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Robert G. Kavanaugh, Pro Se
c/o Arise Direct Marketing, Inc.
5152 Bolsa Avenue STE 101
Huntington Beach, CA 92649
Phone: (714) 899-4838
Fax: (714) 899.0078
[email protected]
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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ROBERT G. KAVANAUGH, individually;
AGRIGENIC FOOD CORPORATION, a Nevada
corporation;
ARISE DIRECT MARKETING, INC., a Nevada
corporation,
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Plaintiff(s),
vs.
WILLIAM JAMES FAHEY, individually;
JOSHUA OWEN FAHEY, individually;
MARY JEAN FEAK FAHEY, individually
KEVIN J. THOMAS, individually;
VITARICH LABORATORIES, INC., a Delaware
corporation; VITARICH FARMS, INC., a Florida
corporation; KEVIN J. THOMAS, LC, a Florida
limited liability company; BIOTECH
ANALYTICAL LABORATORIES, INC., a Florida
corporation;
BIOTRAC LABORATORIES, INC., a Florida
corporation; BIOTEC FOODS OF FLORIDA, INC.,
dba Biotec Food Corporation, a Florida corporation;
BIOVET INTERNATIONAL, INC., a Florida
corporation; and DOES 1-10
CASE NO. CV04-10585-CAS (MANx)
DECLARATION OF ROBERT G
KAVANAUGH IN FURTHER
SUPPORT OF PLAINTIFFS’
RESPONSE TO DEFENDANTS FRCP
12 (b) (6) AND 12(b) (3) MOTIONS;
GRAPHIC AND NARRATIVE OF
FACTS AND EVENTS RELATING
TO VENUE AND JURISDICTION &
SUPPORTING SUPPLEMENTAL
EXHIBITS 1 - 25
No hearing Scheduled
Due Date: May 2, 2005
Defendant(s).
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Supplemental Declaration of Robert G. Kavanaugh with Appendix
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Table of Contents
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Defendants Have Substantial Contact with California ................................................1
This Case is Related to Two Previous Lawsuits Filed Here by the Faheys ................2
The Defendant’s Conduct Has Continued Unabated...................................................2
Reasonableness of Hailing the Non-Resident Defendants for Trial in California ......3
The September 29, 2003 Telephone Hijacking ...........................................................3
Habitual Use of Shell and Dummy Corporations........................................................4
Counterfeiting, False Designation of Origin ...............................................................4
Defendant William J. Fahey Was Served With a Summons and Complaint While in
The Central District of California................................................................................5
Defendant Mary Jean Fahey’s Connection to the Conspiracy and California. ...........5
Kevin J. Thomas’s Voluntary Injection into the Related Dispute...............................7
This Venue Is the Most Convenient to Third-Party Witnesses ...................................7
Ease of Access and Availability of Evidence..............................................................8
Substantial Number of Witnesses are Located in the Central District of California...9
Relative Means ..........................................................................................................10
Corporate Defendant’s Means Relative to Corporate Plaintiff’s Means...................11
Accommodations, Transportation and Logistics Support Venue Here .....................12
APPENDIX .................................................................................................................1
Narrative of Underlying Facts and Events Distilled In A Graphic Format .................1
Partial List of Expected Witnesses ..............................................................................0
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SUPPLEMENTAL DECLARATION OF ROBERT G. KAVANAUGH
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State of California
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County of Orange
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ROBERT G. KAVANAUGH, being first duly sworn on oath, deposes and says:
SS:
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1. I am the President of Plaintiffs Agrigenic Food Corporation (hereinafter “Agrigenic”
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and its related-party service corporation, Arise Direct Marketing, Inc. (hereinafter
“Arise”) (hereinafter collectively “Plaintiffs”) and I have personal knowledge to the
facts and information declared to herein:
2. I am a resident of the Huntington Beach, California. I have personally incurred actual
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damages, which are separate and distinct from the damages experienced by my
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businesses as a direct result of the defendants conduct inflicted against me and my
family here in the Central District of California.
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Defendants Have Substantial Contact with California
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3. This lawsuit is a result of the defendant’s unlawful conduct while physically present
here in the Central District of California. I have filed this lawsuit in the US District
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Court for the Central District of California because the named defendant’s
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intentionally formulated their scheme to damage my property, as well as my wholly
owned corporation’s property located in the Central District of California.
4. Each of the named individual defendants is well known to me.
I worked with
William J. Fahey at Biotec Foods in Honolulu, Hawaii, from 1988 through 1991.
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During that same time period, I shared a rented apartment with defendant Kevin J.
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Thomas, who also worked for defendant Fahey at Biotec Foods-Hawaii, Ltd. And,
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during that time period, to a lessor extent, I personally knew both Mary Jean Fahey
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and Joshua Fahey.
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This Case is Related to Two Previous Lawsuits Filed Here by the Faheys
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5. The Fahey defendants first initiated their complaint against the plaintiffs here in
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California. Having lost their bid in this Court, the Faheys, with the assistance from
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Defendant Kevin J. Thomas, continue to counterfeit the plaintiff’s marks. Each of the
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individual defendants named herein has had extensive contacts with the State of
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California arising out of the conduct directed against my business and property
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located here in the Central District of California.
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The Defendant’s Conduct Has Continued Unabated
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6. Furthermore, nearly every day we are faced with another act by at least one of the
defendants which is designed to interfere with our ability to continue as a going
concern. Just last week, we were notified by Solgar Vitamins and Herbs, one of our
last remaining bulk customers, that William or Joshua Fahey had contacted them, and
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using information which could only have been available if they had our stolen
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computers, attempt to persuade Solgar’s buyer, Ms. Maria Madrid, to “correct” the
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company’s computer database to reflect the “new” address. Ms. Madrid was told that
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Biotec Foods was out of business and is now known as The Enzyme Company
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located in Sarasota Florida. See Exhibit 20.)
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Reasonableness of Hailing the Non-Resident Defendants for Trial in California
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7. William J. Fahey and Joshua Fahey should have reasonably calculated that they
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would be hailed in to this Court when they planned and implemented a break-in of
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our offices and my home on June 2, 2003.
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8. The effects of the Kevin Thomas and William J Fahey’s agreement to steal away our
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tradenames and trademarks has been felt here, and the resulting damage to my
businesses has caused a permanent reduction in jobs in the Central District of
California, through layoffs.
9. William J. Fahey, Joshua Fahey, and Kevin J. Thomas irreparably damaged our
business relationships through their defamatory and untruthful telephone calls, and
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their libelous distribution of emails and faxes, directed at our customers nationwide.
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The damage to my professional reputation and to my businesses’ profitability
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occurred in the Central District of California.
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The September 29, 2003 Telephone Hijacking
10. On September 29th, 2003 at 4:41pm PST, Verizon Communications, Plaintiff’s
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telephone carrier, was contacted and convinced to divert all plaintiffs’ incoming
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telephone calls to a toll-free number 888-468-7999, which was under Fahey’s
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exclusive control and rang into his Sarasota, FL residence. During that same time
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period the “hijacked” telephone number was dialed from inside Vitarich Laboratories,
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Inc., over 15 times in a 35 minute period to confirm transfer. During that time period,
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Biotec’s customer Cynthia Erickson called, but was connected to Fahey’s answering
machine in Sarasota. Fahey sold Cynthia Erickson counterfeit Biotec Cell Guard
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product. This evidence directly establishes the agreement between Kevin J. Thomas
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and William James Fahey to damage Plaintiff’s businesses and property.
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Habitual Use of Shell and Dummy Corporations
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11. The First Circuit Court for the State of Hawaii conveyed these intangible assets to
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Agrigenic Food Corporation in August 1997, and this Court has already enjoined
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Biotec Food Corporation and Pacific Botanicals Corporation, which were just two of
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perhaps a dozen active and suspended corporations founded in California, Hawaii and
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Florida, and which had virtually no transactions, file no tax returns, and conduct
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virtually no business, and with the same or similar sounding names, and which
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therefore only exist to confuse due process, which were set up by William J. Fahey,
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Mary Jean Fahey, Joshua Fahey and other members of their immediate family. The
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defendants have habitually conducted their affairs through such shell corporations for
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the purposes of defrauding creditors and or confusing due process.
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Counterfeiting, False Designation of Origin
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12. This Court has already enjoined anyone acting in active concert or participation with
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Biotec Food Corporation and Pacific Botanicals Corporation, (including William J.
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Fahey, Mary Jean Fahey, and Joshua Fahey, and Kevin J. Thomas) from using any of
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the listed, disputed trademarks or tradenames. A related Order to Show Cause Why
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William J. Fahey Should Not be Held in Contempt for Continuing to Violate the
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November 17th, 1999, Default Order and Judgement, (hereinafter ‘OSC’) is now
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before this Court.
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Defendant William J. Fahey Was Served With a Summons and Complaint While in The
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Central District of California
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13. William J. Fahey was served with a summons and complaint while he was physically
present here in the Central District of California.
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Defendant Mary Jean Fahey’s Connection to the Conspiracy and California.
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14. Mary Jean Fahey’s council of record in the related OSC proceeding, Robert L. Risley,
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was served with the summons and complaint in the Central District of California on
behalf of Mary Jean Fahey.
15. Mary Jean Feak Fahey (hereinafter “Jean Fahey”) has repeatedly alleged to the Court
that she has no connection with her (former) husband’s business activities.
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Furthermore, she claims that she is divorced from William J. Fahey, and only has
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incidental contact with him, unrelated to this dispute.
However, the facts do not
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support her statements. Until February 2005, Jean Fahey was the resident of record,
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and lived at 4900 Sun Circle, Sarasota, Florida. William J. Fahey has been repeatedly
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contacted by process servers attempting to serve Jean Fahey at the 4900 Sun Circle,
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Sarasota, Florida address. Mary Jean Fahey had also been directly, personally served
with papers at that address.
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16. In addition, according to a report from a Sarasota, Florida Police Detective who was
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granted access to that residence on June 2, 2003, “Dr.” William J. Fahey’s dietary
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supplement business was obviously being conducted from inside that house. All of
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the Fahey’s business activities, telephones, and 800 number services were conducted
from that address. According to private detectives / process servers, after February
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2005, William J. Fahey and Mary Jean Fahey appear to have moved to a residence
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nearby located at 3825 INDIAN BEACH PLACE, SARASOTA FL 34234. Mary
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Jean Fahey is also listed as an officer on corporate documents for “The Enzyme
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Company” located at that address. Backup service of process conducted just this
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week (April 24th, 2005) has established that Mary Jean Fahey resides at 3825 Indian
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Beach Place, and William J. Fahey was also at that address when the process server
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conducted her (backup) service of the summons and complaint in this matter.
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17. Mary Jean Fahey contacted me by telephone sometime in late 2002, and, inter alia,
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informed me that she intended to help her (former) husband and son launch and
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develop websites and sell dietary supplement products bearing Agrigenic’s Biotec
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Foods, Biomed Foods, and Biovet International trademarks. I told her that if she did
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that, I would do sue her in Federal Court in California. I informed her of the existing
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Federal Injunction. I informed her of the existing Hawaii Court’s Order, even though
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I knew she was aware of both. Her only response was that “no judge anywhere
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would ever find us guilty.” I told her she was wrong. The law was clear, and if she
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and her family moved forward with their plan to infringe upon our trademarks, that I
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would certainly be seeing them in a California Federal Court. Given that Mary Jean
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Fahey’s name appears on the WHOIS registry of several of the infringing domain
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names, as the domain name owner, upon information and belief, Mary Jean Fahey is a
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willful and active member of the defendant’s agreement to violate our trademarks.
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Kevin J. Thomas’s Voluntary Injection into the Related Dispute
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18. Kevin J. Thomas contacted me in April 2003, and first claimed to be a disinterested
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third-party whose only desire was to help resolve a dispute between me and William
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J. Fahey. Later in the conversation Thomas simply demanded $25,000 or the rights to
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one of our most valuable trademarks.
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Finally, Thomas filed a materially false
affidavit in this Court regarding the content of that telephone conversation. Thomas
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also revealed in that affidavit that he has been supplying the Faheys with dietary
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supplement bottles and supplies. After Plaintiffs filed this lawsuit and included
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Thomas as a defendant, Thomas again contacted me by telephone, and, in spite of
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witness including his own attorney being present, said that he intended to continue
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funding the Fahey’s (counterfeiting enterprise) until we were forced us out of
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business.
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This Venue Is the Most Convenient to Third-Party Witnesses
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19. At least ten of the witnesses in the related OSC proceeding will offer substantially the
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same testimony relevant to this proceeding. Therefore, the third-party witnesses are
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the same or substantially the same people who will appear in this action. Requiring
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them to appear in both the Central District of California and the Middle District of
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Florida to offer substantially the same testimony is not convenient to any of these
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third-party witnesses.
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20. The witnesses cited in defendant Kevin J. Thomas’s Supplemental Declaration are
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nearly all employees, former employees or contractors of defendant Kevin J.
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Thomas’s business enterprises.
None of the proposed testimony relating to
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allegations that Thomas’s professional or personal reputation has suffered by being
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named in this dispute, is relevant to the causes of action in this case. Furthermore,
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the common nucleolus of operative facts relevant to this dispute are (1) the break-in
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of Arise Direct Marketing, Inc.’s Huntington Beach, California offices in Huntington
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Beach, California, and the theft and misappropriation of plaintiff’s trade secrets, (2)
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Thomas’s [then directing defendant Vitarich Laboratories’ (Delaware) predecessor-
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in-interest Vitarich Laboratories, Inc (Florida)]
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plaintiff’s contracts with third-parties (e.g. Cyanotech and Nutrex) to hire Plaintiff’s
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laid-off employees (who are still in the Central District of California) to work for
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subsequent attempt to acquire
Vitarich Laboratories, Inc.’s or William J. Fahey selling counterfeit Biotec Foods,
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Biomed Foods, and Biovet International products with Fahey.
Furthermore, the
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moving defendants have asked to transfer this case to the Middle District of Florida,
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yet nearly all of their proposed witnesses are residents of the Southern District of
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Florida. Even if the defendant’s witnesses testimony were relevant, their witnesses
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would not experience a much greater inconvenience by flying to Los Angeles,
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California and staying in a hotel versus driving or flying half the distance of the state
of Florida to the Middle District of Florida and staying in a hotel.
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Ease of Access and Availability of Evidence
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21. Finally, Thomas’s supplemental declaration infers that the bulk of the inconvenience
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would be as a result of transferring an extensive collection of documents to the
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Central District of California. Although no final discovery plan has been prepared, I
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do not expect that we would require the defendants to transport all of the proposed
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documents. Should we elect to expend a great deal of time evaluating that evidence, I
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am certain that we would contract with an appropriate third-party forensic accountant
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to evaluate the documents and prepare a report with supporting documents for the
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Court.
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22. In addition, according to Vicki Visette, an employee of the Newport Beach,
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California based NNFA cGMP Auditing Group, who I contacted on April 28th, 2005,
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the NNFA maintains an extensive collection of the defendants’ (Vitarich
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Laboratories, Inc., and Vitarich Farms) manufacturing records here in the Central
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District of California in order to support their recent audit of the internal
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manufacturing controls and related procedures related to cGMP Certification.
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Although no final discovery plan has been prepared, we would be as likely to inspect
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those work papers for evidence of the defendants’ conspiracy as we would be to
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inspect banking and financial records located in the Southern District of Florida.
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Substantial Number of Witnesses are Located in the Central District of California
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23. In addition, we will be calling a substantial numbers of current and former employees
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of Arise Direct Marketing, Inc., and Agrigenic Food Corporation. We will be calling
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witnesses with firsthand knowledge of the contumacious and tortuous counterfeiting
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activity, negligent and tortuous interferences with contractual relations, false
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designation of origin and other unlawful conduct attributed to the defendants while in
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the Central District of California. These additional witnesses are residents of the
Central District of California.
These witnesses include Mia Fredriksen, Denise
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Holewinski, Vicki Spani, Robert Kavanaugh, Philip R. Kavanaugh, M.D., Marianne
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Lotfy, Shannon Street, John Wheatly, Diana Chong, Jackson Chong, Joanne Chong,
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Detective Hamada, Huntington Beach Police, employees of Verizon Communications
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and unnamed third-party defendant, Robert L. Kendall. All of these key witnesses are
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residents of the Central District of California.
(See complete list of Plaintiff’s
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witnesses and expected testimony at WITNESS LIST TABLE below.)
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Relative Means
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24. If required to prosecute this matter in Middle District of Florida, I would have to
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close my businesses during the trial. If I closed my businesses during the trial, I
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would not be able to afford to pay an attorney to represent the corporation. Since
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corporations must be represented by a licensed attorney, I would not be able to
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prosecute this matter in the Middle District of Florida.
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25. Each of the named individual defendants is well aware of this financial dichotomy
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and has actively engaged in conduct designed explicitly to exacerbate my financial
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position.
Indeed, defendant Kevin Thomas, in the presence of his own Florida
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attorney, even called me at my offices in Huntington Beach, California in early
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January 2005, and, in spite of the fact that I had witnesses listening in on the call,
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openly declared to me that his intended to continued funding the Fahey Defendant’s
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unlawful trademark infringements as a means to prevent a final adjudication in this
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matter. Furthermore, Thomas declared that he had 12 million dollars, and would use
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all of it to prevent us from obtaining a final judgement against him.
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26. While I do not have any direct personal knowledge of the Fahey defendant’s financial
position, I am personally aware that they have been unfairly enriched by their actions
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related to the allegations in this dispute. The money that they hold by and through
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their unlawful and unfair conduct rightfully belongs to the plaintiffs. In addition,
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upon information and belief, the Fahey’s unlawful scheme and enterprise is being
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financially supplemented by defendant Kevin J. Thomas, and/or the businesses which
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he directly controls. Upon information and belief, William J. Fahey’s legal defense is
being paid for by Vitarich Laboratories, Inc. and Kevin J. Thomas.
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Corporate Defendant’s Means Relative to Corporate Plaintiff’s Means
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27. Argan Inc., the parent company to Vitarich Laboratories, Inc. just released their
Consolidated Financial Statements for Fiscal Year Ending January 31, 2005. (See
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SEC 10K FYE 01/31/2005 at Exhibit 24.) According to those publicly available
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records, Vitarich Laboratories, Inc., alone has experienced an increase in revenues of
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nearly $4 million over the prior year and their gross revenue from sales of dietary
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supplement products is approximately $20 million dollars annually.
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28. As a direct and proximate cause of the systematic and continuous business
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interferences referenced herein, Agrigenic Food Corporation and Arise Direct
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Marketing, Inc’s combined revenues (excluding inter-company transactions) have
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decreased by nearly $1 million over that same period and are less than $475,000, for
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the fiscal year ending 12/31/2005. I have absorbed and recorded a loss of nearly
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$65,000.00 on my personal tax return as a result of the losses incurred by Agrigenic
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Food Corporation (a Sub-Chapter S Corporation). The costs of litigation have been
substantial and account for the single largest increase in expenses for Agrigenic Food
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Corporation. I have been forced to expose myself financially, and have increased my
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personal debt through borrowing. I have been forced to liquidate personal assets,
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including a personal stock portfolio, just so that I could inject the requisite capital into
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these businesses and prosecute this dispute and the related OSC for contempt. An
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increase in personal indebtedness is a requisite for providing working capital to a
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small business when it is necessary to increase borrowing for purposes of continuing
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as a going concern. Employees, officers and directors of public corporations enjoy
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access to capital which does not expose them to personal liability.
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29. I have no other personal, undisclosed, assets that would provide with me working capital
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apart from my interest in these businesses, and the Court can reasonably conclude that
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unless the defendant’s conduct is effectively curtailed, and the defendant’s attorney’s
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are held to strict compliance with the FRCP and the local rules, and their non-
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compliance strictly sanctioned; and this proceeding is allowed to proceed here in the
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Central District of California, in spite of at least two prior orders from the Hawaii
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State Court and this Federal Court, and in spite of the overwhelming evidence filed in
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support of the plaintiffs’ allegations in this complaint, the plaintiffs will not have the
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resources necessary to sustain the defendant’s unlawful acts and will not then have
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their day in Court. That has been the defendant’s plan since they initiated their latest
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scheme beginning at least two years ago, and remains the final goal of the conspiracy
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alleged by the plaintiffs to exist by and between the named defendants herein.
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Accommodations, Transportation and Logistics Support Venue Here
30. The majority of the witnesses who are expected to be called in this proceeding are
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either already residents of the Central District of California, or the logistics of
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transporting and accommodating the other relevant, non-resident, third-party
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witnesses, supports consolidating the existing discovery matters with the related OSC
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discovery proceedings and testimony at least in part, and continuing forward with this
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matter here in the Central District of California.
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I declare under penalty of perjury under the laws of the United
States that the foregoing is true and correct and that the declaration
is executed this 1st of May, 2005.
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_____________________________________
ROBERT G. KAVANAUGH
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APPENDIX
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Narrative of Underlying Facts and Events Distilled In A Graphic Format
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The remaining facts and events related to Personal Jurisdiction and Venue over the
Corporate and Enterprise Defendants has been distilled into a graphic designed to
permit the Court and the parties hereto to quickly navigate the extensive volumes of
exhibits already referenced by supplemental documents, and references to existing and
supplemental exhibits and documentation. The following table has been designed to
explain the numbered facts or events listed on the graphic
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Narrative of Master Chart
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1.
This is the genesis of
majority of the other
unlawful conduct alleged
in this complaint.
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2.
See Affidavit of Kevin J.
Thomas at Suppl. Exh. Id
2. See Naples Daily
News Article at Exhibit
9.0, and See explanation
of Biotech Analytical
Laboratories, Inc.’s
function at Naples Daily
News Article at Exh Id.
9.3.
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3.
See AFFIDAVIT OF
DIANA CHONG of
BestQ Nutrition, at
On June 2, 2003, defendant Joshua Fahey broke into Arise Direct Marketing,
Inc’s Huntington Beach, California offices and removed all of our computers,
and which included all of Agrigenic Food Corporation’s trade secrets, customer
lists and details of all historical customer transactions. I personally witnessed
Joshua Fahey preparing to commit a related burglary at my residence that same
morning. Joshua provided additional evidence as to his identity when—being
fearful that his capture by police was eminent—Joshua Fahey telephoned Arise
Direct Marketing, Inc.’s offices and left a short, albeit menacing message:
According to Denise Holewinski, who overheard the call, a voice she later
identified to be that of Joshua Fahey’s, said “Tell Bob that if the police catch us,
we are going to f**k him up.”. Telephone records indicate that the source of the
call was a number registered to Joshua Fahey in Sarasota, Florida. Nearly all of
Agrigenic Food Corporation’s Federal and State Tax Returns and files were
taken, facilitating a number of defendant’s identity theft related crimes. (See
also 3, 4, 6, and 20.)
Kevin J. Thomas filed a false affidavit with this Court in order , he was the Chief
Executive Officer of Vitarich Laboratories, Inc., a Florida Corporation. Between
1987 and 1991, Thomas had been an employee of Biotec Foods-Hawaii, Ltd.
Thomas is and was aware of the dispute between the Plaintiffs and the Fahey
defendants, and as he admits in his affidavit, had constructive knowledge that the
assets of Biotec Foods-Hawaii, Ltd., were now owned and controlled by
Plaintiffs. Furthermore, Thomas carefully admits to supplying “empty plastic
bottles, caps, and accessories” to defendant Fahey. While Thomas carefully
avoids stating that he or Vitarich Laboratories manufactures Fahey’s counterfeit
products, his attempt to limit his (and Vitarich Labs) involvement in Fahey’s
unlawful conspiracy seems obviously dubious given that Thomas and Vitarich
Laboratories, Inc., are a dietary supplement manufacturing firm. Furthermore,
Thomas admits to knowingly supplying Fahey’s “company, Biotec Foods of
Florida (BFF)” even after Thomas admitted that he was a former employee of,
and had knowledge of Plaintiff’s ownership of Biotec Foods-Hawaii, Ltd., when
he states, “I called Mr. Kavanaugh at the Hawaiian corporation (Biotec Foods
Hawaii, Ltd.), now located in southern California. . . .”
On or about December 2003, Diana Chong, Agrigenic’s customer was contacted
by Joshua Fahey on her personal cell phone number which could only have been
available to Joshua from the data on the Plaintiff’s stolen computers. The caller
said “Biotec Foods” had offices in Florida as well, and that the Florida office
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Exhibit 3.
could provide BestQ with products at roughly half the price they were currently
paying. Based on the statements the Chong nearly sent money to Florida, but
fortunately saw Plaintiffs at the EXPO West in time to learn the truth.
4.
On September 29th, 2003 at 4:41pm PST, Verizon Communications, Plaintiff’s
telephone carrier, was contacted and convinced to divert all plaintiffs’ incoming
telephone calls to a toll-free number 888-468-7999, which was under Fahey’s
exclusive control and rang into his Sarasota, FL residence. During that same
time period the “hijacked” telephone number was dialed from inside Vitarich
Laboratories, Inc., over 15 times in a 35 minute period to confirm transfer.
During that time period, AFC customer Cynthia Erickson called AFC, but was
connected to Fahey’s answering machine in Sarasota. Within days Fahey
returned the call to Cynthia Erickson confirming control over the toll free
number. (Vitarich calls during this period of time + Fahey’s procurement of
AFC’s Account + Cynthia Erickson’s Affidavit = CONFIRMATION OF
FAHEY AND THOMAS’S / VITARICH LABS’ COLLUSION.
2
3
4
5
6
See Affidavit of Cynthia
Erickson, AFC Customer,
See Sprint phone bill for
dates Sept-29-2003 at
Exh. Id 6.3 lines 23, 24,
26 and 6.3 pg.8 lines 27 –
37 and See Verizon work
order Exh. Id 6.4)
7
8
9
10
11
5.
See Supple Exh. 5 –
USPTO Progreens in
Orange, Ca. and See
Record of Product
Shipped to Horizon Labs.
12
13
14
15
16
17
18
19
20
21
22
6.
See Suppl. Exh. 6 Vibrant Health Ad /
History of Transactions; /
See Naples Daily News
Article re, Kevin J.
Thomas at Exhibit 9.0
page 2 “Vitarich
manufactures . . .
powders such as Green
Vibrance.” at 9.3 / Email
to Mark Timons.
7.
Kevin J. Thomas
attempted to purchase
plaintiff’s debts from
third-parties, and
attempted to interfere
with plaintiff’s
contractual relations.
23
24
25
26
27
8.
Vitarich Labs, Vitarich
Farms, Kevin J. Thomas
have substantial and
continuous contact with
California through this
membership alone. See
Exh Id. 8 cGMP News at
Up until in or around the break-in of our offices in June 2003. Nutricology,
Orange, Ca, was a customer of AFC via Horizon Labs. Vitarich Laboratories,
Inc. began making PROGREENS almost immediately after the break-in.
Inference: Fahey’s provided with key trade secrets by the Fahey defendants, and
Vitarich Labs, Inc., and Thomas capitalized on that secret information to usurp
Plaintiff’s “key bulk raw material” accounts shortly after the break-in on June 2,
2003. In support of the allegations, Plaintiffs direct the Court’s attention to the
fact that Plaintiffs had manufactured PROGREENS for Nutricology, since
around 1997.
Up until in or around the break-in of our offices in June 2003, Vibrant Health
used AFC ingredients to make Green Vibrance, since about 1997. Vibrant
Health was contacted and sent a deluged of negative emails and faxes from the
Faheys, After the break-in, Vitarich Laboratories, Inc approached Vibrant Health
and is now manufacturing the Green Vibrance Product. (Inference: Fahey’s
shared Plaintiff’s secret customer data with Kevin Thomas and Vitarich Labs.)
On or about September 12, 2003, soon after serving the Fahey defendants with
this Court’s November 17th, 1999 Default Order and Judgement, Plaintiffs were
contacted by Honolulu Attorney, George W. Ashford. (hereinafter “Buck
Ashford”) Buck Ashford contacted Plaintiffs to inform us that Kevin J. Thomas
had contacted his offices and the offices of his former client Cyanotech
Corporation and Nutrex. According to Mr. Ashford, Thomas had contacted him
to determine whether he could purchase any outstanding indebtedness held by
Ashford against Plaintiffs. Thomas informed Ashford that he wished to purchase
or force Agrigenic Food Corporation to sell their trademarks and tradenames to
Thomas and Vitarich Labs, Inc.
Vitarich Labs maintains their active membership in the quasi-regulatory
compliance program which, inter alia, certifies compliance with Good
Manufacturing Practices. (hereinafter ‘cGMP’). The program is administered by
the National Natural Foods Association, (hereinafter ‘NNFA’) and Vitarich Labs
is an active member. The NNFA is located in Newport Beach, California. Our
offices contacted NNFA cGMP program and spoke with Vicki Visette, who
provides regulatory functions, audit and keeps all work papers and Vitarich
Labs/Farms cGMP documents here in the Central District of California. Exh
28
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Exh. Id. 52.)
include VRL Press Release. NNFA cGMP List.
9.
Biotrac Labs and Biotech Analytical Labs distribute their products and services
through multilevel marketing organizations including but not limited to VAXA,
which provides direct shipments in to the Central District of California through
their website. They regularly advertise the defendant’s dietary supplement
products in California, and provide channels designed to offer regular
advice to customers located in California. In fact, VAXA is qualified to do
business in California.
See Exhibits – Website
advertising sales directly
into California. See
Vaxa’s Sec. State
California filings. See
related website exhibits
for Vaxa, Innerlife;
gotsupplements.com;
oxyfresh. See also
Florida Department of
Corporation’s exhibits
that Biotrac is Active
(Thomas said Biotrac
was inactive. See
Sunbiz.org.)
10.
See Exhibits of Oxyfresh
Seminars held in Los
Angeles, Ca. Hacienda
Heights. See telephone
directory listings for
Oxyfresh distributors in
the Central District of
California. See
Supplemental
Declaration of Kevin
Thomas identifying
Oxyfresh as a distributor
for Vitarich / Biotrac
Products and Services.
16
11.
17
See SEC 10K Filings
Identifying TriVita as
Vitarich Laboratories,
Inc.’s largest single
distributor of their dietary
supplements. See
California Department of
Employment and
Economic Development
Tax Lien. See TriVita
Website offering Vitarich
Laboratories, Inc.’s
Vegge bear products.
See informercial for
Vitarich Laboratories,
Sub-lingual B-12 directed
at the Central District of
California.
18
19
20
21
22
23
24
25
26
27
12.
See Affidavit of Vicki
Spani, Affidavit of Mia
Fredriksen, Affidavit of
Robert G. Kavanaugh
supporting assertion that
Vitarich Laboratories, Inc., distribute their products and services through
multilevel marketing organizations including but not limited to Oxyfresh, which
provides direct shipments in to the Central District of California through their
Idaho based distribution center. Oxyfresh directly promotes the defendant’s
dietary supplement products using their own labels. They regularly advertise the
defendant’s dietary supplement products in California, and provide channels
designed to offer regular advice to customers located in California. In fact,
OXYFRESH holds seminars promoting the defendant’s products throughout the
Central District of California.
Vitarich Laboratories, Inc., distribute their products and services through
multilevel marketing organizations including but not limited to Trivita Way
Corporation – According to the Argan, Inc. SEC 10K filing, TriVita Way is
Vitarich Laboratories, Inc.’s single largest customer, and nearly $5 million
dollars of the defendant’s products were distributed through this firm’s
infomercials and websites including in the Central District of California.
Additional evidence of this firms presence in California include a Employment
Development Department tax lien, and an infomercial which may downloaded
from the trivita.com website, which was made in Los Angeles, Ca., and includes
“interviews” of consumers in the Central District of California. The trivita.com
website sells directly to consumers in California.
Defendant Kevin J. Thomas attends the Natural Products Expo West (herein after
‘Expo West’) held annually at the Anaheim Convention Center located within the
Central District of California. Contrary to Thomas’s self-serving claim to be
“merely a guest of other suppliers, plaintiffs have attached affidavits in support
of plaintiffs assertion that Kevin J. Thomas actively sells and promotes Vitarich
28
3
1
2
3
4
Kevin Thomas both
actively conducted
business selling at this
annual tradeshow and
more. See Fahey’s Self
Styled Testimony of
Kevin J. Thomas
Exhibit 23 page 6.
6
8
13.
SEE 5
14.
Vitarich Laboratories, Inc., distribute their products and services through a joint
venture between Dr. William Reed and his company TEBBS Vitamins.com, a
California Resident. He uses Vitarich Labs exclusively, and key ingredients
manufactured by Vitarich Labs /Farms, and targets California residents.
15.
Vitarich Labs has a substantial and continuance Presence in California through
Vitamark/Vitacorp International. including documents filed in an unrelated
trademark infringement dispute in the Northern District of California; establish
that Vitacorp International did not challenge or object to personal jurisdiction in
California. (See JOINT CASE MANAGEMENT STATEMENT, COMPLAINT,
and NOTICE OF INTERESTED PARTIES at supplemental Exhibits A, B, C)
See In RE: Matthias Rath vs. Vitacorp International filed in NDCA District Court
in November 2004.) The same facts establish that Vitacorp International dba
Vitamark International is conducting a substantial amount of business
specifically directed at the Central District of California. In the Notice of
Interested Parties, the following four persons appear to hold a significant
controlling interest in Vitacorp International: The three original founding
members of Nutrition for Life, Inc. Mr. David Bertrand, Mr. Tom Schreiter (“Big
Al”) and Jana Mitcham, with Vitarich Laboratories, Inc.’s founder, defendant Mr.
Kevin J. Thomas. (Exhibit A, pg. 2 ln 10.) Copious examples of LIMU PLUS
marketing materials and distributor websites establish that Vitarich Farms and
Vitarich Labs openly acknowledge that the stream-of-distribution for their
popular dietary supplement products is through Vitamark International (a.k.a.
Vitacorp International.) The marketing materials actively promote the farm-tomarket aspects of the products and the related entities. (E.g. from Vitarich Farms
to Vitarich Labs to Vitamark International to distribution throughout California
including in the Central District of California.) Vitarich Farms grows products
almost exclusively for Vitarich Labs (See Exhibit __), which distributes products
primarily through Vitacorp International. (Hereinafter Vitacorp International and
Vitamark International are used interchangeably.) (See Paragraph 15) Vitacorp
International contracts with Vision Publishing to target advertising to the Central
District of California. Four Exhibits:
16.
Nutrition for Life, LLC, (hereinafter “NFL”) is a recently bankrupted distribution
company with extensive ties to the Central District of California as well as
extensive ties to both Kevin J. Thomas, personally, and as Chief Executive
Officer of defendant Vitarich Laboratories, Inc. as well as the his shareholderpartners who founded the newly formed Vitacorp International. (See paragraph
15.) For the purposes of determining personal jurisdiction, the Court should
consider both the Thomas Enterprises’ history of employing this similar pattern
of racketeering activity against NFL, LLC in its formation of Vitacorp
International. In addition, the Court should use the extensive evidence of
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Furthermore, Plaintiffs assert that Thomas used his physical presence at the Expo
West Tradeshow to contact the plaintiffs’ personnel manning plaintiff’s
tradeshow booth and asked specific questions about the volume of business being
conducted by plaintiffs and gathered other intelligence. In addition, he offered
VitaRX, an Arginine based dietary supplements manufactured by defendant
Vitarich Labs for sale to AFC.
Thomas attends the Expo West Tradeshow in Anaheim, California, annually.
Kevin J. Thomas actively engages in at least three days of sales and marketing
related activity, consistent with tradeshow attendance, in the Central District of
California every year.
5
7
Labs and Vitarich Farms’ products at the Expo West tradeshow.
See US Trustee
Report: Vitarich
Laboratories, Inc. is
the primary supplier to
NFL.
NFL has liability to
California Board of
28
4
1
Equalization of
$101,000.00.
transactions by NFL, LLC, as detailed by the trustee’s reports attached hereto as
Exhibit Z as the substantially the same substantial and continuous transactions as
used by the illegitimate surviving entity, Vitacorp International. In reviewing the
trustee’s documents, the most salient issues establishing personal jurisdiction in
this Court are: (1) the material, outstanding indebtedness owed to the California
Board of Equalization, suggesting that the substantial transactions engaged in by
NFL, LLC, were directed to California residents, including the Central District of
California. (2) that the trustee has listed Vitarich Labs (and Kevin J. Thomas ) as
a major creditor, referring to Vitarich Labs as the primary supplier (See Exhibit Z
(last page))
As evidenced by the bankruptcy trustee’s extensive financial
disclosures and schedules filed in the US Bankruptcy Court for the Southern
District of Texas. The trustee’s schedules establish that NFL, LLC was a primary
conduit by which Vitarich Labs distributed its dietary supplement products to
California residents and including in the Central District of California. Finally,
Vitacorp International lists offices located in Santa Ana, California, in the Central
District of California. (See Exhibit 16) These facts are strong support for the
Court exercising personal jurisdiction over the Thomas Enterprise Defendants
based upon both the general jurisdiction and personal availment bases for a
Court’s exercise of personal jurisdiction over a defendant. In addition, this
evidence supports this Court’s exercise of personal jurisdiction over the Fahey
Enterprise Defendants a under the purposeful availment theory.
17.
Joshua Fahey intentionally and fraudulently represents himself as an employee of
Biotec Foods, (Plaintiff’s tradename) and directs employees from unsuspecting
customer accounts to “update” their computer to reflect the “new” contact
information. Joshua then provides the Plaintiff’s customer with an address
located in Sarasota, Florida, and known to be a check cashing store with private
mailboxes which is located at 3434 North Tamiami Trl Suite 805; Sarasota, FL
34234. Unsuspecting customers have forwarded payments intended for
Plaintiffs’ directly to Joshua Fahey. The checks are cashed using Union
Planter’s bank located in Peoria, IL. In addition the Plaintiff direct the Court to
the WHOIS Internet Registrar documentation included as Exhibits to the Declar.
RGK at Id 32.0; 32.1; 32.2; 32.3; 32.4; 32.5; 32.6; 33.0; 33.1; 33.2; 33.3 and
33.4. The owner of the infringing sites is listed as either Mary Jean Fahey
(a.k.a. Mary Jean Feak) or Josh Fahey.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18A
18
18B
19
William J Fahey
was served here.
20
See Decl. William J.
Fahey and taxes
paid to Franchise
Tax Board.
21
22
19.
Mary Jean Fahey was substitute served through her attorney of record, whose
offices are located in the Central District of California, in the related Order to
Show Cause, Mr. Robert L. Risley. Mr. Risley has denied representing William
J. Fahey; however, has admitted to representing Mary Jean Feak Fahey. This
Court has the discretion to exercise personal jurisdiction over defendant Mary
Jean Feak Fahey based upon the substituted service of process on her attorney
located in the Central District of California. (See discussion of case law at
Supplemental Memorandum of Points and Authorities.)
20.
On or about March 30, 2005, Maria Madrid, buyer for Solgar received a
telephone message from a man who represented that he was with Biotec Foods, a
division of Agrigenic Food Corporation. I returned the telephone call by dialing
23
24
25
26
27
This Court has personal jurisdiction over defendant William J Fahey
because he was personally served with the summons and complaint initiating
this action while he was physically located here in the Central District of
California. Personal service within a jurisdiction has long been a generally
recognized basis for a Court’s exercise of personal jurisdiction over a defendant.
In addition, in spite of his self serving claims, William J. Fahey has paid taxes in
California. In fact, William J. Fahey used his dummy corporation, Biotec FoodsCalifornia to sue plaintiffs here in the Central District of California in 1996.
See EMAIL from AFC
Customer, Solgar
28
5
1
Vitamins and Herbs’
buyer Maria Madrid.
the number provided and was connected with a company called “The Enzyme
Company” rather than Agrigenic Food Corporation. The man answering the call
identified himself as “Jackson”, and further declared that Biotec Foods was out of
business and that our computer contact information for the raw material, Biotec
Foods’ wheat sprout powder, which Solgar has purchased from Biotec Foods,
located in Huntington Beach, CA, should be updated to reflect the “correct”
contact information which he declared was: The Enzyme Company; 3434 North
Tamiami Trail Suite 805, Sarasota, FL 34234. In addition, the caller provided me
with the following telephone numbers 800-488-3899 or 800-704-7537 and a fax
number of 941-358-9133. Furthermore, the caller declared that the manufacturer
was Biopharms and that the product was now called Primative Sprout Complex,
but that it was the exactly the same as the Biotec Foods’ wheat sprout powder
that Solgar has purchased from Biotec Foods over the past several years.
(Inference ongoing tortuous activity and possession of AFC’s trade secrets.)
21.
Contrary to defendant Kevin J. Thomas’s self-serving statements that Biotech
Analytical Laboratories, Inc., is a urine and dietary supplement testing service, a
recent article appearing in the Naples Daily News suggests that the “Company” is
a policing agency for the dietary supplement industry. (However, the inference is
that Biotech Analytical Labs is nothing more than an alter ego for defendant
Kevin J. Thomas.) In addition, Thomas appears to have sufficient control over
the “enterprise” to employ his former business partner in defendant’s competing
business (BIOGENETIC FOOD CORPORATION) immediately upon his
release from State prison on one of the largest investment fraud cases to be
recently prosecuted in Southern Florida, Mr. Mike Kiel, a man who still
required to wear a State issued GPS tracking device, is labeled in the article
as Mr. Thomas’s personal assistant.
2
3
4
5
6
7
8
9
10
11
See Naples Daily
News Article about
BIOTECH
ANALYTICAL
LABORATORIES,
INC. AND KEVIN J.
THOMAS.
12
13
14
15
16
22.
RICO/Civil
Conspiracy
The evidence described in this action are sufficient to infer the existence of a
civil conspiracy. In addition, plaintiffs will amend their complaint in include
RICO Conspiracy allegations.
17
18
19
20
21
22
23
24
25
26
27
28
6
1
Table 2
2
Partial List of Expected Witnesses
3
4
5
6
7
8
9
10
11
12
13
14
WITNESS
OSC
CURRENT
Debra Sigwell (a.k.a. Kitty)
Healthways
6606 W. North Ave.
Wauwatosa, Wi. 53213
Ph# 414-259-3933
X
X
KATHY COX
2719 BOX CANYON RD
HUNTSVILLE, AL 35803
PH# 256-650-4237 WK# 256-880-3886
DR. JOSEPH SCHNELLER
3108 S WISCONSIN AVE.
JOPLIN, MO. 64804
PH# 417-781-2231
PAULINE MARTIN
MARTIN DISTRIBUTING
P.O. BOX 125
MONETT, MO. 65708
PH# 417-846-1052
X
X
X
X
X
X
TAHNEE GRAUER NC
4560 N PLACITA OQUITOA
TUCSON, AZ. 85749
PH# 520-749-2750
X
X
LANI GILLIS
4909 AMADOR DR.
OCEAN HILLS, CA. 92056
PH# 760-630-9000
X
X
JO-ANNE KANESHIRO
FUKUDA SEED STORE, INC.
1287 KALANI STREET, #106
HONOLULU, HI 96817
PH# 808-841-6719
X
X
WAYNE WILQUET
TS NUTRITIONAL SERVICES
2252 PREBLE AVE
GREEN BAY, WI. 54302
PH# 920-468-5566
X
X
LOUISE DUNN
600 14TH STREET NW
ALBUQUERQUE, NM 87104
PH# 505-243-6047
X
X
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0
1
2
ROGER ANGST
AMERICAN HEALTH FOODS
211 FM 1960 WEST, SUITE I
HOUSTON, TX 77090
PH#: 281-537-7662
X
X
3
4
SUSANNE NEAL
21515 PEACH TREE RD.
DICKERSON, MD 20842
PH# 301-972-7417
X
5
6
7
8
9
10
11
12
13
JOYCE MORSE
8077 PRINCE CHARMING LANE
ROSCO, IL 61073
PH# 815-623-1454
ROBERT L. KENDALL
1757 BANIDA AVE
HACIENDA HEIGHTS, CA
APRIL
SUPER NATURAL DISTRIBUTORS
W229 NJ680 WESTWOOD DRIVE,
WAUKESHA, WI 53186-1152
PH# 800-888-4008
X
X
X
JOE ANDROS & DOUG
THRESHOLD ENTERPRISES
23 JANIS WAY
SCOTTS VALLEY, CA 95066-3536
PH# 831-461-7313
X
MRS. CYNTHIA L. ERICKSON
MR. CHRIS ERICKSON
208 LOCKE HILL RD.
WENDELL, MA 01379
PH# 978-544-5287
X
14
15
16
17
18
SERG ZAVALA
NATURAL VITAMINS 2000
671 MANHATTAN AVE
BROOKLYN, NY 11222
PH# 718-389-2596
X
19
20
21
22
23
ALBERT SNOW
HOLISTIC HEALTH CENTERS
176 MAIN ST
MEDWAY MA 02053-1570
PH# 508-533-4622
RHEA HABECK
1106 BIRCH ST
FOREST GROVE OR 97116
PH# 503-992-8058
X
X
24
25
26
27
ROGER ANGST
AMERICAN HEALTH FOODS
211 FM 1960 WEST, SUITE I
HOUSTON, TX 77090
PH#: 281-537-7662
MARK TIMON
VIBRANT HEALTH
28
1
X
1
2
432 LIME ROCK ROAD
LAKEVILLE, CT 06039
PH: 860-435-3506 FAX: 860-435-3576
X
3
4
5
6
7
8
9
10
11
12
13
14
JAMES CHU
NUTRIMART
3604 HAWKWOOK RD
DIAMOND BAR, CA 91765-3789
PH# 909-396-6530
JACKSON CHONG
BESTQ / MIRACLE NUTRITION
2275 HUNTINGTON DR. #192
SAN MARINO, CA. 91108
PH# 626-215-5560
DIANA CHONG
BESTQ / MIRACLE NUTRITION
2275 HUNTINGTON DR. #192
SAN MARINO, CA. 91108
PH# 626-215-5560
JENNIFER BURWOOD
JOHN HALSEY WURTS
SEATTLE SUPER SUPPLEMENTS
PO BOX 77695
SEATTLE, WA 98177
PH: 206-835-1416 FX: 206-244-2527
CELL: 206-227-5659
X
X
X
X
15
16
17
H. HAYWOOD MILLER
ARGAN, INC.
ONE CHURCH STREET, SUITE 302
ROCKVILLE, MARYLAND 20850
PH# 301-315-0027
X
18
19
20
RAINER H. BOSSELMANN
ARGAN, INC.
ONE CHURCH STREET, SUITE 302
ROCKVILLE, MARYLAND 20850
PH# 301-315-0027
X
21
22
23
24
*DENISE HOLEWINSKI
C/O ARISE DIRECT MARKETING, INC.
5152 BOLSA AVENUE STE 101
HUNTINGTON BEACH, CA 92649-1047
PH# 714-899-3477
X
25
26
27
*ROBERT G. KAVANAUGH
C/O ARISE DIRECT MARKETING, INC.
X
28
2
1
PH# 714-899-3477
2
MIA FREDERICKSON
3
X
4
5
SUSAN G. HAMILTON
55 TOWN LINE ROAD
HARWINTON, CT 06791
PH# 860 485-9088
X
6
7
8
*REBECCA
LASSEN’S THOUSAND OAKS
2857 E THOUSAND OAKS BLVD
THOUSAND OAKS CA 91362-3202
PH# 805-495-2609
9
10
11
*CAROL PELCH
5414 VERDANT WAY
HOUSTON, TX. 77069
PH# 281-537-8318
X
X
12
13
14
15
VICKI SPANI
PH# 714-899-3477
X
JOHN WHEATLY
CORONA, CALIFORNIA
X
16
17
18
19
20
21
22
23
24
25
26
27
28
3
1
2
3
1
William K. Vogeler
Gruenbeck & Vogeler
Spectrum Business Center
Six Venture, Suite 270
Irvine, CA
Phone: 949.453.1874
2
3
4
AFFIDAVITOF DENISE HOLEWINSKI
State of California
County of Orange
4
5
6
6
7
Western Division
7
8
9
10
8
12
Affidavit of Denise Holewinski
Counter-Claimant
V.
regarding the June 2, 2003 Telephone
12
Call from Joshua O. Fahey.
13
Biotec Foods Corporation dba Biotec
14
Foods, a Hawaii Corporation
14
15
Pacific Botanicals Corporation, a Delaware
15
16
Corporation
16
18
17
Counter-Defendant
18
V.
19
William James Fahey, individually
19
20
Joshua Owen Fahey, individually
20
21
Mary Jean Feak, individually
21
22
representative for Arise Direct Marketing, Inc., located in Huntington Beach, California.
2. Furthermore, upon arriving at work in or around 8:00am PST at Arise Direct Marketing,
Inc.’s Huntington Beach, California office, on the morning of June 2, 2003, I discovered
22
Third-Party-Defendants
23
23
24
24
25
25
26
26
27
27
28
28
Supplemental Exhibit 1
that the rear entrance to the facility was open and ajar. Furthermore, I noted along with
11
13
17
employed on a part-time basis as a telephone sales and customer services
10
Corporation
11
1. I am a resident of Orange County, California and was at all relevant times herein,
9
Case No. 99cv02283 MANx (CAS)
Agrigenic Food Corporation, a Nevada
the other employees arriving at work that morning that all the company’s computer
workstations and fileservers were missing from the building.
3.
Furthermore, I noted that a heavy duty shipping scale, and various files and financial
records including corporate tax return and files and our client, Agrigenic Food
Corporation’s corporate record book and files were missing and/or scattered about the
office.
4. At approximately 10:42 am that same morning, and while Huntington Beach police
officers were still present inside the building and continuing their investigation of the
burglary, I overheard Shannon Street, receptionist, answer a telephone call using a
speakerphone on line 5. Based on my knowledge of the company’s telephone system,
that call was had to have been placed to 800-773-3859.
5. After Shannon Street answered the telephone, we heard a male’s voice which I did not
yet recognize make the following threat: “Tell Bob, that if the Police catch us, we’re going
to f**k him up.” The caller then hung up the telephone.
6. Later that same day, Robert Kavanaugh, the president of Arise Direct Marketing, Inc.,
returned to the office and he discussed that morning’s incidents with me along with other
matters relating to the burglary. Using our caller id device and the process of
1 of 4
Affidavit of Denise Holewinski - 1
1
2
3
4
5
6
SS:
Denise Holewinski, being first duly sworn on oath, deposes and says:
Attorney for Plaintiff(s)
5
)
)
)
2 of 4
elimination, we determined that the call appeared to have originated from 941-362-3453,
a number which was later determined to belong to Joshua Fahey.
7. Mr. Kavanaugh dialed the telephone number 941-362-3453. Both of us listened to a
answering machine’s greeting. I recognized the voice on the recorder as the same
person who had called in the threat.
8. Robert Kavanaugh identified that same voice as belonging to Joshua O. Fahey.
7
8
9. Thereinafter, I agreed to provide the testimony herein.
9
10
11
Further affiant sayeth naught,
12
Dated this 18th day of June, 2003
13
By: s/ /DENISE HOLEWINSKI
Denise Holewinski
14
15
16
________________
17
18
19
20
21
22
23
24
25
26
27
28
3 of 4
EXHIBIT 1
4 of 4
1
1
reason to doubt that I had not indeed reached the business from which I had originally
2
requested product literature and samples, and I left a message requesting that someone from
3
William K. Vogeler
Gruenbeck & Vogeler
Spectrum Business Center
Six Venture, Suite 270
Phone: 949.453.1874
4
Attorney for Plaintiff(s)
4
2
3
the company return my telephone call so that I might place an order.
4. Within a few days, I was contacted by someone who represented that he was with Biotec
5
5
Foods. We discussed the Biotec Food’s Cell Guard product for some time and in some detail.
6
6
In addition, we discussed requirements, including minimum order requirements, and other
7
7
terms related to purchasing the product.1 The caller represented that if I were to purchase
8
twenty-six 190-count bottles of Cell Guard at a price of $19.50 each, I would be entitled to
9
receive fourteen bottles of 190-count Cell Guard for free. I agreed to the purchase and gave
Case No.: CV 99-02283 MANx (CAS)
Agrigenic Food Corporation, et.al.,
8
Plaintiff(s)
Affidavit of Cynthia L. Erickson
9
vs.
10
10
the caller my shipping address, as well as my credit card number and expiration date.
William James Fahey, et. al.,
11
11
5. In or around October 23, 2003, after waiting nearly one month and still not having received a
Defendant(s)
12
12
shipment from the company, I again call 800-788-1084 in order to determine the status of the
13
13
product shipment, whereupon I was connected with a representative who identified himself
AFFIDAVIT CYNTHIA L. ERICKSON
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
State of Massachusetts
City and County of Wendell
)
)
)
14
Cynthia L. Erickson, being first duly sworn on oath, deposes and says:
1. I am a resident of Wendell, Massachusetts.
2. In or around August 2003, I became interested in the Biotec Foods brand of dietary
supplements after I read about the product in a book entitled “Prescriptions for Nutritional
Healing,” whereupon I contacted Biotec Foods, using the telephone number listed in the
appendix of the book: (800) 788-1084. I requested and received product information as well
as a sample bottle of CELL GUARD, a dietary supplement, from the company. I tried the
product and ultimately decided to purchase a quantity of CELL GUARD from the company.
3. Using the same telephone number I had used before when I requested product information
and samples, I contacted Biotec Foods, whereupon I was connected to a telephone answering
device. To the best of my recollection, the greeting message was as follows: “Enzymes are
nature’s miracles. You have reached the Enzyme Company, and I am either in the Lab or busy on
another call, but if you leave a message, I will return the call as soon as possible.” Having no
Affidavit of Cynthia L. Erickson - 1
8. Mr. Kavanaugh asked me which toll free number I recalled dialing, and on what date I recalled
2
placing the order: To the best of my knowledge and belief, I attempted to contact AGRIGENIC
4
scheme devised and implemented by the aforementioned fraudulent enterprise.,
Furthermore, Mr. Kavanaugh alerted me to the possibility that the people who had contacted
7
me and represented themselves to be with Biotec Foods, might attempt to fraudulently
8
charge my credit card and he directed me to inspect my recent credit card activity, and
9
especially, to identify any charges which might have appeared for BIOVET, INC., and
12
13
14
an order with AGRIGENIC FOOD CORPORATION d/b/a Biotec Foods, but rather that my
18
telephone call had been fraudulently re-routed to another enterprise which was unrelated to
19
AGRIGENIC FOOD CORPORATION d/b/a Biotec Foods, and was in fact fraudulently
20
manufacturing and distributing a counterfeit version of the Biotec Foods’ product-line.
21
7. Mr. Kavanaugh asked me for the UPC barcode numbers on the sample bottle I had received
22
about two months prior, and I gave him the number 7-41826-35102, whereupon I was
23
informed that the sample bottle was proper and consistent with genuine Biotec Foods’ brand
24
product, and it was unlikely that the sample bottle contained counterfeit product.
25
26
27
28
1
It was my opinion that the man who contacted me was attempting to steer me toward the purchase of a
“granular” version of the Cell Guard product. He made several references to a granular version and suggested
that the granular version was superior in several respects.
2 of 14
furthermore, to contact my bank and notify them of any such fraudulent charge by BIOVET,
INC..
10. Upon inspecting my credit card statement, I discovered that $512.88 was charged to my credit
card by BIOVET, INC. on October 16th, 2003.
11. Pursuant to my conversation with Mr. Kavanaugh, I contacted my credit card’s company’s
15
customer service department whereupon the BIOVET, INC. charge was disputed pursuant to
16
my credit card company’s procedure. The charge remains in dispute pending the outcome of
17
record of my order, and furthermore, Mr. Kavanaugh related his concern that I had not placed
17
FOOD CORPORATION d/b/a Biotec Foods on September 29, 2003 by dialing 800-788-1084.
6
11
16
9. Mr. Kavanaugh alerted me to the possibility that my call had been intercepted as a result of a
5
10
6. After searching through the company’s records, Mr. Kavanaugh reported to me that he had no
1 of 14
1
3
as Robert Kavanaugh, the company president.
15
SS:
an investigation by my credit card company.
18
12. Later, I contacted Mr. Kavanaugh and related the information about the fraudulent charge on
19
my credit card from BIOVET, INC. and thereinafter, I agreed to provide the testimony deposed
20
to herein.
21
22
Further affiant sayeth naught,
23
24
25
26
27
28
3 of 14
4 of 14
BIOTEC FOODS
BIOTEC FOODS
D I V I S I O N
O F
A G R I G E N I C
F O O D
C O R P O R A T I O N
Kevin J. Thomas
President
Vitarich Laboratories
4365 Arnold Avenue
Naples, FL 34104
Dear Mr. Thomas:
On April 26, 2004, my attorney provided me with a copy of an affidavit allegedly attested to and
filed by you in the US District Court for the Central District of California in case number
99cv2283. If the affidavit was knowingly and intentionally filed as is, the statements attested to
therein, as to the content and subject matter of that conversation, and the entire allegation and
false recounting of credible threats made by me against William J. Fahey and/or his family,
during that April 2, 2004, telephone conversation, would undoubtedly be prosecutable as
unlawful perjury. Federal perjury laws penalize anyone who willfully or knowingly makes false
statements under oath. A related law against subornation of perjury makes it illegal for anyone
to procure another person to commit perjury.
As you know, your ‘leading’ questions were designed to coerce me into making a statement that
might be considered damaging or even threatening. And, as you well know, I made no such
statement, and I certainly never threatened to unlawfully cause harm to Mr. Fahey or his family.
Furthermore, as I was also aware that you had purposefully engaged in the conversation with
me using your speaker-phone, neither of us had any expectation of privacy. Consequently, our
entire telephone conversation of April 2, 2004, was recorded, transcribed, witnessed and logged
in full compliance with California Penal Code Sections 631, 632. If necessary, a true and
complete transcript of our April 2, 2004, conversation fully witnessed and attested to, will be
made available to the Court.
If you were not aware that a sworn statement had been filed, allegedly by you—in support of an
opposition to an order to show cause regarding contempt—and which contained false
allegations as to the content and subject matter of that conversation, and a false recounting of
credible threats made by me against William J. Fahey and/or his family, or if you believe that
another fraud or irregularity was perpetrated on the court by the filing of that document, I urge
you to contact our attorney, William Vogeler at (949) 453-1874 to discuss how you might best
correct the matter.
Otherwise, as a direct result of the false statements attested to in that document, any future
attempt to communicate with me or anyone else at these offices should only be made in the
A N T I O X I D A N T
E N Z Y M E S
5152 BOLSA AVE. • SUITE 101 • HUNTINGTON BEACH • CA 92649 • PH: (800) 788-1084 • FAX (800) 788-1083 • http://www.biotecfoods.com
EXHIBIT 9.1
EXHIBIT 9.1
O F
A G R I G E N I C
F O O D
presence of at least one attorney or other officer of the court, or in the alternative, you may no
longer contact or communicate with me or anyone in this office telephonically or in person and
harbor any expectation of privacy: Any attempts to contact me or anyone in my organization by
telephone should be considered by you as the legal equivalent to your express consent to the
recording of the entire conversation pursuant to California Penal Code Sections 631, 632. If and
when I accept your telephone calls or participate in a conversation with you, now or at anytime in
the future, you should immediately presume and conclude that the communication is being
monitored and/or recorded except where otherwise expressly stated or prohibited by law.
Furthermore, anything you say may be used as against you in a court of law.
April 27, 2004
Via Certified Mail
Via Fax: (239) 430-4930
A D V A N C E D
D I V I S I O N
6 of 14
1 of 4
8 of 14
3 of 4
Finally, this letter and its attachments serve as a formal notice to you personally and in your
capacity as an employee, officer or director of any and all companies that may employ you, or
which you might otherwise control, that the US District Court for the Central District of California
has issued a permanent injunction pursuant to 15 U.S.C §1116 [a true and correct copy of which
is attached hereto] which might affect and/or constrain you and your company from engaging in
(or the active concert or participation with those persons engaged in) the manufacture,
assembly, labeling, distribution and/or sale of any of any dietary supplement products listed in
paragraph two of the attached order. If you or Vitarich Labs or any other company under your
control, knowingly violate the attached order and/or engages in active concert or participation
with those persons unlawfully manufacturing, assembling, labeling, distributing, or selling any of
dietary supplement products listed in paragraph two of the order, the court could find you and/or
Vitarich Laboratories in contempt and you and/or your company could be required to pay
damages, and/or be subject to other sanctions and/or fines levied by the court as prescribed by
law.
If you have questions about your legal rights and/or responsibilities, you should contact your own
attorney. If you wish to discuss the aforementioned affidavit or the attached order of the Court,
please feel free to contact our attorney, William K. Vogeler, with Gruenbeck & Vogeler at (949)
453-1874.
Yours truly,
Robert G. Kavanaugh
President
Biotec Foods
A division of Agrigenic Food Corporation
cc: William K. Vogeler
Encl: Default Judgment and Order
A D V A N C E D
A N T I O X I D A N T
E N Z Y M E S
5152 BOLSA AVE. • SUITE 101 • HUNTINGTON BEACH • CA 92649 • PH: (800) 788-1084 • FAX (800) 788-1083 • http://www.biotecfoods.com
EXHIBIT 9.1
EXHIBIT 9.1
7 of 14
2 of 4
9 of 14
4 of 4
.
ROBERT L. RISLEY Bar
A Professional Law Corporation
790 E. Colorado Blvd., Ninth Floor
Pasadena, CA 101-21
(626) 397-2745
Attorney for Defendant, Jean Feak
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT O F CALIFORNIA
BIOTIC FOODS CORPORATION, doing
Business as BIOTEC FOODS, a Hawaii
corporation, PACIFIC BOTANICALS,
CORPORATION, a Delaware corporation,
)
Case No. CV-99-2283 CAS
)
)
)
DECLARATION OF KEVIN J. THOMAS
IN SUPPORT OF RESPONSE TO ORDER
TO SHOW CAUSE
)
Hearing date: April
Time:
a.m.
Dept.:
5
Plaintiff,
Food Corporation, a Nevada
corporation,
Defendant and Third
Party Plaintiff,
AND RELATED CROSS-ACTION
I, KEVIN J. THOMAS, make the statements contained in this declaration under penalty of
perjury, under the laws of the state of California,and state as follows:
1.
The facts stated in this declaration are personally known to me, occurred in my
presence, and if called to testify in court, my testimony will be substantially in agreement with the
statements contained in this declaration.
2.
visited my office to purchase empty plastic bottles,
On Friday, April 2, W.J.
DECLARATION OF KEVIN
EXHIBIT
10 of 14
1 of 1
THOMAS
caps, and accessories for his company, Biotec Foods of Florida (BFF). As a former employee of
was wrongfully valued as a
11 of 14
and that I was just
of his historic victims
BFF and Biovet International in Florida, I dedicated the afternoon for his attendance. During the
I recommended that I call Mr. Kavanaugh to see if I could better
meetings with Mr.
3.
Using my speaker phone in my office, with
silent attendance, I called Mr.
Hawaii, Ltd.), now located in southern
Kavanaugh at the Hawaiian corporation (Biotec
of his scheme to manipulate. I then suggested to Kavanaugh the reason for my current success is
due to the extensive training and work experience provided by Mr.
and Kavanaugh.
understand the conflicts between
California, to visit on the case in the United States District Court in Los Angeles. Being a former
and many of his
some of those trainings, and why doesn't
companies, and that he, (Kavanaugh), also benefited
he just drop the legal games and move on with his business. His closing statement was "I won't be
is dead. He's scum."
happy till that
co-employee and former residential roommate with Kavanaugh, we have a close history and have
5.
time to time, over the last twelve years. This time, when I questioned him
communicated,
about the conflict between he and
his tone and aggression elevated and the following
troubling statements were made:
6.
I will put a bullet in his head."
Thomas:
"Do you have a gun?"
Kavanaugh:
'Yeah. I had to get one because the
Thomas:
"Don't you think that's a little extreme?"
broke into my
stole my
return to his home in
with the wrong
ass."
boy, and I'm just going to kick his
"Aren't you going to see him on Monday in court?"
Kavanaugh:
"That's the day that
and his children's well being, as this
statement cannot express the emotion, the tone, or the turpitude and intensity experienced in that
with me."
I declare under penalty of perjury under the laws of the State of California that
the foregoing is
During the conversation, I watched Mr.
Florida.
I am genuinely concerned for Mr.
phone call.
Thomas:
will regret he ever
asked to excuse himself where he went to
an hour and a half to calm him down and to get his mind off things. He departed at 7pm to
7.
needs the shit kicked out of him, and he
When I hung up the phone, Mr.
the bathroom for approximately thirty minutes. Upon his return, I took him for a ride for about
shit and have threatened me, so now I carry a gun."
4.
about Mr. Kavanaugh's brother in an attempt to lighten the intensity
conversationand I tried to interject some humor and levity to soften Mr.
Kavanaugh's mood. I wished him good luck. Told him I would visit with him soon.
Kavanaugh: "If I see that
Kavanaugh: "That
We then
of the
sit back in the chair, remove his
and correct.
Dated: April 14,2004
;lasses, put his head down with his hands on his forehead and just shake his head, "no", several
imes. He was clearly disturbed and troubled by the threatening statements made. Mr. Kavanaugh
to slander Mr.
name, his integrity referring to him as a fraud, a con artist, a
OF KEVIN J.
a fool, and that I was an idiot to think that my twenty-five year relationship with Mr.
DECLARATION OF KEVIN I. THOMAS
12 of 14
13 of 14
PROOF OF SERVICE BY MAIL
2015.5 C.C.P.)
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
1
2
I am a resident of the county aforesaid; I am over the age of 18 years and not a party to
3
the within entitled action; my business address is 790 East Colorado Boulevard, Ninth Floor, Pasadena,
4
foregoingDECLARATIONOF KEVIN J. THOMAS IN
5
SUPPORTOFRESPONSETO ORDER TO SHOW CAUSE on the interestedparties in said action,
6
by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the
7
United States mail at Pasadena, California, addressed as follows:
8
California91101-2193. On April
NUPUR NAGAR (SBN 224573)
The Perma Firm
5152 Bolsa Avenue, Ste. 101
Telephone: 714-899-4838
Facsimile: 714-899-0078
Email: [email protected]
Attorney for Plaintiffs
Agrigenic Food Corporation, Arise Direct Marketing, Inc.
WESTERN DIVISION
9
William Vogeler
Attorney at Law
Vogeler
6 Venture, Suite 270
CA
8
10
11
12
I DECLAREUNDER PENALTY OF PERJURY
LAWSOF THE STATE
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Pasadena, California.
Executed on April
CASE NO. CV04-10585-CAS (MANx).
ROBERT G. KAVANAUGH, individually;
AGRIGENIC FOOD CORPORATION, a Nevada
corporation;
ARISE DIRECT MARKETING, INC., a Nevada
corporation,
Affidavit of Diana Chong
Plaintiff(s),
13
14
vs.
15
WILLIAM JAMES FAHEY, individually;
JOSHUA OWEN FAHEY, individually;
MARY JEAN FEAK FAHEY, individually
KEVIN J. THOMAS, individually;
VITARICH LABORATORIES, INC., a Delaware
corporation;
VITARICH FARMS, INC., a Florida corporation;
KEVIN J. THOMAS, LC, a Florida limited liability
company;
BIOTECH ANALYTICAL LABORATORIES, INC., a
Florida corporation;
BIOTRAC LABORATORIES, INC., a Florida
corporation;
BIOTEC FOODS OF FLORIDA, INC., dba Biotec Food
Corporation, a Florida corporation;
BIOVET INTERNATIONAL, INC., a Florida
corporation; and DOES 1-10
16
17
18
19
20
21
22
23
Defendant(s).
24
for
of
25
j.
26
27
28
1
PROOF OF SERVICE
1
1
AFFIDAVIT OF DIANA CHONG
2
4 County of Los Angeles
6
)
) SS:
)
3
DIANA CHONG, being first duly sworn on oath, deposes and says:
1. I do not have a direct, pecuniary interest in the outcome of this case.
7
8
9
12
13
16
17
3. As a function of my job responsibilities with BestQ, I am responsible for
20
21
24
25
supplement product manufactured by Biotec Foods, a division of Agrigenic
13
28
6. Based upon the foregoing representations, BestQ, had intended to contract to
purchase “SKO” from the caller, Josh Fahey of Sarasota Florida. However, on
or about March 2004, while Jackson Chong and I were attending the EXPO
WEST TRADESHOW in Anaheim, CA. we encountered Biotec Food’s
tradeshow booth and Mr. Robert G. Kavanaugh. This was surprising to us all
because we had been informed that Mr. Kavanaugh was incarcerated for
14
Food Corporation, and which BestQ repackages and distributes to its own
customers under its own trademark “SKO.”
15
16
4. On or about December 2003, I was contacted by telephone (on my personal cell
17
“trademark infringements.”
7. Mr. Kavanaugh was able to correct the untruthful statements made by Joshua
and William J. Fahey just prior to BestQ, wiring payment to the Faheys for a
18
phone) by a person who identified himself as Josh with Biotec Foods Hawaii.
The caller said they had offices in Florida as well, and that the Florida office
could provide BestQ with products at roughly half the price they were currently
19
20
21
dietary supplement product purchase.
8. In addition, I discussed with Robert Kavanaugh that I had concerns about the
Fahey’s initial contact and their statements; however, the fact that they had
22
paying. Based on the statements made by the caller, I had some concerns, and I
wrote down the 800 number (800-488-3899) and contacted the general partner
23
contacted me on my cell phone as was Biotec Food’s practice, gave credibility
24
to their otherwise incredible statements. Robert Kavanaugh informed me that
25
of BestQ, Mr. Jackson Chong to discuss the callers’ proposal.
26
27
11
12
22
23
8
vender relations including procuring various raw materials, including a dietary
18
19
number for BestQ in their computer.
6
10
14
15
Corporation, had listed my cell phone number as the primary contact phone
5
9
of Los Angeles, California.
reasons, I am aware that Biotec Foods, a division of Agrigenic Food
4
7
2. I am employed by BestQ, an import and export company located in the County
10
11
I rarely offer my cellular phone number to vendors. However, for logistic
2
3 State of California
5
1 of 4
AFFIDAVIT OF DIANA CHONG
14 of 14
on June 2, 2003, Biotec Food’s entire computer system had been stolen from
26
5. The fact that the caller contacted me on my cellular phone was notable because
my cell phone number is not published and is not listed as belonging to BestQ.
2
2 of 4
27
their offices in Huntington Beach, CA. Mr. Kavanaugh informed me that he
28
3
3 of 4
1
believed that my cell phone number could only have been learned from the data
2
3
4
located on the stolen computers.
Further affiant sayeth naught
5
6
7
DATED: May 2, 2005
DIANA CHONG
8
9
10
11
By:/s/
Diana Chong (See attached)
DIANA CHONG
BestQ,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
4 of 4
Supplemental Exhibit 4 - Sprint Phone Logs 2 of 4
Supplemental Exhibit 4 - Sprint Phone Logs
1 of 4
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EXHIBIT I2
A
Page 1 of 2
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Because it digests more quickly when taken without additional food.
How Many Calories Are In ProGreens ®?
These statements have not been evaluated by the Food and Drug Administration. This
product is not intended to diagnose, treat, cure, or prevent any disease.
Less than 40 calories per serving.
We appreciate the opportunity to provide cold ground, 120 mesh
(a proprietary blend of wheat and soy sprouts) for your
industry leading product Green Vibrance@.
As you know, Biotec Foods, a
division of Agrigenic Food Corporation, has been honored to supply
for inclusion in Green
since 1997; however, it
we are no longer supplying you with
and probably
appears
as a result of the scheme devised by Robert Kendall, William
and Kevin
which included the libelous
you and our other largest customers
have
received sometime last year. (Although I hate drama, I sure seem
been embroiled in one since March 2003, and I suspect that explaining the
whole drama would seem more like whining than explanation and would
therefore be inappropriate. However, I would be curious to know if
owner Kevin Thomas approached David about providing a turnkey
or if David simply shopped a
manufacturing solution for Green
Labs.
solution and decide upon
Should ProGreens® Be Refrigerated?
To preserve probiotic and enzyme activity, we
suggest keeping ProGreens® refrigerated after
opening.
Although you can always take too much of a
good thing, you can drink ProGreens® several
times each day without side effects.
How Often Should I Take ProGreens®?
Ph: 860-435-3506
FAX: 860-435-3576
Dear Mark:
● And it’s a great way to start the day!
What Kind Of Ingredients Are In
ProGreens®?
Mark Timon
Vibrant Health
432 Lime Rock Road
Lakeville, CT 06039
NutriCology
®
Frankly, providing your firm with
for finish manufacture in
Florida facility places us at somewhat of a disadvantage. As you
owner Kevin Thomas was a former employee of
may or may not know,
Biotec Foods-Hawaii, Ltd. when William
was CEO. Actually, Thomas and
I were roommates for a year or two in Hawaii. Needless to say, our
friendship has waned since last year when Thomas began to champion a
to illegally infringe upon all of our trademarks
campaign by William
in spite of a Hawaii court order and a US District Court Order forbidding
the activity. A disgruntled former employee (Robert Kendall aka Mr.
Guy) contacted
in Florida, provided him with our customer data and
information about our operations. In June 2003,
son broke into our
Huntington Beach facility and stole all our computers. (I know this because
he attempted to break into my house the same day but I saw him, called
police, but he escaped.) In December 2003, we discovered a Trojan horse
program had infiltrated our network and we suspect that data was transmitted
which allowed him to (among other things) retrieve our phone system
to
unabashedly returned phone calls to our customers who had
messages!
left messages, took their orders and provided them with counterfeited
products. (See how I snuck in the drama even after I said I shouldn't.)
On the eve of the hearing in Federal Court charging
with contempt for
permanent injunction, Kevin Thomas contacted me by
violating that
efforts to
and
phone and promised to stop funding Mr.
bankrupt us if I would reimburse him for the $25,000.00 he had already
for that effort. At the hearing,
council filed an
fronted to
affidavit from Kevin Thomas which alleged a completely different
conversation, including false accusations that I had contacted Thomas and
life etc. (Fortunately, the judge
buy into it.)
threatened
We return to Federal Court in December and I hope
will be sentenced to
violations of the
order at that
Federal prison for his
time .
NutriCology® , Inc.,30806 Santana St.,Hayward,CA 94544 Phone:800-545-9960/510-487-8526 Fax:510-487-8682
www.nutricology.com
EXHIBIT I2
Page 2 of 2
Supplemental Exhibit 6 - Vibrant Health
EXHIBIT
1 of 2
1 of 7
Supplemental Nutrition for Optimum Health
I don't expect Vibrant
become involved in this matter. I sure
wouldn't if I were you because like the rest of us, you have your own
problems. However, we are certainly not happy with Kevin Thomas's role in
illegal scheme and therefore perhaps you should ask yourself about
the switch from Green Kamut's Long Beach facility over to Vitarich's Florida
facility. How were you approached, or were you approached?
I understand
that Vitarich's facility is impressive. At least one of my favorite former
certain
is capable
employees, Bill Boettcher, works there, and
of providing you with the services you need. However, if you decide to
change manufacturing facilities back to the west coast, we hope that you
would consider using
in Green
again.
We have
recently finished production on a large batch packed in
fiber drums.
As an incentive to restore our business relationship, I had intended to
offer Vibrant Health a
FOB Long Beach price. However, given the
additional costs associated with shipping to Florida and the circumstances
surrounding the disappearance of our computers, customer lists etc., perhaps
we will stand aside until such time as Vibrant Health changes contract
manufacturing facilities, if ever.
Page 1 of 1
You can buy any green food, or you can buy the best, and it w
cost you any more. Try my Green Vibrance and take a major
toward optimum health.
As you can imagine, the months following the aforementioned attacks were
devastating my time was largely consumed by restoring business processes and
fighting the perpetrators in Federal court. Consequently, I never had the
time or opportunity to respond to
libelous
(except for my
brief phone call.) I should have provided you with more information about
and our manufacturing capabilities immediately; but have not
been able until now:
Home
About
Vibrant Health
Get Smart About
Health & Nutrition
Testimonials
The truth is that
is sprouted using certified organic seeds,
dried and finished manufactured using GMP facilities located close by in
Long Beach, California. See http://www.botanicals.com. Our facility in
Huntington Beach is used for shipping and repackaging purposes only and we
are licensed and inspected by the California Department of Health Services
Food and Drug Branch as well as the
As you may be aware,
is the primary ingredient in our own successful line of
dietary supplements including Cell Guard.
is designed to
increase Super oxide Dismutase and Catalase endogenously. For many years,
we were at a loss to explain the exact mechanism behind
ability to increase SOD and Catalase levels endogenously. The only thing we
knew for certain (through our blood studies) was that supplementing with
would result in anywhere from a 20% to a
increase in
erythrocyte Super oside Dismutase and Catalase activity
Historically we
have referred to
as an SOD precursor; however, very recent
works published in the Journal of Free Radical Biology and Medicine (April
works by acting as an genetic signaling
2004) suggest that
molecule, specifically acting on the so-called
gene which
to
be responsible for controlling the level of inter-cellular SOD and Catalase.
If you are interested in learning more about the mysterious SOD signaling
molecules, I would be happy to provide you with the research studies. If
you would like a sample of our latest batch for manufacturing, or if you
have any other questions about the aforementioned, please do not hesitate to
at Robert [email protected] or telephone at
contact me by
800-788-1084 or fax 800-788-1083.
Links
In summary, it was an honor to have served you. Hopefully, the future will
provide us with an opportunity to serve you again.
Life Preserver
Multi Antioxidant
Retail Stores
Gigartina
Red Marine Algae
Hi, I'm Mark Timon, clinical nutritionist and
formulator for Vibrant Health. I'd like to tell you
something about Green Vibrance and the way we
make products here.
Green Vibrance came into being back in 1992. It
was the first green superfood to appear in health and
natural food stores. Since then, our concept of a
green superfood has been imitated many times by
other companies, but no one has ever dared to match
our respect for you and our devotion to your wellbeing. That is evident in the formulation of Green
Vibrance.
RMA Ointment
Hypo
Glycemic Vibrance
Type 2
Glycemic Vibrance
Sweet Vibes
Natural Sweetener
Hormonal Vibrance
Cholesterol
Blocker
Curcuminoids 95+
Maximized
Curcuminoids 1000
Oryza Oil
Tocotrienols
Sincerely,
What do I mean by this? I mean that I won't cut
corners, that we use the best, most organic
ingredients we can find, that my formulas are based
on solid nutritional science, that my products deliver
effective potencies, and that you will always know
what you are getting. Every Vibrant Health product
carries full-disclosure labeling, which I pioneered in
1976.
We demonstrate our concern for you by superior
formulation and ongoing diligence. For instance,
Green Vibrance has undergone five formula updates since its inception - and I
there will be more. Each update has taken advantage of the appearance of new n
materials that could be used to strengthen the four foundations of health targete
Green Vibrance: Nutrition, Digestion, Circulation and Immunity. As a result, Gr
Vibrance is a great way to effectively support all body systems.
I'd love you to try Green Vibrance. Click here to find a retailer near you, or clic
order online. Chances are a retailer may have somewhat better prices, plus you
to someone knowledgeable about health and nutrition. If there is no retailer near
please order online and we will ship promptly. Your satisfaction is assured.
Great Vibes Meal
Replacement Bar
Robert Kavanaugh
President
Biotec Foods
a division of Agrigenic Food Corporation
Green Vibrance
Thanks for listening,
Hydrilla Verticillata
First Defense
EXHIBIT
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EXHIBIT
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4/14/2005
Naples Daily News: Business
PAYMENT METHOD
CARRIER SHIPPING PRIORITY
SHIPPING TRAC...
UNPAID BALANCE GRAND TOTAL
INVOICE DATE
NET 30
NET 30
h
U.P.S.
GroundTrac
NET 30
U.P.S.
GroundTrac
4173 0700
0
$855.00
3/9/1998
3163
NET 30
U.P.S.
GroundTrac
1Z 322 22W 03
0
$1312.50
5/26/1998
3758
Homegrown company keeps growing
U.P.S.
GroundTrac
Vitarich Laboratories has seen explosive growth since 1992, when a Naples man started
the business out of his home
NET 30
1Z 322 22W 03
0
1Z 322 22W 03
0
1Z 322 22W 03
0
0
$855.00
$1365.00
4/28/1997
1495
$183.75
9/2/1997
1941
$1182.00
9/12/1997
1987
1/5/1998
2657
U.P.S.
GroundTrac
1Z 322 22W 03
1Z 322 22W 03
0
0
$202 50
$1312.50
7/15/1998
10/9/1998
4090
4711
NET 30
U.P.S.
GroundTrac
1Z2222W0341
0
$1627.50
3/16/1999
5650
NET 30
U.P.S.
GroundTrac
1Z32222W034
0
$1627.50
7/12/1999
6654
NET 10- DAYS
U.P.S.
Ground
1Z32222W034
NET 10- DAYS
U.P.S.
Ground
1Z32222W034
NET 10- DAYS
U.P.S.
Ground
1Z32222W034
NET 30
U.P.S.
Ground
NET 30
U.P.S.
NET 30
U.P.S.
NET 30
NET 30
NET 30
NET 30
Naples Daily News
To print this page, select File then Print from your browser
URL: http://www.naplesnews.com/npdn/business/article/0,2071,NPDN_14901_3211529,00.html
By LAURA LAYDEN, [email protected]
September 27, 2004
0
$1627.50
12/20/1999
7450
At 20, Kevin Thomas didn't have much.
0
$1627.50
12/20/1999
7450
He didn't have a college degree. He didn't even have a car.
0
$1575.00
11/6/2000
8767
0
$1312.50
3/21/2001
9289
1Z32222W034
0
$525.00
5/24/2001
9564
Ground
1Z32222W034
0
$1875.00
7/3/2001
9697
Ground
1Z32222W034
0
$1500.00
9/27/2001
9928
U.P.S.
Ground
1Z32222W034
0
$300.00
11/13/2001
10043
U.P.S.
Ground
1Z32222W034
0
$1950.00
1/8/2002
10184
NET 30
U.P.S.
Ground
1Z32222W034
0
$2700.00
5/6/2002
10542
NET 30
U.P.S.
Ground
1Z32222W034
0
$2250.00
8/12/2002
10825
NET 30
U.P.S.
Ground
1Z32222W034
0
$1500.00
11/5/2002
11099
NET 30
Biotec
D li
0
$3150.00
1/20/2003
11377
NET 30
Page 1 of 3
ORDER I
Comm/Frieg Ground
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http://www.greenvibrance.com/
Elaine Skylar / Staff
Workers inspect blister
packs of sublingual B12,
a supplement that can
be dissolved under the
tongue, within the
packaging department
of Vitarich Laboratories,
Inc. on Arnold Avenue in
Naples on Tuesday.
But he was ready for the big world of business and ready to make his first million. So he borrowed his grandfather's bicycle
and pedaled down ritzy Gordon Drive in Naples. He thought: Where better to find out how to become a millionaire than on a street filled with them?
He stopped at one of the largest, most exotic mansions. Sitting on 5 acres, it had two homes, one pagoda-inspired and the other with a 1960s art deco
design. The estate was owned by Jim Fahey, a highly successful businessman and entrepreneur. The property included a 360,000-gallon pool. Llamas,
geese and goats roamed the estate.
When Thomas caught a glimpse of Fahey and his giant mustache in the front yard, he asked: "How did you get all this stuff?"
The two chatted for a while. Then Fahey invited Thomas to come back the next day, saying he should report to work by 4 a.m. because "that's when
millionaires start their day." Thomas arrived at 3:59 a.m., wearing a business suit.
The rest is history, as Thomas likes to say. Thomas soon moved into Fahey's guest house and became a salesman for Biotec, a pioneer in the
development of nutraceuticals, including dietary supplements. "He bought me a motor home and gave me a big map," Thomas said. "I was on the road
for two years, visiting health food stores."
With Thomas as Biotec's first salesman, annual sales grew by 90 percent to nearly $100 million, he says.
More than two decades later, Thomas, 44, sits at the top of his own multimillion-dollar nutraceutical business. He owns Vitarich Laboratories in
Naples, which earned revenues of about $17 million in the past year.
The company has seen explosive growth since 1992, when Thomas started it out of his home.
Vitarich develops, researches and manufactures everything from chewable B-12 capsules to vitamin-packed powders such as Green Vibrance, which is
designed to boost the immune system.
The local company recently became public through a merger with Maryland-based Argan Inc. so it can continue its growth. "The growth is ahead of us,
not behind us," Thomas said.
Big business
Vitarich has become a major player in the global, $150 billion nutritional industry.
It has more than 100 companies as clients and its distribution channels include health food stores, mail-order companies and television-based retailers
such as the Home Shopping Network.
One of the most popular products that it manufactures is Greens+, an award-winning, vitamin-packed "green drink."
The company is always looking to create new products. Formulators are now working on a "healthy" beer, which is based on an Egyptian recipe that's
more than 4,000 years old. Vitarich doesn't have its own retail brand name. Instead it manufactures everything under private labels for other
companies.
"Every time we invent something for one of our customers, it moves into the top 5 percent of their sales category," Thomas said.
Vitarich has its own researchers and scientists to create new products in its lab. Microbiologists, chemists and formulators work busily in crisp white
lab coats and hair nets.
Ideas for new products come from inside the company and from the outside at the request of Vitarich's customers. There are 12 doctors on the
company's advisory board, who help direct research and development.
Vitarich's growth is tied to the growth in the nutritional industry.
"The industry is growing due to many factors," said Gerry David, Vitarich's president and chief operating officer. "But one major factor is that the baby
boomers are spending more money to look and feel better. And then you have the follow-on group, which are the children of the baby boomers. I guess
you can call them the echo boomers."
He said these "echo boomers" are more educated and knowledgeable about preventive health and they are taking dietary supplements to make sure they
get the proper nutrition.
In 2000, Vitarich earned $7 million in revenue. Its annual revenues have more than doubled since then and the work force continues to grow.
"We've hired probably over the last year maybe 20 or so employees," David said. "But we have a very, very low turnover rate at our company. And
many of our employees have been here for years."
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A small start
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Vitarich got its start in Thomas' Naples condominium in September 1992. As the demand for space grew, he moved the business from a small bedroom
to the garage.
"We feel the outlook for the industry is very, very stable right now," Bosselman said. "There's a very strong appetite out there by the public for these
products."
In May 1993, Thomas relocated the company again, this time to a 800-square-foot building on Bayshore Drive in East Naples. At that time, he had two
employees.
Today, Vitarich employs 85 people, most of them Latinos.
He said Argan is looking to acquire other nutraceutical companies that are "below the radar screen," with annual revenues of less than $20 million.
Bosselman has been in talks with three other companies that are similar to Vitarich. But he doesn't see merging them with Vitarich. He said they could
work cooperatively to reduce costs by combining purchases for employee benefits, raw materials and other goods. He said the profit margins for
nutraceutical companies are much larger than for most other manufacturers.
Vitarich is headquartered at the Arnold Industrial Park behind the Tamiami Ford dealership off Airport-Pulling Road. The business has spread into five
buildings along Arnold Avenue. The company occupies 47,000 square feet, but it needs more.
"It's a very interesting business to us," Bosselman said. Argan has pumped new money into Vitarich that will allow it to expand. But Bosselman won't
say how much.
Thomas is searching for a 60,000- to 80,000-square-foot building that can serve as Vitarich's new home. "We're desperately looking for one location,"
he said.
As a public company, Vitarich now offers stock options to its employees. New employees must be with the company for at least a year to get them.
Thomas said his company can now grow by "quantum leaps," instead of grinding it out.
In the next three to five years, Vitarich expects to more than double its work force to meet the growing demand for its products and services.
Fate or fortune
Thomas recalls his fateful meeting with Fahey more than two decades ago like it was yesterday.
Thomas hopes to keep the company in Naples, but says he may be forced to move to Lee County, where there are more options for a larger
headquarters.
The gate to Fahey's home just happened to be open when Thomas pedaled by on his grandfather's bicycle.
"We'd like to stay in Naples, but we can't find anything anywhere," he said.
Fahey was an executive at Norwich Pharmaceuticals and owned three companies: Biotec Foods, Biotec Labs, and Biovet, all pioneer nutraceutical
companies. He had recently purchased the mansion in Naples when Thomas stopped by to ask how he'd made his millions.
The Economic Development Council of Collier County, whose mission is to attract and keep high-wage jobs in targeted industries, is working with
Vitarich to keep its headquarters in Collier County. Manufacturing is one of the EDC's targeted industries.
When Fahey invited Thomas back to his house the next day to work, Thomas wasn't sure what to expect. He was told to bring a "suit." Unsure what
Fahey meant, Thomas wore a business suit and tucked his swim suit under his arm.
"It's definitely one of those poster childs for us that we can use to demonstrate to other companies how successful you can be here in Collier County,"
said Tammie Nemecek, the EDC's executive director. "Their technology is right on the cutting edge. They are growing."
The EDC has helped coordinate training programs for Vitarich.
When he arrived, Thomas was told to go clean the algae pond, wearing "whichever suit he preferred." Thomas said his passion for growing and
processing "green foods" was born soon after meeting Fahey.
It can also offer Vitarich fast-track permitting if the company can find a suitable location in Collier County. Vitarich is looking for 3.5 acres.
Thomas has tried other ventures and started other companies in his quest to become a millionaire.
Growing greens
At 24, he created a Naples Millionaire game, a localized version of Monopoly. Each spot on the game board was sold to advertisers such as Pippin's,
Hodges Funeral Chapel and Robert of Philadelphia hair design.
Vitarich has its own 2,500-acre farm, where it grows the greens that are found in many of its finished products.
He's help found several other local companies, including two interior design firms. His former wife was an interior designer.
The farm is partly in northern Florida and partly in Bainbridge, Ga.
Thomas was raised in Birmingham, Mich. He came to Naples in 1972 at the urging of his grandfather, Ed Porter, who retired here after working in the
automotive industry.
Vitarich grows such health foods as barley, wheat, alfalfa and hydrilla. Vitarich also imports ingredients from all over the world.
"I just moved down here," he said. "I didn't know why. My grandfather was my mentor and he told me to do it."
"We buy a lot of stuff from Russia," Thomas said. "We buy from China, Brazil, Argentina, France, Germany, England, and, of course, the United
States."
Thomas is glad he listened.
Every product that comes in from the outside is checked over to make sure it's what the label says. The company uses state-of-the-art computer
technology to review every ingredient.
Copyright 2004, Naples Daily News. All Rights Reserved.
"If there's anything wrong with it, we put it in prison," said Thomas, pointing to a quarantine area behind bars in a company warehouse.
And if there's something wrong, the product goes back to the sender, he added.
Computers can develop a fingerprint for a product so that it can be quickly verified each time.
Some supplements have 35 or more ingredients. Each is tested and validated.
"It's like Thanksgiving Day," Thomas said. "Everything has to be hot and fresh on the 24th."
Earlier this month, Vitarich earned Good Manufacturing Practices certification from the National Nutritional Foods Association, with an "A" rating.
That positions the company well for the future as the federal government is poised to increase regulations on the manufacturing of dietary supplements,
Thomas says.
Vitarich is one of only 50 in North America to achieve certification from NNFA.
The company has poured millions of dollars into its manufacturing equipment.
One of its machines can spit out 90,000 capsules in an hour. Another presses tablets into foil cards at the rate of 650,000 cards a month. Each card has
10 tablets.
There are high-tech machines that suck oxygen out of bottles to make sure ingredients stay fresh after packaging. Giant blenders, nearly as tall as the
ceiling, work almost nonstop during the day, mixing ingredients together in preparation for packaging. "Very few vitamin companies invest in this kind
of equipment," Thomas said. "Pharmaceutical companies do."
Going public
On Sept. 10, Vitarich announced its merger with Argan Inc., a move that took the company public.
Vitarich now operates as a wholly owned subsidiary of Argan based in Rockville, Md. Argan trades under the symbol AGAX on the Over-the-Counter
Bulletin Board. Argan's only other investment is in Southern Maryland Cable Inc., a telecommunications company it acquired in July 2003. Argan's
stock trades in the $6 range.
Rainer Bosselmann, Argan's chairman, president and chief executive officer, is bullish on Vitarich. He said the industry one day will be regulated by
the Food and Drug Administration and that Vitarich will become even more valuable because it already has such high standards for quality. One of
those standards is that any product that's more than 6 months old is thrown out.
Bosselmann said he's impressed with Vitarich's revenue growth. He calls the company a "first-class operation" and says he sees the opportunity for a
lot more.
EXHIBIT
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2 of 3
Welcome to NNFA - Products and Services Science and Quality Assurance
EXHIBIT
10/7/2004
Page 1 of 3
7 of 7
3 of 3
10/7/2004
Page 2 of 3
IL
Merical VitaPak, Anaheim CA
Metabolic Maintenance Products Inc, Sisters OR
Go E
Metagenics, Inc, San Clemente CA
NutraMed Inc., Chino CA
NNFA GMP Certified Companies
As of 2/2/05
Science an
Assurance
GMP
NutriSport Pharmacal Inc., Franklin NJ
Nutrition Now Inc, Vancouver WA
Anabolic Laboratories, Inc., Irvine, CA
TruLa
Progr
Natrol Inc, Chatsworth CA
Arizona Nutritional Supplements, Chandler AZ
Back
Nature's Products, Sunrise FL
Best Formulations Inc, City of Industry CA
Guida
Docu
Nature's Value, Bayshore NY
Nature's Way, Springfield UT
BIOSINT USA, Larchmont NY
Botanical Laboratories, Ferndale WA
Naturestar Bio-Tech Inc., Ontario CA
Capsugel Americas, Greenwood SC
NBTY Inc, Bohemia NY
Captek Softgel Intl Inc, Cerritos CA
NHK Laboratories, Santa Fe Springs CA
Cardinal Nutrition Inc, Vancouver WA
Now Foods, Bloomingdale IL
The Chemins Corporation, Colorado Srings CO
Nutri Granulations, La Mirada CA
Country Life, Hauppauge NY
Nutrition Formulators, Hialeah FL
Earthrise Nutritionals, Calipatria CA
Paragon Laboratories, Torrance CA
FoodScience Corporation, Essex Junction, VT
Pharmline Inc., Florida NY
Garden State Nutritionals, West Caldwell NJ
Royal Elk Products Ltd, Sangudo Alberta Canada
Gel Cell, Windsor Ontario Canada
Soft Gel Technology/Optipure, Los Angeles CA
Great American Health Products, Fargo ND
Specialty Enzymes, Chino CA
Highland Laboratories, Inc., Mt. Angel, OR
Swanson Health Products, Fargo ND
Innovative Natural Products, Escondido CA
WePackItAll - Tint Corporation, Irwindale CA
J and D Laboratories Inc, Vista CA
Tishcon Corporation, Westbury NY
J.R. Carlson Laboratories Inc., Arlington Heights
http://www.nnfa.org/services/science/GMP_Cos.htm
Trace Minerals Research, Ogden, UT
1 of 5
4/17/2005
2 of 5
4/17/2005
Page 3 of 3
Valentine Enterprise, Inc., Lawrenceville, GA
Press Release
VitaCeutical Labs, Irvine, CA
Vital Nutrients, Middletown CT
For Immediate Release:
September 16, 2004
Contact:
Kay K. Fitzpatrick
(239) 430-2266
[email protected]
Vitamer Labs, Irvine CA
VitaRich Laboratories, Inc., Naples FL
VitaTech, Tustin CA
ARGAN ANNOUNCES VITARICH AWARDED
GOOD MANUFACTURING PRACTICES CERTIFICATION
Company Receives “A” Rating from NNFA
Wakunaga of America Co, Ltd., Mission Viejo CA
Weider Nutrition Intl, Salt Lake City UT
R ockville MD Argan Inc OTC BB; BSE: AGAXOB; AGX announces today
that Vitarich Laboratories Inc has been awarded an A compliance rating from the
Members Only | Join NNFA | Annual Trade Show | About NNFA
Products and Services | Media and News | Calendar and Events
Facts and Stats | Contact Us | Search | Home | Site Index
National Nutritional Foods Association NNFA Good Manufacturing Practices GMP
thirdparty certification program Vitarich is one of only approximately companies
in North America to achieve the certification
© 2001, National Nutritional Foods Association. Copyrights and legal disclaimers
Contact Webmaster for comments about this website.
Vitarich is one of a select group of companies that comply with the GMP
requirements and it is well positioned to meet any federal GMP standards that may be
required of our industry in the future says Rainer Bosselmann Chairman and Chief
Executive Officer of Argan He added Our receipt of this GMP Certification assures
our customers of our financial and managerial commitment to the highest quality
standards and makes Vitarich an attractive source for nutritional companies looking
for quality manufacturing partners
The NNFA GMP Certification Program is designed to verify the compliance of its
member suppliers of dietary supplements with a standardized set of GMPs developed
by the NNFA that comply with or exceed the proposed FDA GMP regulations for
dietary supplements The examination is based on thirdparty inspection and
comprehensive audits in the areas of quality operations manufacturing and process
controls equipment and sanitation plant and grounds personnel and warehouse
distribution and postdistribution practices
The NNFA is the nations largest and oldest nonprofit organization dedicated to
the natural products industry with over members and has implemented the
GMP program to self govern the industry
more
V ita rich Receives A Rated GMP Com p liance Certification p Vitarich Laboratories a wholly owned subsidiary of Argan located in Naples FL is
a farmtomarket vertically integrated contract private label manufacturer of
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4/17/2005
Vaxa BioTrac Test Kit
premium nutraceutical products that include nutritional and wholefood dietary
supplements and other personal healthcare products
For more information on Argan go to wwwarganinccom and to
wwwvitarichlabscom for more information on Vitarich Laboratories
This press release contains certainforward looking statements within the meaning of Section
A of the Securities Act of as amended and Section E of the Securities Exchange act of
as amended Although the Company believes the assumptions underlying the forwardlooking
statements contained herein including the development plans of the Company are reasonable any
of the assumptions could be inaccurate and therefore there can be no assurance that the forward
looking statements contained in the press release will prove to be accurate In light of significant
uncertainties inherent in the forwardlooking statements included herein the inclusion of such
information should not be regarded as a representation by the Company or any other person that
the objectives and plans of the Company will be achieved
End
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Växa’s powerful new test has taken the guesswork out of supplementation. Växa's BioTrac
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Determine mineral deficiencies
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Expose dangerous heavy metal toxins
Identify nutritional organ functionality and integrity, based on the excess or lack of select
key elements
Provide a custom "Roadmap" to better supplementation
Give you the peace of mind you deserve when purchasing supplements
What you don't know could be killing you...
Many future health problems that we could face might be avoidable if we had information
about what is going on in our body and what nutrients we are lacking. The Wellness
Industry will explode to One Trillion dollars in sales by 2010, according to many experts.
With this explosion, Americans will be spending more than ever on nutritional support
products. At the same time, many of these individuals will not ever know if what they are
taking is beneficial to them or not. With Växa BioTrac Analysis, we are able to determine
deficiencies and excesses of over 70 elements (minerals), evaluate one's pH, and
determine if your body is harboring any dangerous, heavy metal toxins. In addition, BioTrac
Analysis is also able to determine organ functioning integrity based on excess or the lack of
select key elements. Based on your urine evaluation, you are able to isolate what
supplementation may be beneficial for your individual needs.
How is your health?
According to the Mayo Clinic, the human life span can be as long as 120 years. However,
most people born today can only expect to live to be 76. Many people believe that your
lifespan is determined by your genetics. But genetics only play a very small role in the
overall picture. We now understand better than ever the role that nutritional
supplementation and lifestyle play in obtaining and maintaining true 'wholeness of health'. In
our effort to feel better and live longer, we take vitamins and other supplementation, which
http://www.gotsupplements.com/gs/800.htm (1 of 2)4/29/2005 11:43:13 AM
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we may not need. Until now, there has never been any way of really knowing what our body
was deficient in or what specific systems needed attention. Växa's BioTrac Analysis takes
the guesswork out of the "supplementation puzzle".
Proven Results...New Technology!
BioTrac Analysis is conducted utilizing the Perkin Elmer Optical Emissions Spectrometer
Analytical System. This is the same system utilized by laboratories, hospitals, and the CDC
(Center for Disease Control) for years to meet their testing needs. While Växa utilizes the
same technology as these laboratories, we also incorporate customized analytical software
to test a broader spectrum of components allowing us to provide a detailed picture of
various health concerns that could be affecting you.
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All testing is conducted in a clinical laboratory and is overseen by Dr. Philippe Moser. Dr.
Moser received his doctorate from the University of Montpellier and is a trained Homeopath,
Herbologist, and Micro-Nutritionalist. Moser has utilized this technology in Europe to help
over 22,000 individuals know and understand their particular health concerns.
ALL THINGS CONSIDERED (NPR), MARCH 23, 1998
Copyright 1998 National Public Radio (R)
All Rights Reserved
NPR
This technology, utilized by hospitals and labs across America and worldwide, is now
available to you in a more complete format. In addition, Växa has made this test affordable
so that anyone concerned with their nutritional health can be armed with the knowledge that
only BioTrac Analysis can offer!
Now it is your turn to know...
You know the old saying "knowledge is power". Get the knowledge you deserve with Växa's
BioTrac Analysis. Supplementation of nutritional products is not sufficient in creating optimal
health, but rather, proper supplementation based on the evaluation of one's needs. Order
your test today!
SHOW: ALL THINGS CONSIDERED (NPR 8:00 pm ET)
MARCH 23, 1998, MONDAY9:45 pm ET
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SECTION: News; Domestic
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LENGTH: 1156 words
HEADLINE: Natural Products Expo
BYLINE: Chris Arnold, Anaheim; Linda Wertheimer, Washington, DC
HIGHLIGHT:
NPR's Chris Arnold reports on the annual "Natural Product Expo," held in Anaheim,
California this year. Entrepreneurs from around the country offered a surprising
array of products, from soy- milk based whipped cream to candles made without any
animal fats.
BODY:
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY
BE UPDATED.
NOAH ADAMS, HOST: America's tastes change. There was a time when organic or
natural products were as commonplace as the garden outside your kitchen window.
To eat something canned was to eat something you put up yourself, or perhaps
something given to you by a neighbor.
A World War changed that, and for many years, cans were the source of much of
what we ate. The somewhat perverse that home-baked bread was somehow low
class even crept into the popular culture.
But in the past decade, organic and natural products have left their exile on the
shelves of heath food stores and made it back into the local grocery. Sales of organic
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foods now total some $12 billion a year.
For soy milk maker Glen Fuller (ph), his passion was dairy products.
NPR's Chris Arnold attended this year's Natural Products Expo, and reports on a
booming business.
GLEN FULLER, CEO, SOBEX FOODS: Oh yes. Yes, I love anything -- anything that's
ever been close to a cow I love.
SOUNDBITE OF A CROWD IN CONVENTION CENTER
CHRIS ARNOLD, NPR REPORTER: This year's expo drew thousands of people into the
Anaheim Convention Center. In all, about 1,900 booths are set up here, and
snacking your way through the crowd gives you a strange, if healthy combination of
food in your stomach.
There's black bean burgers, organic figs smeared with honey, alarmingly green
vegetable and herb drinks, and medicinal teas. Behind many of these products are
entrepreneurs, hoping their idea of healthy will catch on in this rapidly growing
industry.
ARNOLD: Fuller grew up on a dairy farm and says he would eat whipped cream right
out of a bowl with a spoon, but then he became lactose intolerant.
FULLER: Whipped cream is still one of my favorite desserts. The problem is that my
body doesn't agree with it. So in the process of trying to find a solution for my
dilemma of loving dairy, I went through all the alternatives that were available in the
marketplace and none of them tasted like dairy.
ARNOLD: So, he developed his own product. Today, Fuller is CEO of Sobex Foods,
which sells a line of tofu-based dairy products.
LYNETTE RICHARDS (PH), CANDLEWORKS (PH): These are done with all-vegetable
waxes and also with blends of essential oils. And we've worked really hard to have it
be a formula...
But while vegetable candles and tofu are the kind friendly vegetarian products you
might expect to see at the Natural Products Expo, some others seem more interested
in profits than health.
ARNOLD: Lynette Richards and her husband Michael of Iowa City own and run
Candleworks.
SOUNDBITE OF A CROWD OF SALESWOMEN
SIERRA LEGNER (PH), SUPPLEMENT SALESWOMAN, VAXA INTERNATIONAL: Are you
familiar with iviculation (ph) or olkelation (ph)? It's a detoxification of the
cardiovascular system.
MICHAEL RICHARDS, CANDLEWORKS, FORMER SOCIAL SERVICES AGENCY
DIRECTOR: We manufacture an all-vegetable wax candle.
ARNOLD: And what's the advantage of an all-vegetable wax candle?
MICHAEL RICHARDS: Well for people who prefer vegetarian food, most candles are
made with animal fats and petroleum. So, it's a bit inconsistent to have your tofu
and other natural ingredients on the table and then light up your animal-fat candle.
ARNOLD: The Richards have some competitors here with similar candles. But one
thing some retailers browsing the aisles say they look for in a product is social
responsibility. And on that score, the Richards have just about everyone beat.
Michael Richards was formerly the director of a social services agency, and every
employee they hire is either previously homeless or is suffering from a mental or
physical disability. And that seems to have helped this business stand out and rapidly
increase revenues.
MICHAEL RICHARDS: Right now, last year was $800,000 per year, and for 1998, it
looks like $1.2 million. And which is interesting because we started in an abandoned
building with no electricity, no running water, and it looked more like a Peace Corps
project than a business in the United States.
And we boot-strapped it all the way up to a full manufacturing facility.
ARNOLD: Richards and his wife are employing 30 disadvantaged people in this forprofit business. They plan to soon hire 20 more. As you walk around here, you begin
to realize many of the inventors in these booths have had some experience or
passion that's led them here.
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ARNOLD: Sierra Legner and several other saleswomen are standing the midst of the
trade show's supplement pavilion. At many of the booths here, tan male and female
bodybuilders espouse the health benefits of a variety of pills and powders.
Legner works for Vaxa International, which makes homeopathic nutriseuticals. She
claims this one will reverse the hardening of blood vessels in your heart.
LEGNER: We actually have a sample in here of our "Buffer pH," which is our acidic
neutralizer. But not only that, it goes in and it loosens the plaque on your arterial
walls. And then our other product goes in and basically rotor-rooters that plaque
right out. So, it's a very effective product.
ARNOLD: Except it doesn't work. A cardiac specialist from Stanford University we
spoke with says these claims sound completely bogus and maybe illegal. Alternative
medicine companies, though, are a big part of the natural products industry.
Some just peddle placebos and prey on people's fears, but experts say many others
do offer effective products. And even if some of this stuff is dubious, some say the
pill companies have helped the broader industries survive.
Jay Hymen (ph) is with Worthington (ph) Foods, a maker of vegetarian alternatives
to meat. He says the small independent stores that buy his products often stay in
business by selling these pills or supplements, because the profit margins are so
phenomenally high.
JAY HYMEN, WORTHINGTON FOODS: The stores make their money off the
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California Business Search
supplements. So I'm happy they're here. I -- I, you know, each day say a prayer for
their continued health and existence.
ARNOLD: The natural product sector as a whole promises to have a healthy future.
Attendance at the expo is up 15 percent this year. Especially hot right now is the $4
billion organic food market, which analysts say is growing at 20 percent annually.
DISCLAIMER: The information displayed here is current as of APR 22, 2005 and is updated weekly. It is not a
complete or certified record of the Corporation.
Chris Arnold, NPR News, Anaheim, California.
Corporation
VAXA INTERNATIONAL INC.
No quotes from the materials contained herein may be used in any media without
attribution to National Public Radio, Inc. This transcript may not be be reproduced in
whole or in part without prior written permission. For further information please
contact NPR's Office of the General Counsel at (202) 414-2040.
Number: C1842634
Date Filed: 5/6/1993
Status: surrender
Jurisdiction: ARIZONA
LOAD-DATE: March 23, 1998
Address
9909 HUENNEKENS STREET
SAN DIEGO, CA 92121
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"The Nutritional Supplement Journey"
When you walk into a health food store or when looking at multiple pages
of Internet links regarding Nutritional Supplements, it can become
overwhelming. Where do you start? How do you know that the products
on the shelf, and on the World Wide Web are of the highest quality and
purity to ensure safety and effectiveness? Only to confuse you even
more, the mass media often plants seeds of doubt on Nutritional
Supplements, including Vitamins E and C, which are scientifically
documented to have positive benefits towards the prevention of chronic
disease. Our goal has always been to educate our customers on all
aspects of the nutritional industry in order to help you make informed proactive decisions
regarding healthy choices.
Part II - How To Choose Quality Nutritional Products
Understanding Synthetic Versus Natural Vitamins/Minerals
Menopause
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Multi-Mineral/Vitamin
Neurological Dysfunctions
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How To Choose Digestive Enzymes
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When buying digestive enzymes be sure to choose a brand that contains all of the major groups
of enzymes such as amylase, protease, and lipase. Also, if supplementing with superoxide
dismutase (SOD), it is important to be sure that the product is enteric coated (coated with
protective substances) for better absorption.
Parasitic Infection
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Växa's pharmaceutical-grade ProTec+, containing specific, free-form amino acids and 18
essential amino acids, is the most advanced free form amino acid supplement available.
Weight Loss
Here is a list of quality measures to look for:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Buy a broad spectrum supplement, containing a synergistic blend of ingredients.
Are the ingredients pure and bioavailable?
Note the shelf life of the product.
When purchasing vitamins make sure the container is opaque (avoiding sunlight) and
kept in a cool dry place.
Make sure the manufacturing lab meets Good Manufacturing Practices (GMP) standards.
Watch out for inactive ingredients like unnecessary fillers and binders.
Make sure the product is certified laboratory tested, pharmaceutical grade.
Choose natural ingredients over synthetic.
Exercise caution when taking excessive amounts of any single ingredient.
If you are taking pharmaceutical medications be sure to check with a knowledgeable
pharmacist or your doctor before taking any supplementation.
Pet Health
Supplementing with digestive enzymes aids the body in obtaining all of the nutritional value from
the foods you eat. Växa's Homeopathic Medicinal Digestin contains all of the major groups of
enzymes Amylase (including Lactase, Maltase, and Sucrase), Protease, Lipase, Cellulase,
and more.
How To Choose Amino Acids
There are very specific criteria to look for when choosing amino acids. The first criteria to consider
http://www.vaxa.com/healthtip/040105.cfm (1 of 3)4/29/2005 4:06:45 PM
Växa's Products Are Complete Synergistic Blends
Calcium - Free!
Vitamin B12 - Free!
Vitamin C - Free!
Vitamin E - Free!
Multi-Vitamin - Free!
Växa International, a member of the National Nutritional Food Association (NNFA), has made the
Nutraceutical industry what it is today, not just in the United States, but also worldwide through its
advancements in phytomedicinal combinations and biosystem. Since the late 1980's, our
successful pioneering efforts in the use of Free Form Amino Acids, DHEA, Alpha Hydroxy Acids,
Melatonin, Glycosaminoglycans and their subsequent worldwide popularization demonstrate the
seriousness and value of our research to date.
Children's Vitamin - Free!
Corporate Info
Meet Dr. Headley
Medical Advisory Board
Weekly Health Tip
Synthetic vitamins/minerals are produced in laboratories from isolated chemicals, which are made
to be identical to those found in nature. Natural vitamins/minerals are acquired directly from food
sources. Though, some will argue that they are exactly the same, this is just not so. One
distinguishing characteristic is that natural vitamins are woven into the food along with other
nutrients (complex molecules) that have not yet been discovered. There are definite benefits in
natural supplements such as better absorption by the body, etc. Another consideration is that
synthetic vitamins/minerals may contain coal tars, artificial coloring, preservatives, sugars,
starches, and other additives.
Nutritional Drink
Pain Management
Roundworms
Get FREE Products
Immune System
Memory Support
Cardiovascular Health
Alpha Lipoic Acid - Free!
When looking at the label on the back of a dietary supplement, what are you really looking at?
The term RDA (Recommended Dietary Allowances), introduced over 40 years ago by the
National Academy of Sciences' U.S. Food and Nutrition Board (FNB), was set as a standard for
the daily amounts of vitamins needed to maintain health. Now, the new standard is called the DV
(Daily Value), which was introduced by the FDA in 1994. There are two sub categories of the DV:
the DRVs (Daily Reference Values) and the RDIs (Reference Daily Intakes). The DRVs represent
the daily references of fat, saturated fat, cholesterol, carbohydrate, protein, fiber, sodium and
potassium. The RDIs represent the daily references of essential vitamins and minerals, and
where it applies, protein.
Human Growth Hormone
Intestinal Flora
Probiotics
Reading Labels: The New RDA
Now that you have a little better understanding of what you are looking at, keep in mind that these
references only refer to the minimum vitamin/mineral requirements needed by the body to avoid
deficiency. In order to prevent chronic and degenerative diseases, higher levels than the RDI are
required. However, exercising caution is prudent.
Hormone Imbalances
Probiotics
Learning Disabilities
Complete Product List
What is Homeopathy?
Heartsmart Drink
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Source: Prescription for Nutritional Healing
Weekly Healthy Advice With Dr. Stan Headley
Mild Depression
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is, "are these amino acids free-form?" Free-form amino acids are the purest form and need no
digestion, leaving the amino acids easily absorbed into the bloodstream. The second, very
important, criteria to consider is "are these amino acids USP (U.S. Pharmacopeia)
pharmaceutical-grade?" If they are, it should state it on the label. One last consideration is this,
when taking individual amino acids (especially at high doses) neurological damage may occur, so
choose a quality amino acid complex containing both essential and non-essential amino acids. It
is also a good rule of thumb to take the product for two months, and then take a break from the
product for two months.
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At Växa, we believe in the body's ability to heal itself when given the proper nutrition and we have
developed our formulas around that logic. With our unique symptom specific, bioavailable
formulas, we offer solutions for many of life's challenges. In addition our products are natural,
nontoxic, and gentle with no unwanted side effects. They contain no artificial flavors, additives,
fillers, colors, sugars, or preservatives.
Our products are formulated and designed to remain the most potent natural health strategies
available on the market. These innovative Homeopathic medicinals offer safe, effective and
natural (not synthetic) nutritional support to everyday health concerns, with unique
neurobiochemical pinpoint accuracy.
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All of Växa's products are manufactured in one of the best labs in the country and is NNFA GMP
Certified and A rated!
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Click here for more information about Växa's entire product line.
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Caution: For any suspected or known illness or dysfunction, always consult your
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on each label.
GERD
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Regardless of your global location you can
have this unique and comprehensive health
evaluation done. Simply order your urinary
kit from our secure online order form and it
will be mailed directly to you. When you
receive it, follow the precise instructions on
the enclosed form and mail your sample
back to BioTrac Laboratories in the USA.
When you receive your confidential analysis
report, it will offer some suggestions on
addressing any imbalances and deficiencies.
Additionally, free professional online
consultation with Dr. Homer regarding your report is available here. You may
communicate directly with Dr. Homer at [email protected]
Växa’s powerful new test has taken the guesswork out of supplementation.
Växa's BioTrac Analysis provides you with the knowledge you deserve when
purchasing supplements. This new test will:
• Determine mineral deficiencies
• Evaluate one's urinary pH
• Expose dangerous heavy metal toxins
• Identify nutritional organ functionality and integrity, based on the excess or
lack of select key elements
• Provide a custom "Roadmap" to better supplementation
• Give you the peace of mind you deserve when purchasing supplements
NOTE: to continue shopping close shopping cart window
Order # 800 - BioTrac Test Kit $129.95
10 of 14
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Organ Support
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INTERNATIONAL ORDERS: Please make sure to submit your e-mail
address as your confidential BioTrac Report will be e-mailed back to you (or
your health care provider) in a PDF format.
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Prostate Health
Men's Strategy Pac
BioTrac Labs will provide you the client (or physician if specified) with a
personalized, easy to understand report outlining your specific nutritional and
metabolic imbalances. Additionally the BioTrac urine analysis will measure
over 70 bio-elements in order to assemble an accurate health profile. This will
include acceptable ranges for you and your doctor's review and action. This
analysis will also profile the functional strength of your major organs like:
Heart, Lungs, Liver, Pancreas, Gallbladder, Thyroid, Gastrointestinal System,
and more.
Women's Health
Menopause
PMS
Yeast Infections
Hormone Imbalance
Strategy Pac
Skin Care
Acne & Blemishes
Aging & Wrinkling
Skin Perfection
Sympton
Solutions
Acid Reflux
Allergies
Amino Acids
Arthritis
Attention Difficulty
Cellulite
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Cholesterol
Constipation
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Diabetes
Digestion
Digestive Enzymes
Fatigue/Low Energy
High Blood Pressure
Immune System
Intestinal Flora
Memory Support
Migraine Headaches
Neurological
Nutritional Drinks
This is a unique, accurate and very confidential health evaluation done by the
PhD. scientists at BioTrac Laboratories - 4369 Arnold Avenue, Naples. Florida,
34104. The client must indicate whether they want their confidential report
sent to their doctor, otherwise BioTrac sends it only to the client.
Once reviewed, a specific nutritional program can be implemented to assist
with any imbalances and deficiencies, toward optimizing health. If you are
having your analysis done independent of the InnerLife Wellness Center, we
strongly advise consulting with your physician about following up and
following through. (Optionally Free professional online consultation is
available with Dr. Homer )
You are provided with a small sterile, plastic covered container. The attached
form must be accurately completed and the urine sample placed into the
sealed container. It is then placed into the provided insulated, shockproof
package, then into the provided self-addressed box for mailing to Bio-Trac
Labs. the processing takes 7-10 working days in the US. Allocate a little more
time if outside the USA.
InnerLife Wellness Center, through its proud affiliation with Vaxa
International (the world's leaders in advanced dietary
nutraceuticals), are proud to be able to offer this unique and accurate
assessment for the building of better health.
What you don't know could be killing you...
Many future health problems that we could face might be avoidable if we had
information about what is going on in our body and what nutrients we are
lacking. The Wellness Industry will explode to One Trillion dollars in sales by
2010, according to many experts. With this explosion, Americans will be
spending more than ever on nutritional support products. At the same time,
many of these individuals will not ever know if what they are taking is
beneficial to them or not. With Växa BioTrac Analysis, we are able to
determine deficiencies and excesses of over 70 elements (minerals), evaluate
one's pH, and determine if your body is harboring any dangerous, heavy
metal toxins. In addition, BioTrac Analysis is also able to determine organ
functioning integrity based on excess or the lack of select key elements.
Based on your urine evaluation, you are able to isolate what supplementation
may be beneficial for your individual needs.
Pain Management
Parasitic Infection
Sleeplessness
Sleep it off
Stress/Nervousness
Thyroid Support
Tissue Repair
Vision
11 of 14
According to the Mayo Clinic, the human life span can be as long as 120
years. However, most people born today can only expect to live to be 76.
Many people believe that your lifespan is determined by your genetics. But
genetics only play a very small role in the overall picture. We now understand
better than ever the role that nutritional supplementation and lifestyle play in
obtaining and maintaining true 'wholeness of health'. In our effort to feel
better and live longer, we take vitamins and other supplementation, which we
may not need. Until now, there has never been any way of really knowing
what our body was deficient in or what specific systems needed attention.
Växa's BioTrac Analysis takes the guesswork out of the "supplementation
puzzle".
Proven Results...New Technology!
BioTrac Analysis is conducted utilizing the Perkin Elmer Optical Emissions
Spectrometer Analytical System. This is the same system utilized by
laboratories, hospitals, and the CDC (Center for Disease Control) for years to
meet their testing needs. While Växa utilizes the same technology as these
laboratories, we also incorporate customized analytical software to test a
broader spectrum of components allowing us to provide a detailed picture of
various health concerns that could be affecting you.
All testing is conducted in a clinical laboratory and is overseen by Dr. Philippe
Moser. Dr. Moser received his doctorate from the University of Montpellier
and is a trained Homeopath, Herbologist, and Micro-Nutritionalist. Moser has
utilized this technology in Europe to help over 22,000 individuals know and
understand their particular health concerns.
This technology, utilized by hospitals and labs across America and worldwide,
is now available to you in a more complete format. In addition, Växa has
made this test affordable so that anyone concerned with their nutritional
health can be armed with the knowledge that only BioTrac Analysis can offer!
Now it is your turn to know...
You know the old saying "knowledge is power". Get the knowledge you
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Caution: For any suspected or known illness or dysfunction, always consult your physician for medical diagnosis and treatment first.
Statements contained herein have not been evaluated by the Food and Drug Administration. Products mentioned herein are not intended
to diagnose, treat, cure, or prevent any disease.
Copyright © 2004 InnerLife Wellness Center. All rights reserved.
How is your health?
12 of 14
13 of 14
01_home
Oxyfresh History
Page 1 of 3
In today's society it is unusual to conduct business with a company that has been around as long as
Oxyfresh. It is estimated that 80 percent of all businesses fail within their first year. Eight percent of
those who do survive their first year, do not see year five. And, of those businesses that do last five
years, 80 percent dissolve before reaching the ten-year mark.
At Oxyfresh Worldwide, Inc., we are proud to be celebrating 17 years of success in 2001! We've built
a solid foundation—through quality products and a potentially life-changing opportunity—on which
many people have become successful Oxyfresh Distributors.
Looking Back
In late 1983, a Spokane businessman began making plans to launch a new Network Marketing
company to distribute a unique mouthrinse called Oxyfresh. The product was a powerful deodorizer,
and early users swore it had other "magical" benefits, as well. Word of the business venture began
to spread throughout Spokane, as numerous people showed up at the founder's home—where early
batches of the mouthrinse were mixed right in his kitchen—to try this new product and gather
information about the business opportunity.
Shipping rates and policies for Biotrac labs
Standard shipping orders are FREE.*
Standard Shipping (U.S.P.S.)
Shipping rates...........................FREE*
Order processing.....................2-3 Days
Shipping time..........................4-7 Days
Overall shipping time................6-10 Days
2-3 Day Shipping (U.P.S.)
Shipping rates..........................$14.90
Order processing.....................1-3 Days
Shipping time..........................2-3 Days
Overall shipping time.................3-6 Days
(Rates may change)
(*Meet our mailing requirements, ship us your order by 2/15/05 and your standard
shipping is FREE.)
By January 1984, the company was formed and local distributors began to sell the products and
build a network. Those who visited "the company in the kitchen" were actually sponsored by the
company—some forty, or so, founders.
Standard shipping:
We currently ship to street addresses (all shipping methods),
to P.O. boxes within the 50 United States (standard shipping only),
to APO/FPO U.S. Military addresses (standard shipping only) and
now to U.S. Territories. Packages sent to Military or Territorial
addresses may be delayed by standard mail handling. Packages
over twenty pounds may require additional shipping time.
International shipping rates will vary. Contact us for more
information.
Delivery times may be longer for items that require ground shipping.
Among those early founders were Roland and Virginia Fox, with partners Win and Lyn Key. These
partners loved to wander the travel-trailer routes and visit with other retirees. As they traveled to
warmer climates during the winter and spring months, they began telling people about the "magical"
mouthrinse. Their original vision was to earn $500, just enough to help defray the cost of fuel for
their motorhome.
Throughout 1984, Oxyfresh USA, Inc., as the company was called at that time, struggled to survive.
The product line consisted of the mouthrinse packaged only in dairy creamer cups (300 per box),
most of which leaked or evaporated within a few months of storage. Several times throughout that
first year, the company suspended the meager commission checks that were earned, as it couldn't
afford to pay them just yet. Despite these obstacles, Roland and Virginia Fox, the Keys and a few
others, believed in Oxyfresh and continued to build their organizations.
2-3 Day order processing:
Orders received before 5 p.m. Eastern Time Monday thought Friday
will be processed the same day. Orders received after 5 p.m. Eastern
Time will be processed the next day. Orders received after 5 p.m.
Eastern Time Friday, Saturday or on Sunday will be processed on
Monday.
Our transportation partners do not process orders on the weekend.
Therefore, if you place an order after 5 p.m. Eastern Time on Friday,
you may experience a delay with the actual shipment of your order.
In 1985, intrigued by the "magical mouthrinse" and its major market potential, the company began to
attract investors and a new management team. Soon, there were more vice presidents and policies
and procedures, it seemed, than distributors! Within 1985 alone, the company had three different
Compensation Plans, and three different Vice Presidents of Sales to promote them. 1985 was such
a chaotic time, that most distributors gave up and quit. In fact, all those who were originally
sponsored by the company quit. All except one...Roland Fox.
Weekend delivery: Orders shipped via U.P.S. (2-3 day) are delivered
Monday through Saturday only.
In early 1986, concerned with the direction the company had taken, Roland decided that Oxyfresh
needed new management. So, he hired one of his "wholesale customers"—Randy Anderson, a
successful 15-year veteran of Network Marketing—to come to Spokane to teach a One-Day School.
Roland organized the local event so that the company's management and owners would attend.
Within days of Randy's dazzling performance, the owners of Oxyfresh, with Roland's constant
prodding, asked Randy to put together a new management team to guide the company. Partnering
with Roland, Randy took the challenge and went about building a new Oxyfresh. Soon thereafter,
Richard Brooke joined the struggling company as Vice President of Marketing. By June, Richard was
appointed President, Randy was appointed Vice President of Sales, and Oxyfresh Toothpaste was
added to the product line.
Alaska and Hawaii: Shipping to Alaska and Hawaii may require an
additional one to two days. Shipping charge for orders shipped via U.
P.S. (2-3 day) to Alaska & Hawaii is $24.95.
Home | Shipping Policy | Return Policy | Contact Us | NUTRITION AND YOUR HEALTH
Copyright © Biotrac Laboratories, Inc. 2004. All Rights Reserved
In 1987, Roland, Randy and Richard focused on developing relationships with key distributors,
training them to build successful organizations. Company Ethics, Cultural Commitments and Vision
14 of 14
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http://205.160.191.80/SHIPPING%20POLICY.html4/29/2005 4:14:24 PM
Oxyfresh History
Page 2 of 3
were, and still are, essential elements of this training. The first Leadership Seminar was held in
Marysville, Washington. Sales continued to climb that year, allowing management to pay off many of
the debts that had been incurred. By 1989, sales had soared to new heights, and for the first time,
Oxyfresh could see light at the end of the tunnel.
Oxyfresh began to make inroads into the dental community in 1990, and was featured in Dentist
magazine. In March 1992, SUCCESS magazine—the first national magazine ever to do so—
dedicated an entire issue to the emerging Network Marketing industry, featuring Oxyfresh on the
cover. Other awards followed that year from the MLMIA (Multi-Level Marketing International
Association) and Upline Financial Press. The product line doubled again, and Oxyfresh achieved yet
another record year in sales.
It’s Malaysian subsidiary, NuOxyLife (M) Sdn Bhd was established in 1998 at the onslaught on the
economic recession. This office in Malaysia acts as the Regional Headquarters for its expansion into
Asia.
Oxyfresh History
1 of 15
4/24/2005
Page 3 of 3
Malaysia and Singapore.
Looking Ahead
Today, Oxyfresh is proud to enjoy a reputation as one of the most successful, well-respected
Network Marketing companies in the industry. Our most profound growth will continue to come from
our leaders. Oxyfresh leaders are committed to shifting society's paradigms of income potential and
how long it should take to attain financial freedom. Oxyfresh leaders will earn extraordinary residual
incomes, providing them the freedom to individually create and contribute through their personal
vision. Oxyfresh leaders are committed to making a difference in people's lives and leaving our world
a better place than when they entered it. Oxyfresh leaders are also committed to playing "full out"—
experiencing the most fun and fulfillment life has to offer. The synergy of our work will result in
Oxyfresh continuing to grow at an extraordinary pace, creating millionaires in the process. We
challenge you, and invite you to play with us!
Nu Oxy Life (M) Sdn Bhd Oxyfresh in Malaysia carries nine different product ranges, oral health
care, skin care, hair care, personal care, home care, pet care, air purification system and a product
range for children. Oxyfresh products are the best money can buy. Health professionals use and
recommend our products to their patients. Oxyfresh Distributors build successful businesses with the
help of our exceptional product lines. We offer something for all walks of life. Take some time to
explore and discover how Oxyfresh can offer you "A New Direction for Life." The products are only
available only through its Distributors, Regional Distribution Centers, its geographically located
Stockists and Mobile Stockists.
At least 30 % of our active Distributors are health care professionals. Oxyfresh leaders are world
renowned for their vision, courage, empathy, listening, and commitment to do the right thing. They
are role models for new business Oxyfresh Leaders source others, empower others, and contribute
to others. Through this, these powerful men and women are healing the hearts and minds of
everyone they touch.
Highlights in Oxyfresh's History:
1984 — Oxyfresh USA, Inc., incorporated as a private Washington state corporation.
1985 — First Oxyfresh meeting was held in Spokane, Washington.
1986 — Randy Anderson, Richard Brooke and Roxie Lord joined the corporate staff.
1987 — National Achiever's Club (NAC) was launched.
1988 — First Master Directors were promoted: Roland and Virginia Fox, Win and Lynn Key.
1989 — Oxyfresh declared a dual purpose: the Peace of Mind product line and Developing Leaders
in Personal and Financial Growth.
1990 — John Milton Fogg, editor of Upline magazine, endorsed Oxyfresh.
1991 — First Dental Professionals Seminar was held.
1992 — SUCCESS magazine featured a cover story on Oxyfresh President, Richard Brooke.
1993 — Oxyfresh International Canada Corp., was established.
1994 — Oxyfresh celebrated its 10-year Anniversary.
1994 — Oxyfresh came to Malaysia via a franchise.
1995 — Visions newsletter was introduced.
1996 — ABC's 20/20 and NBC's Today and Extra featured Oxyfresh Oral Health Care products
1997 — Richard Brooke, President and CEO, was inducted into the Network Marketing Hall of
Fame.
1998 — Malaysian Operation (Nu Oxylife (M) Sdn Bhd) was incorporated in April.
1998 — Randy Anderson returned to Oxyfresh as Field Vice President, and a Corporate Website
was launched.
1999 — Debra Shacklett, Director of Distributor Services, celebrated ten years with Oxyfresh.
2000 — Rishon Ludders-Brooke was named new President and Chief Operations Officer; Richard
Brooke was named Chairman and Chief Executive Officer.
2001 —Oxyfresh (S) Pte Ltd was incorporated and became operational.
2001 — A brand-new, comprehensive Corporate Website was launched, and Gerry David joins
Oxyfresh as Executive Vice President and COO.
2001— A comprehensive Corporate Website was launch for the Asian Market begining with
2 of 15
4/24/2005
3 of 15
4/24/2005
conversations
conversations
4 of 15
http://www.oxyfreshww.com/emails/conversations/conv_la.html (1 of 2)4/12/2005 12:01:14 PM
http://www.oxyfreshww.com/emails/conversations/conv_la.html (2 of 2)4/12/2005 12:01:14 PM
America's Healthiest Consumer Club
Oxyfresh History
At Oxyfresh Worldwide, Inc., we are proud to be celebrating 17 years of success in 2001! We've built
a solid foundation—through quality products and a potentially life-changing opportunity—on which
many people have become successful Oxyfresh Distributors.
“As a practicing physician, I have studied and read
many articles about nutritionals — specifically
antioxidants — and their effectiveness. I believe
that personal responsibility for good health begins
with nutritional supplementation and Oxyfresh’s
supplements are the best. Oxyfresh PinPoint
Nutritionals should be part of everyone’s daily
regimen!”
"After reviewing the scientific literature and directly observing results
from hundreds of my own patients, I enthusiastically recommend
Oxyfresh oral health products to all of my patients."
Steven M. Parrett, D.D.S.
Chambersburg, Pennsylvania
"As a periodontist, I definitely recommend Oxyfresh Fluoride
Mouthrinse to my patients. Personally, it makes my teeth feel smoother,
and I notice a difference in my breath and soft tissue."
Richard Glick, D.D.S.
Cranston, RI
Page 1 of 3
In today's society it is unusual to conduct business with a company that has been around as long as
Oxyfresh. It is estimated that 80 percent of all businesses fail within their first year. Eight percent of
those who do survive their first year, do not see year five. And, of those businesses that do last five
years, 80 percent dissolve before reaching the ten-year mark.
Doctors, Dentists, and Veterinarians speak about Oxyfresh Products.
Charles G. Stockard, M.D.
Hacienda Heights, California
5 of 15
Looking Back
In late 1983, a Spokane businessman began making plans to launch a new Network Marketing
company to distribute a unique mouthrinse called Oxyfresh. The product was a powerful deodorizer,
and early users swore it had other "magical" benefits, as well. Word of the business venture began
to spread throughout Spokane, as numerous people showed up at the founder's home—where early
batches of the mouthrinse were mixed right in his kitchen—to try this new product and gather
information about the business opportunity.
"Oh those smelly ears!
Many dogs use to enter
my clinic and I knew
without looking what
their problem was. Otitis
Externa—waxy, dirty,
smelly ears that had
become infected. Using
Oxyfresh Pet Ear
Cleaner loosens the
packed dirt, cuts the wax
and oils, and removes the
smell all at the same time.
Using this product on a
routine basis will help to
keep your pet’s ears clean
and healthy."
John Prange, D.V.M.
Davidson, NC
By January 1984, the company was formed and local distributors began to sell the products and
build a network. Those who visited "the company in the kitchen" were actually sponsored by the
company—some forty, or so, founders.
Among those early founders were Roland and Virginia Fox, with partners Win and Lyn Key. These
partners loved to wander the travel-trailer routes and visit with other retirees. As they traveled to
warmer climates during the winter and spring months, they began telling people about the "magical"
mouthrinse. Their original vision was to earn $500, just enough to help defray the cost of fuel for
their motorhome.
Throughout 1984, Oxyfresh USA, Inc., as the company was called at that time, struggled to survive.
The product line consisted of the mouthrinse packaged only in dairy creamer cups (300 per box),
most of which leaked or evaporated within a few months of storage. Several times throughout that
first year, the company suspended the meager commission checks that were earned, as it couldn't
afford to pay them just yet. Despite these obstacles, Roland and Virginia Fox, the Keys and a few
others, believed in Oxyfresh and continued to build their organizations.
In 1985, intrigued by the "magical mouthrinse" and its major market potential, the company began to
attract investors and a new management team. Soon, there were more vice presidents and policies
and procedures, it seemed, than distributors! Within 1985 alone, the company had three different
Compensation Plans, and three different Vice Presidents of Sales to promote them. 1985 was such
a chaotic time, that most distributors gave up and quit. In fact, all those who were originally
sponsored by the company quit. All except one...Roland Fox.
In early 1986, concerned with the direction the company had taken, Roland decided that Oxyfresh
needed new management. So, he hired one of his "wholesale customers"—Randy Anderson, a
successful 15-year veteran of Network Marketing—to come to Spokane to teach a One-Day School.
Roland organized the local event so that the company's management and owners would attend.
Within days of Randy's dazzling performance, the owners of Oxyfresh, with Roland's constant
prodding, asked Randy to put together a new management team to guide the company. Partnering
with Roland, Randy took the challenge and went about building a new Oxyfresh. Soon thereafter,
Richard Brooke joined the struggling company as Vice President of Marketing. By June, Richard was
appointed President, Randy was appointed Vice President of Sales, and Oxyfresh Toothpaste was
added to the product line.
"We treat a large number of patients with
periodontal disease. The compliance and results
we’ve experienced with Oxyfresh Mouthrinse are
outstanding, and there are no side effects like
staining or burning. Finally, our patients use what
we suggest!"
Dave Light, D.D.S.
Kingston, PA
In 1987, Roland, Randy and Richard focused on developing relationships with key distributors,
training them to build successful organizations. Company Ethics, Cultural Commitments and Vision
"I love Oxyfresh Toothpaste because of the fresh and tingly feeling it
http://www.tellafriend.org/doctors.html (1 of 3)4/19/2005 8:50:27 PM
6 of 15
7 of 15
4/24/2005
Oxyfresh History
Page 2 of 3
Oxyfresh History
Page 3 of 3
Malaysia and Singapore.
were, and still are, essential elements of this training. The first Leadership Seminar was held in
Marysville, Washington. Sales continued to climb that year, allowing management to pay off many of
the debts that had been incurred. By 1989, sales had soared to new heights, and for the first time,
Oxyfresh could see light at the end of the tunnel.
Looking Ahead
Today, Oxyfresh is proud to enjoy a reputation as one of the most successful, well-respected
Network Marketing companies in the industry. Our most profound growth will continue to come from
our leaders. Oxyfresh leaders are committed to shifting society's paradigms of income potential and
how long it should take to attain financial freedom. Oxyfresh leaders will earn extraordinary residual
incomes, providing them the freedom to individually create and contribute through their personal
vision. Oxyfresh leaders are committed to making a difference in people's lives and leaving our world
a better place than when they entered it. Oxyfresh leaders are also committed to playing "full out"—
experiencing the most fun and fulfillment life has to offer. The synergy of our work will result in
Oxyfresh continuing to grow at an extraordinary pace, creating millionaires in the process. We
challenge you, and invite you to play with us!
Oxyfresh began to make inroads into the dental community in 1990, and was featured in Dentist
magazine. In March 1992, SUCCESS magazine—the first national magazine ever to do so—
dedicated an entire issue to the emerging Network Marketing industry, featuring Oxyfresh on the
cover. Other awards followed that year from the MLMIA (Multi-Level Marketing International
Association) and Upline Financial Press. The product line doubled again, and Oxyfresh achieved yet
another record year in sales.
It’s Malaysian subsidiary, NuOxyLife (M) Sdn Bhd was established in 1998 at the onslaught on the
economic recession. This office in Malaysia acts as the Regional Headquarters for its expansion into
Asia.
Nu Oxy Life (M) Sdn Bhd Oxyfresh in Malaysia carries nine different product ranges, oral health
care, skin care, hair care, personal care, home care, pet care, air purification system and a product
range for children. Oxyfresh products are the best money can buy. Health professionals use and
recommend our products to their patients. Oxyfresh Distributors build successful businesses with the
help of our exceptional product lines. We offer something for all walks of life. Take some time to
explore and discover how Oxyfresh can offer you "A New Direction for Life." The products are only
available only through its Distributors, Regional Distribution Centers, its geographically located
Stockists and Mobile Stockists.
At least 30 % of our active Distributors are health care professionals. Oxyfresh leaders are world
renowned for their vision, courage, empathy, listening, and commitment to do the right thing. They
are role models for new business Oxyfresh Leaders source others, empower others, and contribute
to others. Through this, these powerful men and women are healing the hearts and minds of
everyone they touch.
Highlights in Oxyfresh's History:
1984 — Oxyfresh USA, Inc., incorporated as a private Washington state corporation.
1985 — First Oxyfresh meeting was held in Spokane, Washington.
1986 — Randy Anderson, Richard Brooke and Roxie Lord joined the corporate staff.
1987 — National Achiever's Club (NAC) was launched.
1988 — First Master Directors were promoted: Roland and Virginia Fox, Win and Lynn Key.
1989 — Oxyfresh declared a dual purpose: the Peace of Mind product line and Developing Leaders
in Personal and Financial Growth.
1990 — John Milton Fogg, editor of Upline magazine, endorsed Oxyfresh.
1991 — First Dental Professionals Seminar was held.
1992 — SUCCESS magazine featured a cover story on Oxyfresh President, Richard Brooke.
1993 — Oxyfresh International Canada Corp., was established.
1994 — Oxyfresh celebrated its 10-year Anniversary.
1994 — Oxyfresh came to Malaysia via a franchise.
1995 — Visions newsletter was introduced.
1996 — ABC's 20/20 and NBC's Today and Extra featured Oxyfresh Oral Health Care products
1997 — Richard Brooke, President and CEO, was inducted into the Network Marketing Hall of
Fame.
1998 — Malaysian Operation (Nu Oxylife (M) Sdn Bhd) was incorporated in April.
1998 — Randy Anderson returned to Oxyfresh as Field Vice President, and a Corporate Website
was launched.
1999 — Debra Shacklett, Director of Distributor Services, celebrated ten years with Oxyfresh.
2000 — Rishon Ludders-Brooke was named new President and Chief Operations Officer; Richard
Brooke was named Chairman and Chief Executive Officer.
2001 —Oxyfresh (S) Pte Ltd was incorporated and became operational.
2001 — A brand-new, comprehensive Corporate Website was launched, and Gerry David joins
Oxyfresh as Executive Vice President and COO.
2001— A comprehensive Corporate Website was launch for the Asian Market begining with
11 of 15
Whole Food Blend 100% Natural
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Oxyfresh Worldwide Inc
17582 Eaton Lane, Monte Sereno, CA 95030
phone | map | save
drchainani.com
Oxyfresh World Wide
Moreno Valley, CA 92551
business profile | phone | map | save
DR.Chainani
Cosmetic Dentistry - Bleaching
Crowns, Root Canal, Bonding,Bridges
718-477-5588
DR.Chainani
Oxyfresh World Wide
12900 Perris Boulevard, Moreno Valley, CA 92553
Gental Care And
Painless Procedures
Family & Cosmetic Dentistry
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Oxyfresh Independent Distributors OXY Met
Chico, CA 95926
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Dazzling-Smile.com
Click Here
For more information
Oxyfresh Independent Distributor: John Lidyoff (ref.764246568
sponser)
9473 Amsdell Avenue, Whittier, CA 90605
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Oxyfresh Independent Distributor-Denise
Encino, CA 91436
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Oxyfresh Independent Distributor-Denise
15720 Ventura Boulevard #322, Encino, CA 91436
phone | email | map | save
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Online & Catalog Shopping
Home & Garden
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Oxyfresh Independent Distributor-Britschgi Wendy
Northridge, CA 91324
phone | map | save
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Oxyfresh Independent Distributor Fillbch Jnthn DDS
12 West El Rose Drive, Petaluma, CA 94952
phone | map | save
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Health & Medicine
Oxyfresh Independent Distributor
Santa Rosa, CA 95401
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Oxyfresh Distr-Frank & Susan Clemenza
1595 Myrtle Avenue, Eureka, CA 95501
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14651 Mountain Spring, Hacienda Heights, CA 91745
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Let us save you time & money w/30 National & regional dental
plans offered to you all in one place-Choose from 100,000+
dentists in combined networks.
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Response TV February 1, 2004
Copyright 2004 Gale Group, Inc.
IAC (SM) PROMT (R)
Copyright 2004 Advanstar Communications, Inc.
Response TV
7
347
Bowflex
8
363
Total Gym
Nautilus Group Inc.
9
23
Total Trolley
414
American Telecast
Total Trolley
10
381
Proactiv Solution
11
566
Attacking Anxiety
318
315
Guthy-Renker Corp.
295
February 1, 2004
Midwest Center
282
SECTION: No. 5, Vol. 12; Pg. 12 ; ISSN: 1077-5439
12
100
bareMinerals
13
53
Cross Bow
MD Beauty
14
137
FoodSaver Vac
Tilia Inc.
15
17
DooWop Gold
Time-Life Video
16
97
Ultimate HGH
17
68
Free & Clear
273
IAC-ACC-NO: 113907175
Weider
271
LENGTH: 1092 words
264
HEADLINE: The IMS top 20 DRTV national cable rankings; Research
AUTHOR-ABSTRACT:
THIS IS THE FULL TEXT: COPYRIGHT 2004 Advanstar Communications, Inc.
Subscription: $ 30.00 per year. Published monthly. 201 Sandpointe, No. 600, Santa
Ana, CA 92707.
BODY:
The IMS Top 20 DRTV National Cable Rankings
245
Great American Prod.
HCG Inc.
18
71
TriVita
19
48
Body Makeover
20
95
Power Juicer
244
227
TriVita Way Intl.
210
ProVida Life Sciences
Power Juicer LLC
208
207
LONG-FORM PROGRAMS
SHORT-FORM PROGRAMS
RANK
WEEKS
SHOW
MARKETING COMPANY
COUNT
ON
RANK
TITLE
MARKETING COMPANY
CHART
1
253
2
571
Sharper Image
The Sharper Image
Carleton Sheets
1
Leptoprin
PKPF/Zoller Labs
2
EZ Quit
EZ Healthcare Products
3
Bowflex Xtreme
4
Micro Touch Trimmer
5
Pops-a-Dent
524
Professional Education
523
The Nautilus Group
Institute
3
147
4
278
5
8
6
19
Gazelle Freestyle
Fitness Quest
Showtime Rotisserie
Slim in 6
Ronco Inc.
BeachBody.com
Supreme Greens
ITV Direct
Focus Factor
10
450
Divide Pro
13
Tread Climber
Free Money To Pay Bills
7
Bissell OxyKic
8
CortiSlim
Information USA
Bissell Homecare Inc.
416
1 of 14
Window Rock Productions
12
Divide Pro
13
Tread Climber
$ 19.95
14
Queens of Classic Country
15
Now 14
2 of 14
$ 7.95
$ 0.00
$ 0.00
Ideavillage
Smoke Away
12
6
Vital Basics Inc.
Finishing Touch
11
Direct to Retail Advertising
431
9
Ideavillage
486
$ 9.99
$ 5.00
Council on Natural Health
$ 24.98
$ 4.95
Merchant Media Corp.
16
Bob Seger Greatest Hits
17
Hover Disc
$ 19.98
$ 4.95
The Nautilus Group
14
Queens of Classic Country
15
Now 14
$ 19.95
$ 8.95
Time-Life Music
18
Chocolate Factory
19
Natural Bra
$ 29.99
$ 19.95
$ 8.99
$ 7.95
20
Songbird
$ 59.90
$ 6.95
Castalian Music
16
Bob Seger Greatest Hits
17
Hover Disc
Castalian Music
Overbreak LLC
18
Chocolate Factory
19
Natural Bra
TELEBrands
Merchant Media Corp.
20
Songbird
Songbird Hearing Inc.
Copyright 2003, Infomercial Monitoring Service Inc. Satellite 2,
810 Parkway Blvd., Broomall, PA 19008, USA. Phone: (610) 328-6902.
Fax: (610) 328-6791. E-mail: [email protected]. Ranking for
December 2003. Consecutive weeks on chart since 1/93. Based solely
RANK
TITLE
PRICE
S&H
on frequency of programs aired on national cable networks monitored.
IMS is a research and publishing company that tracks both long- and
1
Leptoprin
$ 153
$ 6.00
2
EZ Quit
$ 0.00
$ 8.95
3
Bowflex Xtreme
4
Micro Touch Trimmer
5
Pops-a-Dent
6
Free Money To Pay Bills
7
Bissell OxyKic
$ 19.99
8
CortiSlim
$ 0.00
9
Focus Factor
short-form DRTV on national cable, satellite and broadcast. Its
database and video library services companies involved in all aspects
$ 0.00
$ 0.00
of the DR industry. IMS also provides weekly and monthly reports of
$ 14.99
$ 5.99
DRTV rankings, verification and evaluations.
$ 19.95
$ 8.00
IAC-CREATE-DATE: March 4, 2004
$ 37.95
$ 7.00
LOAD-DATE: March 06, 2004
10
Finishing Touch
11
Smoke Away
$ 6.99
$ 0.00
$ 0.00
$ 5.00
$ 14.99
$ 5.99
$ 0.00
$ 0.00
3 of 14
4 of 14
Page 7
Page 8
THE TRIVITA WAY INTERNATIONAL, INC.
7 of 25 DOCUMENTS
Prediction for 6/7/2005: 2
Average DBT This Industry: 9
Average DBT All Industries: 9
Copyright 2005 Experian Information Solutions, Inc.
Experian Business Reports
Historical Payment Guide:
6--Month Account Range: $5,700 to $105,900
Current Balance: $103,900
Highest Credit Extended: $319,100 (Median: $3,500)
Payment Performance: PAYS SOONER THAN 50%
Payment Trend: STABLE
Name: THE TRIVITA WAY INTERNATIONAL, INC.
Address: 16100 N GREENWAY HAYDEN LOOP
SCOTTSDALE, AZ 85260
Telephone: 480--606--4126
****** TRADE ******
Experian File Number: Y06140972
****** TRADE PAYMENT EXPERIENCES ******
File Established: 7/1999
(TRADE LINES WITH AN '*' AFTER DATE ARE NEWLY REPORTED)
Contents:
Business Description: SEE BELOW
Bank Information: SEE BELOW
Payment Information: SEE BELOW
Public Records Information: SEE BELOW
BUSINESS
DATE
CATEGORY
REPTD
+AIR TRANS
2/28/2005
Payment Terms: NET 30
AIR TRANS
12/31/2004
Comment: CUST 2 YR
+BANK
2/16/2005
Comment: CUST 3 YR
+BLDG MATRL
4/1/2005
Payment Terms: CREDIT
Comment: ACCTCLOSED
+BUS SERVCS
3/3/2005
Payment Terms: VARIED
-COMPUTERS
3/1/2005
FINCL SVCS
4/1/2005
+NEWSPAPERS
2/28/2005
PACKAGING
3/1/2005
Comment: CUST 1 YR
PAPER DIST
4/1/2005
Comment: CUST 1 YR
+TELECOM
3/2/2005
ADMIN
3/23/2005*
Payment Terms: CREDIT
Comment: CUST 37 YR
****** BUSINESS DESCRIPTION ******
Industry: MISC. FOOD STORES
SIC:
5499
MISCELLANEOUS RETAIL FOOD STORES
Annual Sales: $4,399,000 -- ACTUAL
Years in Business: 5 -- ACTUAL
Employees: 51 -- 100
Business Type: CORPORATION
Owner Type: PRIVATELY HELD
Location: SINGLE LOCATION
Officers:
MARK R. ALLEN, OWNER
****** BANK INFORMATION ******
Name: UNDISCLOSED
Relationship: MERCHANT BANK CARD
Account Rating: NO COMMENT
Date Account Opened: 7/7/1999
RECENT
HIGH
CREDIT
$
37600
------
ACCOUNT
BALANCE
$
CUR
37600 100%
STATUS ------DAYS PAST DUE131- 6130
60
90
91+
319100
74300
58400 100%
3/2005
1600
300 100%
2/2005
1/2003
11600
2200
3600
3500
3100
4100
5/2004
800 100%
100%
27%
73%
2600
3700
<100 100%
Footnotes:
+ IN FIRST COLUMN INDICATES COMPANY IS PAYING FASTER THAN THE INDUSTRY NORM;
-- IN FIRST COLUMN INDICATES COMPANY IS PAYING SLOWER THAN THE INDUSTRY NORM;
****** PAYMENT SUMMARY ******
Days Beyond Terms (DBT):
LAST
SALE
As of 4/11/2005: 2
5 of 14
6 of 14
Page 9
Page 10
= IN FIRST COLUMN INDICATES THE COMPANY PAYS THE SAME AS THE INDUSTRY NORM.
<,> SIGNS INDICATE TRUE HIGH CREDIT OR BALANCE IS < OR > AMOUNT SHOWN
1ST-Q-05:
4TH-Q-04:
3RD-Q-04:
2ND-Q-04:
1ST-Q-04:
****** ADDITIONAL PAYMENT EXPERIENCES ******
BUSINESS
DATE
CATEGORY
REPTD
AIR TRANS
6/19/2003
+BLDG MATRL
10/6/2004
COMPUTERS
2/9/2004
OFFC EQUIP
4/23/2003
Comment: CUST 3 YR
=WATER PROD
4/10/2003
Comment: CUST 1 YR
LAST
SALE
RECENT
HIGH
CREDIT
$
------
ACCOUNT
BALANCE
$
CUR
STATUS ------DAYS PAST DUE1- 31- 6130
60
90
91+
DBT
2
1
19
2
N/A
BALANCE
$
CUR
92700 94%
52500 98%
9800 46%
3600 87%
2300 100%
-DAYS PAST DUE131- 6130
60
90
91+
4%
2%
1%
1%
19% 35%
13%
********** PUBLIC RECORDS ***********
200
1/2003
200
88%
12%
UNIFORM COMMERCIAL CODE (UCC) FILINGS:
Type: UCC--FILED
Document Number: 057014497936
Filing Location: SEC OF STATE CALIFOR
Collateral: CERT DESCR TIRES, TUBES, WHEELS, ETC
Original Document Number: 0570144979
200
<100
<100
6%
88%
6%
****** TRADE PAYMENT TOTALS ******
CONTINUOUSLY REPORTED: 11
DBT: 2
NEWLY REPORTED: 1
TRADE LINE TOTALS: 12
DBT: 2
HIGHEST CREDIT MEDIAN: 3500
RECENT
HIGH
CREDIT
$
460300
460300
------
ACCOUNT STATUS ------DAYS PAST DUE1- 31- 6130
60
90
91+
2%
3%
BALANCE
$
CUR
103900 95%
103900
95%
2%
Type: UCC--FILED
Filing Location: ARIZONA SEC OF STATE
Collateral: INVENTORY; EQUIP; UNDEFINED; FURN & FIX; HEREAFTER ACQUIRED PROP
Type: UCC--FILED
Collateral: EQUIP; HEREAFTER ACQUIRED PROP; UNDEFINED
3%
Type: UCC--FILED
Collateral: EQUIP
****** PAYMENT TRENDS ******
(BASED ON CONTINUOUSLY REPORTED TRADE LINES)
UCC Collateral Counts:
AS OF 03/05:
02/05:
01/05:
12/04:
11/04:
10/04:
BUSINESS
DBT
1
N/A
2
2
31
26
BALANCE
$
CUR
105900 92%
68100 99%
78500 95%
84800 95%
6500 28%
5700 32%
-DAYS PAST DUE131- 6130
60
90
91+
8%
1%
1%
4%
5%
7% 64%
1%
15% 53%
****** PAYMENT HISTORY-- QUARTERLY AVERAGES ******
7 of 14
COMPANY HAS 4 FILINGS WITH 4 COLLATERAL ITEM(S).
COLLATERAL CONSISTS OF: INVENTORY; AFTER ACQUIRED PROP
****** INQUIRIES ******
Date
SIC
1867
2230
2900
4700
5680
Description
CRED CARD
ELEC SUPLR
GENERAL
PRNTG&PUBL
TELECOM
1
04/05
04/05
04/05
04/05
04/05
#
1
Inquiries
2
3
1
1
8
4
months
date
5
prior
6
to
7
report
8
9
1
1
1
8 of 14
Page 11
Date
SIC
Description
TOTAL
1
04/05
#
Inquiries
1
1
2
3
2
8
4
months
date
5
prior
6
to
7
1
report
8
The San Diego Union-Tribune, August 8, 2001
9
1
Copyright 2001 The San Diego Union-Tribune
The San Diego Union-Tribune
Experian Extract Date: 4/11/2005
August 8, 2001, Wednesday
SECTION: FOOD;Pg. E-2
LENGTH: 625 words
HEADLINE: No harm in freezing milk
BYLINE: ED BLONZ; Ed Blonz, Ph.D., is the author of seven books on foods and
nutrition.
BODY:
QUESTION: I have a question regarding milk, specifically lactose-free milk. Can you
freeze milk without harming the nutrients? Military families have been freezing milk
for years, but I have never found out if it is a good thing to do. Hopefully you have
an answer to my
question.
V.M., San Diego
ANSWER: Freezing is a safe and acceptable way to store milk, and the changes in
nutritional value would be negligible. This would be the case for any type of milk,
including a lactose-free product.
In some cases there will be minor changes in the way the milk appears and tastes.
Freezing can cause a breakdown in homogenization, the process that distributes the
milk fat evenly throughout milk. This won't be an issue with nonfat milks, but an
occasional drop of fat may be seen floating in low-fat or whole milks. The best advice
is to shake the container before drinking.
Depending on the speed at which the milk is frozen, slight changes in taste and some
loss of color are possible. In addition, a small amount of sediment may develop.
These changes are negligible and do not reflect any change in the wholesomeness of
the milk.
A good rule of thumb is, the faster the freeze, the smaller the damage.
It is always best to put the milk in a well-sealed container. You can foster a quicker
freeze by placing the container next to a freezer wall or on a metal shelf.
Remember also that, because milk is a rich source of nutrients, it provides an ideal
medium for bacteria and other microorganisms. Pasteurization helps destroy most,
but not all, of the bacteria that are present at bottling.
Freezing does not destroy microorganisms, it just suspends or slows their growth.
The quality of defrosted milk will be no better than that of the milk at the time it was
frozen.
9 of 14
10 of 14
12 of 14
I am a 70-year-old woman and have been told by my doctor that my body does not
absorb
vitamin B-12. He said that I need to get a monthly B-12 shot. Recently, I have come
across an advertisement for a sublingual vitamin B-12. It is called Trivita Sublingual
B-12 with B-6 and folic acid. How effective is this product, and would I be able to
discontinue my monthly shots?
G.S., Nashua, N.H.
I cannot comment on this particular brand, but there is some research evidence that
sublingual (drops under the tongue) vitamin B-12 can be effective. Nasal sprays can
also work.
These are not as efficient a route of administration as injections, so they are not
appropriate for every case of vitamin B-12 deficiency.
I would encourage you to discuss this with your physician. You can tell him to refer
to a study in the Aug. 28, 1999, issue of the journal Lancet titled "Sublingual therapy
for cobalamin deficiency as an
alternative to oral and parenteral
cobalamin supplementation."
haven’t experienced any more symptoms
After hearing about Dr. Libby's Sublingual B-12, B-6, & Folic Acid, and how it can contribute to heart health, I
began taking it because of my heart condition, fibrillation. I haven't experienced any more symptoms of the
condition ever since I began taking TriVita Sublingual B-12! I'll never go without it!
Olga Ann Fenar - Seal Beach, CA
11 of 14
On October 28, 2004, the Company entered into a letter of intent with Vitamin Research Products, Inc. ("VRP") to acquire all of the
common stock of VRP. The consummation of the transaction is contingent upon the completion of the Company's due diligence, the
signing of definitive purchase and sale agreement, approval of both companies' board of directors and other conditions.
Competition
The market for nutritional products is highly competitive. Our direct competition consists primarily of publicly and privately owned
companies which tend to be highly fragmented in terms of both geographical market coverage and product categories. These
companies compete with us on different levels in the development, manufacture and marketing of nutritional supplements. Many of
these companies have broader product lines and larger sales volume, are significantly larger than us, have greater name
recognition, financial, personnel, distribution and other resources than we do and may be better able to withstand volatile market
conditions. There can be no assurance that our customers and potential customers will regard our products as sufficiently
distinguishable from competitive products. Our inability to compete successfully would have a material adverse effect on our
business.
We operate in the fragmented and competitive telecom and infrastructure services industry. We compete with service providers
ranging from small regional companies, which service a single market, to larger firms servicing multiple regions, as well as large
national and multi-national contractors. We believe that we compete favorably with the other companies in the telecom and utility
infrastructure services industry.
Materials
Raw materials used in VLI's products consist of nutrient powders, excipients, adaptogens, empty capsules and necessary
components for packaging and distribution of finished nutritional and whole-food dietary supplements and personal care products.
We purchase the raw materials and empty capsules from manufacturers in the United States and foreign countries. Although we
purchase raw materials from reputable suppliers, we continuously evaluate samples, certificates of analysis, material safety data
sheets and the support research and documentation of both active and inactive ingredients. We have not experienced difficulty in
obtaining adequate sources of supply, and generally a number of suppliers are available for most raw materials. Although we cannot
assure that adequate sources will continue to be available, we believe we should be able to secure sufficient raw materials in the
future.
Generally, our telecom infrastructure services customers supply most or all of the materials required for a particular contract and we
provide the personnel, tools and equipment to perform the installation services. However, with respect to a portion of our contracts,
we may supply part or all of the materials required. In these instances, we are not dependent upon any one source for the materials
that we customarily utilize to complete the job. We are not presently experiencing, nor do we anticipate experiencing, any difficulties
in procuring an adequate supply of materials.
2005, GD has substantially reduced its level of activity on certain contracts under which it used SMC as a subcontractor. During
fiscal year 2006, we expect that GD will substantially increase its level of activity on certain contracts under which it uses SMC as a
subcontractor. The Federal Government, through our contract with GD, has been a major customer for three years. TVC and C have
been customers of VLI for five and two years, respectively, and accounted for 17% and 8% of consolidated net sales for the twelve
months ended January 31, 2005.
Backlog
At January 31, 2005, we had a backlog of $2.2 million for manufacturing nutraceutical products and $7.5 million to perform telecom
infrastructure services in the next year. At January 31, 2004, we had a backlog of $5 million to perform telecom infrastructure
services during fiscal year 2005.
Regulation
The formulation, manufacturing, packaging, labeling, advertising, distribution and sale of our products are subject to regulation by
one or more federal agencies, including the Food and Drug Administration (FDA), the Federal Trade Commission (FTC), the
Consumer Product Safety Commission, the U.S. Department of Agriculture, the Environmental Protection Agency, and also by
various agencies of the states, localities and foreign countries in which our products are sold. In particular, the FDA, pursuant to the
Federal Food, Drug and Cosmetic Act (FDCA), regulates the formulation, manufacturing, packaging, labeling, distribution and sale of
dietary supplements, including vitamins, minerals and herbs, and of over-the-counter (OTC) drugs, while the FTC has jurisdiction to
regulate advertising of these products, and the Postal Service regulates advertising claims with respect to such products sold by mail
order. The FDCA has been amended several times with respect to dietary supplements, most recently by the Nutrition Labeling and
Education Act of 1990 and the Dietary Supplement Health and Education Act of 1994. Our inability to comply with these federal
regulations may result in, among other things, injunctions, product withdrawals, recalls, product seizures, fines and criminal
prosecutions.
In addition, our products are also subject to regulations under various state and local laws that include provisions governing, among
other things, the formulation, manufacturing, packaging, labeling, advertising and distribution of dietary supplements and OTC drugs.
Our telecom infrastructure services operations are subject to various federal, state and local laws and regulations including: licensing
for contractors; building codes; permitting and inspection requirements applicable to construction projects; regulations relating to
worker safety and environmental protection; and special bidding, procurement and security clearance requirements on government
projects. Many state and local regulations governing construction require permits and licenses to be held by individuals who have
passed an examination or met other requirements. We believe that we have all the licenses required to conduct our operations and
that we are in substantial compliance with applicable regulatory requirements. Our failure to comply with applicable regulations could
result in substantial fines or revocation of our operating licenses
Safety and Risk Management
7
Customers
During the twelve months ended January 31, 2005, we provided nutritional and whole-food supplements as well as personal care
products to customers in the global nutrition industry and also services to telecommunications and utilities customers as well as to
the Federal Government, through a contract with General Dynamics Corp. (GD). Certain of our more significant customer
relationships are with Southern Maryland Electrical Cooperative (SMECO), GD, TriVita Corporation (TVC), and CyberWize.com, Inc.
(C). SMECO accounted for approximately 23% of consolidated net sales during the twelve months ended January 31, 2005. GD
accounted for approximately 14% of consolidated net sales during the twelve months ended January 31, 2005. During fiscal year
We are committed to ensuring that our nutraceutical products and telecom infrastructure services employees perform their work in a
safe environment. We regularly communicate with our employees to promote safety and to instill safe work habits. Our telecom
infrastructure services safety director, an SMC employee, reviews accidents and claims, examines trends and implements changes
in procedures or communications to address any safety issues.
8
Risk Management, Insurance and Performance Bonds
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Order Page
http://experiencelimuplus.com/Company.aspx
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BUY LIMU PLUS
North America
To Order one bottle or as many as needed
(One Bottle of Limu Plus - 32.4 ounces Per Bottle)
Europe
BUY OTHER VITACORP PRODUCTS
Company
Vitacorp values people: the customers who benefit from our products, the independent affiliates who make our success
possible, and the corporate team that supports them. At the heart of everything they do, Vitacorp's founder insist on four
"core values": love, individual worth, freedom and integrity. These are the principles that drive our opportunity.
step 1: choose a continent | step 2: choose quantity | step 3: check out
The Highest Standards
To create a breakthrough like Limu Plus demands the highest standard of raw material and manufacture. Working with our
friends at Vitarich Laboratories, the leading manufacturer of high quality nutritional supplements in the world, Vitacorp
delivers the best!
Our limu moui is harvested by hand to make sure that only the best material is selected, and that the process is friendly to
the Tongan ecosystem. Then it is carefully processed to preserve its beneficial essence. Our adaptogenic plants are
selectively harvested at the exact point during the growing season to insure peak potential, and then, to harness their
potency, they are processed by experts with more than 30 years experience.
These ingredients are formulated under the legendary production standards of Vitarich Laboratories using state of the art
technology. That is why we call Limu Plus the best of nature and science combined. With Limu Plus, you are guaranteed
the finest ingredients and formulation on the market today.
Virtually everyone has the genetic potential to enjoy robust health for well over 100 years, but unfortunately most people's
bodies begin breaking down long before that. That is because in today's 'man-made' environment, your immune system has
to constantly fend off far more toxins, pollutants, food additives, chemicals and other stress factors than nature designed it
for. Unless you constantly replenish your immune system with extra fuel, it remains dangerously overloaded year after year
and eventually begins to malfunction.
Limu Plus is unique nectar, based on a seaweed extract from the pristine waters of Tonga with Russian Adaptogens, that
can make a difference in your life!
Home Limu Plus Adaptogens Contains It Is Safe Business Opportunity Company Order Contact Us
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Supplemental
EXHIBIT 15 - Vitarich Farms / Vitarich Labs / Vitacorp
http://experiencelimuplus.com/Company.aspx4/24/2005 12:06:39 PM
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http://experiencelimuplus.com/Order.aspx (1 of 2)4/24/2005 12:06:40 PM
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Thank you for taking a few minutes of your very busy day to look at the opportunity we are
offering you.
We are distributors of world-class Nutraceuticals from Vitacorp International that are
exclusively manufactured by VitaRich Labs. We offer Coral Calcium, Naturflex Joint Support,
Vita Enhanced Water, Soy products, Appetizer Diet, and many, many more natural health
supplements. We are currently looking for a distributor in your area to market these products.
We have a burning desire to help others feel better by supporting the natural defenses
of the body. Vitacorp’s products help address concerns of high and low blood sugar,
heart and circulatory problems, stress, joint problems, weight problems, liver support,
cold and flu support, and much more.
Helping people feel better is very rewarding in itself, but there are also huge financial rewards
for distributors.
WELCOME TO AN AMAZING
Enclosed in this packet are some product descriptions, testimonials, and examples
of profits that can be attained.
BREAKTHROUGH PLAN
Paul & Kim Hoffman
OFFERING
Office Phone: 620-278-2900
Cell Phones: 620-960-2118 or 620-727-2192
LIFE-CHANGING PRODUCTS
Paul & Kim Hoffman
620-278-2900
www.themomkit.com/431292 or www.vitacorp.com/431292
[email protected]
Supplemental
Paul & Kim Hoffman
414 S. Broadway
Sterling, KS 67579
620-278-2900
Supplemental
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Vitacorp International w Partial List of Products and Helps
Beta Carotene
o
o
o
o
o
Immune support
Proper vision
Growth & development
Skin
Nervous system
o
o
o
o
Immune support
Free radical eliminator
Promotes healthy cells
Vein integrity
C-Chewables / C-Crystals
Cell Rich
Vitarich Farms grows and
processes organically grown,
nutritionally dense, kosher certified
food concentrates in bulk form for
sale to distributors and
manufacturers and for sale as
finished goods to retailers.
Vitarich Laboratories specializes in providing
the following services:
•
Vitarich Farms is particularly noted
for its high quality green food
concentrates like barley and wheat
grasses, soy and alfalfa greens and
its world exclusive aquatic-algae
hydrilla.
•
Vitarich Farms owns and operates a
complete farming and processing
facility in Northern Florida where
the soil and deep well irrigation are
mineral rich.
•
All of our green food products are
grown under organic conditions
without herbicides or pesticides.
Harvest freshness
and potency are guaranteed by
our unique on-site processing plant
employing an exclusive air-jet
drying system.
•
•
Research, development and custom
formulation of premium
nutritional/supplement private-label
formulas.
OTC pharmaceutical private label
formulations.
Premium ingredients and blending from
particle sizing to packaging.
All types of packaging including powder
filling.
Allopathic, homeopathic, OTC and
nutritionals.
Tableting, encapsulation, soft gels and
convection products.
Vitarich Laboratories makes available over 150
leading-edge nutritional supplements, and
limitless custom formulas, for private label
applications. Through intelligent production
practices and by our direct hands-on
production methods, we are able to sell our
product line at extremely competitive prices.
CoQ10
o
Immune support
o
Free radical eliminator
(free radical attaching to healthy cell = cancer)
o
o
o
o
o
Capsicum
o
o
o
o
o
o
o
o
Circulation support
Weight management
Migraines
Digestion
Bowel pain
Gas/cramps
Cold hands/feet
Reduce size of tumors
Cold & Flu Support
o
Immune support
Feel cold & flu symptoms – take
3 – 3x per day (day 1)
2 – 3x per day (day 2)
1 – 3x per day (rest of week)
For immune support, use 10 days on and then
five days off.
Coral Calcium
o
o
o
o
o
o
Cough Syrup
Gives the body what it needs to heal itself
Allergies
Kidney stones
Heart disease
Energy
Relaxes your muscles and helps you sleep
Garlic
o
o
o
o
Blood sugar support
Nerve damage support
o
o
o
Sleeping
Overall sense of well-being
Stress relief
o
o
o
o
Circulation
Immune support
Migraines (1 – 3x/day)
Arthritis
o
o
o
Calming properties
Nature’s strongest antioxidant
Helps with internal tumors
Herbal Calming
Omega III
Immune support
Headaches
Joint aches
Arthritis
Primalux
Liver support
Circulation
Brain food
o
o
o
Taheebo Tea
Look & feel better
Antioxidant
Good for pregnant women & children
All children should be on this product!
Drink it before and after chemotherapy to help
with associated sickness.
ViGest
Vita Che
Carbohydrate digestion
Milk digestion
Protein digestion
Acid reflux
Take 1 Vigest 30-minutes before a big meal and
1 Vigest during the meal. You won’t feel the after
effects of eating too much!
o
o
o
o
o
o
o
o
Circulatory support
Cardiovascular health
Fights free radicals
Strongest product on the market
Blood pressure concerns
Cholesterol
Heart disease
Helps clean arteries
o
o
o
o
o
Liver support
Skin
Weight loss
Allergies
Smokers should definitely take this!
Vita Enhanced Water
o
o
o
o
o
o
o
You can use up 3x the dosage listed
Phospholipids
o
o
o
o
Relieves cough associated with colds
Great honey flavor
Naturflex Joint Support
Boosts circulation
Parasite control (1 in 3 has them!)
Immune support
Lowers blood pressure
Sprinkle on pets’ food to keep away fleas!
o
o
o
o
o
GluCare
In your bloodstream, there are little pockets where there
is no oxygen. That is where disease forms. Coral Calcium
helps increase oxygen in these pockets!
o
o
o
o
Vita Marin
Spray on burns or sunburns
Great for flowers, pets
Spray on face for acne
Drink for weight loss
Keeps you hydrated
Vita Greens
o
If you don’t get five servings of
vegetables per day, get on this
product!
o
o
o
Prostrate health
Male stamina
Antioxidant
Vita Men
Vitamin E w/ Selenium
o
o
o
o
o
Acne (1 – 2x per day for 30 days) then (1 – 1x
per day for 30 days) then continue taking 1 per
day and add Coral Calcium to your regimen.
13100 Northwest Fwy, Suite 440
Houston, TX 77040
Tel: (281) 220-1240
Fax: (832) 201-7517
Vita One
o
o
Supplemental
5 of 100
Vita Woman
One-a-day pack
Multi-Vitamin-Mineral – Greens –
Antioxidant - Vigest – Beta carotene –
Essential Fatty Acids
Supplemental
Circulation support
Heart disease
Cardiovascular disease
Reduce size of tumors
Gum disease
o
o
o
All women should be on this product!
Mood swings
Fatigue
Hot flashes
Menopausal symptoms
Breast cancer (or history of breast
cancer in family)
Use in place of baby aspirin for
prevention of heart attacks
Soy Food Products
o
o
o
Heart Health
Profound influence on Estrogen
pathways
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Vitacorp International
http://www.vitacorp.com/431292
Daily Regimen
VitaChe (5 tabs)
Vita Greens
Phospholipids
ViGest
Coral Calcium
Heart
CoQ10
Phospholipids
Beta Carotene
Coral Calcium
Cold & Flu
Garlic
C Crystals
Phospholipids
Coral Calcium
Cold & Flu
Central Nervous System Concerns
Vita-Che (10 tabs per day for 90 days;
5 tabs per day thereafter)
Coral Calcium (4 twice a day for 30
days; then 2 2x per day)
Vita Greens
ViGest ( 2 before each meal)
or
Phospholipids ( 2 3x per day)
VitaOne
Coral Calcium
Omega III (1 3x per day)
Brain
Skin
Omega III
Beta Carotene
Coral Calcium
Vita Greens
Phospholipids
Cognitive Care (coming out soon!)
Herbal Calming ( 1 3x per day--an
additional one at bed time if
necessary).
C Chewable
Vita-Marin
Joints
Nutraflex Joint Support
Vita Greens
Omega III
Coral Calcium
Immune System
Cold & Flu
Beta Carotene
Vita Greens
C Crystals
Stress
Herbal Calming
Taheebo Tea
Coral Calcium
Degeneration
Taheebo Tea
Beta Carotene
Coral Calcium
CoQ10
VitaGreen
Cold & Flu
Anything that does not have a warning
label for pregnant women!
Blood Sugar
Capsicum
CoQ10
Fiber
Garlic
Vita Greens
C Crystals
Digestion
Women
VitaWoman
VitaOne
Vita Greens
Phospholipids
Fertility
Men
VitaMen
VitaOne
VitaGreen
Phospholipids
Supplemental
Prostrate / Male Concerns
VitaMen
Weight Loss
Capsicum
Coral Calcium
VitaMarin
Appetizer Diet
If you are taking medications,
please refer to the Vitacorp website
"Product Description" and see if
there are any contradictions listed
in the "precaution/warning" section.
C-Crystals – 1/3 teaspoon daily;
during a workout or event, take 1/3
teaspoon upon rising and 1/3
teaspoon prior to the event and 1/3
teaspoon before going to bed.
Coral Calcium – two 2x per day
during regular days and a schedule of
3/2/3 two days before and after an
event.
Coral Calcium offers alkalinity and
mineral support, which are vital to
performance, recovery, and injury
prevention.
Weight Management
Capsicum
Vita Greens
Appetizer Diet
INJURIES
VitaMarin –Take three right after the
injury then one 3x per day (spaced
evenly) until recovery.
Glucare
VitaChe
ViGest
VitaOne has critical amounts of
bioflavanoids, curcumin, and
bromelain, which are very important to
athletes’ muscle support well-being
and recovery.
Note: We do not state that any of
our products treat or cure any
disease state. What we do is
address general health and the
health of individual body systems.
C-Crystals offer excellent immune
support for the athlete during times of
exertion which can weaken the
systems of the body.
Shark Cartilage (coming out soon, in
liquid and capsule form!)
Pregnancy
Garlic
Omega III
Phospholipids
Athletic Regimen
VitaOne – one pack per day during
regular days; two packs per day if you
nd
do an hour workout (2 pack taken
prior to workout); three packs on the
day of the event (one in the morning,
one 30 minutes prior to event, one
after the event—whether the event
lasts 10 minutes or 3 hours, take the
third pack afterward)
Joint Support – When sustaining an
injury, take two at the same time as
you take three VitaMarin; then one 3x
per day until health returns. For those
experiencing continuing joint pain from
trauma, use as directed.
Female Concerns
VitaWoman
Headaches
Joint Support
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Letter from a very satisfied customer and now a distributor.
This is right in line with numerous studies that are
beginning to point to the significant benefits of calcium.
CORAL CALCIUM!
Wow!
Well, we all know now about osteoporosis and bone support, blood vessels and circulation,
teeth and how important good quality calcium is for dealing with the above and more.
But I did not know that research says it might help with such things as colon cancer and
prolong your life in general! That just BLEW ME AWAY!
This whole Coral Calcium thing is IMPORTANT for every single woman and man on the
planet. So, please, read the following article and share it with everyone you care about or
who you know has any of the mentioned conditions and could profit from the below
information.
Enjoy! And let me know what you think, please.
With Love,
Katyusha
In the October 13, 1998 issue of the New York Times wrote an article appeared entitled
'Calcium Takes Its Place As a Superstar of Nutrients' in which it reports that a study
published in the Journal of the American Medical Association reported that 'increasing
calcium induced normal development of the epithelia cells and might also prevent cancer in
such organs as the breast, prostate and pancreas'.
It also reported that the American Journal of Clinical Nutrition published 'virtually no
major organ system escapes calcium's influence' and that a research team from the
University of Southern California found 'adding calcium to the diet lowered the blood
pressure in 110 black teenagers.'
The January 14, 1999 issue of the Phoenix Republic wrote an article about cancer entitled
'Calcium Reduces Tumors' that the New England Journal of Medicine reported 'adding
calcium to the diet can keep you from getting tumors in your large intestine'.
Then the February, 1999 issue of the Readers Digest wrote in an article entitled 'The
'Superstar Nutrient' that the Journal of the American Medical Association published 'when
the participants consumption reached 1500 milligrams of calcium a day, cell growth in the
colon improved toward normal (this means that the cancer was reversed)'.
Once again, Enjoy! And stay HEALTHY and HAPPY!
The Digest also reported that the Metabolic Bone Center at St. Lukes Hospital believes that
'a chronic deficiency of calcium is largely responsible for premenstrual syndrome (PMS)'
and that 'a lot of women are avoiding the sun and their vitamin-D
levels may be very low.'
====================================
-- The Okinawan Centenarian Study
Here's the link to the Okinawa study, followed by a brief summary and some additional stuff
I've run across about calcium:
For more, go here:
http://www.okinawaprogram.com
http://www.okinawaprogram.com
According to The Okinawan Centenarian Study, every city, town, and village In Okinawa has
a family register system (koseki) that has been recording reliable birth, marriage, and death
statistics since 1879.
Life tables calculated from this database show one of the world's highest concentrations of
centenarians (living to be a hundred years or older) and likely the world's longest life
expectancy for any country or state.
After examining over six hundred Okinawan centenarians and numerous 'youngsters' in
their seventies, eighties, and nineties, the researchers saw certain patterns begin to
emerge.
It became clear that the Okinawan lifestyle was providing some real, scientifically verifiable
reasons these people were so incredibly healthy so far into their senior years. And they
were reasons that could have a profound impact on our health and well-being here in the
West.
Among the reasons for their longevity of life and overall health cited by the study was 'the
high calcium intake by Okinawans in both food and their natural drinking water.' The coral
calcium in their water has played a key role.
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"Premium Coral Calcium For Less Than TV Infomercial Prices!
As low as $7.55 A Bottle!"
Houston Chronicle
Have you tried Coral Calcium yet?
Tuesday March 4, 2003
To order online visit: www.VitaCorp.com/431292
Get Coral Calcium for $14.55 a bottle or less!
Vitamins found to help with infections
If having the #1 Premium Coral Calcium product in the market was not enough, have you seen the price?
PHILADELPHIA -- Ordinary daily multivitamin and mineral supplements could help adults
Only $19.95 retail for a month's supply.
with diabetes fight off some minor infections, according to a study released on Monday.
The year long study of 130 patients in North Carolina showed daily vitamin use reduced the
At Vitacorp's retail price of $19.95, it's the lowest price you'll find anywhere for this premium grade of
Coral Calcium. Period. No kidding.
rate of minor respiratory and urinary tract infections, influenza, and gastrointestinal infections
But it gets better!
among all people age 45 and older. But the findings were most striking among subjects with
Order a 10 pack, and you'll get TWO bottles FREE!
adult-onset diabetes. Results showed infection occurring among only 17 percent of diabetic
This brings your cost down to just . . . $16.63 a bottle!
patients who took multivitamins versus 93 percent of diabetics who received a placebo. The
Make the 10 pack your autoship and VitaCorp will give you one bottle of ViGest FREE! This brings your
cost of Coral Calcium down to just . . . $14.55 a bottle!
supplements proved effective enough to reduce absenteeism due to infectious disease. Diabetic
But it gets better!
patients who received multivitamins recorded NO days of absenteeism. But 89 percent of those
who took a placebo were absent from work for one or more days.
If you are a Gold, you can get 20% back on your order.
That's 14 BP X 20% = $2.80, bringing the cost to . . . $11.75 a bottle!
--Houston Chronicle News Services
If you are a Platinum, you'd get 40% back on your order,
That's 14 BP X 40% = $5.60, bringing the cost to . . . $8.95 a bottle!
If you are a Diamond, you'd get 50% back on your order.
That's 14 BP X 50% = $6.50, bringing the cost to . . . Only $7.55 a bottle!
Share VitaOne, the Cadillac of nutrition, with everyone!
They'll be glad you did!
You can get a short FACT SHEET on the VitaCorp Coral Calcium Plus product by visiting:
www.VitaCorp.com/431292
Get a 10-pack today! Get two free bottles. Save a bottle for yourself and then get the other eleven bottles
into the marketplace.
Before you know it, at least half the people who get on this product will end up on monthly auto-ship, and
that means a bigger weekly bonus check for you.
So, if you are an affiliate, and you order a 10-pack, which carries 140 BP (thus meeting your one-time 100
BP requirement) you will promoted to Gold next week!
If you are a Gold, and you order a 10-pack, and you have two people in your open group order a 10-pack,
you are a Platinum!
For information on how to get the Gold, Platinum, and Diamond bonuses contact
Paul & Kim Hoffman--Office 620-278-2900, Cell Phones 620-960-2118 or 620-727-2192
Supplemental
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"The Appetizer Diet!"
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But wait, it gets even better!
"Learn How to Earn An Extra $177,132.80 a Year
By Acquiring Just One Good Customer Per Day!"
As a Platinum affiliate bonus qualifier, you earn 20% bonus on your Group Bonus Points
(GBP). Your case of Appetizer Diet will give you 200 BP. With your 20% bonus, you'll earn
an additional $40 bonus.
Price: $29.95
Bonus Points: 20
Case Price Super Special
This means your new net cost is:
$299.50
- 59.90
- 49.90
- 30.00
- 40.00
$119.70
Get 10 canisters: $299.50
Bonus Points = 200 BP
And receive 2 bonus canisters of Appetizer Diet free
with your case order. Value: $59.90.
10 canisters of Appetizer Diet
Selling price of bonus two canisters of Appetizer Diet
Selling price of two bonus bottles of Vi-Gest
Retailers Bonus of 20% of 150 BP (200BP – 50BP)
Platinum Bonus
Net cost to you.
This means your net cost would only be $11.97 per canister of Appetizer Diet!
Just want to order or need more information go to www.vitacorp.com/431292
Want to take FULL advantage of this opportunity?
Dear Affiliate,
Here is how to cash in on this Appetizer Diet profit opportunity.
When you sell the bonus two canisters of Appetizer Diet and your net cost is:
$299.50
- 59.90
$239.60
1. Set up your autoship order to include a case of Appetizer Diet. You'll receive 10
Net cost to you.
canisters of the Appetizer Diet, two bonus canisters of the Appetizer Diet, and two
autoship bonus bottles of Vi-Gest.
This means your net cost would only be $23.96 for each canister of Appetizer Diet.
Plus, if you order your case of Appetizer Diet on autoship, you will receive two bottles of
Vi-Gest free (your autoship volume is 200 BP). The two bottles of Vi-Gest have a value of
$49.90. Sell these two bottles of Vi-Gest and your net cost is:
$299.50
- 59.90
- 49.90
$189.70
You now have a huge profit opportunity with the Appetizer Diet.
Net cost to you.
2. Arrange to have 12 people use the Appetizer Diet. This could be 10 individuals, 5
couples, or maybe just 3 or 4 families. You'll certainly sell the two bottles of Vi-Gest
to these users, and you'll probably sell a lot more! (You could be one of the 12 users
of the Appetizer Diet.)
3. Collect. As a Platinum bonus qualifier for the week you place your order, your total
monthly profit from just these 12 customers would be $179.80. That's over $2,100
extra per year! Just from 12 users. Wow!
4. And here is a secret tip. Most users of the Appetizer Diet will love it so much, they’ll
use two canisters a month! That’s twice the profit for you. That’s over $4,000 extra
profit in your bank account. Try getting a raise from your boss for $4,000. It’s a lot
easier with the Appetizer Diet.
But what about my Retailer’s Bonus?
Yes, your Retailer’s Bonus makes the case price of the Appetizer Diet even better.
$299.50
- 59.90
- 49.90
- 30.00
$159.70
Retailers bonus of 20% of 150 BP (200BP – 50BP)
Net cost to you.
What if you recommend the Appetizer Diet to one person a day?
That would be 360 users at the end of the year. Since each user would eventually use two
canisters a month, how much would you earn?
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Supplemental
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Well, every week you would have 90 users ordering two canisters of the Appetizer Diet for a
total of 3,600 Bonus Points.
$ 710
$ 720
$1,430
Retailers Bonus
Platinum Bonus
Weekly Bonus
. . . that’s $74,360 a year in extra paychecks!
And that doesn’t even count the money you could earn from the free bonus canisters of the
Appetizer Diet and the free bonus bottles of Vi-Gest!
VITA ENHANCED WATER is our unique and proprietary " alkalizing
biodelivery system". It creates "better water for a better life".
VITA ENHANCED WATER is our unique and proprietary “alkalizing biodelivery system". It creates "better
water for a better life".
It offers some wonderful benefits:
Want to see how much more you could earn with your free bonuses?
With 90 customers ordering a week – that’s a total of 180 canisters of the Appetizer Diet.
You could earn 36 free canisters of the Appetizer Diet every week. If you sold them, that
would be:
An extra $1,078.20 a week.
. . . that’s an extra $56,066.40 a year!
And, you could earn an extra 36 bottles of Vi-Gest if you were on autoship. If you sold
them, that would be:
An extra $898.20 a week.
. . . that’s and extra
$46,706.40 a year!
Let’s add up the total potential here for acquiring just one good customer a day:
$ 74,360.00 Weekly bonuses
$ 56,066.40 Sales of bonus canisters of Appetizer Diet
Sales of bonus bottles of Vi-Gest
$ 46,706.40
$177,132.80Total yearly potential
§
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§
§
§
§
§
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increases hydration*
enhances nutrient delivery*
serves as an alkalizing agent*
assists with toxin elimination*
a free radical scavenger*
serves as a soothing agent for burns, cuts, scrapes, bruises, etc. for people and pets*
great for plants, cut flowers*
great in the fishbowl*
WHAT IS VITA ENHANCED WATER?
Vita Enhanced Water is Vitacorp International's proprietary "catalyst altered water"
formulation. It includes purified deionized water, sodium metasilicate, castor oil, calcium chloride and
magnesium sulfate. When this specialized blend is added to purified or distilled water (must have the
heavy metals like lead removed), a micelle is created which in turn creates the catalyst that impacts the
molecular structure of the water. A micelle is a very small, high energy atomic particle that has a very
powerful negative magnetic field. This creates what we call a "wetter" water by lowering the surface
tension of the water molecule.
This "wetter" water is considered a surfactant agent, which is capable of increasing a substance’s
absorbability--this is why you are directed to tell your physician or health care professional that you are
taking the Vita Enhanced Water and medications at the same time. The "wetter water" creates a more
efficient nutrient delivery system within the body and allows waste materials to be carried away from the
cells more efficiently--CREATING THE OPPORTUNITY FOR BETTER HEALTH.
Water is essential to life. Every biochemical process in the body depends on it. Vita Enhanced Water
through its molecular and alkalizing impact simply creates an "improved" water with an alkaline pH which
allows the body to seek the proper pH level and electrolyte balance. This allows for improved biological
function, which contributes to overall better health.
. . . and that is without sponsoring a single affiliate!
VITA ENHANCED WATER--BETTER WATER FOR BETTER HEALTH
Just think of what your bonuses could be if you sponsored just a few of these customers as
affiliates?
The Appetizer Diet opportunity is huge! Take advantage of it now.
$16.95 Bottle (Net Wt. 8 FL. OZ.)
$169.50 / 12 Pack (Buy 10 get 2 FREE)
Need more information on how to qualify for bonuses call Paul & Kim Hoffman.
Office 620-278-2900, Cell phones 620-960-2118 or 620-727-2192
Supplemental
Supplemental
15 of 100
16 of 100
Can losing weight be as simple as picking the right appetizer? It can… with the Appetizer Diet!
The Appetizer Diet is a breakthrough beverage that helps reduce your cravings for
fattening foods. It’s a simple, one-step solution to meet your weight management goals. Try it today and
taste the difference.
Two Powerful Forms of Calcium
Every day, your body per forms functions that rely on calcium for success. Calcium is essential to good health. That’s why more and more
people are searching for an effective calcium supplement. Vitacorp’s Coral Calcium+ with EnZact 77k™ is the answer. This exclusive
formula delivers two powerful forms of calcium: coral calcium and amino acid chelate calcium from eggshell.
What does it taste like? How does it work?
The Appetizer Diet shake has a delicious fruit punch flavor, and each glass is only 80 calories. Drink a
shake about 30-45 minutes before your meal as an “appetizer,” and you will experience the benefits
when you eat! Your cravings are reduced, you feel fuller for longer, and you feel satisfied with fewer
calories.
How It Works
Why does coral have such a reputation as a health supplement able to deliver numerous health improvements? Coral contains high
amounts of calcium and virtually every mineral found in the human body—and in similar proportions as those found in the human body,
too. We cannot always get the minerals from our food source. In fact, much of the soil used in food production is mineral depleted.
Coral minerals may be one of the most effective ways to put minerals into the blood because of the high absorbability of the minerals. Coral minerals
are a full spectrum, organic, ionic, synergistic blend of seventy-four minerals.
What’s the secret?
There’s no secret, just solid science. The Appetizer Diet taps into the latest research on the weight
management benefits of soy, soy protein and fiber. It takes advantage of consumer research, too: people
are tired of elaborate, overly-complicated diets. They want a simple, convenient answer to their needs.
That’s what the Appetizer Diet delivers.
Trying to manage your weight and balance a busy schedule? Even when you’re doing the right things—like exercise, eating the
right foods, and taking the right supplements—you still need that extra something to bring it all together. Now, all it takes is
adding an appetizer to every meal: the Appetizer Diet!
Supplement Facts
Suggested Use: 1 scoop (21 g) in 8oz./250 ml of a cold
beverage and stir vigorously. Drink approximately 30 minutes
before each meal. May need to drink more fluid.
Serving Size: 1 Scoop (21 g)
Servings Per Container: 30
Amount Per Serving
% DV
Calories
80 Total Fat
0 g
Saturated Fat
Cholesterol
Sodium
Total Carbohydrate
Dietary Fiber
0%
0 g
0%
0 mg
0%
80 mg
0%
17 g
0%
5 g
20%
OTHER INGREDIENTS: Fructose, Fiber Blend of (Psyllium Seed
Husk, Gum Arabic, Oat Fiber, Guar Gum and Pectin), Soy Protein
Isolate, Beet Juice Power, Fos (Fructooligosaccharides), Natural
and Artificial Flavor, Citric Acid, Cellulose, Beta Carotene,
Sucralose.
Warning: Taking without sufficient fluids can result in
complications. Gastrointestinal discomfort is normal when adding
fiber to your diet and will subside in time.
* These statements have not been evaluated by the Food and
Drug Administration. This product is not intended to diagnose,
10 g Sugar
Protein
Vitamin A
Vitamin C
Calcium
Iron
Lifelong vitality... Coral calcium is the hottest source for one of the minerals most
critical to your body’s health. Vitacorp’s Coral Calcium+ combines 1 gram (1000 mg) of
pure coral with amino acid chelated eggshell calcium, Vitamin D3, magnesium,
potassium and boron per serving. The formulation is super-charged by the addition of
EnZact 77k™, Vitacorp’s exclusive enzymatic activation and delivery.
4 g
0%
0%
0%
8%
$29.95 Canister
$299.50 / 12 Pack (Buy 10 get 2 FREE)
Coral Calcium
Our coral calcium is harvested from eco-friendly “above sea” sources in Okinawa. Many experts believe that the longevity of the people of Okinawa
can be traced to the water they drink—rich in calcium and other minerals thanks to being filtered through the coral beds. We archaeologically harvest
only the pristine white coral heads in an ecologocially sound process that does not touch or alter the fragile state of the coral reefs and ocean
environment. After it is collected, the coral is ground to a micron size to facilitate absorption and then purified.
Amino Acid Chelate Calcium
Our amino acid chelate calcium is processed from eggshell using a chemicalfree, patented process that produces custom particle sizes for maximum
absorption! The resulting amino acid chelate contains more than a dozen amino acids, including Glutamic Acid, Proline, Lysine, Valine, Threonine,
Leucine, Isoleucine, Tyrosine, Aspartic Acid, Arginine and Alanine. In fact, the quality of our amino acid chelated eggshell calcium is so high that it
meets the tough leadfree requirements of California’s Proposition 65.
Serving Size: 4
Amount Per Serving
17 of 100
Inactive Ingredients: Dicalcum Phosphate, Microcrystallne Celluloser Sodium, Steric Acid, Croscarmellos
Sodium, Silicon Dioxde.
Precautions:
Calcium
(Coral 1000mg/Amino Acid chelate from eggshell
1650 mg)
1
1000mg
* These statements have not been evaluated by the Food and Drug Administration. This product is not
intended to diagnose, treat, cure, or prevent any disease.
100%
73 Shale Minerals
20mg
+
Vitamin D3
(Cholecalecferol)
400mg
100%
Magnesium
(Glycinate Chelate/citrate)
400mg
100%
Zinc (Citrate)
5mg
33%
Potassium Chloried
100mg
2%
Boron (Proteniate)
0.2mg
+
Phosphorus
(tricalcium phosphate, hydroxyapatite, dicalcium
phosphate)
72mg
7%
Strontium
0.33mg
+
EnZact 77k™
(bioactive enzyme complex)
10mg
+
+ Percent Daily Values are based on a 2000
Supplemental
% DV
Total Calories
+ Daily Value not established
0%
Suggested Use: As a dietary supplement, take four to eight caplets per day, preferably in divided doses.
Supplement Facts
Supplemental
$19.95 Bottle
$199.50 / 12 Pack (Buy 10 get 2 FREE)
18 of 100
Infra Structure... With Naturflex™ Joint Support, you can go the distance! When you
push your body, you want it to respond. Don't let weak, aching joints get in the way.
Naturflex™ delivers maximum joint support through a leading-edge blend of nutritional
ingredients that improve overall function and target specific mechanisms responsible for
healthy joints.
Healthy
The VitaOne™ Multi-Nutrition Pack sets a new standard for better living. Just one (1) packet a day delivers the
vitamins, minerals, antioxidants, concentrated green nutrients, enzymes and essential fatty acids your body
needs. In just thirty days, you should feel the benefits!*
Selected Benefits:
Improves joint function*
Simplicity
Change your life without changing your lifestyle! VitaOne™ fits seamlessly into your daily schedule. Start your
morning with a packet of VitaOne™ and enjoy the benefits for the rest of the day. When you travel, take a few
packets with you. Better health has never been so convenient and simple!
Protects cartilage*
Supports immune function*
VitaOne™….Your One Source Solution for a Healthy Life!
Supports cells and tissue*
Supplement Facts
Each Naturflex™ dry powder caplet delivers nutritionals like glucosamine sulfate and chondroitin sulfate that
protect cartilage and promote healthy joints.* These ingredients are carefully balanced with Type ll Collagen -a genetically distinct form of collagen that responds well to enzyme action; MSM, a major form of sulfur;
Uncaria Tomentosa (Cat's Claw) for immune support; Bromelain, a sulfur-containing enzyme essential to good
recovery; the powerful antioxidant Turmeric extract; a 50% Boswellia extract; the supportive amino acid, LGlutamine and Ginger Rhizome extract.* All of this is combined in a base of nutrient dense, green super food
Hydrilla Verticillata. Naturflex™ also features EnZact77k™, our exclusive enzymatic activation and delivery
system.
Suggested Use: One (1) packet a day meets the
nutritional needs of individuals 12 years old and above.
When strenuous physical exercise is anticipated, consider
two (2) packets a day in divided doses.
Serving Size: 1 packet
Amount Per
Serving
% DV
Calories
Suggested Use: As a dietary supplement, take three
caplets daily, preferably in divided doses.
Serving Size: 3
Amount Per Serving
% DV
6
3 gm
300 mg
150 mg
1500 mg
300 mg
150 mg
750 mg
225 mg
150 mg
<1%
<1%
<1%
*
*
*
*
*
*
75 mg
*
150 mg
75 mg
75 mg
187.5 mg
*
*
*
*
30 mg
*
OTHER INGREDIENTS: DICALCIUM PHOSPHATE,
STEARIC ACID, MICROCRYSTALLINE CELLULOSE,
CROSCARMELLOSE SODIUM, SILICON DIOXIDE,
PHARMACEUTICAL GLAZE COATING.
BIOACTIVITY.
<1 gm
<1%
Carbohydrates
130 mg
<1%
Fiber
500 mg
30%
Vitamin A
(Mixed Carotenoids 1000, Acetate 2500)
Beta Carotene
Vitamin C (Ascorbic Acid 300 mg, Calcium
Ascorbate 135 mg)
ENZACT 77K™ IS A BIOACTIVE ENZYME COMPLEX THAT
PROMOTES NUTRIENT BIOAVAILABILITY AND
*
Warning: If you are pregnant or nursing, consult your
healthcare professional before using Naturflex™. Do not
use this product one week prior to organ transplant or if
you are taking immune suppressing drugs. Due to
glucosamine sulfate, diabetics should monitor blood sugar
levels.
725%
200 IU
50%
Vitamin E
(d-alpha-tocopherol acetate 100 IU, d-alphatocopherol succinate 60 IU)
160 IU
533%
Thiamin (Thiamin HCL)
30 mg
2000%
Riboflavin (Riboflavin)
30 mg
1764%
Niacin (Niacinamide 15 mg, Niacin 15 mg)
30 mg
150%
Vitamin B6 (Pyridoxine 10 mg and Pyridoxal-5Phosphate 10 mg)
20 mg
1000%
Pantothenic Acid (Calcium-d-Pantothenate)
Choline (Choline Bitartrate)
Biotin (1% Trituration)
Lutein (extract @ 5%)
$39.95 Bottle
210 mcg
300%
75 mcg
100%
75 mg
2%
Magnesium (Oxide, Glycinate)
100 mg
25%
Calcium (Carbonate, Citrate)
100 mg
10%
Capsicum
2.5 mg
*
Rose Hips
2.5 mg
*
Chamomile
2.5 mg
*
Phosphorus
50 mg
5%
Alpha Lipoic Acid
10 mg
*
30 mg
*
Molybdenum (Aspartate)
Potassium (Potassium Chloride)
N-Acetyl-L-Cysteine
Citrus Bioflavonoids
85 mg
*
Turmeric (95% Curcuminoid)
100 mg
*
Grape Seed Extract (95% Proanthocyanidins)
150 mg
*
Polyphenol Extract (40% Catechins) (Decaf)
115 mg
*
Quercetin
25 mg
*
Gamma Oryzanol
25 mg
Bromelain
75 mg
Trace Minerals
10 mg
*
Barley Grass Juice and Fiber Concentrate
200 mg
*
Wheat Grass Juice and Fiber Concentrate
200 mg
*
Acerola Berry
150 mg
*
100 mg
*
Nova Scotia Dulse
50 mg
*
Royal Jelly
50 mg
*
Spirulina Algae
150 mg
*
Cruciferous Blend of Cabbage, Broccoli Sprouts and
Kale
100 mg
*
Fungal Amylase (10,000 SKBU)
100 mg
*
Endo-Amylase (120,000 MWU)
100 mg
*
10 mg
*
6 mg
*
Acid Protease (100SAP)
50 mg
*
Endopeptidase (fungal protease) (25,000 HUT)
50 mg
*
Endo Peptidase (120 NU)
50 mg
*
Lipase (1,200)
15 mg
*
Cellulase (20 CU)
20 mg
*
60 mg
*
520 mg
*
Betaine (HCL)
Soy Lecithin (Phosphatides 61%)
*
83%
PABA-USP
30 mg
*
Inositol
50 mg
*
Zinc (Aspartate and Glycinate)
15 mg
100%
1 mg
50%
Supplemental
3 mg
150%
75 mcg
50%
120 mcg
100%
CellRich™ (gold caplet)
Powerful free radical scavengers and antioxidants
combined in a bioavailable formula.
VitaGreens (olive green caplet)
Super-concentrated green food.
Vi-Gest (white caplet)
Perfect enzyme blend aiding digestion and
absorption of foods and vital nutrients.
Phospholipids (golden softgel capsule)
Superior source of essential fatty acids, the major
component in most cell membranes.
Beta-Carotene (small reddish gelcap)
Superior antioxidant supporting visual acuity,
immune activity, growth, development, reproduction
and skin and nervous system membranes.
VitaOne™ delivers:
Maximum green food nutrition.*
Optimum protection against environmental
pollutants and stress factors.*
Facilitates breakdown of carbohydrates, fats,
proteins, milk products, sugars and fibers.*
Supports circulation, liver function, digestion, and
immune system.*
Much more!
OTHER INGREDIENTS: Dicalcium Phosphate, Stearic
Acid, Microcrystalline Cellulose, Croscarmellose Sodium,
Warning: Consult your healthcare professional if you are
pregnant or nursing. If you are taking Tegretol
(Carbamazepine), nitroglycerine or chemotherapy drugs,
let your healthcare professional know that this product
contains N-Acetyl-L-Cysteine.
* These statements have not been evaluated by the
Food and Drug Administration. This product is not
intended to diagnose, treat, cure, or prevent any
disease.
20 of 100
SUPER SOY
Silicon Dioxide, Soybean Oil, Chlorophyllin Coating,
Pharmaceutical Glaze Coating, Gelatin, Glycerin,
Beeswax, Lecithin.
Soy is an EXCELLENT choice for protein that can help us reach and maintain our weight loss goals.
SOY. . .
• Impacts our fat storage.
• Supports lean muscle mass.
• Supports our metabolism.
• Helps us feel full.
• Helps give us more energy.
Soy satisfies the appetite. It slows the digestion of food so we are not as hungry as soon. It
impacts our normal cholesterol levels, blood sugar levels, and metabolism. It impacts binge eating
and constipation.
50 mg
Hydrilla Verticillata (Rooted Algae)
Lactase (600 FCC)
40 mg
250 mcg
Primalux (2 dark green caplets)
A scientifically superior, bioavailable blend of target
nutrients. Prevention Magazine
“The Fiber Revolution”
Chlorella
Invertase (800 SU)
600%
*
Chromium (Nicotinate)
Selenium (Seleno-l-methionine, Selenium Aspartate)
100%
*
Iodine (Kelp)
19 of 100
1000%
60 mg
2 mg
Manganese (Gluconate)
60 mcg
400 mcg
100 mg
Lemon Bioflavonoids
Copper (Gluconate)
Supplemental
70%
225%
435 mg
Folic Acid
3500 IU
11,250 IU
Vitamin D3 (Cholecalciferol)
Vitamin B12 (Cyanocobalamin 0.10%)
* These statements have not been evaluated by the Food
and Drug Administration. This product is not intended to
diagnose, treat, cure, or prevent any disease.
One packet includes:
8
Fat
Supplement Facts
Calories
Fat
Carbohydrates
Fiber
Glucosamine Sulfate
Chondroitin Sulfate
Type II Collagen
MSM
Boswellia Extract 50%
Turmeric Rhizome Extract 8:1
Uncaria Tomentosa Extract (Cat’s
Claw)
Bromelain
L-Glutamine
Ginger Rhizome Extract 2%
Hydrilla Verticillata Base
EnZact 77K™ (bioactive enzyme
complex)
Healthy Simplicity... VitaOne™—a breakthrough in daily nutrition! Now, you have the power to
transform your health with just one (1) packet a day. VitaOne™ is the essence of “healthy
simplicity.”
Helps to Prevent Cancer of the Breast, Prostate, Colon and Uterus (Endometrium)
Several recent scientific studies have shown that a regular intake of traditional soy foods may help to prevent breast
cancer, prostate cancer and colon cancer. One recent study related to soy products and prostate cancer determined that:
"...soy products were found to be significantly protective ... with an effect size per kilocalorie at
least four times as large as that of any other dietary factor."
Researchers believe that the cancer protective effects from soy are due to the group of plant chemicals known as
isoflavones, particularly genistein and daidzein. It is theorized that these isoflavones prevent cancer by inhibiting the
growth of existing tumor cells (as opposed to preventing the development of tumor cells).
One epidemiological study showed that individuals who had high amounts of soy isoflavones measured in their urine
(signifying that they had a regular intake of soy foods) had approximately one-half the breast cancer risk of those who had
low amount of measured soy isoflavones in their urine.
+ Percent Daily Values are based on a 2000
* Daily Value not established
$39.95 Box (30-day supply)
$319.50 / 12 Pack (Buy 10 get 2 FREE)
Colon cancer rates (like breast and prostate cancers) are very low in countries with higher intakes of traditional soy
products. Controlled scientific research related to soy products and colon cancer is still in the preliminary stages. One
study in Hawaii found that vegetable fiber and certain vegetables and legumes (including soy products) help to lower the
risk of colon cancer.
One study in Hawaii found soy product intake associated with lower risk of endometrial cancer. However, the effecs of soy
and legumes were limited to women who had never been pregnant and never used estrogens. Other aspects of the diet
lowered the risk as well, including vegetables grains, sea vegetables, and fruits.
Helps to Prevent Heart Disease
It is known that in countries were traditional soy products are ingested regularly, the rates of cardiovascular diseases is
low. There is some research that suggests that soy foods may help to prevent heart disease by reducing total cholesterol,
low density lipoprotein cholesterol, blood pressure and possibly preventing plaque buildup in the arteries (atherosclerosis).
It is believed that the isoflavones from soy foods are the primary factors involved in these beneficial health effects.
Supplemental
21 of 100
Supplemental
22 of 100
May Help to Prevent Osteoporosis
BREAKTHROUGH SERVICES
One cup of tofu contain approximately 20% (204 mg) of the U.S. Recommended Dietary Allowance (RDA) for calcium
intake (1000 mg) for adults 19-50 years old. Tempeh contains approximately 15% (154 mg) of the RDA. Soy Milk is not
quite as good a source of calcium according to the USDA nutrient charts. In most countries, calcium intake is well below
the RDA figures and there are little problems with osteoporosis largely because of the regular physical activity (esp.
weight-bearing exercise) in these countries. Therefore, a moderate intake of soy products such as tempeh and tofu along
with regular exercise may help prevent osteoporosis.
Another factor in the possible effectiveness of soy to prevent osteoporosis may be its content of the group of plant
chemicals known as Isoflavones. Several studies have suggested that the isoflavones in soy products may be a factor in
helping to prevent bone loss. In fact, one study in animals showed that soy intake may be as extremely effective in
suppression of bone loss. However, preliminary results from human studies appear to indicate that the benefit may not be
as great in humans.
http://www.ivitacom.com
Vitacorp International has researched and found the best long distance plan tailored to meet the needs of
distributors, businesses, and basically anyone who owns a phone. The service is provided through
Lightyear Communications, Inc.
May Help to Prevent or Alleviate Menopausal Symptoms
There is some scientific evidence that soy products may help to prevent or alleviate menopausal symptoms. However, the
research is still in a preliminary stage.
http://www.soyinfo.com/benefits.shtml
•
•
•
•
•
•
Earn BP equal to 10% of your long distance phone bill.
4.4 cents per minute on all Interstate calls (24 hours per day and 365 days per year)
Low monthly fee of $1.95
Fantastic, low in-state and International rates, too!
Each toll-free call is only 5.4 cents per minute, day or night, from anywhere in the continental U.S.
and a low monthly service charge of $1.95.
Receive a 9.9 cents Calling Card with no additional charges. (A 26 cents fee per cal is an FCC mandated
charge when the call originates from a payphone.)
http://www.vitacorp.com/isp.asp
•
•
•
•
•
•
•
•
•
•
•
Breakthrough Internet service for $17.95 per month.
Earn 6 BP each month on your service and the service of all your customers!
One low rate with unlimited access
Over 25,000 unique dial-up numbers nationwide
Simple sign-up online
No contracts
5 e-mail accounts
5 MB e-mail box size
Customer service 24 hours per day / 7 days per week
Technical support 24 hours per day / 7 days per week
Choice of filtered or un-filtered Internet access (Our system will filter out up to 15 different categories of
inappropriate web content at the server level. Different levels can be set for different users.)
Supplemental
23 of 100
Health & Sports Nutrition
Page 1 of 4
HEALTH and SPORTS NUTRITION
Home
More Great Products
BREAKTHROUGH
BENEFITS
ORAL CHELATION
TESTIMONIES
Supplemental
Page 2 of 4
Recent studies actually verify these phenomenona. Japanese
scientists have isolated a substance in Limu Moui that
promotes healthy living, seems to slow down the aging
process, and fights a myriad of diseases. This substance is
called fucoidan. A large number of recent scientific studies
have shown fucoidan fights against cancer formation,
development, and growth. Other research also indicates that
fucoidan can be used for many other ailments common in
today’s world.
The Adaptogenic Breakthrough
Welcome to our web site!
On this home page, we'll introduce our business and highlight important
areas on our site.
THE ORIGINAL LIMU PLUS WITH RUSSIAN ADAPTOGENS
Vitacorp is proud to introduce Limu Plus .We have taken the
pure goodness of Tongan Limu Moui and charged it with
additional advanced Russian Adaptogens to create the premier
limu product on the market.* Others offer limu moui
supplements, but only Vitacorp offers Limu Plus—the best of
nature and science combined!
Here we may display a picture of
this month's feature:
"NEW" THE BEST OF
NATURE AND SCIENCE
COMBINED!
One of nature’s health secrets has been discovered in the
waters off the coast of the Pacific island of Tonga. Here in this
lush tropical paradise, untouched by industry and unspoiled by
pollution, natives have known the energizing benefits of the
sea plant they call limu moui.*
They found that when an individual was stressed, their adrenal
gland produced a hormone in excess called cortisol. Cortisol is
highly toxic and attacked muscle mass, attacked the organs,
diminished their strength, recovery time was longer and their
focus was reduced.
Fucoidan
Limu Moui has been a vital source of food and commerce for
many coastal peoples. Not surprisingly, some of these people
credit the plant for their long lives. Many Tongans, for instance,
stay robust, full of life and vigor, without suffering the effects of
disease normally associated with aging. If you were to ask for
their secret, chances are the Tongan people would direct you
to Limu Moui as the reason for their good health.
Here's How It Works
In Japan, sea plant dishes like kombu and wakame are well
known, but a lesser known dish call mozuku shares a common
characteristic with Limu Moui. The people in the regions of
Japan where mozuku is used enjoy longer lives and lower
incidences of cancer when compared to counterparts in other
parts of Japan.
INTESTINES: 60% of our
immune system resides in
our intestine and 80 to 90%
of those who suffer from
intestinal problems also have
allergies. If you "fix" the
Adaptogen Formula
They put 1,200 scientists to the task. They conducted over
3,000 studies with 500,000 people. Their research went on for
45 years.
But Limu moui is no ordinary plant. In addition to being packed
with the vitamins, minerals and other life-giving substances
that have made kelp such a health food staple, limu moui is
particularly rich in Fucoidan, which according to research may
lend extraordinary support to the body’s immune functions.*
Supplemental
Simply put, limu moui is an “adaptogenic” plant. Adaptogens
are a rare class of plant first identified by Russian scientists in
their quest for the key to improved human performance.
According to these researchers, they help restore the body’s
overall capacity for exertion and resistance to stress.* As more
people in the West learn about this exciting science, the
interest in advanced adaptogens increases.
Recognizing the adaptogenic potential of limu moui, Vitacorp
asked the question, what would happen if we reinforced this
traditional Tongan source of Fucoidan with a complex of
advanced adaptogens?* The answer was a breakthrough
product like no other!
During the mid 1950’s the Soviet government chartered their
Academy of Sciences with the task to develop a product that
would enhance the performance of their elite (i.e. Olympic
athletes, Bolshoi Ballet, World Class Chess Players, and
Cosmonauts). They had three key criteria. The product had to
be totally non-toxic to human cells, help abnormal unhealthy
cells get back to a healthy state and to help the body adapt to
stress.
The secret of Limu Moui
It also diminishes the immune system.
To PLACE ORDER
Customer Log in USE
#334112 (click on picture)
25 of 100
The scientists went to work and decoded thousands of plants.
They found 12 very rare plants in the far eastern Russian area
called the Primorye. These plants would provide the basis for
achieving their three objectives as well as control the excess
production of cortisol. They coined the term “ADAPTOGEN” for
those plants. Their elite were mandated to take the adaptogen
extract every day. One of their studies was with an automobile
factory with 4,000 workers. They had a very high incidence of
absenteeism due to sickness. Over a 7 year period they
reduced their absenteeism by 92.5%. If you took all the
Olympic athletes in the 1996 Olympics that were taking the
Supplemental
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digestive system, you help
"fix" your immune system.
Limu Moui is very beneficial
to the digestive system.
CHOLESTEROL: Cholesterol is
made in the liver, so if you
can keep the liver clean it will
help with cholesterol. Limu
Moui helps in the cleaning of
the liver.
CANCER: Limu Moui helps
make cancer cells pop (selfdestruct) and stop cell
division. The Harvard School
of Public Health says:
"Fucoidan in Limu Moui
reduces plasma cholesterol
and the building of
dangerous steroids in breast
tissue."
BLOOD SUGAR: Fucoidan
coats the GI system, helping
guard against blood sugar
problems.
ARTHRITIS: Limu Moui
lubricates joints and helps
with pain of arthritis.
BLOOD PRESSURE: Limu
Moui addresses all three
areas that affect blood
pressure, for which people
normally have to take
different medications.
MOOD DISORDERS: Mood
disorders are affected by
essential fatty acid
deficiency, which is
replenished by Limu Moui.
For ADD/ADHD affected kids:
Have them drink Limu Juice!
*Taken from the book Limu
Moui Prize Sea Plant of Tonga
and the South Pacific by Rita
Elkins, M.H. Rita recently coauthored Soy Smart Health
with New York Times’ Bestselling author Neil Solomon,
M.D.
26 of 100
Page 3 of 4
adaptogen formula and made them a country, they would have
come in 4 th overall.
We are working with the Russian Academy of Sciences on the
harvesting and extraction process today. THERE IS NO
BETTER PRODUCT TO HELP ELIMINATE THE DAMAGING
EFFECTS OF STRESS. T Cell counts go up, immune system
is stronger, focus is better, sleep better, disposition is better,
increased strength, faster recovery times, and an all
encompassing feeling of better wellness.
We have formulated a new product that will address the
worldwide stress level. This product has a nucleus of the 6
most powerful adaptogens blended with Limu Moui, aloe vera,
enzymes, minerals and many other nutrients. You take 1
ounce per day of the formula.
Professional baseball, football, hockey, soccer, track, and
karate stars have been quietly taking the product for decades.
We are now taking it to the masses in this new formula.
To create a breakthrough like Limu Plus demands the highest
standard of raw material and manufacture. Working with our
friends at Vitarich Laboratories, the leading manufacturer of
high quality nutritional supplements in the world, Vitacorp
delivers the best!
Our limu moui is harvested by hand to make sure that only the
best material is selected, and that the process is friendly to the
Tongan ecosystem. Then it is carefully processed to preserve
its beneficial essence. Our adaptogenic plants are selectively
harvested at the exact point during the growing season to
insure peak potential, and then, to harness their potency, they
are processed by experts with more than 30 years experience.
These ingredients are formulated under the legendary
production standards of Vitarich Laboratories using state-ofthe-art technology. That’s why we call Limu Plus the best of
nature and science combined. With Limu Plus, you are
guaranteed the finest ingredients and formulation on the
market today.
* These statements have not been evaluated by the Food and
Drug Administration. This product is not intended to diagnose,
Please get in touch to offer comments and join our mailing list for special announcements from time to time!
You can e-mail us at:
[email protected]
Supplemental
27 of 100
Vitarich\Health & Sports Nutrition.htm J.R. Holloman & Associates * Englewood, CO * US *80113
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such deceptive and unfair trade practices, and that the Court issue an injunction and
monetary damages for its illegal and tortious conduct.
JURISDICTION AND VENUE
2. This Court has jurisdiction under 28 U.S.C.
and
in that this case
a-ises under the Federal trademark infringement and false designation of origin laws, 15 U.S.C.
1051
seq., as more fully appears, and because the named defendant is actively conducting
business in this District, because the named defendant has substantial and direct contacts with
this forum, and because a substantial part of the events or omissions giving rise to the claims
of herein occurred and are occurring within this judicial district. Subject matter
jurisdiction over those claims that arise under state law is based on the principles of
jurisdiction set forth in 28 U.S.C.
1367, and the provisions of 28 U.S.C.
as an action asserting a claim for trademark infringement and unfair competition joined
a substantial and related claim under the Federal trademark laws
3. Venue is proper in the Northern District because under
in that plaintiff Dr.
works with an affiliated company headquartered in Santa Clara, California, within this
judicial district; because a named plaintiff,
Rath, Inc., is headquartered in Santa Clara,
within this judicial district; because the named defendant is actively soliciting
business and doing business with persons residing in the Northern District of California, and
therefore this named defendant resides in the Northern District; because, on information and
belief, a substantial part of the conduct, events or omissions giving rise to the claims arose in the
Northern District of California.
PARTIES
4. Plaintiff Dr.
Rath ("Dr. R a t h ) is a medical doctor and citizen of Germany
who is a prolific writer and a proponent of vitamins and food supplements as a means of
promoting good health. Rath's main place of business is located at 34 Bree Street,
Floor,
Cape Town 80001, South Africa.
Complaint
Case No.
EXHIBIT 15 C
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GPSUIFSFTUPGUIFEBZ8IFOZPVUSBWFMUBLF
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OFWFSCFFOTPDPOWFOJFOUBOETJNQMF
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Supplemental
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JODSFBTJOHBTVCTUBODFTBCTPSCBCJMJUZUIJTJTXIZZPVBSFEJSFDUFEUP
UFMMZPVSQIZTJDJBOPSIFBMUIDBSFQSPGFTTJPOBMUIBUZPVBSFUBLJOHUIF
7JUB&OIBODFE8BUFSBOENFEJDBUJPOTBUUIFTBNFUJNF5IFiXFUUFS
XBUFSwDSFBUFTBNPSFFGGJDJFOUOVUSJFOUEFMJWFSZTZTUFNXJUIJOUIFCPEZ
BOEBMMPXTXBTUFNBUFSJBMTUPCFDBSSJFEBXBZGSPNUIFDFMMTNPSF
FGGJDJFOUMZ$3&"5*/(5)&0110356/*5:'03#&55&3)&"-5)
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EXHIBIT
71 of 100
$PSBM$BMDJVN
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HPPEIFBMUI5IBUTXIZNPSFBOENPSFQFPQMFBSFTFBSDIJOHGPSBOFGGFDUJWFDBMDJVNTVQQMFNFOU
7JUBNBSLT$PSBM$BMDJVNXJUI&O;BDULJTUIFBOTXFS5IJTFYDMVTJWFGPSNVMBEFMJWFST
UXPQPXFSGVMGPSNTPGDBMDJVNDPSBMDBMDJVNBOEBNJOPBDJEDIFMBUF
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GPVOEJOUIFIVNBOCPEZBOEJOTJNJMBSQSPQPSUJPOTBTUIPTFGPVOE
JOUIFIVNBOCPEZUPP8FDBOOPUBMXBZTHFUUIFNJOFSBMTGSPNPVS
GPPETPVSDF*OGBDUNVDIPGUIFTPJMVTFEJOGPPEQSPEVDUJPOJT
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Supplemental
72 of 100
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4PNFUJNFTJUGFFMTMJLFZPVSCPEZTFFNTUPIBWFBNJOEPGJUTPXO
7JUB8PNBOIFMQTZPVUBLFCBDLDPOUSPMPGZPVSMJGF8IFUIFSZPVBSF
FYQFSJFODJOHIPSNPOBMJNCBMBODFNFOPQBVTFPSKVTUCBUUMJOHUIFNPOUIMZ
EJTDPNGPSUPG1.47JUB8PNBOIFMQTSFTUPSFZPVSOBUVSBMFRVJMJCSJVN
5IFJNNVOFTZTUFNJTZPVSCPEZTGJSTUMJOFPGEFGFOTF
4VQQPSUJUXJUI7JUB.VOFBSFNBSLBCMFOFXQSPEVDUGSPN
7JUBNBSLUIBUDPNCJOFTUIFQBUFOUFE*NNVOP1FQUJEF
GPVOEJOUIFOBUVSBMJNNVOFTUSVDUVSFPGTIBSLTXJUI
QVSFTIBSLDBSUJMBHFUPQSPWJEFBEJFUBSZTVQQMFNFOUUIBU
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7JUB.VOFPGGFSTBOBUVSBMBQQSPBDIUPJNNVOFTZTUFN
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OPDIFNJDBMTPSBEEJUJWFT
t 6OMPDLZPVSPXOOBUVSBMEFGFOTFTZTUFN
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Supplemental
EXHIBIT
73 of 100
GPSGVSUIFSJOGPSNBUJPOPO7JUB8PNBOBOE7JUB.FO
Supplemental
EXHIBIT
74 of 100

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EXHIBIT 15
- Vitarich Farms / Vitarich Labs / Vitacorp
75 of 100
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Supplemental
EXHIBIT 15 - Vitarich Farms / Vitarich
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Labs / Vitacorp
76 of 100
Limu Plus with Russian Adaptogens, Limu Moui from Tonga, Tongan Limu
Limu Plus
Pure Tongan Limu Moui With Russian
Adaptogens
Limu Plus
Contact Marty
Limu Plus With
Pure Tongan
Limu Moui and
Russian
Adaptogens - the
stress buster!
Home
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Order Limu Plus
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Product Catalog
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European Affiliate
VitaMark is proud to
introduce Limu Plus. We
have taken the pure
goodness of Tongan Limu
Moui and charged it with
additional advanced
Russian Adaptogens to
create the premier limu
product on the market.*
Others offer limu moui
supplements, but only
VitaMark offers Limu Plus—the best of nature and science combined!
The secret of Limu Moui
One of nature’s health secrets has been discovered in the waters off the
coast of the Pacific island of Tonga. Here in this lush tropical paradise,
untouched by industry and unspoiled by pollution, natives have known the
energizing benefits of the sea plant they call limu moui.*
Supplemental
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77 of 100
But Limu moui is no ordinary plant. In addition to being packed with the
minerals
and
other
life-giving
substances that have
Supplemental vitamins,
EXHIBIT
15 - Vitarich
Farms
/ Vitarich
Labs / Vitacorp
78 ofmade
100 kelp
http://www.mlmsuccessnow.com/limu_moui_plus_russian_adaptogens.html (1 of 4)4/29/2005 10:07:11 AM
They found that when an individual was stressed, their adrenal gland
produced a hormone in excess called cortisol. Cortisol is highly toxic and
attacked muscle mass, attacked the organs, diminished their strength,
recovery time was longer and their focus was reduced. It also diminishes
the immune system.
such a health food staple, limu moui is particularly rich in Fucoidan,
which according to research may lend extraordinary support to the body’s
immune functions.*
Fucoidan
The scientists went to work and decoded thousands of plants. They
found 12 very rare plants in the far eastern Russian area called the
Primorye. These plants would provide the basis for achieving their three
objectives as well as control the excess production of cortisol. They
coined the term “ADAPTOGEN” for those plants. Their elite were
mandated to take the adaptogen extract every day. One of their studies
was with an automobile factory with 4,000 workers. They had a very high
incidence of absenteeism due to sickness. Over a 7 year period they
reduced their absenteeism by 92.5%. If you took all the Olympic athletes
in the 1996 Olympics that were taking the adaptogen formula and made
them a country, they would have come in 4th overall.
Limu Moui has been a vital source of food and commerce for many
coastal peoples. Not surprisingly, some of these people credit the plant
for their long lives. Many Tongans, for instance, stay robust, full of life
and vigor, without suffering the effects of disease normally associated
with aging. If you were to ask for their secret, chances are the Tongan
people would direct you to Limu Moui as the reason for their good health.
In Japan, sea plant dishes like kombu and wakame are well known, but a
lesser known dish call mozuku shares a common characteristic with Limu
Moui. The people in the regions of Japan where mozuku is used enjoy
longer lives when compared to counterparts in other parts of Japan.
We have formulated a new product that will address the worldwide stress
level. This product has a nucleus of the 6 most powerful adaptogens
blended with Limu Moui, aloe vera, enzymes, minerals and many other
nutrients. You take 1 ounce per day of the formula.
The Adaptogenic Breakthrough
Simply put, limu moui is an “adaptogenic” plant. Adaptogens are a rare
class of plant first identified by Russian scientists in their quest for the key
to improved human performance. According to these researchers, they
help restore the body’s overall capacity for exertion and resistance to
stress.* As more people in the West learn about this exciting science, the
interest in advanced adaptogens increases.
Recognizing the adaptogenic potential of limu moui, VitaMark asked the
question, what would happen if we reinforced this traditional Tongan
source of Fucoidan with a complex of advanced adaptogens?* The
answer was a breakthrough product like no other!
Professional baseball, football, hockey, soccer, track, and karate stars
have been quietly taking the product for decades. We are now taking it to
the masses in this new formula.
To create a breakthrough like Limu Plus demands the highest standard of
raw material and manufacture. Working with our friends at Vitarich
Laboratories, the leading manufacturer of high quality nutritional
supplements in the world, VitaMark delivers the best!
Adaptogen Formula
During the mid 1950’s the Soviet government chartered their Academy of
Sciences with the task to develop a product that would enhance the
performance of their elite (i.e. Olympic athletes, Bolshoi Ballet, World
Class Chess Players, and Cosmonauts). They had three key criteria.
The product had to be totally non-toxic to human cells, help abnormal
unhealthy cells get back to a healthy state and to help the body adapt to
stress.
Our limu moui is harvested by hand to make sure that only the best
material is selected, and that the process is friendly to the Tongan
ecosystem. Then it is carefully processed to preserve its beneficial
essence. Our adaptogenic plants are selectively harvested at the exact
point during the growing season to insure peak potential, and then, to
harness their potency, they are processed by experts with more than 30
years experience.
They put 1,200 scientists to the task. They conducted over 3,000 studies
with 500,000 people. Their research went on for 45 years.
Supplemental
79 of 100
These ingredients are formulated under the legendary production
standards of Vitarich Laboratories using state-of-the-art technology.
That’s why we call Limu Plus the best of nature and science combined.
Supplemental
80 of 100
With Limu Plus, you are guaranteed the finest ingredients and formulation
on the market today.
NORTH TEXAS RESEARCH LABORATORY
A Division of North Texas Medical Associates
Limu Plus vs. Original Limu
A Research Summary
IVAN E. DANHOF, Ph.D., M.D.
12 July 2004
Director
Russian Adaptogen Research
Date Received:
Date Examined:
Fucoidan Research
Date Reported:
Sponsor:
Sign-up and order now:
* These statements have not been evaluated by the Food and Drug
Administration. This product is not intended to diagnose, treat, cure, or
prevent any disease.
© 2005 MLMSuccessNow.com
04241
Vitarich Labs Quality Control
4365 Arnold Avenue
Naples, Florida 34104
SAMPLE:
Sample Designation:
Order Limu Plus
Become a VitaMark Affiliate
30 June 2004
30 June, 01, 02 July 2004
07, 08, 09 July 2004
12 July 2004
222 S.W. 2nd Street
Suite #201
Grand Prairie, Texas 75051
Fax: (972) 263-1059
Limu Plus
Distributed by Vitacorp International
Houston, Texas
Control Number:
Lot # 51940502; 6-28-04
Container:
Quality control plastic bottle
Sealed:
Internal
Sample Source:
Vitarich Labs
Color:
Very dark mahogany brown
Characteristics:
Densely opaque; slight increase in
viscosity; fine insoluble sediment
Taste:
Sweet; fruity
Precipitate:
Medium dark brown; finely granular; membranous;
fine sedimentary particles
Light grayish-tan; finely granular; membranous
removed
Fucoidan:
(110,000-155,000 Daltons) = 1.82%
Fine Sediment:
0.377%
Total Solids (TS) =
12.408%*
12.031%**
*Including preservatives (if any), additives, and insoluble sediment
**Including preservatives and additives, but with insoluble sediment removed
MeOH Solids (MS) =
0.248% ***
0.220%****
***Including MeOH Solids and insoluble sediment
****MeOH-Precipitable Solids = 0.220% = 0.220g% = 0.220g/dL = 220mg/dL = 2,200mg/L
Comments:
Size-Exclusion Chromatography: See Pages Three, Four, and Five
Supplemental
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Supplemental
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equipment to ensure the highest quality products for their customers.
Through intelligent production practices and by direct, hands-on production methods, Vitarich is able to sell its prod
line at the wholesale level at competitive prices.
Limu Plus Call with
Jerry David
Home Limu
Pl
Adaptogens Contains It Is Safe Business
O
t it
Company Order Contact
U
ABOUT VITARICH
Vitarich Laboratories is a pioneer in the global, $150 billion nutritional industry. Vitarich is dedicated to
research, development, manufacturing and worldwide distribution of premium nutritional products,
manufacturers and wholesales ingredients to other manufacturers for use in a wide variety of whole-fo
dietary supplements. Formed in 1992 by Mr. Kevin Thomas, an executive with over twenty-three years
experience in the nutritional industry, the Vitarich number one pledge to the health food supplem
marketplace is to exceed its customers' expectations in product quality, service and price.
Vitarich has identified a unique, living food product line, with a heavy emphasis on delivering produ
high in nutritional density and potency. The company has developed important and exclusive product
mechanisms that make its products highly attractive to both the informed retailing component of the mar
and consumers.
Vitarich Laboratories, Inc. makes available leading edge, brand name nutritional supplements
distribution to Vitacorp International. Vitarich Laboratories is the manufacturer behind the brand, and is
of North America's fastest growing private labelers and packagers, providing Vitacorp with quality produ
under their own brand name. Vitarich products are world renown and several have garnered hono
including the National Nutritional Foods Association's prestigious People's Choice award for best prod
of the year.
Vitarich Farms, a division of Vitarich Laboratories, organically grows and processes nutritionally dense, kos
certified food concentrates in bulk form for sale to distributors and manufacturers and for sale as finished good
retailers. Vitarich Farms is particularly noted for its high quality green food concentrates like barley and wh
grasses, soy and alfalfa greens and its world exclusive aquatic-algae hydrilla. Vitarich Farms owns and operate
complete farming and processing facility in Northern Florida where the soil and deep well irrigation are mineral ri
All of its green food products are grown under organic conditions without herbicides or pesticides. Harvest freshn
and potency are guaranteed by the unique, on-site processing plant employing an exclusive low temperature, ai
drying system.
Kevin Thomas and the company are capable of and have extensive experience in research and development
formulations specific to key markets to position products relative to their marketing segments. The Research
Development Department maintains comprehensive materials supporting an ingredient as well as its structure
function within a formula. The research is used industry wide and is in several publications, impacting the momen
of these products on a national level. A few examples seen in the R&D books are: Cat's Claw [Uncaria Tomento
from Peru], Shark Cartilage, Hydrilla Verticillata [rooted algae], and VitaRx [a natural alternative to Viagra]. Th
books comprise anywhere from 1-200 pages of theses, research, global publication reprints, and related materia
The dependency on accurate R&D data is crucial to the success and marketing of a formula. The R&D ability
Vitarich is a key, value-added resource to market awareness and customer dependency.
Vitarich's Quality Control department utilizes state of the art HPLC, NIR and advanced digital micro-organism tes
equipment to test every raw material and systematic testing of the manufacturing equipment. Vitarich utilizes
Supplemental
http://experiencelimuplus.com/ProductQuality.aspx
Supplemental
83 of 100
4/24/2005
Vision Publishing
84 of 100
4/24/2005
OtherProducts
BUY OTHER VITACORP
PRODUCTS
For the Love of Ryan
Why Heaven Had to Wait
By Donna L. Eubank
(Publication date: October 1, 2004; ISBN 0-9651783-9-0;
Price $13.99; 206 pages)
Donna Eubank ignored the first deep prompting to jump in the family car and pick up
her husband and son. “No, I’m going to wait about fifteen more minutes,” she told
herself, not realizing that God was telling her to go. Minutes later she heard these
words: ‘Get in the car and go!’ ” A few blocks from her home she discovered what
the gnawing urgency was about. Both her son and her husband had been hit by a
drunken hit-and-run driver, as they were bicycling home. Her husband was not
seriously injured, but her five-year-old son had been crushed under the car. Death
knocked at their door time and again, but heaven had to wait.
Vision Publishing is a California-based book
publishing company whose mission is to
advance the Gospel through writings that
explain, amplify, and expand knowledge of
biblical principles. We specialize in books
that service the growing number of Christian
men and women to whom God has given
revelations, insights, ideas, and stories to
inspire and inform the Body of Christ.
To empower and enrich the authors, we
have established a unique concept of
publishing that leaves much of the control in
their hands. We call that concept converse
publishing.
We have put together a team of skilled
editors, writers, graphic artists, and printers
who are well established in the production of
high-quality literature for the Christian
market.
For birthdays, anniversaries, and
other special occasions, give your
pastor his very own personalized
book. We can turn tapes of his
messages into fine, high-quality
works – in either hardback or
softback.
Pull out tapes of some of his favorite
teachings, and send them to us. Or,
if you prefer, we can do a biography.
Call us for other book ideas – and
for price estimates.
Vitacorp International offers over 30 other products to people who are looking to give
their body specific support.
For Example:
Improve joint functions, protect cartilage, support cell and tissue
= Naturflex
Hormone and Estrogen Support
= Vitawomen
Nutritionally balanced for men over 40, supports prostate gland
= Vitamen
Natural choice for relief from Cold and Flu symptoms
= Cold and Flu relief
“TRY AN AWSOME COMBINATION”
Contact Us
We also have defined distribution channels
to disseminate their works to national and
international markets.
Supplemental
http://www.visionpublishing.net/home.html (1 of 2)4/29/2005 10:02:44 AM
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Ridings Health Enterprises, Diet Products, Sports Bars, Energy Bars, Blitz Products serving Los Angeles, California (CA)
Ridings Health Enterprises, Diet Products, Sports Bars, Energy Bars, Blitz Products serving Los Angeles, California (CA)
Ridings Health Enterprises
Telephone: 661-251-6678
Fax: - Email: [email protected]
Website: www.vitacorp.com/104095
Address: 27321 Manzanita Ln. #102
Canyon Country, CA 91387
Contact: Steven Ridings
Add to Address Book
Ridings Health Enterprises
Some of the surrounding cities include these California areas: Los Angeles, Pasadena, Long Beach, Inglewood, Van
Nuys, Glendale, Burbank, North Hollywood, Santa Monica, Whittier, Torrance, Alhambra, Northridge, Pomona,
Compton, Beverly Hills, Lakewood, Ontario, Woodland Hills, Arcadia, Buena Park, Canoga Park, Carson, Culver City,
Downey, El Monte, Encino, La Puente, Norwalk, Pico Rivera
See More listings from Category: Health_and_Diet_Food_Products_Whsle_and_Mfrs
Home | Recent Searches | Categories | Preferred Advertisers | Major
Cities
Vitamark`s products meet and exceed the established
standards of excellence in supplement manufacture.
Every product in our line is guaranteed to be
nutritionally complete, balanced, bioavailable, and
efficacious.
© 1998-2005 MagicYellow.com all rights reserved
We provide a variety of health products such as sports
health bars, Tim Brown`s BLITZ, and other energy
systems. All of our products follow the strict GMPs
(Good Manufacturing Practices) as established by the
NNFA (National Nutritional Foods Association).
Some Of the Health Products We Carry Include
●
●
●
●
●
●
Aloe Vera
Blitz
Cold & Flu Health Products
Cough Syrup
Snore Spray
Health Vitamins
We start by using infrared and near infrared equipment
to create a blueprint for each and every product. This
blueprint becomes the model for all subsequent
batches and insures consistency. We utilize the latest
technologies in HPLC liquid and gas chromatography.
Special temperature-controlled equipment is used to
insure that any bioactive enzyme and botanical
ingredients are preserved at their most bio-efficient
levels.
All of Ridings Health Enterprises products are tested
to insure proper pH levels, disintegration times,
balance, content and purity.
For All Of Your Health Products Visit
www.vitacorp.com
Supplemental
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Supplemental
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NORTH TEXAS RESEARCH LABORATORY
A Division of North Texas Medical Associates
IVAN E. DANHOF, Ph.D., M.D.
12 July 2004
Director
Date Received:
Date Examined:
Date Reported:
Sponsor:
30 June 2004
30 June, 01, 02 July 2004
07, 08, 09 July 2004
12 July 2004
222 S.W. 2nd Street
Suite #201
Grand Prairie, Texas 75051
Fax: (972) 263-1059
04241
Vitarich Labs Quality Control
4365 Arnold Avenue
Naples, Florida 34104
SAMPLE:
Sample Designation:
Lot # 51940502; 6-28-04
Container:
Quality control plastic bottle
Sealed:
Internal
Due to recent publishing’s of research, hypothecations, and misinformation regarding
both the “Original Limu” and “Limu Plus” branded products, our company was
contracted to provide third party investigative analytical documentation evidencing the
elemental and active content of these two nutritional supplements.
Reportedly a polysaccharide known as “Fucoidan” is a key, essential nutrient naturally
occurring within Limu Moui Extract. Limu Moui Extract originates from an angel hair
style algae popular in the Republic of Tonga and related regions. This wild-crafted algae,
in its extracted form, has shown great benefit as a nutritional supplement. The nutritional
results of the extract have been marketed over time as a Fucoidan-containing food
concentrate and a natural food source of a multitude of aquatic nutrients.
Limu Plus
Distributed by Vitacorp International
Houston, Texas
Control Number:
A Research Summary
Globally, there are very few companies that have the equipment, knowledge, and
technologies available to accurately test and measure these finite nutritive compounds.
We located and employed the services of North Texas Research Laboratory (a division of
North Texas Medical Associates) and requested Dr. Danhof (Ph.D, M.D.) to perform a
nutritional analysis focusing its emphasis on Fucoidans.
Sample Source:
Vitarich Labs
Color:
Very dark mahogany brown
Characteristics:
Densely opaque; slight increase in
viscosity; fine insoluble sediment
Taste:
Sweet; fruity
Precipitate:
Medium dark brown; finely granular; membranous;
Light grayish-tan; finely granular; membranous
removed
Fucoidan:
(110,000-155,000 Daltons) = 1.82%
Fine Sediment:
0.377%
Total Solids (TS) =
12.408%*
12.031%**
On May 19, 2004, a bench chemist by the name of R.H. Molony published his
microscopic examination, product comparison, and comments on the two brands using a
test procedure referred to in his report “Methylene Blue precipitation.” This test, when
published in the 1930’s, was the best method available at the time; with today’s advances
in science and technology – and using researchers with advanced knowledge, capabilities,
and degrees specifically in this type of research – a more accurate and reliable platform
of information is attainable and defendable.
The attached Certificates of Analysis accurately validate the existence and potency of
Fucoidans in both brands. First, it is important to note that both brands have a
substantially higher level of Fucoidan using “Size-Exclusion Chromatography” than that
found on the May 19 report from Molab Ltd. Second, the verified confirmation of the
Polysaccharide Fucoidan in the two brands, as well as the raw material extract from
Tonga are as follows:
*Including preservatives (if any), additives, and insoluble sediment
**Including preservatives and additives, but with insoluble sediment removed
MeOH Solids (MS) =
0.248% ***
Sample
0.220%****
***Including MeOH Solids and insoluble sediment
****MeOH-Precipitable Solids = 0.220% = 0.220g% = 0.220g/dL = 220mg/dL = 2,200mg/L
Comments:
Size-Exclusion Chromatography: See Pages Three, Four, and Five
Fucoidan Content
Limu Plus
Original Limu
1.82%
1.68%
[Limu Moui Raw Material Extract]
2.20%
Third, the final content comparison of Fucoidan shows the Limu Plus brand to be 8.6%
higher than the Original Limu brand. And last, this comparison identifies identical
molecular structure in size and characteristic to all three test groups.
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Limu Plus - Analysis
This evidence discredits the opinion that one brand is in an insoluble form (as commented
on by Molab), or that there may be a bioavailability difference between the two brands.
The bioavailability is identical, yet the bioactivity of the Limu Plus brand is 8.6% higher.
Furthermore, these tests prove the unreliability and limitations of archaic testing
methodologies and that advanced nutritional properties require advanced nutritional
testing technologies.
In closing, there is a variety of other pertinent information published in Dr. Danhof’s
(Ph.D, M.D.) tests that also shows higher contents and nutritional values in the Limu Plus
brand. It is important to note that adaptogenic activity was not tested as the Original
Limu label does not report its inclusion and other nutritional values and compounds were
not tested at this time. This test was performed at the direct response to the May 19
circular to help alleviate any possible confusion or misunderstanding.
Limu Plus packs more Fucoidan and is more bioactive than
its competitors -- and we have the science to prove it!
Vitarich Laboratories manufactures Limu Plus. When
asked which of the products was superior, Vitarich
commissioned state-of-the-art testing that ranked Limu
Plus on top. Now you can access the scientific findings for
yourself.
PDF Documents:
- Research Summary:
Overview | Open PDF
- Original Limu Analysis:
- Limu Plus Analysis:
Overview | Open PDF
Overview | Open PDF
Thank you for your inquiry.
A Research Summary
Vitarich Laboratories, Inc.
Manufacturer of Limu Plus, and
Importer of Original Tongan Limu
July 12, 2004
Due to recent publishing’s of research, hypothecations,
and misinformation regarding both the “Original Limu”
and “Limu Plus” branded products, our company was
contracted to provide third party investigative analytical
documentation evidencing the elemental and active
content of these two nutritional supplements.
Reportedly a polysaccharide known as “Fucoidan” is a key,
essential nutrient naturally occurring within Limu Moui
Extract. Limu Moui Extract originates from an angel hair
style algae popular in the Republic of Tonga and related
regions. This wild-crafted algae, in its extracted form, has
shown great benefit as a nutritional supplement. The
nutritional results of the extract have been marketed over time as a Fucoidancontaining food concentrate and a natural food source of a multitude of aquatic
nutrients.
Supplemental
91 of 100
Supplemental
92 of 100
http://www.limu.ph/analysis.shtml (1 of 4)4/20/2005 11:52:00 AM
Globally, there are very few companies that
have the equipment, knowledge, and
technologies available to accurately test and
measure these finite nutritive compounds. We
located and employed the services of North
Texas Research Laboratory (a division of North
Texas Medical Associates) and requested Dr.
Danhof (Ph.D, M.D.) to perform a nutritional
analysis focusing its emphasis on Fucoidans.
the Original Limu label does not report its inclusion and other nutritional values and
compounds were not tested at this time. This test was performed at the direct
response to the May 19 circular to help alleviate any possible confusion or
misunderstanding.
July 12, 2004
microscopic examination, product comparison, and comments on the two brands
using a test procedure referred to in his report “Methylene Blue precipitation.” This
test, when published in the 1930’s, was the best method available at the time; with
today’s advances in science and technology – and using researchers with advanced
knowledge, capabilities, and degrees specifically in this type of research – a more
accurate and reliable platform of information is attainable and defendable.
The attached Certificates of Analysis accurately validate the existence and potency
of Fucoidans in both brands. First, it is important to note that both brands have a
substantially higher level of Fucoidan using “Size-Exclusion Chromatography” than
that found on the May 19 report from Molab Ltd. Second, the verified confirmation
of the Polysaccharide Fucoidan in the two brands, as well as the raw material
extract from Tonga are as follows:
Click to view original document [PDF]
[
Top ]
[
Top ]
Original Limu Analysis
By Ivan E. Danhof, Ph.D., M.D.
Sample Fucoidan Content
Limu Plus
1.82%
Original Limu
1.68%
Click to view
original document [PDF]
[Limu Moui Raw Material Extract] 2.20%
Third, the final content comparison of Fucoidan shows the Limu Plus brand to be
8.6% higher than the Original Limu brand. And last, this comparison identifies
identical molecular structure in size and characteristic to all three test groups.
[PDF] To view these files you will need
to have the latest version of Adobe
Reader installed on your computer.
This program is free and can be
downloaded at www.adobe.com.
This evidence discredits the opinion that one brand is in an insoluble form (as
commented on by Molab), or that there may be a bioavailability difference between
the two brands. The bioavailability is identical, yet the bioactivity of the Limu Plus
brand is 8.6% higher.
(Ph.D, M.D.) tests that also shows higher contents and nutritional values in the
Limu Plus brand. It isEXHIBIT
important
to note
that / adaptogenic
Supplemental
15 - Vitarich
Farms
Vitarich Labs / activity
Vitacorp was not tested
93as
of 100
Supplemental
94 of 100
Globally, there are very few companies that
have the equipment, knowledge, and
technologies available to accurately test and
measure these finite nutritive compounds. We
located and employed the services of North
Texas Research Laboratory (a division of North
Texas Medical Associates) and requested Dr.
Danhof (Ph.D, M.D.) to perform a nutritional
analysis focusing its emphasis on Fucoidans.
Limu Plus Analysis
Click to view
microscopic examination, product comparison, and comments on the two brands
using a test procedure referred to in his report “Methylene Blue precipitation.” This
test, when published in the 1930’s, was the best method available at the time; with
today’s advances in science and technology – and using researchers with advanced
knowledge, capabilities, and degrees specifically in this type of research – a more
accurate and reliable platform of information is attainable and defendable.
The attached Certificates of Analysis accurately validate the existence and potency
of Fucoidans in both brands. First, it is important to note that both brands have a
substantially higher level of Fucoidan using “Size-Exclusion Chromatography” than
that found on the May 19 report from Molab Ltd. Second, the verified confirmation
of the Polysaccharide Fucoidan in the two brands, as well as the raw material
extract from Tonga are as follows:
Sample Fucoidan Content
[
Home
Top ]
| About Us | Privacy Policy | Disclaimer | Contact Us | Affiliates
Limu Plus
1.82%
Original Limu
1.68%
©2004 - All Rights Reserved - Limu Plus is a product of Vitacorp International.
[Limu Moui Raw Material Extract] 2.20%
* Disclaimer: The statements indicated herein have not been evaluated by the Food and Drug Administration.
This product is not intended to diagnose, treat, cure, or prevent any disease.
Third, the final content comparison of Fucoidan shows the Limu Plus brand to be
8.6% higher than the Original Limu brand. And last, this comparison identifies
identical molecular structure in size and characteristic to all three test groups.
This evidence discredits the opinion that one brand is in an insoluble form (as
commented on by Molab), or that there may be a bioavailability difference between
the two brands. The bioavailability is identical, yet the bioactivity of the Limu Plus
brand is 8.6% higher.
(Ph.D, M.D.) tests that also shows higher contents and nutritional values in the
Supplemental
Limu Plus brand. It isEXHIBIT
important
to note
that / adaptogenic
Supplemental
15 - Vitarich
Farms
Vitarich Labs / activity
Vitacorp was not tested
96as
of 100
95 of 100
the Original Limu label does not report its inclusion and other nutritional values and
compounds were not tested at this time. This test was performed at the direct
response to the May 19 circular to help alleviate any possible confusion or
misunderstanding.
Limu Plus Analysis
July 12, 2004
Click to view
Click to view original document [PDF]
[
Top ]
Original Limu Analysis
[
Click to view
Home
| About Us | Privacy Policy | Disclaimer | Contact Us | Affiliates
©2004 - All Rights Reserved - Limu Plus is a product of Vitacorp International.
* Disclaimer: The statements indicated herein have not been evaluated by the Food and Drug Administration.
This product is not intended to diagnose, treat, cure, or prevent any disease.
[
Supplemental
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Top ]
Supplemental
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Top ]
Default
Page 1 of 2
Default
Page 2 of 2
equipment to ensure the highest quality products for their customers.
Through intelligent production practices and by direct, hands-on production methods, Vitarich is able to sell its prod
line at the wholesale level at competitive prices.
Limu Plus Call with
Jerry David
Home Limu
Pl
Adaptogens Contains It Is Safe Business
O
t it
Company Order Contact
U
ABOUT VITARICH
Vitarich Laboratories is a pioneer in the global, $150 billion nutritional industry. Vitarich is dedicated to
research, development, manufacturing and worldwide distribution of premium nutritional products,
manufacturers and wholesales ingredients to other manufacturers for use in a wide variety of whole-fo
dietary supplements. Formed in 1992 by Mr. Kevin Thomas, an executive with over twenty-three years
experience in the nutritional industry, the Vitarich number one pledge to the health food supplem
marketplace is to exceed its customers' expectations in product quality, service and price.
Vitarich has identified a unique, living food product line, with a heavy emphasis on delivering produ
high in nutritional density and potency. The company has developed important and exclusive product
mechanisms that make its products highly attractive to both the informed retailing component of the mar
and consumers.
Vitarich Laboratories, Inc. makes available leading edge, brand name nutritional supplements
distribution to Vitacorp International. Vitarich Laboratories is the manufacturer behind the brand, and is
of North America's fastest growing private labelers and packagers, providing Vitacorp with quality produ
under their own brand name. Vitarich products are world renown and several have garnered hono
including the National Nutritional Foods Association's prestigious People's Choice award for best prod
of the year.
Vitarich Farms, a division of Vitarich Laboratories, organically grows and processes nutritionally dense, kos
certified food concentrates in bulk form for sale to distributors and manufacturers and for sale as finished good
retailers. Vitarich Farms is particularly noted for its high quality green food concentrates like barley and wh
grasses, soy and alfalfa greens and its world exclusive aquatic-algae hydrilla. Vitarich Farms owns and operate
complete farming and processing facility in Northern Florida where the soil and deep well irrigation are mineral ri
All of its green food products are grown under organic conditions without herbicides or pesticides. Harvest freshn
and potency are guaranteed by the unique, on-site processing plant employing an exclusive low temperature, ai
drying system.
Kevin Thomas and the company are capable of and have extensive experience in research and development
formulations specific to key markets to position products relative to their marketing segments. The Research
Development Department maintains comprehensive materials supporting an ingredient as well as its structure
function within a formula. The research is used industry wide and is in several publications, impacting the momen
of these products on a national level. A few examples seen in the R&D books are: Cat's Claw [Uncaria Tomento
from Peru], Shark Cartilage, Hydrilla Verticillata [rooted algae], and VitaRx [a natural alternative to Viagra]. Th
books comprise anywhere from 1-200 pages of theses, research, global publication reprints, and related materia
The dependency on accurate R&D data is crucial to the success and marketing of a formula. The R&D ability
Vitarich is a key, value-added resource to market awareness and customer dependency.
Vitarich's Quality Control department utilizes state of the art HPLC, NIR and advanced digital micro-organism tes
equipment to test every raw material and systematic testing of the manufacturing equipment. Vitarich utilizes
Supplemental
Supplemental
99 of 100
4/24/2005
100 of 100
4/24/2005
17. Environmental Information.
For the purpose of this question, the following definitions apply:
"Environmental Law" means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous
or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited
to, statutes or regulations regulating the cleanup of these substances, wastes, or material.
"Site" means any location, facility, or property as defined under any Environmental Law, whether or not presently or
owned or operated by the debtor, including, but not limited to, disposal sites.
"Hazardous Material" means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material,
pollutant, or contaminant or similar term under an Environmental Law
None
a List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be
liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if
known, the Environmental Law:
NAME AND ADDRESS OF
GOVERNMENTAL UNIT
NAME AND ADDRESS
None
b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous
Material. Indicate the governmental unit to which the notice was sent and the date of the notice.
NAME AND ADDRESS OF
GOVERNMENTAL UNIT
NAME AND ADDRESS
None
ENVIRONMENTAL
LAW
DATE OF
NOTICE
DATE OF
NOTICE
ENVIRONMENTAL
LAW
c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which
the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the
docket number.
NAME AND ADDRESS OF
GOVERNMENTAL UNIT
DOCKET NUMBER
STATUS OR DISPOSITION
1 8 . Nature, location and name of business
a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of
businesses, and beginning and
ending dates of all businesses in which the debtor was an
director, partner, or managing executive of a corporation, partnership,
sole proprietorship, or was a self-employed professional within the six years immediately preceding the commencement of this case, or
in which the debtor owned 5 percent or more of the voting or equity securities within the six years immediately preceding the
commencement of this case.
If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and
beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity
securities, within the six years immediately preceding the commencement of this case.
If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and
beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity
securities within the six years immediately preceding the commencement of this case.
NAME
Nutrition for Life, Inc.
TAXPAYER
I.D. NUMBER
76-0416176
Copyright (c) 19962001 Best Case Solutions. Inc
Supplemental EXHIBIT 16
1 of 6
BEGINNING AND ENDING
ADDRESS
10235 W. Little York
Suite 300
Houston,
77040
Evanston,
NATURE OF BUSINESS
.
A wholesale distributor
through its multi-level
network marketing
organization, by selling a
variety of consumer
products and services
through independent
distributors in the United
States and abroad
DATES
5193
- (800) 492-8037
2 of 6
4 of 6
1
In re
Case No.
Nutrition for Life
03-33486-H2-1I
Debtor
SCHEDULE F. CREDITORS HOLDING UNSECURED
(Continuation Sheet)
Wife.
CLAIMS
or Community
DATE CLAIM WAS INCURRED AND
CLAIM
CONSIDERATION FOR CLAIM.
IS SUBJECT TO SETOFF, SO STATE.
CREDITOR'S NAME AND MAILING
ADDRESS INCLUDING ZIP CODE
Various prior to 03103103
18
1
Account No.
Biotics Research Corporation
6801 Biotechs Research Dr.
Rosenberg, TX 77471
Various prior to
Account No.
Board of Equalization
P.O. Box 942808
Sacramento, CA 94208-0001
Various prior to
OOIL 10
0011
-
Account No.
10190
Various prior to
Account No.
Brede Exposition Services
5140 Colorado Boulevard
Denver, CO 80216-3120
Brent Hudson
10235 W. Little York
Houston, TX 77040
Various prior to 03103103
Account No.
Brown Palace
321 Seventeenth Street
Denver, CO 80202
Subtotal
(Total of this page)
Sheet no. 7 of 52 sheets attached to Schedule of
Creditors Holding Unsecured
Claims
Copyright (c) 1996-2000 Best Case Solutions.
Supplemental
EXHIBIT 16
4928037
3 ofBest6Case Bankruptcy
I
11
76-470595
2262786
Whey-To-Go
04/04/02
03115194
1
76-391510
78-095791
2432047
-
2643301
1826076
2471910
For Life
Nutrition For Life
Nutrition For Life
For Life
Nutrition For Life
Nutrition For Life
Nutrition For Life
Nutrition For Life
Nutrition For Life lnternational
Nutrition For Life lnternational
For Life International
0 2 Support
Occu-Bright
Oraflow Plus
-Pet-Tide
Phyto-Fit
Phytogreen
I
I
Nutribuddies
Nutri-Cookie
Nutrition For Life
For Life
Nutrition For Life
Nutrition For Life
Nutrition For Life
Nutrition For Life
For Life
.
Phyto-Phamily
Premier Research Laboratories
Proformance
Pyrubalance
Bar
Requin 3
Snoreless
NUMBER
75-853785
I1/22/99
6 of 6
---
5 of 6
1923264
1923262
75-887161
75-853784
,
2493010
2253500
1827184
1966042
(Pending [SN] or State)
DESCRIPTION
(Federal)
TRADEMARKED
NUMBER
(SN)
---
INTERNATIONAL
FOR
09/25/01
5/99
03/22/94
01
11/22/99
COMMENT~
FILING
DATE
-
---
Evanston.
SUPPLEMENTAL EXHIBIT 17
1 of 9
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California Business Search
DISCLAIMER: The information displayed here is current as of APR 08, 2005 and is updated weekly. It is not a
complete or certified record of the Corporation.
Corporation
BIOTEC FOODS-CALIFORNIA, INC.
Number: C1142841
Status: suspended
Jurisdiction: California
Address
117 W MERCER #202
SEATTLE, WA 98119
Agent for Service of Process
JULIA FAHEY
1902 WARD ST
BERKELY, CA 94704
For information about certification of corporate records or for additional corporate information, please refer to Corporate
Records. If you are unable to locate a corporate record, you may submit a request to this office for a more extensive
search. Fees and instructions for requesting this search are included on the Corporate Records Order Form.
Blank fields indicate the information is not contained in the computer file.
If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to
California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered.
9 of 9
1 of 5
http://kepler.ss.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C1142841&printer=yes4/14/2005 2:44:07 AM
U.S. District Court
CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa
Ana)
CIVIL DOCKET FOR CASE #: 8:96-cv-00203-LHM-EE
Biotec Foods-CA Inc v. Agrigenic Food Corp, et al
Assigned to: Judge Linda H. McLaughlin
Referred to: Discovery Elgin Edwards
Demand: $0
Cause: 15:1125 Trademark Infringement (Lanham
Act)
Plaintiff
----------------------Biotec Foods-California Inc, a
California Corporation
dba
Biotec Foods
Jury Demand: None
Nature of Suit: 840 Trademark
Jurisdiction: Federal Question
KMC International, an entity
unknown
Megasource Concepts Inc, a
Hawaiian Corp
Threshold Enterprises Ltd, an
entity unknown
Marshall Resources, an entity
unknown
Kevin Adeylotte, an individual
represented by Rick A Schroeder
Rick A Schroeder Law Offices
30141 West Agoura Rd
Suite 102
Agoura Hills, CA 91301
818-879-1943
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Whole Foods Market Inc, a
Texas Corporation
dba
Mrs Gooch's Natural Food
Markets
Awareness & Health Unlimited,
an Ohio Corporation
Vitamin Shoppe Warehouse
Inc, a New Jersey Corporation
L&H Vitamins Inc, a
Corporation unknown
V.
Date Filed
Defendant
----------------------Agrigenic Food Corp, a Nevada
Corporation
Robert G Kavanaugh, an
individual
#
Docket Text
02/29/1996
1
COMPLAINT (Summons(es) issued) (referred to
Discovery Elgin Edwards ) (lisp) (Entered: 03/07/1996)
03/05/1996
2
MINUTES: Pla OSC in writing nlt 3/15/96 why the crt shld
not dism the state claims w/o prej, dft is ord to fi & srv rply
by 3/26/96 by Judge Linda H. McLaughlin (lisp) (Entered:
03/08/1996)
03/05/1996
3
MINUTES: 3/12/96 pla is to fi decl of facts of residnece of
dfts & where the claims arose by Judge Linda H.
McLaughlin (lisp) (Entered: 03/08/1996)
03/12/1996
4
DECLARATION of dfts' residence & location of clm by
William Boettcher, an individual
Pulmuone Food Co Ltd, an
entity unknown
Pulmuone USA Inc, a California
Corporation
2 of 5
3 of 5
plaintiff Biotec Foods-CA Inc (tt) (Entered: 03/14/1996)
03/12/1996
5
NOTICE OF DISCREPANCY AND ORDER that the
declaration rcvd 3/12/96 is to be filed and processed by
Judge Linda H. McLaughlin (cc: all counsel) (jd) (Entered:
03/18/1996)
03/15/1996
6
RESPONSE by plaintiff Biotec Foods-CA Inc to [2-1]
OSC. (tt) (Entered: 03/20/1996)
03/15/1996
7
PROOF OF SERVICE by plaintiff Biotec Foods-CA Inc of
re OSC re dsml of state clms (tt) (Entered: 03/20/1996)
03/19/1996
8
MINUTES: vacating OSC re dismsl of suppl claims; expty
mtn to dismiss is off calendar & Ord plntf to show cause in
writing by 3/25/96 why case shld not be stayed or transf
and why instant actn shld not be dism re: plntf a suspended
corp. FUR ORD plntf to file ntc of all relatd actns by Judge
Linda H. McLaughlin CR: (none present) (jd) (Entered:
03/25/1996)
03/25/1996
9
RESPONSE by plaintiff Biotec Foods-CA Inc to [8-2] OSC
(tt) (Entered: 03/26/1996)
03/25/1996
10
NOTICE by plaintiff Biotec Foods-CA Inc of related case
(s) none (tt) (Entered: 03/28/1996)
03/25/1996
11
MINUTES: This act is dism w/o prej. (SEE DOCUMENT
FOR FURTHER DETAILS) by Judge Linda H.
McLaughlin CR: none (ENT 3/29/96) mld cpys (vv)
(Entered: 03/29/1996)
03/25/1996
12
ORDER dismissing act w/o prej by Judge Linda H.
McLaughlin (ENT 3/29/96) MD JS 6 mld cpys (vv)
(Entered: 03/29/1996)
4 of 5
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Supplemental Exhibit 19 - Counterfeit Product
Page 1 of 40
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Page 2 of 40
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Biotec-Foods.com
5152 Bolsa Ave. Suite 101
Ph: (800)788-1084 Fax:(800)788-1083
12597
Order Number
ORDER FORM
10/11/2004
Order Date
Purchased by
New I.D.
28481
Old ID
Shipping Address
NEW
Attention:
RHEA HABECK
Ordered By: MS.
1106 BIRCH ST
RHEA HABECK
1106 BIRCH ST
FORREST GROVE
OR
Ph:
PO Number
U.P.S.
QTY
2
Spec.
+
+
+
+
Item ID
FORREST GROVE OR 97116
Ship Phone
Order Taken By
Ship Via
3
97116
Fax
RGK
Sales Rep
Description
Retail
FS30
FELINE SUPPORT (30) COUNT
$12.95
PW60
BIOVET PET WAFER (60) COUNT
$19.95
NO CHARGE
Payment Terms
ROBERT KAVANAUGH
Shipping Method
Unit Price
Dist. Price
Ext.Price
Sub Total
Discount
Ship Cost
Grand Total
Special Instructions
EXHIBIT 47.
EXHIBIT
1 - Counterfeit Product
Page 3 of 40
1 of 48
EXHIBIT 47.
EXHIBIT
Page 4 of 40
3 of 48
BIOTEC FOODS • BIOMED • BIOVET INT’L.
D I V I S I O N S
O F
RHEA HABECK
HABECK BIBLE STUDY
1106 BIRCH ST
FOREST GROVE
OR
A G R I G E N I C
F O O D
10/4/2004
97116
:
Recently, your business may have been offered and/or shipped counterfeit Biotec Foods, Biomed
Foods or Biovet International dietary supplement or animal feed supplement products by
individuals doing business as “Fahey Pharms” in Sarasota, Florida. Please be aware that Fahey
Pharms is not affiliated with Biotec Foods, Biomed Foods or Biovet International, which are
trademarks owned by Agrigenic Food Corporation in Huntington Beach, Ca. Although we have
prosecuted this matter through the Federal Court system, and indeed these individuals have already been
permanently ordered to cease and desist from this confusing, fraudulent scheme to disrupt our business
relationships, customer feedback and other evidence indicates that they do not intend to comply with the
court order and have continued to deceive and defraud our customers, with the intent to disguise the true
origin of their counterfeit products. The United States District Court for the Central District of
California (Case Number 99cv2283) will address these continued violation during a scheduled
(December, 2004.) contempt hearing. If you received counterfeit products under false pretenses, you
are a victim of fraud and you should move quickly to recover your money. If possible, please contact
your bank or credit card company and cancel any credit card charges that appear as BIOVET,
Peoria IL. Or BIOVET INC. Sarasota, FL. Stop payment orders may be issued against checks
issued to FAHEY PHARMS, Sarasota, FL. Return or refuse any products recently delivered to you by
“Fahey Pharms.” Contact the FDA if you wish to file a complaint. (http://www.fda.gov) If you wish
to provide a statement or any other evidence to assist us in prosecuting this matter, please contact me at
this office.
No matter what they say, we are NOT partnered with, or related to William Fahey or
Fahey Pharms or anyone else in Sarasota, Florida. Furthermore, the FAHEYS have no
legal right to infringe on our trademarks.
See http://www.biotecfoods.com/lawsuit for more information and court documents. See the
USPTO.GOV website for information about Agrigenic Food Corporation’s registered and pending
trademarks. Biotec Foods, Biomed Foods, and Biovet International are legal trademarks of Agrigenic
Food Corporation and have been for over seven years! Please be aware of the following:
1)
2)
3)
4)
5)
6)
7)
8)
FAHEY PHARMS is not registered to do business anywhere.
FAHEY PHARM’S facility is not registered with the US Food and Drug Administration.
FAHEY PHARM’S products are not covered by our Product Liability Insurance.
FAHEY PHARM’S products are not covered any known Product Liability Insurance
FAHEY PHARM’S products do not comply with DSHEA and other labeling laws.
FAHEY PHARM’S products are misbranded and fail to disclose allergens.
William J. Fahey is NOT a Doctor as he purports to be. (No, not a PhD either.)
Knowingly violating our trademarks and trafficking in counterfeit goods is illegal
Sincerely,
ROBERT KAVANAUGH
President
5152 Bolsa Ave. Suite 101 Huntington Beach CA 92649
Phone: (800) 788-1084 • Fax: (800) 788-1083 • Website: www.biotecfoods.com
EXHIBIT 47.
Page 5 of 40
EXHIBIT
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EXHIBIT
Exhibit 4.3
EXHIBIT
- Counterfeit Product
1
Supplemental Exhibit 19 - Counterfeit
Page
Product
24 of 40
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EXHIBIT
2 of 3
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1 of 7
Exhibit 4.3
EXHIBIT
3 of 3
2
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Exhibit 4.3
EXHIBIT
3
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Exhibit 4.3
EXHIBIT
5
Page 29 of 40
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Exhibit 4.3
EXHIBIT
4
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Exhibit 4.3
EXHIBIT
6
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EXHIBIT
EXHIBIT
EXHIBIT
EXHIBIT
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MSN Hotmail -
Page 39 of 40
EXHIBIT
5 of 9
Page 1 of 1
[email protected]
From :
Maria Madrid <[email protected]>
Sent :
Friday, April 22, 2005 1:08 PM
To :
<[email protected]>
CC :
"Connie Losito" <[email protected]>
Subject :
Wheat Sprout
6 of 9
Division of Corporations
Page 1 of 2
Printed: Monday, April 25, 2005 11:45 AM
Florida Profit
THE ENZYME COMPANY
About 3 - 4 weeks ago I spoke to a person from The Enzyme Company, I called Agrigenics and don't know how I end up with
this person from the Enzyme Company, I believe by the name of Jackson. He told me that the Enzyme Company was now
handling the Wheat Sprout, that it was the same product but the company changed its name to The Enzyme Company and the
new address was 3434 North Tamiami Trail Suite 805, Sarasota, FL 34234 Tel 1800-488-3899 or 1800-704-7537 fax 941-3589133. He mentioned that the manufacturer was Biopharms and the product name was Primative Sprout Complex but that it was
the same as Wheat Sprout.
PRINCIPAL ADDRESS
3434 NORTH TAMIAMI TRAIL
SUITE 805
SARASOTA FL 34234
Let me know if I can be of further assistance.
Thanks,
Maria Madrid
Buyer
Solgar Vitamin and Herb
Purchasing Dept.
Tel: 201 363-3846
Fax: 201 363-2117
[email protected]
MAILING ADDRESS
SUITE 805
SARASOTA FL 34234
Document Number
P04000121846
FEI Number
NONE
Date Filed
08/23/2004
State
FL
Status
ACTIVE
Effective Date
08/23/2004
Registered Agent
Name & Address
FAHEY, JOSH O
805
SARASOTA FL 34234
Officer/Director Detail
Name & Address
FAHEY, JAMES
2120 PRINCETON STREET
Title
TRES
SARASOTA FL 34234 34
FAHEY, JEAN
3825 INDIAN BEACH PLACE
SEC
SARASOTA FL 34234
SUPPLEMENTAL EXHIBIT 20 - SOLGAR VITAMINS & HERBS
1 of 3
2 of 3
http://by103fd.bay103.hotmail.msn.com/cgi-bin/getmsg?curmbox=00000000%2d0000%2d0000%2d0000... 4/25/2005
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Page 2 of 2
Annual Reports
Report Year
Naples Daily News: News
Page 1 of 4
Naples Daily News
Filed Date
To print this page, select File then Print from your browser
URL: http://www.naplesnews.com/npdn/news/article/0,2071,NPDN_14940_3506799,00.html
Previous Filing
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AiO founder Kehl out of jail, hopes to
repay investors
Next Filing
No Events
No Name History Information
By LAURA LAYDEN, [email protected]
January 29, 2005
Michael Kehl has landed back on his feet in Naples.
Document Images
Listed below are the images available for this filing.
Nearly two years ago, Kehl admitted to swindling investors in his Naples-based
company out of millions of dollars. After serving 85 percent of his prison sentence,
he's returned to Collier County to live with his son, Christopher.
08/23/2004 -- Domestic Profit
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
Kehl, 55, lives quietly in Saturnia Lakes, a gated development off Immokalee
Road. He hopes to blend into the community. He declined an interview for this
story, saying his attorney advised against it.
Nearly two years ago,
Michael Kehl admitted in
a Collier County
courtroom to swindling
investors in the Naplesbased AiO Technologies
Inc. out of millions of
dollars.
Kehl founded the now-defunct AiO Technologies Inc.
Through AiO, Kehl marketed a computerized system for handling food orders by phone.
State investigators charged that most of the money raised for the company went into Kehl's own pockets, not
into the development of the technology. They said Kehl used the money he raised selling the company's stock
to support a lavish lifestyle that included fancy cars, boats and vacation homes.
Since getting out of prison Nov. 26, Kehl has found a job. His new boss, Kevin Thomas, said he's a changed
man and that he's eager to start paying back investors, though he's on a starting salary as he learns the ropes.
He said Kehl deserves a "fresh start, a healthy clean start."
Kehl works for Naples-based Biotech Analytical Laboratories, a private company that describes itself as a
policing agency for the dietary supplement industry.
His plea deal requires him to give up at least 25 percent of his monthly wages to pay back investors in AiO.
He's supposed to pay back at least $3.7 million, if he can make that kind of money again.
"He could hit the lottery," quipped Gerard McHale, the court-appointed receiver for AiO who has for years
scraped to find money to pay back investors with little luck.
"It might be good from a feel-good position saying that the individual has to make restitution," he added. "But
the truth be known there is a big difference between the court ordering it and it actually being done."
Mary Bauer, circuit administrator for the Florida Department of Corrections in Fort Myers, said there are plans
to set up monetary accounts for Kehl to pay back court costs, and the victims who lost money in AiO.
She said she's not sure how the accounts will be set up since he owes such a large amount of money to so many
people. There were more than 600 investors in AiO.
3 of 3
Supplemental Exhibit 21 - BIOTECH ANALYTICAL LABS
1 of 4
http://www.naplesnews.com/npdn/cda/article_print/0,1983,NPDN_14940_3506799_ARTI... 3/19/2005
Page 2 of 4
"There needs to be a restitution order for the court that says specifically who gets what," she said. "I don't
believe we have that yet, and I don't have it before me."
Page 3 of 4
Florida from Virginia.
Thomas even invested and lost money in AiO.
Before he headed off to the Okeechobee Correctional Institute in March 2003, Kehl was forced to give up
everything that belonged to him, including his Naples home and anything in it, as part of his restitution. But
that didn't add up to much.
His plea agreement carried a 15-year prison sentence, but most of that was suspended to allow him to go back
to work so he could start paying back AiO investors.
But Thomas, 44, said he's willing to forgive and forget.
"I didn't lose too much," he said. "I don't look at it as a loss. I look at it as an investment in a relationship that
has an opportunity to continue to grow."
Thomas said Kehl met "like-minded Christians" in prison who helped guide his new thinking.
Kehl spent less than two years in prison, with the gain time he earned sitting in the Collier County jail.
He had a few disciplinary problems in prison, including lying to staff about making a call from the chaplain's
office to ask about work release and using another inmate's identification number to make a call outside prison,
according to Florida Department of Corrections records. He also refused to take a random drug test.
Without these violations, Kehl could have earned more time off his sentence.
Though Kehl is out of prison, he's still watched closely. For the next 10 years he's on community control, a
highly restrictive state supervision program. That will be followed by probation until 2029.
"He's a much different person now," Thomas said. "He's very relaxed, very focused. His mission right now is to
make the capital to make restitution."
Long ago, someone believed in Thomas and that's how he got where he is today.
"People put faith in me and I want to pass on that thinking that everybody deserves a chance, everyone should
get an opportunity," Thomas said.
Kehl is hooked up to a global positioning system, or GPS, that allows his parole officer to see his every move.
Two decades ago, a Naples millionaire took Thomas, then 20, under his wing and showed him the ropes in the
dietary supplement business. Today, Thomas owns several successful companies including Vitarich
Laboratories in Naples, a public company that rakes in more than $14 million in annual revenues.
"The way the GPS works is it has inclusion and exclusion zones," said Sterling Ivey, a Florida Department of
Corrections spokesman. "If he goes outside the zone, he's ratted out. His parole officer gets immediate
notification that he is outside his zone and we can call and check on him."
Vitarich develops, researches and manufactures everything from chewable B-12 capsules to vitamin-packed
powders such as Green Vibrance. Vitarich recently became public through a merger with Maryland-based
Argan Inc. to continue its rapid growth.
With community control, a curfew normally is enforced, he said.
Thomas said Kehl isn't working for Vitarich because that would put him too close to the sale of stock.
"It just allows for a more concentrated effort of supervising the offender," Ivey said. "The probation officers
that are supervising a community control caseload generally have a smaller caseload so they can spend more
time supervising the offender in the community."
Kehl's agreement with the state prevents him from being involved in selling any type of securities. In his plea
agreement, he admitted to selling unlicensed securities in AiO. He's never held a license in Florida to sell
securities, and that's what in part brought him down.
Typically, offenders on community control must provide a weekly schedule to their probation officers. Any
trips outside of work have to be approved by the probation officer, Ivey said.
Thomas said he has good reason to believe in Kehl. The two built a company called Biogenetics Food Corp., a
healthy foods business in Naples. Kehl took over the company as president and then sold it.
Kehl doesn't have the typical 9-to-5 job. That's part of the reason for having him hooked up to a GPS.
"He stayed on with the company as a director after he sold it, and he almost tripled the business for the buyer,"
Thomas said.
At Biotech Analytical Laboratories, Kehl is working as a personal assistant to owner Kevin Thomas as he
learns the ropes of a new industry.
Thomas said Kehl is "positioning himself for new opportunity."
Not everyone is as confident in Kehl as Thomas.
In other words, he's expected to move up in the company. He's being groomed to become a salesman.
Mike LaPine, a Realtor with Naples Brokers Realty who sold Kehl's Naples home while he was in prison, said
he doesn't think Kehl has changed at all. From prison, LaPine said he received several angry phone calls from
Kehl, who was unhappy that he didn't get any of the money from the sale of his home.
"He's really at a basic hourly wage to get his feet wet, to get educated in the industry. His opportunity is
developing new markets," Thomas said.
"He wrote me a letter that someone had profited $200,000 from the sale of the house and that he wanted me to
pay him the money," LaPine said.
Biotech checks vitamins and other vitamin supplements to make sure they meet federal guidelines and
manufacturers' claims. It's a 3-year-old company with a handful of employees.
Eventually, LaPine said he stopped taking Kehl's calls. He said he didn't get a commission from the sale
because there were liens on the property, and that he kept the mortgage company from foreclosing on it.
Thomas and Kehl actually have known each other for about 20 years. They met in Naples when Kehl moved to
LaPine said he hopes he's heard the last from Kehl.
2 of 4
3 of 4
Page 4 of 4
Michael Moore, an attorney for the Florida Department of Financial Services who was involved in the AiO
investigation and prosecution of the case, said his dealings with Kehl ended with his sentencing.
.
ROBERT L. RISLEY Bar
Pasadena, CA 101-21
(626) 397-2745
"We are not continuing to investigate at this point," he said.
Attorney for Defendant, Jean Feak
He hopes to see Kehl blend back into the community. He said he's not surprised that Kehl returned to Naples.
"He has family in the area," he said. "I guess I assumed Naples was where he would go back to when he was
released."
Copyright 2005, Naples Daily News. All Rights Reserved.
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT O F CALIFORNIA
BIOTIC FOODS CORPORATION, doing
Business as BIOTEC FOODS, a Hawaii
corporation, PACIFIC BOTANICALS,
CORPORATION, a Delaware corporation,
)
Case No. CV-99-2283 CAS
)
)
)
IN SUPPORT OF RESPONSE TO ORDER
TO SHOW CAUSE
)
Hearing date: April
Time:
a.m.
Dept.:
5
Plaintiff,
Food Corporation, a Nevada
corporation,
Defendant and Third
Party Plaintiff,
AND RELATED CROSS-ACTION
I, KEVIN J. THOMAS, make the statements contained in this declaration under penalty of
perjury, under the laws of the state of California,and state as follows:
1.
The facts stated in this declaration are personally known to me, occurred in my
presence, and if called to testify in court, my testimony will be substantially in agreement with the
statements contained in this declaration.
2.
visited my office to purchase empty plastic bottles,
On Friday, April 2, W.J.
DECLARATION OF KEVIN
4 of 4
THOMAS
Supplemental EXHIBIT 22 - DECL. KEVIN J. THOMAS
1 of 4
caps, and accessories for his company, Biotec Foods of Florida (BFF). As a former employee of
was wrongfully valued as a
and that I was just
of his historic victims
BFF and Biovet International in Florida, I dedicated the afternoon for his attendance. During the
I recommended that I call Mr. Kavanaugh to see if I could better
meetings with Mr.
3.
Using my speaker phone in my office, with
silent attendance, I called Mr.
Hawaii, Ltd.), now located in southern
Kavanaugh at the Hawaiian corporation (Biotec
of his scheme to manipulate. I then suggested to Kavanaugh the reason for my current success is
due to the extensive training and work experience provided by Mr.
and Kavanaugh.
understand the conflicts between
California, to visit on the case in the United States District Court in Los Angeles. Being a former
companies, and that he, (Kavanaugh), also benefited
and many of his
some of those trainings, and why doesn't
he just drop the legal games and move on with his business. His closing statement was "I won't be
is dead. He's scum."
happy till that
co-employee and former residential roommate with Kavanaugh, we have a close history and have
communicated,
5.
time to time, over the last twelve years. This time, when I questioned him
about the conflict between he and
his tone and aggression elevated and the following
troubling statements were made:
6.
I will put a bullet in his head."
Thomas:
"Do you have a gun?"
Kavanaugh:
'Yeah. I had to get one because the
Thomas:
"Don't you think that's a little extreme?"
broke into my
stole my
return to his home in
with the wrong
ass."
boy, and I'm just going to kick his
Thomas:
"Aren't you going to see him on Monday in court?"
Kavanaugh:
"That's the day that
will regret he ever
Florida.
I am genuinely concerned for Mr.
and his children's well being, as this
statement cannot express the emotion, the tone, or the turpitude and intensity experienced in that
phone call.
with me."
I declare under penalty of perjury under the laws of the State of California that
the foregoing is
During the conversation, I watched Mr.
asked to excuse himself where he went to
an hour and a half to calm him down and to get his mind off things. He departed at 7pm to
7.
needs the shit kicked out of him, and he
When I hung up the phone, Mr.
the bathroom for approximately thirty minutes. Upon his return, I took him for a ride for about
shit and have threatened me, so now I carry a gun."
4.
about Mr. Kavanaugh's brother in an attempt to lighten the intensity
conversationand I tried to interject some humor and levity to soften Mr.
Kavanaugh's mood. I wished him good luck. Told him I would visit with him soon.
Kavanaugh: "If I see that
Kavanaugh: "That
We then
of the
sit back in the chair, remove his
and correct.
Dated: April 14,2004
;lasses, put his head down with his hands on his forehead and just shake his head, "no", several
imes. He was clearly disturbed and troubled by the threatening statements made. Mr. Kavanaugh
to slander Mr.
name, his integrity referring to him as a fraud, a con artist, a
OF KEVIN J.
a fool, and that I was an idiot to think that my twenty-five year relationship with Mr.
DECLARATION OF KEVIN I. THOMAS
2 of 4
3 of 4
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PROOF OF SERVICE BY MAIL
2015.5 C.C.P.)
9ÊÓää{Ê
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am a resident of the county aforesaid; I am over the age of 18 years and not a party to
the within entitled action; my business address is 790 East Colorado Boulevard, Ninth Floor, Pasadena,
foregoingDECLARATIONOF KEVIN J. THOMAS IN
California91101-2193. On April
SUPPORTOFRESPONSETO ORDER TO SHOW CAUSE on the interestedparties in said action,
by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the
%NJOY YOU TIME AWAY FROM WORK AT THIS /LD &LORIDA
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William Vogeler
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Florida Profit
THE ENZYME COMPANY
PRINCIPAL ADDRESS
SUITE 805
SARASOTA FL 34234
MAILING ADDRESS
SUITE 805
SARASOTA FL 34234
Document Number
P04000121846
FEI Number
NONE
Date Filed
08/23/2004
State
FL
Status
ACTIVE
Effective Date
08/23/2004
Registered Agent
Name & Address
FAHEY, JOSH O
805
SARASOTA FL 34234
Officer/Director Detail
Name & Address
FAHEY, JAMES
2120 PRINCETON STREET
Title
TRES
SARASOTA FL 34234 34
FAHEY, JEAN
3825 INDIAN BEACH PLACE
SEC
SARASOTA FL 34234
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08/23/2004 -- Domestic Profit
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Source: Legal > / . . . / > News, All (English, Full Text)
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Business Wire July 17, 2001, Tuesday
Copyright 2001 Business Wire, Inc.
Business Wire
July 17, 2001, Tuesday
DISTRIBUTION: Business Editors
LENGTH: 802 words
HEADLINE: Bio-One --BICO-- Assembles New Management Team To Facilitate
Future Growth
DATELINE: ORLANDO, Fla., July 17, 2001
BODY:
Bio-One Corporation (OTCBB:BICO) Bio-One announces the formation of its
management team. The team possesses strong credentials and extensive
industry experience, and has exhibited the proven performance, skills, and
energy needed to build a high margin, low capital intensive national and
international business. The new officers and directors are Frank Clark--Chairman of the Board, Armand Dauplaise---President, CEO & Vice Chairman,
Bernard Shinder---CFO, Kevin Thomas---Director & President of Manufacturing
and Distribution, Kevin Lockhart---Vice Chairman, Irwin Newman---Director,
and Richard Friedman---Financial Advisor.
Frank Clark has served as a former officer and director of several national and
international health care companies. He was executive vice president and a
director of a Johnson & Johnson subsidiary. He also has served as President
and director of R.P. Scherer, Inc. and established their business worldwide.
Clark has been instrumental in acquiring, developing and marketing products
and services in the health and consumer goods sectors.
Armand Dauplaise has extensive experience at the CEO and COO level
spanning four industries. He has served in leadership positions with Hallmark
Cards, the Burger King Corporation, Hardees, National Coffee Company, Coffee
Butler Service and Premier Services. Mr. Dauplaise has extensive experience in
management, operations, marketing, mergers and acquisitions.
Bernard Shinder has a long record of success in the practice of international
law and finance. He has been engaged as a professional in most aspects of
business finance including initial and secondary stock offerings, mergers,
acquisitions, venture capital, international taxation strategy, international
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licensing, technology transfers, strategic planning and management of the
expansion process. He is well known as a developer of operational
infrastructures and an expediter of the financial processes.
Kevin Thomas founded the VitaRich Group to focus on the research,
development, manufacturing and worldwide distribution of premium nutritional
products. He previously worked as a biochemist, researcher and product
development director for (2) industry leaders. Thomas has written and has had
published several of his articles and studies on the role of Pharmaceutical
technology in the nutrition industry.
Kevin Lockhart has a solid background in the nutritional supplements industry
and Microscopy "Live Blood Cell Analysis" testing. He has invested the past
several years in the development of the Green Pearls(TM) product line, which
was formulated to address conditions identified in one's blood.
Reshaping the World of Diagnostics
Akers travels the globe to conduct on-site testing and evaluation. Our advanced diagnostics
respond to the very different needs of individual nations with the most simple, portable,
cost effective, and accurate tests available on the world market today.
Irwin Newman is a practicing attorney and the senior partner of Newman &
Pollock. He also serves as the President and CEO of Jenex Financial Services.
He has extensive experience in capitalizing and managing public companies
and has also served on several boards of public entities.
Richard Friedman has built an impeccable reputation on Wall Street over the
past (40) years. He is known as a man of very high integrity and one that only
lends his support to quality projects.
Business Summary Bio-One Corporation is an emerging growth company that
is embarking on building a very significant business in the nutritional
supplement industry via vertical integration mergers and consolidation. The
Company's domicile state, Florida, ranks second only to California in
nutritional supplement sales and ranks first nationally in per capita
consumption. The Company's goal is threefold; 1) to uniquely serve people
worldwide who desire vitality and longevity; 2) to interface a farm-to-market
philosophy through mergers and consolidation thus ensuring quality and value;
3) to also provide an outstanding return on investment for Company
shareholders.
Certain statements released by Bio-One Corporation that are forward-looking
statements are made pursuant to the safe harbor provisions of the Private
Securities Reform Act of 1995. Editors and investors are cautioned that
forward-looking statements involve risk and uncertainties that may affect the
Company's business prospects and performance. These include, but are not
limited to, economic, competitive, governmental, technological and other risks
detailed in the company's registration statements and periodic reports filed
with the Securities and Exchange Commission. By making these forwardlooking statements, the company undertakes no obligation to update these
statements for revisions or changes after the date of this release.
CONTACT: Bio-One Corporation, Orlando
Investor Relations
Robert Gartzman, 888/327-4703
http://www.bioonecorp.com
or
For:
Countries where Akers products are available through direct distributors or strategic partners.
Copyright © 2005 AKERS BIOSCIENCES, INC. All Rights Reserved.
http://www.akerslaboratories.com/distributors.htm4/29/2005 6:40:16 PM
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county, State of California; I am over
the age of 18 years and not a party to the within action; my business address
is 5152 Bolsa Avenue, STE 101, Huntington Beach, CA 92649-1047.
On May 2, 2005, I served the DECLARATION OF ROBERT G
KAVANAUGH IN FURTHER SUPPORT OF PLAINTIFFS’ RESPONSE
TO DEFENDANTS FRCP 12 (b) (6) AND 12(b) (3) MOTIONS;
GRAPHIC AND NARRATIVE OF FACTS AND EVENTS RELATING
TO VENUE AND JURISDICTION AND SUPPORTING
SUPPLEMENTAL EXHIBITS 1 – 25 on the interested parties in this action
by placing the true copy thereof, enclosed in a sealed envelope, postage
prepaid, addressed as follows:
Jennifer M. Rosner
Stolar & Associates
433 North Camden Drive, Ste 600
Beverly Hills, CA 90210
FAX 310 288-1827
GREENBERG TRAURIG, LLP
2450 Colorado Avenue, Ste 400E
Santa Monica, California 90404
Telephone: (310) 586-7700
Facsimile: (310) 586-7800
ROBERT L. RISLEY
Pasadena, CA 91101-2113
Fax: (626) 397-2746
(BY MAIL)
I deposited such envelope in the mail at Huntington Beach,
California. The envelope was mailed with postage thereon fully
prepaid.
I am readily familiar with the business practice of my place of
employment in respect to the collection and processing of
correspondence, pleadings and notices for mailing with United
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States Postal Service. The foregoing sealed envelope was placed for
collection and mailing this date consistent with the ordinary business
practice of my place of employment, so that it will be picked up this
date with postage thereon fully prepaid at Huntington Beach,
California, in the ordinary course of such business.
(BY FEDERAL EXPRESS)
I am readily familiar with the business practice of my place of
employment in respect to the collection and processing of
correspondence, pleadings and notices for delivery by Federal
Express. Under the practice it would be deposited with Federal
Express on that same day with postage thereon fully prepared at
Huntington Beach, California in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid
if delivery by Federal Express is more than one day after date of
deposit with Federal Express.
(BY FACSIMILE)
On May 2, 2005, I transmitted the foregoing document(s) by facsimile
sending number. Pursuant to rule 2009(i)(4), I caused the machine to
print a transmission record of the transmission, a true and correct copy
of which is attached to this declaration.
(BY PERSONAL SERVICE)
I delivered such envelope by hand to the offices of the addressee.
Executed on May 2, 2005, at Huntington Beach, California.
I declare under penalty of perjury under the laws of the State of
(STATE)
California that the foregoing is true and correct.
(FEDERAL) I declare under penalty of perjury that the foregoing is true and
correct, and that I am employed at the office of a member of
the bar of this Court at whose direction the service was made.
Executed on May 2, 2005, at Huntington Beach, California.
/s/ Mia
Fredriksen
Signature
Mia Fredriksen
Print Name
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