Callahan, Roger J

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IN THE YIA TTER OF ROGER J, CALLAHAN CONSENT ORDER, ETC, IN REGARD TO ALLEGED VIOLA non OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3797. Complaint, April 1998--Decision, April, 1998 This consent order prohibits, among other things, the California-based respondent from making claims, in radio and television infomercials, about Dr. Callahan Addiction Breaking System and its ability to reduce an individual' s compulsive desire to eat and any claims that the product cures addictions and compulsions such as smoking, eating, and using alcohol or heroin. In addition, the consent order requires the respondent to pay $50 000 in consumer redress. Appearances For the Commission: Russell Damtoft, Mary Tortorice, Charluta Pagar, Theresa McGrew and C. Steven Baker, For the respondent: Curtis W Morris, Lamb, Morris and Lobello San Dimas, CA.

COMPLAINT The Federal Trade Commission, having reason to believe that Roger 1. Callahan, individually ("respondent"), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: 1, Respondent Roger J, Callahan has manufactured, advertised offered for sale, sold, and distributed products to the public, including Dr. Callahan s Addiction Breaking System. Individually or in concert with others, he participated in the acts or practices alleged in this complaint. His principal offce or place of business is 45350 Vista Santa Rosa, Indian Wells, California, 2, Respondent entered into an agreement with Mega Systems Inc" a corporation which creates and distributes program-length radio and television commercials which run for 30 minutes or less and fit within nonnal radio and television broadcasting time slots. The television commercials were and are broadcast on network independent and cable television stations throughout the United States. The radio commercials were and are broadcast on network and independent radio stations throughout the United States, In at least one of Mega Systems, Inc. s program-length television commercials ::: :

Complaint 125 FTC. respondent acted as the guest and promoted Dr. Callahan s Addiction Breaking System, 3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act. 4. Respondent has created and disseminated advertisements for Dr. Callahan s Addiction Breaking System, including but not necessarily limited to the attached Exhibit A, This advertisement contains the following statements:

A, Trudeau He (Dr. CallahanJ has been a best-selling author whose revolutionary treatment for losing weight and quitting smoking takes less than three minutes with 95 percent success. If you smoke and want to quit, or if you want to lose weight once and for all, today s show could be an answer to your prayers. (TJhe treatments that you discovered, that you invented get rid of addictions like food addictions so people can lose weight easily without trying to diet. They can just lose the weight because they reduce the urge to overeat. You can reduce smoking, alcoholism, any type of compulsion, depression, jealousy. Callahan It' s revolutionary because it works with a high success rate that s never before been possible, Trudeau (Ijfyou have any addiction, whether it be for food, if you re overweight if you have a smoking addiction, if your children are addicted to drugs n any compulsion, anything whatsoever, we recommend you call the 800 number.. Callahan What we mean is that their addictive urge, that uncontrollable urge is gone, completely gone, and they feel fine. And when we eliminate the anxiety, they don need the heroin; they don t need the alcohol. The withdrawal is gone," (Television Infomercial Scrip!.) 5, Through the means described in paragraph four, respondent has represented, expressly or by implication, that for all or virtually all users:

A. Dr. Callahan s Addiction Breaking System reduces an individual' s compulsive desire to eat, leading to significant weight loss.

B. Dr. Callahan s Addiction Breaking System reduces an individual' s compulsive desire to eat, leading to significant weight loss without the need to diet or exercise, ROGER 1. CALLAHAN 601 599 Complaint e. Dr. Callahan s Addiction Breaking System cures addictions and compulsions, including but not limited to, smoking, eating, and using alcohol or heroin, 6, In truth and in fact:

A. Dr. Callahan s Addiction Breaking System does not reduce an individual's compulsive desire to eat, and as such, Dr. Callahan Addiction Breaking System does not lead to significant weight loss. B. Dr. Callahan s Addiction Breaking System does not reduce an individual's compulsive desire to eat, and as such, Dr. Callahan Addiction Breaking System does not lead to significant weight loss without the need to diet or exercise.

e. Dr. Callahan s Addiction Breaking System does not cure addictions and compulsions, including but not limited to, smoking, eating, and using alcohol or heroin, Indeed, Dr. Callahan s Addiction Breaking System simply consists of a video tape in which Dr. Callahan demonstrates a series oftapping one s face, chest, and hand rollng one s eyes, and humming, Therefore, the representations set forth in paragraph five were, and are, false or misleading, 7. Through the means described in paragraph four, respondent has represented, expressly or by implication, that he possessed and relied upon a reasonable basis that substantiated the representations set forth in paragraph five, at the time the representations were made, 8. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representations set forth in paragraph five, at the time the representations were made. Therefore the representation set forth in paragraph seven was, and is, false or misleading.

9, The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices, and the making offalse advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act. Commissioner Thompson and Commssioner Swindle not participating, \ Complain! 125 FTC. EXHIBIT A 8231504 FEDERAL TRE COMMISSION FTC MATTER NO, 942-3278 TITLE: DR. CALLAHN' S ADDICTION BREAKIG TECHNIQUE TELEVISION I:-iFOMERCIAL PAGES: 1 THOUGH 28 !"..:/SAL.DG c:: 13:T G :"c:F. ;: C: :"I.::r :::=:: ::

c.u.L-\.I.'i C:: L-\.:",-: :::.:: A . . . . _ . ,,,,, . : : ROGER J. CALLAHAN 603 599 Complaint EXHIBIT A PROC FDTNGS ANOL'NCER; The following s a paid ccmmerclal program brought to you by Mega systems.

. TRUDEAU: Thanks again for j 01ni05 me. m Kevin Tr..deau, and t::i5 is another edition of " A Closer Look. Millions of people are addicted to food and are overweight, constantly struggling with diet after diet, exercise program after exercise program, yet more people are ' fat today than ever before. Millions, too, are addicted to cigarettes and can ' t q it, and probably millions more suffer from seme kind of addiction, compulsion, or phobia.

My guest today is Dr. Roger Callahan, an expert in the field of addictions, phobias, stress, and traumas. He has been featured on virtually every major TV and radio talk show, inc:ludir'. g "Donahue " and CN. He has been a best-sell ng aut whose revolutionary treatmer.t for losing weight and quitting smoking takes less than three minutes with 95 percent success. If you smoke and want to it, or if you want to lose weight once and for all, taday ' s show could b an answer to your prayers. Dr. Callahan, thanks for being my est teday. DR. CALA Kevin, a pleasure to be with yeti. MR. TRt.TDEA'J: You :-c:Jow, I have to tell the viewing audience how I met you bec3 se it was a fascinating story. : you Know, we o a series of in==me=cials like this where we - ,,- C:..- an a:= Complaint 125 F. EXHIBIT A magazine for the five minute phobia cure. And: thought, you 2 know, that would be a great product for us to market if it war-ks, and I called you on the phone to discuss it with you, find out 4 your background; and I learned all about your, you know 5 expertise and the books you' ve authored with the major book 6 publishers and your experience an em and "Donahue " and so ferth. And you said, Kevin, not only will we get rid of 8 phobias, but the treatments that you discovered, tnat you invented get rid of addictions like food addictions so people can lose weight easily without trying to diet. They can just lose II the weight because they reduce the urge to o",ereat. You can reduce smoking, alcoholism, any type of compulsion, depression, jealousy. And I was fascinated. said really, , can you get rid of smoking? He said, Oh, yeah. I said well, doctor, I smoke cigars about s x cigars a day, if you remember this conversation -- I was calling you on the phone. DR. CALA: Yes, I do, yeah.

MR. TRUDEAU: And I said I had gone to, for the last six years, the top people in various fields trying to get rid of DR. CALA'q: You mentioned some names to me, a d they , 'odeed, the tcp pecple.

"I were MR. TRUDEAU: The top pecF:e in ctists. I bought 1.. , su1:2.imi::al taoes. I bought otne:- t;.es 0: tapes. tee;: to, :-':1. .'C: 0 ',. , C:::2:--:::t t /?es c: ::::'i:-"';::"" -- =::J-='=,, i':': : : ; : :: : :: . : ROGER J, CALLAHAN 60S 599 Complaint EXHIBIT A accupressure, acupuncture. I, I got the patch. I got cr. ear clip that uses some type of Chinese thing. I got magnets everything to try to quit. I bought little devices to try to cut down, and nothing worked. And worse, I was just more stress=ul trying to qui And you said Well, Kevin, the next time you have an urge to smoke a cigar you call me. So I called you on the phone a few days later because for the first two da15 I di want to call you. I was afraid you were going to take the cigar away from me.

So I called you on the phone and said Doctor, I really have to smoke a cigar right now. And I remember this because it wasn t that I wanted to; I had to. DR. CALA'1; Yes.

MR. TRUDEAU: And a lot of people that are watching, if you have an addiction to cigarettes or food, you know i ' 5 true If you want Haagen Daz Ice Cream, if you want pizza, if you want hait urgers or French fries, or if you want a cigarette, you get to that paint, as you kr. , ,it' s a have to: you have to sm ke. DR. CAi.: Yeah. at' s the keynote of addiction. MR. TRUDEAU: ght .

DR. CALAHAN: It' s an irresistible, ncon:rollable urge -- MR. ':RUDEAU. - tc do It;.

5 ': 5:- : _ .. :.: ... , ..

Complaint 125 F.T. EXHIBIT A MR. RUDEAU: Oh, sure.

DR. CALLA1I.A.".; And hurt ft.l .

R. TRUDEAU: And I said-- you said 0:1 a scale of one ::0 ten, where is it? d I says it I 5 about a n 2.:".0 a half. You !'aid fine. You gave me a d walked me throuq the treatme DR. CALA1-..'l: i9'r.

: I MR. TRUDEAU: the phone. It took l S3 than five 9 mir.utc:. It' 5 a simple t:' \'at:ient you just do. J',;imp::e, very easy. And the urge reduced fro a nine and a hali co a one or zero. '. was gone.

DR. CALLA.A: ':ea1". That' 5 rigr.

MR. TRUDEAU: 52. i.':, Doctor, I swear ::0 y0U , r ' m not going to smoke this cigar, b '. I' m convinced it will come back, the urse, i not tonight tc:norrow. And yeu said fi e, if it cernes back, call me.

DR. CALA1-.A; Yeah.

MR. TRUDEAU: I said that I s a deal. Six mcnths passed, and I never had the urge t= smoke a cigar. ever s oked a cigar.

:JR. CALA1.; Right.

M.TZ. TRUDEAU: It was incred ble. Now, th :.5 :'ot L:ncomrr.c:'. . see this all the me in YOL:r prac:::.ce. 2.. CR. C AN; :';oah. We se o: o l: V:c::'O :::,,::'.;0;". 0-- -" : :. ;; . .. ... .. .. .. .....____. : . :.:: ROGER j, CALLAHAN 607 599 Complaint EXHIBIT A Cnce they lear how to do the treatment, MR. 7R'UEAU: Right.

DR. CALA:A"1: it only takes a mi ute or less. MR. TRUDEAU: Yeah. It see s, it seems -- DR. CALA: Because once you know it and once the person learns how to do it, they can do it without thinking about it, and it takes less than a minute.

MR. TRUDEAU; Now this is a revolutionary approach to addictio:'s.

s revolutionary in the DR. CA:.; Oh, yes, yes. It' sense that nothing in psycho ogy could have explained or predicted this. It' 5 revolutionary because it works with a high success rate that' s never before been possible. And what we re doing, Kevi:', is we I re actually - -when we do the treatment, we' re actually getting to the fundamental causal level of the problem. It I S not like just distraction or reducing the symptom. We t re actually getting at the core base of the problem. I had to study quantum physics to really understand that in more detail.

MR. TRt"DEAU: Now I remember you were on CNN -- DR. CALA'\: Yes.

M.'q. TRUDEAU; -- because with people who are 23, ove eight:, they have this u controllable urge to eat, whether 1': ::2::3 =:-, you ait ursers, fre=-. o:'. "I te ooooo','e DC Coco, ",,0; :..:o.=C2 :: , ::.;;;. /: , :: Complaint 125 F.TC. EXHIBIT A ice c::eam. You know, we eat too much food. R. CALA.A: Right.

R. TRtJDEATJ: Arid, again, they eat when they are not hungry .

DR. CALA Yes.

MR. TRUDEAL' :: mean you authored t:. ook, Why Do I Eo t When I' m Not Hur.gry?' :tight? DR. CALAliP_ ':'::1':' S right.

MR. TRt."DEAU: E.Jt you were on o.'N, a:. j0U had a very J.nt"':!':sting experience YCJ ,,"2re sharing with mL. DR. CALAI-: It was my thi c Lime on CN. The prev' "us two times I d some people with al ty problems, ve::y ickly, who ca led in for help. This t; he anchor said, I h"' r you ve been develc?ing something wi th a jJ.ction. Well. 5e"' if you can help me ris now. I I m dyir.g fer ome chocolate. And the anchor who was with her jok c ar.d says, Yes. ' s qoing to eat her pencil. d she really looked desperate, and it was serious. At first, I didn' t k ow i= she was joking because they were la ghing. Ar.d she says, no, it' s very serious. So I took her through the treatment. She was i Georgia, and was in a studio in L. Ard in about two minutes, because she did!. , t "new what they were all about -- we er three m tes . her urge was not only gone, but you ve seen a c:i af that, yc'..1 J I 10:-01. -- .; I v -" ROGER J, CALLAHAN 609 599 Complaint EXHIBIT A DR. CALA.A; She does something like this, which is very inteyesting. She says - - and we I re telli g he all the while to- think tow good the chocolate would be. re not trying to turn her off.

MR. TRUDEAU; That' right.

DR. CALAHA. She said at the end of the treatment, Ooh, I don even want any. Remembe:! that? MR. TRUDEAU: That' s right.

DR. CALA\1; lsn I t that interesting? We get that every once in a while. Also, she became very relaxed. Her whole being changed. Her manner changed because that, that power that was driving that urge coming =rom a very deep level of being, was simply dissipated. I t was gone, not there anymore. MR. TRUDEAU: And now you also find that when people give themselves the treatment, because it just takes less than five minutes, that their face sometimes changes, the stress reduction goes down so much.

DR. CALA1\: That I S right. Their face changes. had one patient who was addicted to pain pills, and it was very serious because she was getting pain pills from a nu ber of different doctors, -- you k::Ow, one doctor would never give her that many -- and she fcund t at it made her relax, the only t ing that made her relax. be:: it was a terribly da::gercus thing she ond eeting, by4 I was coln:;, ci: tree:2d r.er. A:ter t e 5e : 2 2;::- ;;2 2;: 2 -- =:2 2 S23 : g, Complaint 125 F.T. EXHIBIT A she didn' t want, she didr: I t want ar.y anymore, a:Jd about:: a ',leek later she called up and she said, you know, this is really i:'teresting. My friends are coming up to me and asking if I had 4 plastic surgery, I look so much better. She locked ycu er- All the strain and stress and everything was gone out of her face. We have people, too, who are very pale and they ar :cw 7 on er.ergy. After treatment, color comes into their =ace. They feel so much better. So we know that a lot of physiologic and emical changes result as a function of this simple tre ent. It' 5 a very deep, basic thing.

MR. TRUDEAt': Now, we were talking about smok and: had a fr end of mine, Jack Freeman, who is -- he s from Char:otte, North Carolina. We had went to Las Vegas, and he, for 15 yea::s, this guy smoked two and a half packs of cigarettes a day.

Now, imagine, he s on the plane from Charlotte to 17 Chicago for about two hours without a cigarette. He get.s off the 18 plane, and the plane was a little delayed because we we::e :L.:r:g late. He says Kevin, have to smoke a cigarette. I said, 20 well, you can We have to just get right on this plane. They re going to leave.

2:: r'e hop en. Now we get anot.her three hours t.:: Las g the walls. Now, w 1 Vegas. This::e guy :::eis in the plane::::e climbi ::Cq co ccace ' Lac II ::c1 "

;

ROGER J, CALLAHAN 611 599 Complaint EXHIBIT A DR. CALA'i I w ote a book called -- it' s pub:ished n Germany -- called The Aniety Ac.cicticn Co:mection " because I found there is an addiction between anx:ety and addictions. Ar. all addictions, Kevin, whe:her it I s to nail biting, hair pu heroine, cocaine, pain pills, cigarettes, chocolate, -- you name it -- all addictions are a result of anxiety, and ttey are an attempt to -- a wrong attempt, a tragic attempt to mask or tranquilize the anxiety, And it just doesn' t work. - It doesr. take care of the problem.

MR. TRUDEAU: So that I s what people go on diets fer? I: they try to stop cold smoking they are climbing t e calls and they are irritable? DR. CALAHAN: Yes I that I 5 right. That' 5 what it is. They a e havi g an anxiety attack. Even heroin wi hdrawa, I found, is ual y an anxie y attack.

. TRL'DEAU: Really? Net physiological? r:R. CALA: No. Well, there are physiological elements, but they are very minor, very m nor. hat I was trained, and mes prefessiorlals still believe, that in he he oin addiction the problem is mainly physiologic. It' s not at all. 7he is a lot of evidence now to show that. It' not at all. MR. TRUDEAU: Well, this fellow, Jack, when he Wes, yo J K cw c g the walls on the plane, walked hi thrcug the : I :2a :5. 5':::':::9 :rigr:: "ext tc "1im 0:-. t:"1e -: ane. :: :;., . ! , :;. Complaint 125 FTC. EXHIBIT A MR. TRuuEAU; And within two tc th ee mir.utes, the u 2 went from a ten -- actually, he said it was an 11 -- went from an 11 down to a zero, and he said r don r t want the ciga=ette. have no urge. Then he goes, I can' t believe it. DR. CAI. Yeah.

MR. TRUDEAU: The mei.l and we started talking, and l: as eating. They were r. meaning up all the pl::es, and he had not'. tinished his meal r::.:; was still eat.:::g. ne noticed 9 he wos ,!1e last guy done ea i:.g, and he didn' t eve.,, - at his 10 entiri: rr.==3. And he grabbed e. and he says Kevin t!". 3t' 5 the' 510\0"8": ever eaten in ' :'ife.

DR. CALA; Dh, YE'"".

1m. TRUDEAU; Now, i t that interesti"s? It seemed to chal;e everything.

DR. CALAV: Yes. hat happened is -- C t ey all report this after the addiction treatment. They nanimously 17 al ost will say, you know, I feel very relaxed. MR. TRUDEAU: Right.

DR. CALA'I: I feel very calm irlside. And that' 20 what it was. He didn I t have that frantic kind of a need to p d shove the meal down. So it' s better his digestion a so. M,'!. TRUDEAU: Oh, sure.

DR. CALAJ-IAN: But, you knew ':::e:-e is sor., i::g ve :.: ::::ey wa:;, t to r:o ::a:'t :0,- J;eo?le you said at t q:;e nr. '':-: s -=..c.

; . ::. . ..:;:: ROGER J. CALLAHAN 613 599 Complaint EXHIBIT A MR. TRr.-reau: Right.

DR. CALA; Let me tell you something: Some of them don' t want to quit smoking. I recommend those who don I t want to quit smoking but have to fly across country or attend meetings where they are not allowed to smoke, do this treatment and watch what it can do for them. d they find that it I S not going to drive them crazy to be without their cigarettes, they may change their mind about MR. TRUDEAU: They may want to.

DR. But even if they never want to, at least CA: they are going to have more control over it. not going be running them, not controlling them. They can regain control. MR. TRUDEAU: That 1 s funy, because we both know a major celebrity, who will be nameless, who just yesterday just did the treatment because " I don' t want to quit; I like smoking. ! said, well, do this treatment anyways, and then smoke the cigarette. We did the t eatment. He didn' t want to smoke it. He says you k ow something? Maybe I do want to really qui DR. CALA: Sur MR. TRUDEAU: Because he was afraid, as you mentioned, to try to quit because he thought it was going to be very difficult and stressful and so forth.

DR. CALA.A: Oh, yeah. I k ow how diffic :t t is w:-.en ! qui t 30 - sc e yea s ago. It w s ter ible. :: we:'. t::rc' 2':1.. ,J,c :::-:2::2 0;':2 ;:00=;:_ -'C: ::.5:: $::.:::-:2:::; :: : .:::

Complaint 125 FTC. EXHIBIT A and they find that Jesus, I' d rather c.:e of ::ung cance=- oc: heart: 2 disease than end up in a mental hcspi tal. That r S the way i stands for t em.

MR. ':RtJEAU; Right I ::ight. Fer those of you watching 5 who do want in:formation on Dr. Call2 s techniques, it' s a 6 videotape wr_ ;:e you, in just about 15 mi:1t:tes, explain o.nd sho' 7 the treatmer.':. how to apply it.

I ;li::Jly recommend it. I '''-: seer. this i.n. acticr.. I: r S 9 probably tlle."..st revolutionary t1'..:::g yc\. can do, if you have any addiction, W:,". e:: it be fer faoe, if you' re ove:-eight, :.': you have a smog - addiction, if your c:,ildren a e addicted to ci::ugs any compu:::: on, anything whatsoeve=, we recommend yeu call the BOO I".urr.ber "" qet in:formation en L: v:.o.eo because it :.-=s.:ly 14 could chang2 y::ur life. And i.t. I S s::::Jcthing that I feel \",,:, passionate abo t because I r Ye seen :h2 results for myself nd i my own li::e.

Now. let' s talk about weight loss. We I ve talked about: smoking, but people out there - - and m one of them - we like to eat food. You know, 'J: - DR. CALA; Almost all of us are.

MR. TRUDEAU; It I 5 a very pleas rable exper ence. wR. CALA; Yeah. d it really, ye3 MR. ':RLTIEAU; d sometimes you eat to t e pa t -- a:'d I : ",ink pe09:e ca:' relate to th:.s - you e t w YC''' .. : p , ROGER J, CALLAHAN 615 599 Complaint EXHIBIT A DR. CA!.': Or it' s so good, and you can t resist it. See, that' s the key element. If you could resist it, the den ' t have any problem.

MR. TRUDEAU: Right.

DR. CALA: And there are very few people like that, t:.ey can just resist it. Oh, I'll lose few pounds. I'll just leave this cut and leave that cut, " and they don t have any trouble, bu most of us have trouble; and that' s what ;e mean by addict.ion.

MR. TRUDEAU: It seems that a let of these diets that people try would work if you followed through on hem :JR. CALA: Yeah.

MR. TRUDEAU: but people, quote, cheat, or they can because they are just being driven -- at ten o clock at night they open up the refrigerator and out comes the Haagen Daz. DR. CALAJ...: The editor who bought my break Why Do I Eat When I' m Not Hungry?" .. she was at Doubleday at tr.e ti.me -she and her husband are very nice people I and they love good :ood. In fact I they go over ' to Italy - - they go to Bologna and dy t e special gourmet cooking that they have there and so forth, and she al ways has been over 30 - some pounds I and she always go crazy when she was there because it was so gocd and she ccu:d net resist i ;"e2.:' , s::e read = c80k 0: c::'..rse, that she bcu;r.c: " I :'02:: =:C'::''2C:3-: 2.: 25: :: : :: , .;::,, Complain! 125 FTC. EXHIBIT A sto because at the Inte national Book fa:r, my agent was -- I think it was at Brussels -- and he said that she was te:ling everybody that for the first ti e she could go to 3ologna and only eat smaller amounts. She dicin ' t have to eat so much. ':I". ive was gone, that extra u ge. That addict ve urge was gone, so she was raving abau it to everybody. MR. 7RUDEAU: She could really enj cy the fcod -- DR. CALA:. But she could still enjoy good food -- XR. TRUDEAU: -- without feeling guilty -- DR. CALA: -- without feeling guilty.

MR. TRlJDEAU: - - and actually redu e we ght because she could eat normally without having that urge. DR. CALA.A: Exactly. Isn I t that wonderful? I-. TRUDEAU: It' s fascinating. Now, you had mentioned about some of the talk shows you I ve been on radio, because you been on many -- DR. CALA: Yeah.

MR. TRUDEAU: - - and you trea people right over the phone in a few minutes.

DR. CALA: They call -- we tell t em to call - - you know I'll tell you why I do this. It' s ve simple. Whe!". I wro e my first beok, i was a Bcok-of- te- Mont ub selectio rC:T.ar.tic love anc :ike ev€yY Ct er a cr, : :us:: went on show snow ar.c just discussed the cor:cepts t::e ::cok 1 a':e :-1 :-;::: e t:::: ,: ;e- ..:e ,. . .. . .. .. .. .;:: .., , \. ROGER J, CALLAHAN 617 599 Complaint EXHIBIT A nobody in their right would believe me or eve should believe me beca se it' s so outrageous, it' s so revolutionary. I told all the producers, get people who have these problems, and let me show you.

So when I was appearing on the radio shows and I had just discovered the addiction treatment, r told the listening audience because I wanted to show people what we could do, so they didn r t just have to take my word for it. You know in the 9 privacy of your office, you can make any claim you want. Nobody knows the difference.

MR. TRUDEAU: Sure, you can. Right, right, right. DR. CALA; So I wanted to shew the world that we really had something quite real and powerful. And so we had - - I urged anyone calling in who had any addictive urge for anything - - we ve had people call in for - who needed to shoot up with herci, they needed to take the extra alcoholic dran they were - the first one who called was on the way to the refrigerator, she said, and she heard me say that. She stopped, picked up the phone and called.

She says, m on may way to the refrigerator right now. l' m in there to get my favorite desert, that ice cream with chocolate on it. She said, I can t resist that stuff. Is t: ere 2j I anything you can do for me? 1:1 atter of abo t a ute a d a tali 1:1 ::e:: case, . coco . - - - . h 2._ s::O!=- : ..; ,,.: , . : : :... ,. ,/ Complaint 125 F. EXHIBIT A ! i people in a row -- I the records on chis -- called be:ore ran inte the first person that we could I the ? w thin the time 3 constrai ts of the show.

MR. TRuvEAU; Now-- DR. CA :: That was over a let of shows. That 6 j !"'asn' t one show. Tr.at W3.S about 30 or 40 shows. MR. TRUDVD; Risht. Well, that r:' -.qs me to the next g II :,..e ::ion: Does this t::::- tment work for eve:" 8 10" percent of 911 ::he ti!:,e? DR. CALA.J1 ;o, nc; of course, nc.:. There are some 11 II :c- ople that it won' =,"'k for at all: tl:e: o:C::em5 are too 12 clicated. Also, let' s make it clear - II 13, MR. TRUDEAU: t that' s a very l perce tage. DR. CALA It' s a small pe centa and they can 1511 t.sually be helped ..ith individual treatme:;t MR. TRUDEAU: Right.

DR. CALA_ - which we do by te:8 hone.

MR. TRUDEAU: which ycu still do over the pho right? DR. Yeah. We and cur sta:f can check them through their voice, and we can treat them by phone. MR. TRUDEAU: But it helps most of them, and what we ean by ::e:"p " is we don t t ean we cure the r addic icn in a i rr.

cf mir. -1tes.

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ROGER J, CALLAHAN 619 599 Complain! EXHIBIT A urge, that uncontrollable urge is gone, completely gc e, and they feel fine.

MR. TRUDEAU: Right.

DR. CALA'1: And there is no resistance. They don have to fight it. Now, they may have to repeat that treatment over and over until -- the beautiful thing is for the first time in their life, the cause, the deep cause of the problem is being addressed during this treatment, believe it or not. MR. TRUDEAU; Right.

DR. CALA.A: The real cause.

MR. TRUDEAU: Which brings me to the xt point; What is the root cause that we re dealing with? I mean, you talked about er.e gy patterns running through the body, you kr. , with meridians from the ancient arts.

DR. CALA1\: It' s very, very difficult to explain this, Kevin, because it does relate to quantum physics. 7he information - God, how do I, how do I briefly tell you this? The quickest thing I can tell you is that t ey are anxious. When we do the treatment, they are not ar.xicus. And 20 when we eliminate the anxiety, they don t need the heroin, they den t need the alcohol. The wi thdrawal is gone. MR. TR'JE.U; Is that why when semecne tries to quit add on, anethe= one =eplaces it? 1 o". inq the add ct:c'"I Co?. SU:'2 Without t=ea 2.-" ;:':2:- .:.: :'2::2:-t_ : t ;:2E g: :;, Complaint 125 F.T.c. EXHIBIT A form of treatmen for alcohol:srn, w at co ttey do? Tr.ey go there and they get addicted to sugar, coffee, all kind of things, which are better addictions, by the way, because the alcohol was 4 procably ruining their life, M.R. TRL"DEAU: Right .

DR. CALA: -. but, nevertheless, they still remain 7 highly addicted to these other things.

MR. TRUDEAU: Well, 12t ' s talk about the alcohol. You 9 had mentioned a story where you live in Pal Springs, someone came into the grocery store that recognized you frem TV. DR. CALA; Yeah. I live in Inaian wells. which is right near Palm Springs, and I was gOlDg to the supermar et one day, and somebody slapped me on the shoulder. I looked around, and I see this smiling face.

And he says, Dr. Callahan. I says, yeah. Hi, how are 16 you? He says, I saw you on television. He says, 1 s"'w you a 17 year and a half ago, and you were doing something about addict ions on there. I says, yeah, yeah, I remember that. Acd ve been an alcoho:ic fo 19 he says, you itnow, I' ve ' tried that. like, 20 years, tried a lot of different programs. Nothing r:elped me.

He says, I jus: followed the direc icns that you did on 23 I that program, and I feel so great I wan you to know have m so ::ate:' ..l t:o '14- !!1a1. a lnk lD a yea d a half. He said, ;;0' a:";; :.::e c: : 000:-'':::::::: ::,, : , ROGER J. CALLAHAN 621 599 Complaint EXHIBIT A good.

MR. TRL'DEAU: It t 5 amazing because I read some books for different addictions and overweight.

DR. CALA: Yeah.

MR. TRUDEAU: And it seems that it I 5 always about some type of psychological problem, some type of stress, some hing they are trying to cover up or hide.

DR. Yeah. CA:

MR. TRUDEAU: And I know the feeling. I mean, l' been there like a lot of people where you just want to eat, and you re not hungry; and you say, you know I just have to eat this food.

DR. CALA"..A: In November, the American Psychological Association - - that' 5 my professional organization - - came out with a newspaper article reporting that the science directo= that I 5 the group -- the head of the research and so forth representing the organization - - found that really the people r t doing very well, trying to help other people with problems aren They are not really helping much. So the problems :.sually always come back, and you see, but that r s not applying this work, They are not aware this yet. This gets the heart their problem eliminates most cases, very quickly, MR. TRUDEAU: For those of you watching, again r who do it' 5 a v-'dec w!:-'ch want formation on Dr, :ahan ' 5 echni 2an e:: i:::::2::e 0:: ;S':: ..::2 ::- '" -- 01.. .:.: :. ..:::. _. : .::. :: y, . ! . _. Complaint 125 FTC. EXHIBIT A d yeu ' ve been t=yi g to ose 1 may have. If you are overweight a 2 weight, th s ccu:d be -- and I believe it may be the answer that you I ve bee looking for. If you ' Ye been tryir.g to it s oking G really want to, try this.

You have nothi g to lose by trying it. I r ve used the 61 'ec:or; ,oes myself. I' ve ried them co my fri:n The result ts 7 ha.v c2en nothing more t::an miraculous or spe::-:3cular. You have , ':':20, Hope wi thou:: e.o';':o. "

DR. CA:.; hope wit::' Reason MR. TRUDEAU: ":::-":c wi th Reason.

DR. CALA\": iI-:. you knew, hO ,,jo;.t the story abeu: eup lady? MR. TRUDEAU: Ch, yeah. Every ':h we would run 1 i:-to someone we would use the technique a:", DR. CALA : She was curioL:s about:. \"hat we did, so I said, do you war.: to experience it? She said, Yeah. This ppe ed about 20 nutes ego. 1-. TRUDEAU; Right.

DR. CALA: And she said - - I asked her, Is there anything ir. your past that -- you know cst of us have th r.gs in cur past, same ki d of pa n or trauma.

TRL":E.U: Everyone does. St,re. Yeah. DR. c.zu:'':.A\": Risht. A."lC said cc:". 2:". k:,. e we:". ':-:'':: it :'5, but: x a.bcut it a.:-. ;:cw ,:,-'co. c.:; Y Y": s;c? ': 52:0:2 : : ,, ... .. ROGER J, CALLAHAN 623 599 Complaint EXHIBIT A had this? Seven years.

Well, she s only 29 years old, so she s had this al cst a third of her life. Every time she would think of this during the last seven- year period she I d be in great pain and misery. In a atter of m ybe a minute and half, we got her to a one which I use as the lowest end of the scale, no trace of it. MR. TRL"DEAU: Right.

DR. CALA: And she walked around later, saying I I feel so good. I feel like a load or burden. But, you see, until my d scoveries, nothing like that was possible. MR. TRUDEAU; Right': .

DR. CALA: Ar.d so, check back with her and see how long it endures. We expect that to last forever. MR. TRUDEAU: What other doctors right now -- I know a lot of doctors, therapists from .- whether they be psychiatrists, psychologists -- DR. CALA: Yeah.

MR. TRUDEAU: - - are com ng to you to learn these so they can treat their own pat ents.

DR. CALAHAN' Oh, yes.

MR. TR'JEAU: What are either people, therapists saying? DR. CALA4A; , sosh. We have all kinds 0: -- fo.: exam;:le at our last training session in J ne, this last J'une, :)r. - - w ' s is e? - - fr Massac uset ts . - well EJ".t hi:; 3== :: = ,,:; ; , Complaint 125 FTC. EXHIBIT A spectacular, and I want is r.ame on there. MR. TRUDEAU: Yeah.

DR. CALA..; He said he s been a psych atrist for years, but since he s been doing my procedure, -- this is really terrific -- he said for the first time in 30 years, he has the satisfaction of actually helping his patients. , we 5e:' things like t at from allover.

We had people from Europe, from Canada, a d doctors all ever the country who -- Dr. Fred Gallo, for exa ple, from Per sylvania, is very, very excited because he s been ab:e to 1 j I elimir.ate depression wit these tec iqJes wh ch we developed 12' seme time ago. And he s just thrilled about it because he had always thought that depression was a chemical problem. MR. TRUDEAU: Right.

DR. CA:w: You have to do somethi g with the c:Jem::stry . When we do the trea ments, Kevir., te chemis changes.

MR. TRUDEAU; The actual DR. CALA':: Sure, because we I re work::r.g on a more fundamental level than the chem.:stry. re working a t t input -of - information level to the body. The chemis ry anc thoughts come later. I used to work Just with ttoughts. MR. ':RUDEAU; Right.

::-1 DR. C:. L:- "1' T;-,ey re a os: ir el2va U II :: s .o:-.3=_ 2 :::= 2 '=:0-- :: ;: :.:,, ;€ ROGER J. CALLAHAN 625 599 Complaint EXHIBIT A treatments within less than ten or fifteen minutes. DR. CALA.A; Well, on the video we take them through the step-by- step recipes that we ve developed that will help most people.

MR. TRUDEAU: Now, when you see these physiological changes, -- we talked about the stress reduction, we talked about the urges going away - is there any other physiological or health benefits that you knew are associated with the treatments? DR. CALA: Oh, yeah, because there is a lot 0: -- MR. TRUDEAU: Does energy levels increase, for example? DR. CALA: , yes. Well, there i a lot 0: physiologic health benefits simply from eliminating psychological problems. It I S been L,Own for many, many years that most patients that go to their general practitioners or doctors ually -- at least half 0: them mainly have somethi psychological behind their problem.

:'. ':RUDEAU: You know, I was =eading in a t=ade jou=nal that the 900 lines, the psychic lines, -. DR. CALA: Yea MR. TRUDEAU: the number- one reason people call is ) because they are feeling bad, some type of depression - DR. CALA: Year..

R. TRUDEAt. - - which usually leads :he to overeat, :4: a c they are lccki::g :or rele.t.lor.S:1:"ps ,ey are ccki::c; ::::: ;;0, ey 3.V2 sc c: 2.c' .oF .

Complaint 125 FTC. EXHIBIT A 1 ' c l: ever a d over again to try to get some type cf =-=1.:.ef f::O;this bad feeling. Ar.d these treatments that you give that you teach people hew to ad ister tc themselves in just a matter 0': minutes can alleviate t at problem -- DR. CALA".AN' Yes, in mest people.

:R. TRUDEAt'; ct just .- maybe =Y ave to apply it few more times, SR. CALA' : Yeo.:-..

I'.R. TRUDEAU: -- but hew long does it 12 DR. CAL.AliAN: Wel:", it will vayY from cr. person to at in a small n bqr of them, the next :t' 5 really shockin one treatment is all they need. My first case, ycc: . :1CW. was wi th a s i c: er bar addict ien. fils patient ca!:e to r'-.e because her doctor told she was develop 3 a hear:: problem. Zhe r.eec.ed to lose ut 40 po nds.

She went back six months later. She ha ' t lost a pound. d she explained to her doctor it' 5 because c: the Snicker bi:r. I got to have s icker bars all the time. She carried a bunch of them in her purse for emergenc es. A.'1d so she came to me and said -- I had already helped her with a serJ.ous anxiety problem -- and she said, do you think you coulc! help with this: I said!, let' find out. So we had her thi k about Sr.icker ba.rs, treated her. It took about two or three tes, at :'.es::. a:: .. as :..' years aS8 c:;-d ! :'(8ep c:-;8ckl:". ,,;:.:.:: :-e:: a:-:2 e= 2:: = . . .. ; : .., ,, : : ;;: ROGER 1. CALLAHAN 627 599 Complaint EXHIBIT A MR. TRL"DEAU: It' s amazing -- DR. CALA.A: That' s what happens.

MR. TRUDEAU: -- because when you do the treatment, like when you mentioned. about the am, you don I t try to hide wr. the person -- you say, here, look at it, -- DR. CALA: Yeah.

MR. TRUDEAU: -- smell it.

DR. CALA: Think about how good it is . TRUDEAU: Think how wonderful it is. And I' ve seenpeople like with Haagen Daz Ice Cream who are about to just jump right in -- and tte ice cream is great, as we know, but say, I don t want it. Now, the other thing that you had mentioned which was fascinating is that people can still eat chocolate, they can still eat Haagen Daz, but now they are in control. They can ea t it, or they can still smoke the cigarette, -- DR, CALA: Yeah.

MR. TRUDEAU: but they are now control. DR. CALA: Yeah. People can eat and srnoke and all kinds of things without being addicted. What we are after is eliminating the addiction.

MR. TRUDEAU: Do you find that when people use the treatments for being overweight :ha: t ere is - - that they lose weight very quickly w thout any stress whatsoever :'4 :J?.. ';J . e::: . 1 t ' s m ch e s :er for them ;:00: :-= : :.

Complaint 125 F.T. EXHIBIT A with the Snicker bars, - all she had to do was leave out the Snicker bars, and she started keeping everything else the same and started dropping a pound two pounds a week. MR. TRUDEAU; So now people don I t have -- :or the first time don t have to, quete, go on a diet. DR. CALA"'; Year..

MR. TRUDEA:J: They can just eliminate the addiction to food that they know they shouldn r t be eating? DR. CALA1.: That' s right, yes.

MR. TRUDEAU: d they can eat no a:ly, be happy -- DR. CALA Exactly.

MR. TRUDEAU; -- and have no deprivation. DR. CALAHAN; Right.

MR. ':RUDEAU; ""hieh is a key. When people try to go on diets, I know, they always feel like they are being deprived of something that they really want.

DR. CALA: Oh, yeah.

MR. TRUDEAU: ut you I re say r.g -- DR. CALA: AT.d they can' t wait to get off t e die:. MR. TRUDEAU: You I re saying you eliminate the want. DR. CALA: We el minate that excessive addictive u!"se, yes. ':hat' s right.

:-1R. T",u""EAU" . A.d if you are ove eig t - - I : :;e.:-:::::; .: :-:2;5 :-.."C ::. -=5 ,-":-;e c: ."c:c:- -== :!, . . . ROGER 1. CALLAHAN 629 599 Complaint EXHIBIT A that - - ttey know t at they I ve been ove weight. Let t 5 talk about sports. You mentioned Olympic swimmer. DR. CAL!.'J; Uh- huh.

MR. TR'L"DEAU: What type result DR. CALA.A: Oh, yeah. had OlYTnpic swimmer was sent to me by a psychologist who he was working with because he knew I had developed a phenomenon. It' 5 a very interesting thing I call "psychological reversal. It r 5 sort ot self-sabotaging thing that can happen to any of us. MR. TRUDEAU: I think a lot of us can relate to that. DR. CALA; That' s right. A.'1d r. ' s n excellent athlete. He s just superb, and he was on the -- one of the major teams. And - - but he had trouble just getting over the edge; every time that he was observed and so forth, he couldn' perform up to his maximum ability. We fixed his reversal. Boom, he sudder.ly did well and played in the Olympics. MR. TRIJDEAU: So this can reduce stress if people are in real- life situations, maybe businessmen are going into meetings and their stress is ' going up? DR. CALA: We help a lot of golfers. You know, in the Pal Springs area there' s more golf courses per capita than anywhere in he world, so we get a lot of golfers who are 23: interest ed, ar.d they have the yips. You know, they do well when s -,oc. :':1g, ut put: i:19", YO''' k:-cw, ::-,e s:-:o!": c;a:7'= !"e.;:ly I no 0 y rs :r= c.:-;: = 5 G -..--- .. ;:.. .:. Complaint 125 FTC. EXHIBIT A hall.cf- fame athlete d two golf champions whe had some of that problem and as soon as we t=eated them, whom tt:ey took off.. :-UL :'R:.. DEA:':: Yeah. We call it " chokir.g ur.der p=ess' ..re.. " Right? DR. CALAVI That 1 5 right. Yea:-.. I just was ta:ki person knew who o s archery -- ma ufact es archery ipment, and he was t lling me that it' s a big problem the= tc:; that a lot of pee,:"=: drop out because "hey get-the yips I;jthey are shooting at a arget.. They get n cus, apprehensive, 10 i phobic.

R. TRL'"EAU: ..re. Dr. Ca:'la:'12.:1, i.me 1.5 n.:nnJ.:H2' c.:t and really appreciate y u being my guest. It' a fasc:.natir:9' s;.:,j ect . HopefuEy. ll have time to Gave :"8U on again to talk more about it.

DR. CALA"i Good.

!v. TRUDEAU: !f you are overweight, if you ve bee trying to quit s oking and you can t t, please call the 800 number. This is something t at I personally can encorse and rec= mend. ve used it myself. I've seen my friends us i We both have. And the results have bee nothing but spectacular. Call the 8CO number.

! I m Kevi:l Thanks again f8r being with me and watching. Tn.:ceau. and this has Deen another edition of A Clcse:: !.ook. ""'OL'"CS,,: e preceding been a ;a:d CG -T-' 2 ;;a ROGER J. CALLAHAN 631 599 Decision and Order DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Chicago Regional Office proposed to present to the Commission for its consideration and which if issued by the Commission, would charge respondent with violations of the Federal Trade Commssion Act; and The respondent, his attorney, and counsel for the Commission having thereafter executed an agreement containing a consent order an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission s Rules; and The Commssion having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, and no comments having been filed thereafter by interested parties pursuant to Section 2.34 of its Rules the Commssion hereby issues its complaint, makes the following jurisdictional findings and enters the following order: I. Respondent Roger J. Callahan s principal office or place of business is 45350 Vista Santa Rosa, Indian Wells, California. 2. The acts and practices of the respondent alleged in this complaint have been in or affecting commerce, as "commerce " is defined in the Federal Trade Commssion Act. 3, The Federal Trade Commssion has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER DEFI lTONS For purposes of this order, the following definitions shall apply: I, " Competent and reliable scientific evidence shall mean tests analyses, research, studies, or other evidence based on the expertise of professionals in the relcvant area, that has been conducted and , Decision and Order 125 F. evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

2, Unless otherwise specified respondent shall mean Roger J. Callahan, individually and his agents, representatives and employees, 3, " Commerce shall mean as defined in Section 4 of the Federal Trade Commssion Act, 15 U, e. 44.

It is ordered That respondent, directly or through any corporation, subsidiary, division, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale sale, or distribution of Dr. Callahan s Addiction Breaking System or any substantially similar product in or affecting commerce, shall not represent, in any manner, expressly or by implication, that: A. Such product reduces an individual' s compulsive desire to eat leading to significant weight loss;

B. Such product reduces an individual' s compulsive desire to eat leading to significant weight loss without the need to diet or exercise; e. Such product cures addictions and compulsions, including but not limited to, smoking, eating, and using alcohol or heroin, For purposes of this Part substantially similar product" shall mean any product or program purported to treat addictions or compulsions that is substantially similar in components, techniques, composition and properties, II.

It is further ordered That respondent, directly or through any corporation, subsidiary, division, or other device, in connection with the labeling, advertising, promotion, offering for sale, sale, or distribution of any weight loss product or program or any product or program purported to treat addictions or compulsions in or affecting commerce, shall not make any representation, in any manner expressly or by implication, about the benefits, perfonnance, or effcacy of such product, unless, at the time the representation is made, respondent possesses and relies upon competent and reliable evidence, which when appropriate must be competent and reliable scientific evidence, that substantiates the representation. ROGER J, CALLAHAN 633 599 Decision and Order It is further ordered That:

A. Respondent Roger 1. Callahan shall pay to the Federal Trade Commission by electronic funds transfer the sum of fifty thousand dollars ($50 000) no later than fifteen (IS) days after the date of service of this order. In the event of any default on any obligation to make payment under this Part, interest, computed pursuant to 28 c. 1961(a) shall accrue from the date of default to the date of payment.

B, The funds paid by respondent Roger J. Callahan, pursuant to subpart A above, shall be paid into a redress fund administered by the FTC and shall be used to provide direct redress to purchasers of Dr. Callahan s Addiction Breaking System, Payment to such persons represents redress and is intended to be compensatory in nature, and no portion of such payment shall be deemed a payment of any fine penalty, or punitive assessment. If the FTC determines, in its sole discretion, that redress to purchasers is wholly or partially impracticable, any funds not so used shall be paid to the United States Treasury, Respondent shall be notified as to how the funds are disbursed, but shall have no right to contest the manner of distribution chosen by the Commission.

IV.

It isfurther ordered That respondent Roger J, Callahan shall, for five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commssion for inspection and copying: A. All advertisements and promotional materials containing the representation;

B, All materials that were relied upon in disseminating the representation; and e. All tests, reports, studies, surveys, demonstrations, or other evidence in his possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the representation, including complaints and other communications with consumers or with governmental or consumer protection organizations, It is further ordered That respondent Roger J. Callahan, for a period of ten (10) years after the date of issuance of this order, shall Decision and Order 125 F.TC. notify the Commssion of the discontinuance of his current business or employment, or of his affiliation with any new business or employment. The notice shall include respondent s new business address and telephone number and a description of the nature of the business or employment and his duties and responsibilities. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commssion, Washington, D, VI.

It is further ordered That respondent Roger J. Callahan shall within sixty (60) days after the date of service of this order, and at such other times as the Federal Trade Commission may require, file with the Commssion a report, in writing, setting forth in detail the manner and form in which he has complied with this order. VII, This order wil terminate on April 6, 2018, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order whichever comes later; provided, however, that the filing of such a complaint wil not affect the duration of:

A. Any Part in this order that tennnates in less than twenty (20) years;

B. This order s application to any respondent that is not named as a defendant in such complaint; and e. This order if such complaint is filed after the order has tennnated pursuant to this Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will tennnate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

Commssioner Thompson and Commissioner Swindle not participating, TRU- V ANT AGE INTERNATIONAL, L.L.e. 635 635 Complaint