There is no evidence submitted to support defendant's contention. In fact, defendant does not address the issue in her 31 page response. The court finds that the distributional market includes the direct sales market and all OTC outlets in the continental U.S. 2. Once again, although defendant argues at length, there is no evidence in the record to support such a statement. Defendant cannot point to anything which would prove that full strength aloe vera beauty products are not interchangeable with other products of this type.
Defendant attempts to distinguish the United States v.
The DuPont case is indistinguishable from the case presently before the court. Defendant attempts to show, through the affidavit of Edna Hennessee, that FLP products are not interchangeable with other beauty and cosmetic products in the OTC market. Consumers who purchase FLP products purchase the product not for its basic use as a health care or beauty product, but because they perceive full strength aloe vera products manufactured by FLP as superior to other beauty and health care products. Opposition, p. 5. The same can be said of beauty and health care products.