western district of pennsylvania federal ......the nutrimost system does not involve a restrictive...

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF PENNSYLVANIA FEDERAL TRADE COMMISSION, Plaintiff, v. NutriMost LLC, also d/b/a NutriMost, NutriMost Pittsburgh, NutriMost System, NutriMost Weight Loss System, and NutriMost Weight Loss Program, a limited liability company, NutriMost Doctors, LLC, also d/b/a NutriMost, NutriMost Weight Loss System, EZ Practice Growth, and EZ Practice Management System, a limited liability company, and Raymond Wisniewski, individually and as owner and officer of NutriMost LLC and NutriMost Doctors, LLC, Defendants.

Case No. ____________ COMPLAINT FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF

Plaintiff, the Federal Trade Commission (FTC), for its Complaint alleges:

1. The FTC brings this action under Section 13(b) of the Federal Trade Commission

Act (FTC Act), 15 U.S.C. § 53(b), to obtain permanent injunctive relief, rescission or

reformation of contracts, restitution, the refund of monies paid, disgorgement of ill-gotten

monies, and other equitable relief for Defendants’ acts or practices in violation of Sections 5(a)

and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52, in connection with Defendants’ deceptive

advertising, marketing, and sale of weight loss and health-related systems and products.

Case 2:17-cv-00509-NBF Document 1 Filed 04/20/17 Page 1 of 28

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JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a),

and 1345, and 15 U.S.C. §§ 45(a) and 53(b).

3. 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).

PLAINTIFF

4. The FTC is an independent agency of the United States Government created by

statute. 15 U.S.C. §§ 41-58. The FTC enforces Section 5(a) of the FTC Act, 15 U.S.C.

§ 45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce. The

FTC also enforces Section 12 of the FTC Act, 15 U.S.C. § 52, which prohibits false

advertisements for food, drugs, devices, services, or cosmetics in or affecting commerce.

5. The FTC is authorized to initiate federal district court proceedings, by its own

attorneys, to enjoin violations of the FTC Act and to secure such equitable relief as may be

appropriate in each case, including rescission or reformation of contracts, restitution, the refund

of monies paid, and the disgorgement of ill-gotten monies. 15 U.S.C. §§ 53(b) and 56(a)(2)(A).

DEFENDANTS

6. Defendant NutriMost LLC (“NutriMost”), also doing business under numerous

fictitious names including NutriMost, NutriMost Pittsburgh, NutriMost System, NutriMost

Weight Loss System, and NutriMost Weight Loss Program, is a Pennsylvania limited liability

company organized in 2007, with its principal place of business at 10483 Frankstown Road,

Pittsburgh, Pennsylvania, and its registered office at 135 Bella Vista Ct., Murrysville,

Pennsylvania. NutriMost operates weight loss centers, and transacts or has transacted business


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in this district and throughout the United States. At times material to this Complaint, acting

alone or in concert with others, NutriMost has advertised, marketed, distributed, or sold its

weight loss system – often referred to as the NutriMost Ultimate Fat Loss System or NutriMost

Weight Loss Program (“NutriMost System”) – and weight loss or health-related products to

consumers throughout the United States. NutriMost also licensed the NutriMost System

nationwide to chiropractic doctors and/or other licensed practitioners, who promoted and sold the

NutriMost System to the public through their own centers or practices.

7. Defendant NutriMost Doctors, LLC (“NutriMost Doctors”), also doing business

under numerous fictitious names including NutriMost, NutriMost Weight Loss System,

EZ Practice Growth, and EZ Practice Management System, is a Pennsylvania limited liability

company, organized in April 2014, with its principal place of business at 10483 Frankstown

Road, Pittsburgh, Pennsylvania, and its registered office at 135 Bella Vista Ct., Murrysville,

Pennsylvania. NutriMost Doctors transacts or has transacted business in this district and

throughout the United States. NutriMost Doctors was created at least in part to franchise the

NutriMost System. NutriMost Doctors has franchised the NutriMost System nationwide to

chiropractors and/or other licensed practitioners, who promote and sell the NutriMost System to

the public through their own practices.

8. Defendant Raymond Wisniewski is the owner, president, and sole operator and

manager of NutriMost and NutriMost Doctors. Defendant Wisniewski, a licensed chiropractor,

created the NutriMost System and endorses it in advertisements appearing nationwide. He

participates in the sale of the NutriMost System to consumers, signs licensing and franchise

agreements on behalf of NutriMost and NutriMost Doctors, conducts training for licensees and


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franchisees, including training on sales, and is responsible for NutriMost and NutriMost Doctors’

advertising claim substantiation. Defendant Wisniewski created and/or participated in creating

the advertising and marketing materials for the NutriMost System. At all times material to this

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

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

Doctors, including the acts and practices set forth in this Complaint. Defendant Wisniewski

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.

Common Enterprise

9. Starting in approximately April 2014 with the formation of NutriMost Doctors,

and continuing thereafter, Defendants NutriMost and NutriMost Doctors (collectively,

“Corporate Defendants”) have operated as a common enterprise while engaging in the deceptive

and unlawful acts and practices alleged below. The Corporate Defendants have conducted the

business practices described below through interrelated companies that have common ownership,

officers, managers, business functions, employees, and office locations.

10. The Corporate Defendants operate out of the same primary location, are owned

and operated by Defendant Wisniewski, and have common employees. Consumers who

purchase the NutriMost System from NutriMost sign an agreement with the Corporate

Defendants and Defendant Wisniewski. NutriMost owns the intellectual property of the

NutriMost System, including the technology, branding, and marketing images and materials that

comprise the NutriMost System and/or that are used to market it. NutriMost has granted

NutriMost Doctors the right to advertise and franchise the NutriMost System. NutriMost


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Doctors uses NutriMost’s merchant account when accepting payments for products and supplies

from franchisees; and NutriMost Doctors’ franchisees are shipped their orders for products and

supplies from NutriMost. NutriMost has initiated a private lawsuit to enforce the rights of

Defendants under an agreement between a third party and NutriMost Doctors.

11. Because these Corporate Defendants have operated as a common enterprise, each

of them is jointly and severally liable for the acts and practices alleged below. Defendant

Wisniewski has formulated, directed, controlled, had the authority to control, or participated in

the acts and practices of the Corporate Defendants that constitute the common enterprise.

COMMERCE

12. At all times material 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

13. Since as early as approximately fall of 2012 and continuing thereafter, Defendants

have advertised, marketed, promoted, offered for sale, and sold the NutriMost System, created by

Defendant Wisniewski. Defendants offer the NutriMost System from eight locations in the

Pittsburgh area and sell the NutriMost System and related weight loss and health products to

consumers nationwide. Defendants also have licensed and/or franchised the NutriMost System

to chiropractors and/or other licensed professionals nationwide, and Defendants have provided

their licensees/franchisees with advertising, promotional materials, and products, among other

things, to enable them to advertise, market, promote, offer for sale, and sell the NutriMost

System to the public through their own practices.


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Defendants’ Marketing of the NutriMost System to Consumers

14. Defendants have advertised, marketed, and promoted the NutriMost System

through their websites, including NutriMost.com, NutriMostPittsburgh.com and others

(“NutriMost Websites”), on social media such as Facebook, on the radio, in newspaper print ads,

and in other marketing and promotional materials. Defendants have represented, through

express claims, implied claims, and consumer testimonials, that NutriMost System’s

“breakthrough technology” causes users to safely lose substantial amounts of weight, typically

20-40 pounds or more, in 40 days. Defendants have also represented, among other things, that

the NutriMost System does not involve a restrictive diet, and that it causes permanent weight

loss, targeted weight and fat loss, and allows users to burn from 2,000-7,000 calories of fat per

day.

15. Defendants have charged consumers $1,895 for the NutriMost System. To date,

Defendants have grossed more than $12 million in sales of the NutriMost System to consumers.

16. To induce consumers to purchase the NutriMost System, Defendants have

disseminated or have caused to be disseminated advertisements, including but not necessarily

limited to the attached Exhibits A through E. These advertisements have contained the

following statements and depictions, among others:

a. NutriMost System Website (January 26, 2016), excerpts. [www.nutrimostpittsburgh.com] (Exhibit A)

Lose 20 to 40 pounds or more in just 40 days? … It sounds too good to be true, but it’s real.

* * *

The NutriMost Ultimate Fat Loss System is safe, fast, and effective. It’s completely different from any diet program you’ve tried before. You’ll clear out harmful toxins and


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balance your hormones as you lose fat at an unbelievable pace. And the best part? The results are permanent. Following your 40 days of fat loss, NutriMost will reset your metabolism and weight set point, so you can keep the weight off for good! Imagine yourself being 20 to 40 pounds lighter in just 40 days. It would take you months and months to lose that much weight with other programs, but this safe, doctor-supervised system works in just 6 weeks, guaranteed. [Exhibit A, p. 2.]

* * *

Other weight loss programs mistakenly focus almost entirely on the diet. We focus on the breakthrough technology that enables us to Turn OFF fat storage and Turn ON fat burning. It’s not your fault that it has been difficult to lose weight … Utilizing NRF Technology, and the NutriMost Ultimate Fat Loss scan, we now have the technology to assess nearly every factor of fat burning, fat storage and fat metabolism. [Exhibit A, p. 3.]

* * *

With this scan, we are able to create a personalized and customized plan that will address your body’s top organ stressors as well as find the best products to balance those biological stressors. [Exhibit A, p. 3.]

* * * The NutriMost Ultimate Fat Loss Scan has been programmed to help give your body the nutritional tools that it needs to overcome your specific imbalances and to bring your body into a very narrow hormonal range for optimum fat burning. [Exhibit A, p. 3.]

* * *

Most weight loss programs will tell you that you have to count calories to lose weight. They have this principle at their core. If you lower caloric intake and increase your activity level, you will lose weight. Is this true? Absolutely! The common solution is to either plan a diet with certain foods to restrict your daily calories or provide pre-packaged food from a box. Here is the problem, regardless which path you take to get there: You will gain


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your lost weight right back. As you lower your caloric intake, your metabolism begins to slow. It has less work to do. Your body needs calories to fuel it so it will burn fat, muscle, etc. The problem appears after the weight is lost. Eventually you will go back to eating a normal, sustainable amount of food each day. Since your metabolism has nearly bottomed out, however, it can’t process all the food you are eating. Those calories get stored right back into your body as fat. Calories are not the key to losing weight. The most effective way to lose fat is balancing hormones and neurotransmitters, detoxifying the body and balancing vitamins and minerals in a way that gets you into an incredible fat burning zone. Because of groundbreaking NRF Technology, we now have a way to lose weight faster, easier, better, and healthier than ever before. The NutriMost system finds your body’s specific weaknesses, balances the imbalances, and strengthens your body to reach optimal health. [Exhibit A, pp. 5-6.]

* * *

With NutriMost Resonant Frequency (NRF) Technology we don’t treat the diabetes … instead we help to determine the body’s needs after assessing all of the factors concerning how your body can overcome and correct diabetes. This is why we say that NRF Technology is “The MOST Powerful Technology for a BETTER Life”. [Exhibit A, p. 20.]

* * *

NRF Technology gives the body a tremendous opportunity to overcome many seemingly recalcitrant conditions that have been difficult to respond to in the past. This blog will often times take the opportunity to explain how NRF Technology can help the body overcome many of these health challenges. Psoriasis is one of those types of conditions. [Exhibit A, p. 21.]


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b. NutriMost System Video Appearing on NutriMost Websites, (November 27, 2015), excerpts.

[www.nutrimostpittsburgh.com and www.nutrimost.com] (Transcript attached as Exhibit B; DVD recording submitted as Exhibit B.1)

JOE VARACO: Hi, my name is Joe Varaco and I’ve lost 32 pounds in three-and-a-half weeks on the NutriMost System… [Exhibit B, p. 4.]

ANN: My name is Ann and I lost 50 pounds with NutriMost. [Exhibit B, pp. 4-5.]

FEMALE ANNOUNCER: Because of advanced NRF technology, you could easily lose 20 to 45 pounds or more in just 40 days, with absolutely no hunger and no exercise required, with no pre-packaged meals and no drugs, hormones or surgery, a way that’s safe and doctor supervised, a program that’s not just about weight loss but is good for your body and your overall health. It sounds too good to be true. But thanks to breakthrough technology, there is a way and it’s called NutriMost. [Exhibit B, p. 5.]

DR. RAY WISNIEWSKI: Nearly every other program focuses almost entirely on the diet, which actually turns off fat burning and turns on fat storage, which is why so many people who diet find it so easy to gain back their weight and usually more. While NutriMost focuses on the breakthrough technology to get your body into this amazing fat-burning state. You can’t get these results this fast and this dramatic any other way without this technology. [Exhibit B, pp. 6-7.]

DR. RAY WISNIEWSKI: Take Gene Sheller. Here’s a guy 270 pounds, he had fatty liver, diabetic, high blood pressure, high cholesterol, sleep apnea. He was on tons of medications. That’s before the program. After the program, down to 185 pounds, no meds, his metabolic age went from 90 down to just 55 years old. The big thing about Gene was he was going to a liver specialist, one of the top liver specialists in the country for fatty liver, and the thing was that once he did the program and the specialist even put it in his notes, he said since his weight loss, he’s been able to stop his diabetes medication, his blood


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pressure, cholesterol meds…. They were so impressed by that that the doctor contacted me, asked how in the world we do this. I explained what we did, explained the technology, and the first thing he said was, do you realize what you created, this is absolutely amazing. [Exhibit B, pp. 8-9.]

DR. RAY WISNIEWSKI: We all gain weight differently due to our hormones. See, some carry weight in their belly, some in their buttocks, and others in their arms and their legs. NRF technology is the key to solving your body’s specific imbalances. NRF stands for NutriMost resonant frequency technology. Our NRF scan finds your ultimate fat-burning zone by utilizing electrical impedance resonant frequency technology with galvanic skin response. Your NRF scan can determine and create unique formulas that are specific for your body. These formulas are more unique than your fingerprint. It is so customized and specific that no two people are ever the same. [Exhibit B, p. 13.]

DR. RAY WISNIEWSKI: The foundation of our entire process is the three personalized and customized formulas that are created using NRF technology which is then dosed for your body…. There is an energy formula for hormones, neurotransmitters, vitamins and minerals. There’s a detox formula for toxins, heavy metals, bacteria, viruses, nanobacteria, mycoplasma and candida. And there is the specific weight loss formulation. These formulas bring the body into that perfect fat-burning zone and healing zone. [Exhibit B, pp. 14-15.]

DR. RAY WISNIEWSKI: When you combine the NutriMost Ultimate Fat Loss System protocols with NRF technology, you are not only able to get into that optimum fat-burning zone, but your body is also able to enter into an optimal healing zone, known as autophagy. AUTOPHAGY is where your body innately knows to eliminate the bad, degenerated cells and replace them with good, healthy cells, allowing the body to heal and regenerate from a number of health challenges, including acid reflux, thyroid conditions, diabetes, psoriasis, eczema, high blood pressure, high cholesterol, sleep apnea, asthma, fatty liver, lupus and other health and autoimmune challenges. [Exhibit B, pp. 15-16.]


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FEMALE ANNOUNCER: Because of NRF technology, we are able to hit the switch to turn fat burning on and fat storage off. In fact, with NutriMost technology, you can burn anywhere from 2,000 to 7,000 calories of fat per day. This groundbreaking program guides your body into a special fat-burning zone based on your hormones so you experience dramatic, safe weight loss in a very short period of time. [Exhibit B, p. 17.]

RACHEL: My name’s Rachel and I lost 50 pounds with NutriMost. So, I was thinking, well, even if it works and I can lose the weight, chances are I won’t be able to keep it off if I go back to eating any way close to what I used to eat. And I’ve been able to keep it off now since – eight months. [Exhibit B, p. 17.]

DR. RAY WISNIEWSKI: Here’s a comparison between NutriMost and the three most popular weight loss programs. They don’t get you into fat burning; NutriMost does. The time period to lose 30 pounds typically is 20 to 30 weeks. NutriMost is 30 days for men, 40 days for women. They don’t target abnormal fat; we do. They don’t raise and reset the metabolism; we do. They don’t reset the weight set point; we do. They don’t utilize NRF technology and they’re not personalized and customized. They’re not doctor-supervised. They don’t guarantee the results and they have a higher cost per pound loss than NutriMost. [Exhibit B, p. 20.]

c. NutriMost System Website (January 26, 2016), excerpts. [www.nutrimost.com] (Exhibit C)

[Exhibit C, p. 5.]

* ∗ ∗


LOSE 20 to 40+ POUNDS IN 40 DAYS!!! Lose 1-2 Poullls Per Dav-Where You want To Lose!!

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[Exhibit C, p. 6.]

* * * There is no longer any need to go another day being overweight! NRF Technology will determine EXACTLY what your body is missing and allow you to lose 20-40 pounds or more in only 40 days. NutriMost Doctor’s [sic] use the NRF technology to find out what is going on with each person and then create a balance for them nutritionally. It’s very different from other weight loss programs. [Exhibit C, p. 8.]

d. NutriMost System Website (March 21, 2013), excerpts.


COMPARISON THE TOP 3 WEIGHT vs.

1 LOSS PROGRAMS DR. RAYS NOTRIMOST OLTIMATE FAT LOSS SYSTEM USING mo

CERF GSRTECNNOLOGY

TH ETDP 3 W El CHT OR. Rlf'S NUTH I lll ST LOSS PROGRAMS UlllMATE FITLOSSSYSTEM

FAT BURNING X NO YES TIME PERIOD TO LOSE 20-30WEEKS 40DAYS 3OPOUNDS

TARGIJS ABNORMAL FAT X NO YES IIIUY Ml.l.!t.111111. 'SOil 1• 1 RESETS METABOLISM X NO YES

RESETS WllGHI' X NO YES SlTPOINT ELIMINATES HUNGER & X NO YES CRAVINGS

ADDRESSESAll 5 X NO YES ESSENTIALS OF FAT LOSS UTILIZES ClRF GSR X NO YES TECHNOLOGY

DOCTOR SUPERVISED X NO YES GUARANTHD RESULTS X NO YES COST PER POUND LOST X HIGHER LOWER

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[www.weightlossanswerman.com] (Exhibit D)

LOSE 20 to 40+ POUNDS IN 40 DAYS!!! Lose 1-2 Pounds Per Day – Where You Want To Lose!! and ... KEEP IT OFF!! [Exhibit D, p. 1.]

* * *

My Exclusive Weight Loss System is completely SAFE & has been PROVEN to Work!

It’s UNIQUE, it WORKS, it’s FAST, & it’s SIMPLE as we walk you through so that you can IMMEDIATELY begin to lose 1-2 pounds per day without any radical change in your lifestyle, without surgery and without harmful drugs.

Dr. Ray is one of only 9 Doctors in the world and one of only 2 doctors East of the Mississippi river who are Certified Authors for the (CERF GSR) Comprehensive Electro-Impedance Resonant Frequency Galvanic Skin Response scans. Dr. Ray has authored 4 of the most advanced scans ever developed. However, this ultimate Fat burning scan is unlike anything else ever created, for it helps determine your body’s biological preferences to keep your body in the narrow fat burning zone. This scan took 30 years of clinical experience and many months of programming to create this phenomenal technological advancement, to help get you into the OPTIMAL fat burning zone and lose 25 to 45+ pounds in just a mere 40 days!! [Exhibit D, p. 2.]

* * *

Fat Virtually Melts Away NO Exercise! NO Strenuous Dieting! NO Radical Changes in Your Lifestyle NO Shots! NO Hormones!


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NO Drugs! NO Surgery! Simple and Easy-to-Follow!! PERSONALIZED with the CERF GSR (Comprehensive Electro-Impedance Resonant Frequency Galvanic Skin Response Scan utilizing the NutriMost Fat Loss Program, authored by Dr. Ray Wisniewski, “the Weight Loss Answerman” Lose the Fat where you want to LOSE … and KEEP IT OFF … PERMANENTLY!! It’s GUARANTEED!! This program actually TARGETS the difficult to lose fat such as the belly, hips, buttocks, gut and “love handles”

* * *

You may think that losing this much weight this fast is unsafe, and in nearly all cases I would agree with you; however, using this amazing technology & protocol, not only is it safe and easy, but typically you will also discover that … you won’t be hungry … [and] your weight loss will be targeted to those most undesirable fat areas… [Exhibit D, pp. 2-3.]


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e. Print Advertisement [Pittsburgh Post-Gazette, August 2, 2015] (Exhibit E)

[Exhibit E, p. 1.]

* * *

[Exhibit E, p. 2.]

* * *


I II

PITTSBURGH POST-GAZETTE • S\IIDAY, AllGIIST 2, 1015 • 1\1\W/.POST-GAZETTE.COM

LOSE 20 · 45+ POUNDS lMl40 DAYS GUARANTEED!'

'7tt ~ Pt-W~ 1~ ~ ~ E£11£~ ~,,

This is the most awesome weight loss program!!! I tried the other programs, and initially they worked for me but I gained the weight back. o ·r. Ray TARGETS the areas you need to lose . It transformed my body! I'm not hungry ... ln 18 days I have lost 21 pounds and I am steamrolling toward my goals ... This program is absolutely, and I mean absolutely amazing. If you want to lose weight... You want this program! Believe me, you will NOT be disappointed!

-Car la W.

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[Exhibit E, p. 4.]

* * *


GENE IS A 71-YEAR OLD GENTELIIAN WTTH A METABOLJC SYNDROME WHO WAS SENT TO ME FOR MILD ELEVAnON IN HIS LJVER FUNCTION TEST AND IMAGING SUGGESnVE OF FATTY LIVER.

t. Gene has made a truly remarkable turn around over the last year to IOSf 75 pounds at his age. He attributes most of this to his weight loss program. 2, Since his weight loss, he has been able to stc,p his diabetes, blood pressure and cholestlKOI m«iicatiOM. and based on his laboratory studies today, I do not se. any need tor him to restart them. 3, Equally impressively, the patient underwent an ultrasound today, which showed rtSOIUtion of his fatty/Iver. 4. Gene is a true model I think of what can be done in patients with fatty liver. He is one of the few patients I have seen who has had radiographic evidence of resolution in his fat.

-Gene Sheller

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[Exhibit E, p. 5.]

* * *


NEW BREAKTHROUGH TECHNOlOGIES 844-Klll-FAT

www.844killlat.com

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[Exhibit E, p. 6.]

* * *


AA-2

LOSE 20 - 45+ POUNDS va,v40 DAYS

GUARANTEED! * ''Ttt HOS! P()W~ 1~ ~ ~ -C£11£~ 4t"

Ji '1/J IS'li,lftt.1,._.,.,,1,,7 ,,,,,,,,,,,Sj'l'l'l'l'l'lgl'''l'l'l'''l'I ,1orkt,ltll I t,1olwloJ 11,,!~I .1 .

RENEE ROSATI

BEFORE .......••.....•• OBESE %Body Fat ....•••...... .46.8% Water¾ .........•..........• 39% Visceral Fat ..•.....•.... .. •..• 11 Metabolic Age •.......•. 81yo.

AFTER .. ..•.... .... .. HEALTHY %Body Fat •.•......••..• 31.4% Water % .................. 47.9% Visceral Fat ................. ... . 5 Metabolic Age ......•... 36i,o.

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**Before and After: Woman [sic] average 27-32 pounds and Men average 35-45 pounds in weight loss within 40 days. These are typical results.

[Exhibit E, pp. 7-8.]

* * *

IMMEDIATE & LASTING RESULTS My exclusive fat loss system utilizes technology that is not available anywhere else … I know because I created the NutriMost Ultimate Fat Loss Scan that is used with the most advanced biocommunication instrument to help you lose that stubborn weight, naturally, quickly, easily and keep it off permanently. This incredible tool will help you bring your body in the optimum fat burning zone, delivering immediate and lasting results THAT ARE GUARANTEED!!


- , I DR . VINCE FRAUMENI LOST

31 POUNDS IN 39 DAYS!! -

Dr Vt('IC4t Fraumon, sttvOQIOd w,th woiQht his entire .. ,. He su).tOd . ""I was apend tuo tour Of" hvo oaya at the QY"" o,ICh weok. WOOC.lng out on the tteC!tdm,11 ()I' t'hO ettiphcal tnactw"8 tor 30 or 40 m1nu1os l would struggle '° IOse ono or two pounds, (ind then whoo I did I wo,ul(I broak dOwn 8nd rewatd myaou w1.th a Pl:zz,, Of' sorne""""O hko th.O.l whieh ceua.od me to ga\n thO welght that I ~•• bock plus~• ---n--.. sy8tcM'n •• 90 dlttcrent. I tost the we\ght. but I was nevo,r hungry I l"H')VOr hod a craving . I can"l bet.eve hew eaay 1t was. and the best pan Is that " sto.yod on l ..

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Not only will you lose weight, but you will also improve your appearance, complexion, and even your body structure. In addition to weight loss, I have witnessed numerous health issues such as: diabetes, high cholesterol, thyroid issues, high blood pressure, sleep apnea and liver disease become eliminated, just by following this system. WHAT SETS US APART FROM EVERY OTHER WEIGHT LOSS PROGRAM? In addition to customizing your weight loss program, Dr. Ray Wisniewski utilizes his 30 years of clinical experience being on the forefront of hormones and weight loss and has incorporated the use of the NutriMost Ultimate Fat Loss Scan through the NRF (Comprehensive Electro-Impedance Resonant Frequency) Instrument & technology. Dr. Ray is the creator and programmer of this remarkable Scan using NRF Technology. The NutriMost Fat Loss Scan is designed specifically for your body to keep it in this optimal FAT BURNING ZONE by determining the specific remedies for your toxic load that can be preventing optimal fat burning, as well as specific nutrients and remedies to promote optimal hormones and neurotransmitters for Fat Loss. [Exhibit E, p. 9.]

17. As shown in Paragraph 16, above, Defendants’ advertisements have included

testimonials from individuals who purportedly followed the NutriMost System, and who attribute

their significant weight loss and improved health to it. Defendants’ print advertisements have

often included before-and-after photos, and Defendants’ websites and videos have included clips

of consumers stating their views about and experiences with the NutriMost System. Defendants

have represented, both expressly and by implication, that these consumers’ experiences represent

what consumers can expect to achieve with Defendants’ NutriMost System.


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18. In fact, in some instances, the testimonials are from consumers who did not

follow Defendants’ NutriMost System being advertised – for example, Gene Sheller (see, e.g.,

Exhibit B and Exhibit E) and “Carla W.” (see, e.g., Exhibit E). Other consumer testimonials are

of NutriMost licensees or franchisees (such as “Vince”), their relatives (such as “Rachel,” who is

married to a NutriMost franchisee) (see, e.g., Exhibit B), or their employees (such as “Renee”)

(see, e.g., Exhibit E), facts which are not disclosed in Defendants’ advertisements.

19. Defendants have conducted no scientific studies to support the claims they have

made regarding the NutriMost System, including the claims Defendants have made about the

NutriMost System’s technology, embedding NutriMost Resonant Frequencies, scans,

supplements, and weight loss and health-related results.

20. Starting in approximately October 2014, Defendants have required consumers

who purchase the NutriMost System to sign an agreement that includes a “non-disparagement”

clause in its terms and conditions section. The non-disparagement clause purports to prohibit

consumers from making any statement or comment through any online media, and specifically to

the Better Business Bureau, regardless of truthfulness, “that disparages, criticizes or otherwise

casts in a negative light,” the “effectiveness, results or credibility” of the NutriMost System, any

of its services or products, its business practices, or any aspect of services received from

NutriMost or any employee, officer, or manager. It provides that if the consumer violates the

non-disparagement clause, then the consumer agrees to pay Defendants $35,999 in liquidated

damages.

21. Although Defendants have represented that the NutriMost System does not focus

on diet or calories, in fact, after consumers purchase the NutriMost System, Defendants provide


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them with a Manual and a Journal that explain that the NutriMost System requires users to

follow a very low-calorie diet of about 500 calories a day for more than 40 days, and requires

users to follow certain rules about the types of foods they can consume, and when such foods can

and cannot be consumed.

Defendants’ Licensing and Franchising of the NutriMost System

22. Defendants’ licensees and/or franchisees sell the NutriMost System to consumers

through their own clinics. Defendant NutriMost began licensing the NutriMost System in 2013,

and stopped granting new licenses in approximately mid-2014, when Defendants began to

franchise the NutriMost System instead. However, after mid-2014, Defendants continued

servicing existing licensees by fulfilling licensees’ orders for NutriMost System materials and

products, and by accepting licensees’ royalty payments pursuant to their license agreement.

23. Defendants have authorized their licensees and/or franchisees to use the

NutriMost System, including its technology, supplements, products, and materials provided to

purchasers; provided them with training and support; and allowed them to use the NutriMost

System standardized marketing and advertising materials containing the claims in Paragraphs 16

and 17, above. Defendants also have provided their franchisees with sales and refund

agreements to use with consumers that contain the non-disparagement clause described in

Paragraph 20, above.

24. The NutriMost System has been marketed and sold nationwide in more than 160

locations in approximately 30 states. As of August 2015, Defendants generated gross revenues

of at least $19 million in fees to franchisees alone.


23

VIOLATIONS OF THE FTC ACT

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

or practices in or affecting commerce.”

26. Misrepresentations or deceptive omissions of material fact constitute deceptive

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

27. 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 purposes of Section 12

of the FTC Act, 15 U.S.C. § 52, NutriMost System weight loss and health-related products are

“foods” or “drugs” as “foods” and “drugs” are defined in Section 15(b) and (c) of the FTC Act,

15 U.S.C. § 55(b) and (c).

28. Acts or practices are unfair under Section 5 of the FTC Act if they cause or are

likely to cause substantial injury to consumers that consumers themselves cannot reasonably

avoid and that is not outweighed by countervailing benefits to consumers or competition.

15 U.S.C. § 45(n).

COUNT I

DECEPTIVE WEIGHT LOSS AND DISEASE CLAIMS

29. Through the means described in Paragraphs 16 and 17, above, Defendants have

represented, directly or indirectly, expressly or by implication, that the NutriMost System:

a. consists of technology and personalized supplements that enable users to lose

substantial amounts of weight quickly, including 20-40 pounds in 40 days;

b. does not require consumers to follow a restrictive diet;


24

c. is safe for all users;

d. enables the user to achieve permanent weight loss;

e. enables the user to burn 2,000-7,000 calories of fat per day;

f. targets abnormal fat;

g. allows the user to achieve targeted weight loss; and

h. is effective in the treatment and/or cure of multiple diseases, including diabetes or

psoriasis.

30. The representations set forth in Paragraph 29 are false or misleading, or were not

substantiated at the time the representations were made.

31. Therefore, the making of the representations as set forth in Paragraph 29 of this

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

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

52.

COUNT II

FAILURE TO DISCLOSE VERY LOW CALORIE DIET


represented, directly or indirectly, expressly or by implication, that the NutriMost System

consists of “technology” and supplements.

33. In numerous instances in which Defendants have made the representation set forth

in Paragraph 32, they have failed to disclose or disclose adequately that the NutriMost System

requires users to follow a very low calorie diet of approximately 500 calories a day. This fact

would have been material to consumers in deciding whether to purchase the NutriMost System.


25

34. Defendants’ failure to disclose or disclose adequately the material information

described in Paragraph 33, in light of the representation described in Paragraph 32, constitutes a

deceptive act or practice and the making of false advertisements, in or affecting commerce, in

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

COUNT III

FALSE OR MISLEADING CONSUMER TESTIMONIALS


represented, directly or indirectly, expressly or by implication, that consumer endorsers

appearing in advertisements for the NutriMost System are describing their experiences with the

program Defendants are promoting in the advertisement.

36. In truth and in fact, in numerous instances, consumer endorsers appearing in

advertisements for the NutriMost System are not describing their experiences with the program

Defendants are promoting in the advertisement.

37. Therefore, the making of the representation as set forth in Paragraph 35 of this

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

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

52.

COUNT IV

FAILURE TO DISCLOSE MATERIAL CONNECTIONS


represented, directly or indirectly, expressly or by implication, that consumers appearing in

advertisements for the NutriMost System are endorsers of the NutriMost System.


26

39. In numerous instances in which Defendants have made the representation set forth

in Paragraph 38, they have failed to disclose or disclose adequately that certain of the consumers

appearing in their advertisements operate a NutriMost System franchise or otherwise sell the

NutriMost System, and/or that they are employees or relatives of franchisees or licensees.

These facts would have been material to consumers in deciding whether to purchase the

NutriMost System.

40. Defendants’ failure to disclose or disclose adequately the material information

described in Paragraph 39, in light of the representation described in Paragraph 38, constitutes a

deceptive act or practice and the making of false advertisements, in or affecting commerce, in

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

COUNT V

UNFAIR USE OF NON-DISPARAGEMENT PROVISION

41. As described in Paragraph 20, in numerous instances, Defendants have used in the

sale of the NutriMost System, and purported to bind purchasers to, a contractual provision that

prohibits purchasers from publishing truthful or non-defamatory negative comments or reviews

about the Defendants, their products, or their employees.

42. Defendants’ practice as described in Paragraph 41 has caused or is likely to cause

substantial injury to consumers that is not reasonably avoidable by consumers and that is not

outweighed by countervailing benefits to consumers or competition.

43. Defendants’ practice as described in Paragraph 41 therefore constitutes an unfair

act or practice in violation of Section 5 of the FTC Act, 15 U.S.C. § 45(a) and (n).


27

COUNT VI

MEANS AND INSTRUMENTALITIES TO LICENSEES AND FRANCHISEES

44. Through the means described in Paragraphs 6 through 11, 13, 14, 16, 17, and 20

through 23, above, Defendants have provided licensees and/or franchisees with training, support,

marketing, and advertising materials that contain the false, misleading, deceptive, or

unsubstantiated representations set forth in Paragraphs 29, 32, 35, and 38, above, and with

contracts to use with consumers that include the unfair provision set forth in Paragraph 41,

above.

45. By furnishing others with training, support, and materials described in Paragraph

44, Defendants have provided the means and instrumentalities for the commission of deceptive

and unfair acts and practices, in violation of Section 5 of the FTC Act, 15 U.S.C. § 45(a) and (n).

CONSUMER INJURY

46. Consumers have suffered and will continue to suffer substantial injury as a result

of Defendants’ violations of the FTC Act. In addition, Defendants have been unjustly enriched

as a result of their unlawful acts or practices. Absent injunctive relief by this Court, Defendants

are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest.

THIS COURT’S POWER TO GRANT RELIEF

47. Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), empowers this Court to grant

injunctive and such other relief as the Court may deem appropriate to halt and redress violations

of any provision of law enforced by the FTC. The Court, in the exercise of its equitable

jurisdiction, may award ancillary relief, including rescission or reformation of contracts,


28

restitution, the refund of monies paid, and the disgorgement of ill-gotten monies, to prevent and

remedy any violation of any provision of law enforced by the FTC.

PRAYER FOR RELIEF

Wherefore, Plaintiff FTC, pursuant to Section 13(b) of the FTC Act, 15 U.S.C. § 53(b),

and the Court’s own equitable powers, requests that the Court:

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

Defendants;

B. Award such relief as the Court finds necessary to redress injury to consumers

resulting from Defendants’ violations of the FTC Act, including but not limited to, rescission or

reformation of contracts, restitution, the refund of monies paid, and the disgorgement of

ill-gotten monies; and

C. Award Plaintiff the costs of bringing this action, as well as such other and

additional relief as the Court may determine to be just and proper.

Respectfully submitted, David Shonka Acting General Counsel Dated: April 20, 2017 /s/ Dana C. Barragate Dana C. Barragate (OH Bar 0065748) Christopher D. Panek (OH Bar 0080016) Federal Trade Commission East Central Region 1111 Superior Ave., E., Suite 200 Cleveland, OH 44114 216-263-3455 216-263-3426 (fax) [email protected], [email protected] Attorneys for Plaintiff FEDERAL TRADE COMMISSION


mailto:[email protected]:[email protected]

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Case 2:17-cv-00509-NBF Document 1-2 Filed 04/20/17 Page 1 of 24

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THE NUTRIMOST ULTIMATE FAT LOSSSYSTEMLose 20 to 40 pounds or more in just 40 days? I'm guessing you're intrigued... but probably a bit skeptical too.It sounds too good to be true, but it's real. NutriMost is an amazing, revolutionary weight-loss program that issweeping America, and it can completely change your life!

With NutriMost, you'll transform your body, inside and out. And, as you watch the pounds melt away, you'llalso be correcting hormone levels and restoring balance to your body.

The NutriMost Ultimate Fat Loss System is safe, fast, and effective. It’s completely different from any dietprogram you've tried before. You'll clear out harmful toxins and balance your hormones as you lose fat at anunbelievable pace. And the best part? The results are permanent. Following your 40 days of fat loss,NutriMost will reset your metabolism and weight set point, so you can keep the weight off for good!

Imagine yourself being 20 to 40 pounds lighter in just 40 days. It would take you months and months to losethat much weight with other programs, but this safe, doctor-supervised system works in just 6 weeks,guaranteed.

02.LISTEN TO THETESTIMONIALS

03.SIGN UP FOR AFAT LOSS EVENT





THE NUTRIMOST DIFFERENCEOther weight loss programs mistakenly focus almost entirely on the diet. We focus on the breakthroughtechnology that enables us to Turn OFF fat storage and Turn ON fat burning. It’s not your fault that it hasbeen difficult to lose weight. Powerful chemicals in your food scramble and disrupt your hormones andneurotransmitters, making your body resistant to weight loss and exercise. Utilizing NRF Technology, and theNutriMost Ultimate Fat Loss scan, we now have the technology to assess nearly every factor of fat burning, fatstorage and fat metabolism. The assessment includes organs, hormones, neurotransmitters, vitamins,minerals, toxins, heavy metals, parasites bacteria, viruses, mycoplasma, candida and biotoxins.

With this scan, we are able to create a personalized and customized plan that will address your body’s toporgan stressors as well as find the best products to balance those biological stressors. All weight gain involvesa hormonal component. To have lasting and permanent weight loss, we must balance and correct the body'shormones.

The NutriMost Ultimate Fat Loss Scan has been programmed to help give your body the nutritional tools thatit needs to overcome your specific imbalances and to bring your body into a very narrow hormonal range foroptimum fat burning. This scan and the customized support program is the core of our exclusive 5 componentUltimate Fat Loss System and is what makes this system so unique and so effective.

By following this program, we expect to not only bring your body into the optimum fat burning zone but alsobalance and correct both the organ and hormonal stressors, allowing us to go beyond just weight loss to helpyou actively create a lifetime of health.

READ MORE >





NutriMost Pittsburgh6 Convenient Locationsto Serve You…

Churchill / Penn HillsGreensburgGreen Tree / CraftonMurrysville / MonroevilleRoss Park Mall AreaUpper St. Clair

Call 844-KILL-FAT

© 2016 NUTRIMOST

DISCLAIMERWeight loss results will always vary for individuals, depending on the individual’s physical condition, lifestyle, diet and personal commitment.Always consult your primary physician before making any dietary changes or starting any nutrition, weight control or exercise program. Theinformation provided on this website is not intended to diagnose, treat or cure any condition, and has not been evaluated by the FDA, and it isnot meant for you to self-diagnose or self-treat your specific health issue, information provided is not intended to diagnose, treat, cure orprevent any disease. Doctors are licensed Chiropractors in the State in which they work.



B Watch The NutriMost Video

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Sign up for a Fat Loss Consultation

YOU'REAN

INDIVIDUALYour Weight Loss Program Should Be TooThe media bombards everyone with the image of health and fitness they think is ideal. Weight loss programsare abundant. The problem is that these programs try to squeeze you into a box and mold you to the one-size-fits-all image of health. We are each unique and so is our expression of life and health. Let’s look at themain focus of the top weight loss programs and then discuss how breakthrough NRF Technology allows acustomized plan to be created just for you.

Most weight loss programs will tell you that you have to count calories to lose weight. They have this principleat their core. If you lower caloric intake and increase your activity level, you will lose weight. Is this true?Absolutely! The common solution is to either plan a diet with certain foods to restrict your daily calories orprovide pre-packaged food from a box. Here is the problem, regardless which path you take to get there: Youwill gain your lost weight right back. As you lower your caloric intake, your metabolism begins to slow. It hasless work to do. Your body needs calories to fuel it so it will burn fat, muscle, etc. The problem appears after

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COMPARE-vs-

Fat BurningResets YourMetabolism

30-40 40

the weight is lost. Eventually you will go back to eating a normal, sustainable amount of food each day. Sinceyour metabolism has nearly bottomed out, however, it can’t process all the food you are eating. Those caloriesget stored right back into your body as fat.

Calories are not the key to losing weight. The most effective way to lose fat is balancing hormones andneurotransmitters, detoxifying the body and balancing vitamins and minerals in a way that gets you into anincredible fat burning zone. Because of groundbreaking NRF Technology, we now have a way to lose weightfaster, easier, better, and healthier than ever before. The NutriMost system finds your body’s specificweaknesses, balances the imbalances, and strengthens your body to reach optimal health. No other weightloss program can compare.

Contact our team at NutriMost today and let us help you reach your goals.



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Weeks Avg. Time To Lose 30 Pounds Days$$$ Cost per Pound Lost $

© 2016 NUTRIMOST




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Video Testimonials | Nutrimost Pittsburgh

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VIDEO TESTIMONIALS

*Results Can Vary For Everyone

Although you will hear many testimonies of patients talking about how they were able to overcome a variety ofhealth challenges and get off medications... we do not diagnose or treat symptoms or disease.

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Brenda is down 6 sizes and feelingwonderful!

Melody loves how simple theNutrimost Fat Loss System is!

Justin's Life Changing Transformation

Adrian is maintaining his weight lossmonths later

Ryan lost 50lbs in 40 days and wasn'thungry!

Joie Lost Weight On NutriMost andKeeping it off

National Testimonials

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30-40Weeks Avg. Time To Lose 30 Pounds

40Days

$$$ Cost per Pound Lost $




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NUTRIMOsr· 00


About Us | Nutrimost Pittsburgh

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ABOUT NUTRIMOST PITTSBURGH "The doctor of the future will give no medicine, but will interest his or her patients in the care of the humanframe, in a proper diet, and in the cause and prevention of disease." - Thomas Edison

We desire to see families at higher levels of health and well-being in every way. The dramatic increase in thenumber of hospitals, medical facilities, and drug stores in recent years illustrates a degeneration of health inour community, and an utter lack of true health care. Our team at NutriMost Pittsburgh is committed to caringfor your health, instead of simply doing what everyone else is doing: ignoring the underlying cause of diseaseand covering up the symptoms and pain with drugs.

Our desire, and commitment, is to empower each of our patients with life-saving knowledge. We will not waterdown the chiropractic message of life and health, nor will we simply give patients what they want whileignoring what they need in order to live healthier, happier lives. We understand the devastating effects ofinflammation and interference on the nervous system: nerve interference can cause everything from chronicheadaches to heart attacks. Because of this, our mission is urgent: it is literally one of life and death.

We strive daily to realize a healthier, happier, full-of-life community with less sickness, less dis-ease, andfewer preventable deaths; where children are healthier, families are happier, and marriages and relationshipsare enriched.

Dr. Ray Wisniewski, D.C.Dr. Ray Wisniewski is the creator and founder of the NutriMost UltimateFat Loss System, NutriMost 4 Life and the many NutriMost scans tohelp your body reach it’s Most Optimal state of health.

Whether you are from around the corner or from around the world,through the creation of NRF Technology, Dr. Ray has been

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transforming lives. With the use of NutriMost Resonant FrequencyTechnology we can now ask the body precisely what it needs and thendetermine the specific and exact plan for simple and effective action

steps so that you may declare victory over your weight loss and / or health challenges.

Dr. Ray, a Proud Pittsburgh native, began his journey in natural health at the University of Pittsburgh andPalmer Chiropractic University, where upon graduating Magna Cum Laude he returned to his hometown ofPittsburgh… And on one of the most fateful and favored days of his life he opened his practice on January 22,1983 and that same evening met Lori, to whom he has been very happily married to since 1985.

More than anything, Dr. Ray is passionate about helping people live healthier, better quality lives, in hiscommunity and across the world. NutriMost is allowing him to do just that - and in a big way! People all overthe country are losing dramatic amounts of weight, getting off medications, learning principles of good health,and having their lives restored and transformed because of this technology.

All of this is just the beginning, for Dr. Ray is constantly hard at work developing new scans, educatingdoctors, and finding ways to help people live better, healthier lives. Although Dr. Ray has been traditionallytrained as a Doctor of Chiropractic, he presents and offers NutriMost services as member only services underhis Pastoral Medicine License # L29076049. Dr. Ray is a Christian who believes that God created this bodywith an amazing healing power and that there is nothing outside the body, that is as powerful as the powerthat God put inside the body. Pastoral Medicine is the Professional Blend of Scriptural Health Wisdom andUnderstanding along with Leading Edge Science. The NutriMost services are pastoral health services andshould not be confused with state regulated services.





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40Days





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Wei fness & Weight Loss

•••••• •

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Renee R. When I say 1t gave me back my life, lt gave me back my life. It

was the end of my rope, I dldn't want to live. 1 don't know how ~

to portray the way I feel lnslde ~ to somebody else. Take the rlsk, It's worth It, you're worth It. If you don'tfeel good, tf you want to look better, If you want

to feel better- do It. Do tt

because It works.




COMPARE-vs-



40Days


Testimonials seen on this site are from real customers who were not paid for the testimonial they provided. Testimonials seen are basedon the experiences of a few people and you may not have similar results.

DISCLAIMERWeight loss results will always vary for individuals, depending on the individual’s physical condition, lifestyle, diet and personal commitment.Always consult your primary physician before making any dietary changes or starting any nutrition, weight control or exercise program. The



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© 2016 NUTRIMOST

information provided on this website is not intended to diagnose, treat or cure any condition, and has not been evaluated by the FDA, and it isnot meant for you to self-diagnose or self-treat your specific health issue, information provided is not intended to diagnose, treat, cure orprevent any disease. Doctors are licensed Chiropractors in the State in which they work.



NUTR/Mosr· 00


Blog | Nutrimost Pittsburgh

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NutriMost Success Story - Renee RosatiPosted By on 01/01/2016

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NUTRIMOST SUCCESS STORY - RENEEROSATI

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"BACK BEFORE I FOUND NUTRIMOST, I WAS IN A REALLYBAD PLACE."It was getting to the point where I didn’t want to live anymore. So I was begging the doctors to help me and allthey were doing was putting me on medication after medication. My legs were going numb, I would sit on thefloor and I couldn’t get up, saying to myself I just wish that I could just wake up and be thin. I wish that I couldwake up and feel good.

I was an emotional eater, so for me to sustain any kind of program - it was unimaginable. Basically, when Ifound the article I ripped it out and I was skeptical, I was just another program. It was too good to be true, so Ifigured I had tried everything else under the sun, something’s gotta be done. This is my last chance, and thisis it.

If I didn’t do something I didn’t want to live anymore.

For me, it was that deep. So within 7 days I was down 7 pounds. I just felt like the light switch turned on. I feltlike the energy was surreal. I felt like, oh my God, where has this come from. I actually had to turn around andlook - is this really me? I want to do a “to-do list,” I want to get in the shower, I want to get dressed, I want todo my hair.

Forty days was like nothing. Before I knew it I was down 38 pounds in the 40 days, and I felt like I was down70. I went home and put on a bathing suit, and I still had like 50 pounds to lose, but I felt like I was beautiful. Imade it work.

My kids said, “Mom, can you be lazy again for just two minutes? - you’re on the go all the time.” I not onlyhave me back, but I gave my kids back their mom. NutriMost didn’t only change me. I didn’t do this to look like





The Purpose of InsulinPosted By Dr. Ray Wisniewski on 09/30/2014

a model, I didn’t do this just to get into a smaller size. I know how to cope with stress, I know how to cope withmy son’s issues now. This is the most fantastic program on Earth, it’s the easiest program on Earth. Justfollow it to the “tee” and it works.

When I say it gave me back my life, it gave me back my life. It was the end of my rope, I didn’t want to live. Idon’t know how to portray the way I feel inside to somebody else. Take the risk, it’s worth it, you’re worth it. Ifyou don’t feel good, if you want to look better, if you want to feel better - do it. Do it because it works.

I’m Renee and I lost 85 pounds with NurtiMost.

Join Renee, and other people just like her that have made a change in their lives with NutriMost. FInd yourbecause - the reason you want to make a change - and call NutriMost at 855-NUTRIMOST to get started.

THE PURPOSE OF INSULINType 2 Diabetes has been an endemic as it has grown over 100% in the past 15 years in many states. It’sobvious that what we are doing isn’t working and once a person develops diabetes.. it doesn’t improve it justkeeps getting worse.. with more complications and more medications.

In fact the research community looks at the purpose of insulin with a completely different mindset than themedical profession does. And just as bad they have essentially brain washed the community at large inlooking at insulin the same way..

Most people think or believe the purpose of insulin is to lower blood sugar levels.. but that’s not the purpose..that’s a side benefit of it’s true purpose..

It’s TRUE PURPOSE is to take the extra glucose (sugar) and store it as the bodies best fuel source for futureuse… That preferred fuel source is FAT (it stores fat after a very small amount is first stored as glycogen)…

That’s why it is eating sugar that makes you fat… But here’s the kicker… As long as your body continues toturn sugar into fat you won’t become diabetic.. It’s only after the body can’t create any more fat to dump theexcess sugar does the person become diabetic.

This is the reason why weight loss is nearly impossible for diabetics and why insulin is one of the top 3 fatstoring hormones.

The GREAT NEWS… is that NRF Technology accesses nearly every factor involved in balancing BloodGlucose, Insulin, Leptin, Glucose Metabolism, Blood Glucose Sensitivity, Glucose Utilization, as well as FatBurning, Fat Storage and Fat Metabolism and can quickly and efficiently help the body change all of thisaround.

With NutriMost Resonant Frequency (NRF) Technology we don’t treat the diabetes.. instead we help todetermine the body’s needs after assessing all of the factors concerning how your body can overcome andcorrect diabetes. This is why we say that NRF Technology is “The MOST Powerful Technology for a BETTERLife”.



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Using NRF Technology with PsoriasisPosted By Dr. Ray Wisniewski on 09/02/2014

USING NRF TECHNOLOGY WITH PSORIASISNRF Technology gives the body a tremendous opportunity to overcome many seemingly recalcitrantconditions that have been difficult to respond to in the past. This blog will often times take the opportunity toexplain how NRF Technology can help the body overcome many of these health challenges. Psoriasis is oneof those types of conditions.

Psoriasis is a skin condition in which scaly red patches of skin form on the extensor surfaces of the body. Itmay have many different names, most of which describe either the shape of the lesions or the location of thelesions. Essentially, it is a hypergrowth of the outer layer of the skin in which there is apparent abnormal celldivision. Most traditional treatments include everything from steroids, topical tars, ultraviolet light, and evenmany toxic drugs and chemicals such as methotrexate, which is a folic acid inhibitor (folic acid is necessary forcellular reproduction).

What medicine seems to constantly do, is to treat the site of the condition. In this case, most treatmentincludes various types of creams and medications for the skin and with a last-ditch effort using methotrexate,a very very toxic drug, which attempts to prevent the replication of cells in the body.

Well first, let me tell you a little bit about what the research tells us about this condition, and then I'll explain itin English and tell you what you can do to correct this condition. For, when we look to the cause of thiscondition, we note that it is associated with elevated levels of cholesterol and triglycerides, along withabnormal platelet behavior, as well as cellular inflammation due to an abnormality within the arachidonic acidmetabolism and a decrease in the cyclic AMP/cyclic GMP ratio in the epidermis.

What this tells us, and has been shown by the Dutch researchers, is that this condition is due to a defect atthe liver, at the citric acid cycle in the synthesis of Fumeric Acid.

Okay, let's translate this into English. Essentially what this tells us is that for quite some time, the body has notbeen digesting food properly and this decaying, rotting food has expressed a defect in the high energy cycleof the citric acid cycle. Therefore, there are a number of things which need to be addressed.

1. We need to get the food digesting properly. This will decrease the load on the liver.. when the food is notbeing digested properly.. the incomplete digestion of the food causes this as the food is not beingdigested properly. This practice should be maintained continuously, particularly when eating cookedfoods.

2. Do not eat any foods containing trans fats, hydrogenated oils or partially hydrogenated oil.

3. We also need to increase cell energy.

4. We need to upregulate phase 1 and phase 2 liver detoxification.

5. We need to identify all of the out of range biomarkers and factors involved in liver metabolism,detoxification, enzymatic activity, genetic expression and liver function.

6. We need to correct the proper flow of bile and toxins from the liver and gallbladder through the commonbile duct.



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7. Assess both upstream and downstream as far as what may be interfering with proper liver function. TheKidney must be functioning properly.

8. There are a number of supplements which may assist the patient with overcoming Psoriasis.. Theadvantage of NRF Technology is that we don’t have to guess any longer.. We can essentially ask thebody what it needs and get the answer of what would be the best course of action.

9. Research has shown that at the top of the hierarchy of healing is energy. And in this case, it is theenergy to the liver. If the energy to the liver is sedated or imbalanced either from a loss of cellular energyor nerve energy and is not functioning properly, then all the nutrition in the world will not be able torescue this organ. Therefore it is absolutely essential that a thorough nerve scan be performed with astructural x-ray, to determine if there is a sedated nerve caused by subluxation, which can only beassessed by a chiropractor specifically trained in structural corrective care.

We can essentially do ALL of the above with our Fat Loss Psoriasis scan utilizing NRF Technology. Utilizingthe fat loss Psoriasis scan has the added advantage of being able to utilize a very unique opportunity in whichwhen we simultaneously utilize the fat loss scan and get the body in a very high rate of fat burning which alsoactivates a state of Autophagy and Xenophagy… When the body is in a state of autophagy and xenophagy itmakes all the difference.

Autophagy is when macrophages intelligently take out the bad cells and replace them with good healthy cells,while xenophagy is when the body rids itself of bad unhealthy microbes.. this happens at a dramaticallyincreased pace which creates a unique opportunity for the body to overcome a very difficult health challenge.

For those patients with psoriasis, it has the potential to be one of the most horrific conditions, with a widerange of variations and symptoms including deterioration of the joints in the bone resulting in psoriatic arthritis.Psoriasis in the past has even been confused with leprosy. Those suffering with this condition often becomeemotionally scarred.

It is my hope that those suffering from this condition will find answers using the Fat Loss - psoriasis scanutilizing NRF Technology and will help their body overcome this condition and be able to live a normal healthylife.

Have an Amazingly SPECTACULAR Day!

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OFFICIAL TRANSCRIPT PROCEEDING

FEDERAL TRADE COMMISSION

MATTER NO. 1523009

TITLE NUTRIMOST, LLC

DATE RECORDED: OCTOBER 21, 2014 TRANSCRIBED: FEBRUARY 3, 2015 REVISED: FEBRUARY 24, 2016

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NUTRIMOST VIDEO

For The Record, Inc.(301) 870-8025 - www.ftrinc.net - (800) 921-5555

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1 P R O C E E D I N G S

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3 FEMALE ANNOUNCER: The NutriMost Ultimate Fat

4 Loss System is transforming people’s lives.

5 UNIDENTIFIED FEMALE: I’ve been heavy my whole

6 live. My first dieting experience was at age nine. So,

7 I have tried everything. So, when this came down the

8 pike, I thought, okay, I’ve been on this diet train all

9 my life and I’m hoping that this will work. And I have

10 to tell everybody, this is your last stop on that diet

11 train. This is it. This is your answer.

12 JOE VARACO: Hi, my name is Joe Varaco and I’ve

13 lost 32 pounds in three-and-a-half weeks on the NutriMost

14 System. The first week that I did this, I lost 16

15 pounds. And I kept getting on my scale looking at it,

16 getting off, on, off, this ain’t happening and there’s

17 something with the -- I’d pick it up, move it to a

18 different spot.

19 ANN: I had been put on prednisone as an adult

20 for 15 years and all of the doctors had sort of written

21 me off. They said that it would -- I would never be able

22 to reverse all of the side effects from the prednisone,

23 including the weight because I had been on it for so

24 long.

25 My name is Ann and I lost 50 pounds with



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1 NutriMost.

2 FEMALE ANNOUNCER: Because of advanced NRF

3 technology, you could easily lose 20 to 45 pounds or more

4 in just 40 days, with absolutely no hunger and no

5 exercise required, with no pre-packaged meals and no

6 drugs, hormones or surgery, a way that’s safe and doctor

7 supervised, a program that’s not just about weight loss,

8 but is good for your body and your overall health. It

9 sounds too good to be true. But thanks to breakthrough

10 technology, there is a way and it’s called NutriMost.

11 With the NutriMost Ultimate Fat Loss System,

12 it’s as simple as A, B, C. We assess nearly every factor

13 for fat-burning, fat storage and fat metabolism. We

14 balance your hormones, neurotransmitters and nutritional

15 needs. And we clear your toxins, heavy metals, bacteria,

16 viruses and other microbes, resulting in a complete

17 transformation of your body in less than 40 days.

18 DR. RAY WISNIEWSKI: NutriMost is unlike

19 anything else. Other programs aren’t part of the

20 solution, they’re part of the problem. Let’s take a look

21 at the obesity trends put out by the United States

22 Government. As you can see, in 1990, most states had

23 more than 10 to 14 percent obesity. Yet, by 1993, we had

24 to add another category for those states between 15 and

25 19 percent obesity. In 1998, they had to add another



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1 category to over 20 percent obesity. In 2001, they added

2 another category over 25 percent obesity. And by 2005,

3 they added another category to over 30 percent obesity.

4 As you can see, we continue to get more obese. By 2013,

5 for the first time ever, two states, Alabama and

6 Mississippi, were over 40 percent obesity.

7 FEMALE ANNOUNCER: Obviously, what we are doing

8 isn’t working. In fact, the things that we may think are

9 solutions are actually part of the problem. Just ask

10 yourself, in the past 25 years, have we had more diet

11 foods on the market or less, more gyms and fitness

12 centers or less. We have more diet and lowfat foods and,

13 yet, the problem is worse than ever because all of these

14 disrupt our hormones, our body chemistry and our

15 metabolism. We are in dire need of a solution.

16 Enter NutriMost, an amazing technological

17 breakthrough that focuses on bringing the body into a

18 fat-burning state by assessing nearly every factor for

19 fat burning, fat storage and fat metabolism.

20 DR. RAY WISNIEWSKI: Nearly every other program

21 focuses almost entirely on the diet, which actually turns

22 off fat burning and turns on fat storage, which is why so

23 many people who diet find it so easy to gain back their

24 weight and usually more. While NutriMost focuses on the

25 breakthrough technology to get your body into this



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1 amazing fat-burning state. You can’t get these results

2 this fast and this dramatic any other way without this

3 technology.

4 FEMALE ANNOUNCER: People all over the nation

5 are having their lives transformed by this powerful

6 technology. Just listen to what people are saying about

7 their experience with NutriMost.

8 JOE: I started losing like a couple pounds it

9 seemed like the first week and then the second week I was

10 like losing like three pounds a day, then four pounds

11 a day and then it slowed up some. But, yeah, it was just

12 -- it was coming off like that. And it was noticeable

13 after the second week. Yeah. And then I felt a lot

14 better, too. Energy.

15 My name is Joe and so far I’ve lost about 70

16 pounds on NutriMost. It does work. It does change, you

17 know, it changes your life. I mean that, you know. I’m

18 going to be around for my family and that’s what’s

19 important, you know.

20 UNIDENTIFIED FEMALE: What can I say about the

21 program except do it. You just have to make the

22 commitment and do it. And it starts off from day one.

23 You see the poundage coming down. You see, you know, all

24 the numbers -- your metabolic age, everything dropping

25 that should be dropping and everything going up that

western district of pennsylvania federal ......the nutrimost system does not involve a restrictive...

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