corporate filings for HRL and WBS. We expect he may testify 

about: 

• His preparation of website captures of HRL and WBS company websites on September 

18, 2019 

• To the extent that Respondents challenge the authenticity of corporate filings, Mr. 

Rottner may testify about the corporate records he requested from the Nevada Secretary 

of State for WBS. 

18. Leslie Lewis 

Mr. Lewis is a Litigation Support Specialist assigned to the FTC’s Bureau of Consumer 

Protection, Division of Enforcement (“Division”), who is responsible for receiving some 

documents sent to the Division as well as maintaining records and databases for the Division. 

• To the extent Respondents challenge the authenticity of documents previously produced 

by Respondents to the Division or the authenticity of corporate filings of HRL and WBS 

obtained by the Division, Mr. Lewis may provide testimony related to the authenticity of 

documents. 

19. Grant Welby 

Mr. Welby is a paralegal employed by the Federal Trade Commission, who is assigned to work 

on this matter with Complaint Counsel. Mr. Welby is serving as a custodian for document 

productions to Complaint Counsel from third parties and Respondents. 

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• To the extent Respondents challenge the authenticity of documents produced to 

Complaint Counsel by third parties or Respondents in this matter, Mr. Welby may 

provide testimony related to the authenticity of documents. 

s/ Elizabeth J Averill 

Elizabeth J. Averill 

Complaint Counsel 

Federal Trade Commission 

600 Pennsylvania Ave, NW, CC-9528 

Washington, DC 20580 

Telephone: 202-326-2993 

Email: eaverill@ftc.gov 

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CERTIFICATE OF SERVICE AND CERTIFICATE OF ELECTRONIC FILING 

I hereby certify that on January 15, 2021, I caused a true and correct copy of the foregoing 

Complaint Counsel’s Preliminary Witness List to be filed and served as follows: 

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. 

One electronic courtesy copy via email to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave, N.W., Room H-110 

Washington, DC 20580 

One electronic copy to Counsel for Respondents: 

Joel W. 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 

s/ Elizabeth J. Averill 

Elizabeth J. Averill 

Complaint Counsel 

Federal Trade Commission 

600 Pennsylvania Ave, NW, CC-9528 

Washington, DC 20580 

Telephone: 202-326-2993 

Email: eaverill@ftc.gov 

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