vemma-logoFollowing the updating of the case docket, we can provide you a bit more information about the Vemma preliminary injunction hearing on September 15th.

Before the hearing took place, Judge Tuchi addressed two previous filings.

The first was from Vemma, who had objected to the FTC’s evidence on the basis it was inadmissible. The second was a motion from the FTC, seeking to prevent Vemma from filing “irrelevant evidence”.

Both filings were denied.

Witness lists were then filed, with Vemma calling up Matthew Thacker (FTC investigator), Stacie Bosley (assistant professor of Economics, Marketing and Strategy at Hamline University), Bonnie Patten (Executive Director of Truth in Advertising) and Ken Johnson (temporarily appointed Vemma Receiver).

The FTC called up E. Emre Carr (Berkeley Research Group), Brad Wayment (Vemma’s Chief Operating Officer) and Allison Tengan (Vemma Legal and Compliance Department Manager).

On the evidence side of things, the FTC submitted

  • three declarations by Matthew Thacker
  • an “expert declaration” by Stacie Bosley
  • a declaration by Bonnie Paten
  • “Roadmap to Success” (Vemma marketing material)
  • a translation of the Italian pyramid scheme decision against Vemma
  • a declaration by Adam Fracassi (Assistant Attorney General at Michigan Department of Attorney General)
  • “Everybody Deserves Great Health” booklet (Vemma marketing material)
  • transcript of a Vemma event held in Michigan
  • corrections to the above transcript

Vemma submitted

  • attached exhibits supporting a declaration by E. Emre Carr
  • attached exhibits supporting a declaration by Morris C. Aaron and MCA Report
  • a declaration by BK Boreyko (Vemma Founder and CEO)

A minutes order at the conclusion of the September 15th hearing advises:

IT IS ORDERED taking this matter under advisement. Formal order to issue by 2:00 p.m. on Friday, 9/18/2015.

Until then, stay tuned…


Footnote: Our thanks to Don@ASDUpdates for providing a copy of the Vemma case docket.