Closing Argument (9)

CONCLUSION

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For all of the foregoing reasons, the Statement of Charges should be dismissed in its entirety. In the alternative, the Statement of Charges should be dismissed as to Neal Deoul.

Respectfully submitted,
David Freishtat
Stacie F. Dubnow

FREISHTAT & SANDLER
1500 One Calvert Plaza
201 East Baltimore Street
Baltimore, Maryland 21202
(410) 727-7740
Attorneys for Neal Deoul

CERTIFICATE OF SERVICE
I HEREBY certify that on this ____ day of May, 1999, a copy of the foregoing Closing Argument was hand-delivered to:

Philip Ziperman
Assistant Attorney General
Office of the Attorney General
Consumer Protection Division
200 St. Paul Place, 16th Floor
Baltimore, Maryland 21202

Michael Marr, Esquire
7305 Bel Air Road
Baltimore, Maryland 21202

Stacie F. Dubnow

1. Ms. Daley left presents for Dr. MacNay and purchased aloe vera from Cosmetic Specialty Labs after she returned home. (Daley, Tr. at 179).
2. Neither Dr. Gallant nor Dr. Humphrey were qualified to offer opinions regarding the safety or effectiveness of cesium chloride. Dr. Gallant was qualified as an infectious disease expert and Dr. Humphrey as an oncologist and immunologist. Although the State attempted to qualify Dr. Winters as an expert in cesium chloride, he failed to qualify as such and was not permitted to render any opinions on the subject. No attempt was made to qualify Dr. DuBois as an expert on cesium.
3. Scott Van Horn testified at the hearing that in response to the State's document subpoena, T-Up produced whatever scientific studies, articles and other materials happened to be within the company's possession at that time. He further testified that to his knowledge, there were a number of other journal articles and materials which supported T-Up's claims about its products. T-Up never has represented that the scientific journal articles contained within State Exhibit 56 in and of themselves substantiate T-Up's claims about its products in its marketing materials. Moreover, State Exhibit 56 is the end result of a production in response to a State request for documents which supported T-Up's claim that its products "appear ... to be able to manipulate the immune system and help the body address problems such as cancer... ." (emphasis added). This is a far cry from the State's claim in its Statement of Charges that Respondents represented that their products had been "medically proven" effective treatments and cures.
4. Performance of the perfunctory task of ordering copies of the Brochure and Tape from a relative does not make Deoul an active participant in T-Up's marketing practices.
5. For the same reasons, the OAH refused to let Dr. Winters address the cesium chloride journal articles.

[END]

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