The FTC has moved for summary judgment against all counts filed against Jason and Eunjung Cardiff.
Default judgment has also been sought against their company Redwood Scientific Technologies.
In support of their August 6th filed motion, the FTC claims
there is no genuine issue as to any material fact with respect to the liability of Jason Cardiff and Eunjung Cardiff.
That is to state, despite there being 440 filings on the case docket as I write this, that the Cardiffs have failed to counter allegations of fraud the FTC leveled against them.
The FTC’s motion is supported by a sixty-eight page memorandum, and three hundred and eight pages of “uncontroverted facts and conclusions of law”.
Through summary judgment, the FTC seeks
to prevent (the Cardiffs) from deceiving consumers in the future through means such as false or unsubstantiated claims about product efficacy, false claims about scientific proof, false money-back guarantee claims, false “Made in the USA” claims, deceptive and unfair claims about enrollment in autoship programs, not providing appropriate means to stop recurring charges, false claims about likely earnings potential, charging consumers without their consent, and initiating or causing the initiation of robocalls to induce the sale of goods or services.
This will be put in place through a permanent injunction. The penalty component of the sought judgment comes to $18.2 million.
The FTC note the Cardiffs have signaled to them their intent to oppose the motion.
In related news the FTC has also filed for default judgment against the Redwood Scientific corporate defendants.
If granted, the motion will see Redwood Scientific hit with a similar permanent injunction and monetary judgment.
Pending a decision on both motions, stay tuned…
Update 1st July 2021 – Despite having summary judgment granted against them last October, the Cardiffs will face no monetary penalty for their FTC Act violations.