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F.T.C. v. BRONSON PARTNERS, LLC

Docket No. 10-0878-cv.

654 F.3d 359 (2011)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. BRONSON PARTNERS, LLC, d/b/a New England Diet Ctr, d/b/a/ Bronson Day Spa; Martin Howard; and H & H Marketing, LLC, Defendants-Appellants, Sandra Howard, Defendant.

United States Court of Appeals, Second Circuit.

Decided: August 19, 2011.

Attorney(s) appearing for the Case

Lawrence Demille-Wagman , Federal Trade Commission, Washington, DC ( Willard K. Tom , John F. Daly , on the brief) ( Robin E. Eichen , Nur-ul-Haq, Federal Trade Commission, New York, NY, of counsel), for Plaintiff-Appellee.

Steven P. Caley , Kelley Drye & Warren LLP, New York, N.Y. ( Lewis M. Rose , Daniel S. Blynn , Damon W. Suden , on the brief), for Defendants-Appellants.

Before: CALABRESI, WESLEY, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

In 2003 and 2004, Bronson Partners, LLC, Martin Howard, H & H Marketing, and Sandra Howard (collectively, "Bronson") advertised and sold two purportedly miraculous weight loss products. According to advertisements, Bronson's Chinese Diet Tea "SHEDS POUND AFTER POUND OF FAT — FAST!" Among other claims, Bronson's advertisements also proclaimed that the Chinese Diet Tea "[e]liminates an amazing 91% of absorbed sugars," "[p]revents...

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