11
Miracle Garcinia Cambogia's Response To Dr. Oz Show's Apri122 Questions Miracle Garcinia Cambogia ("MGC") requests the opportunity to appear on The Dr. Oz Show to more fully answer the below and any other questions. On April 8, Travis Beauchesne contacted MGC, said he was calling on behalf of the show, and asked if MGC wanted to cooperate with a story. MGC assumed he had authority and said yes. On the afternoon of April 14, producer Ann Varney again asked if MGC would cooperate. MGC again said yes. That day, Dr. Oz also asked to speak with Richard Fowler and left his business card at MGC's offices, with a note "Dear Richard, wish you were here, call me." See Ex. 1. Again, MGC's answer is yes. MGC would like to speak with Dr. Oz. As the show's producer and attorney have admitted, on April 14, Dr. Oz intentionally trespassed and invaded MGC's offices without warning to create "gotcha" entertainment. As it stands, Dr. Oz appears misinformed about important facts, and the office invasion footage is grossly misleading. Based on statements by Mr. Beauchesne, Ms. Varney and Dr. Oz, we assume The Dr. Oz Show wants MGC's cooperation and wants a story that is fair, balanced, and —most importantly —accurate. This is also why MGC wants to appear on the show. The answers to the Apri122 questions are as follows: MGC's website displayed and linked to a video clip in which Dr. Oz promoted Garcinia Cambogia extract. The website contained no other mention or use of Dr. Oz's name or image. The use of the video clip also was not copyright infringement (see Perfect 10, Inc. v. Google, Inc., 508 F.3d 1145 (9 th Cir. 2007)) because MGC linked to material posted by third-parties on YouTube ar Vimeo. On March 17, MGC received a DMCA notice. The next day, MGC quickly responded, cited supporting legal authority, and explained that the video was accompanied by the following disclaimers: Video Credit.• Dr. Oz has not endorsed any specific product, only the Garcinia Cambogia extract ingredient with 60% HCA. Video is a copyright of Harpo Inc. Miracle Garcinia Cambogia is not affiliated with DN. Mehmet Oz, ZoCo Productions LLC or to ZoCo 1 LLC. ZoCo 1 LLC is the owner of the following trademarks: DR. OZTM, ASK DR. OZTM and THE DOCTOR OZ SHOW TM On April 11, MGC also removed the Dr. Oz video clip from its website. MGC has received no other take - dawn or cease and desist notices. Without knowing, the show may have sent notices to unrelated companies and advertisers. However, MGC only advertises through Google, fully complies with Google's policies, and MGC's Google ad never used Dr. Oz's name, image or any Dr. Oz video clip. See http://miraclegarciniacambogia.com/articleOFF/~; Ex. 2. Again, the March 17 notice was the only notice MGC ever received and MGC promptly responded. MGC took immediate and responsible action following discovery that recent product contained varying levels of HCA. This came to MGC's attention during the April 8 conference with Mr. Beauchesne, who stated The Dr. Oz Show had tested the product and found only 10% HCA. MGC immediately contacted Private Label Nutraceuticals ("PLN"), was concerned by the manufacturer's response, and terminated its contract. As shown by the attached March 5 invoice, PLN represented to MGC that the product contained 60% HCA, and MGC believes PLN is a far more appropriate target deserving of The Dr. Oz Show's attention. See Ex. 3. On April 14, MGC ceased shipping and selling the product and posted this prominent notice on its website: "Thank you for visiting MiNacle Garcinia Cambogia. Unfortunately, we are currently out of product and not accepting new orders at this time. Please contact customer service with any questions." MGC is now only operating to identify a new manufacturer and to accept any customer requests for refunds or returns. The April 14 office invasion was unnecessary and unwarranted, and the airing of that footage would be grossly misleading to The Dr. Oz Show viewers. That said, MGC is grateful that The Dr. Oz Show helped to alert MGC to the HCA issue, and MGC also regrets that Dr. Oz was offended by use of the video clip. Dr. Oz has touted Garcinia Cambogia as a "miracle weight loss" supplement many times, and MGC has trusted and been a devoted fan of Dr. Oz for years. Again, MGC has always wanted to cooperate and requests the opportunity to appear on The Dr. Oz Show to answer any questions.

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Page 1: Miracle Garcinia Cambogia's Response To Dr. Oz Show's ... Garcinia Cambogia...contacted Private Label Nutraceuticals ("PLN"), was concerned by the manufacturer's response, and terminated

Miracle Garcinia Cambogia's Response To Dr. Oz Show's Apri122 Questions

Miracle Garcinia Cambogia ("MGC") requests the opportunity to appear on The Dr. OzShow to more fully answer the below and any other questions. On April 8, Travis Beauchesnecontacted MGC, said he was calling on behalf of the show, and asked if MGC wanted to cooperate with astory. MGC assumed he had authority and said yes. On the afternoon of April 14, producer Ann Varneyagain asked if MGC would cooperate. MGC again said yes. That day, Dr. Oz also asked to speak withRichard Fowler and left his business card at MGC's offices, with a note "Dear Richard, wish you werehere, call me." See Ex. 1. Again, MGC's answer is yes. MGC would like to speak with Dr. Oz.

As the show's producer and attorney have admitted, on April 14, Dr. Oz intentionally trespassedand invaded MGC's offices without warning to create "gotcha" entertainment. As it stands, Dr. Oz appearsmisinformed about important facts, and the office invasion footage is grossly misleading. Based onstatements by Mr. Beauchesne, Ms. Varney and Dr. Oz, we assume The Dr. Oz Show wants MGC'scooperation and wants a story that is fair, balanced, and —most importantly —accurate. This is also whyMGC wants to appear on the show. The answers to the Apri122 questions are as follows:

MGC's website displayed and linked to a video clip in which Dr. Oz promoted Garcinia Cambogiaextract. The website contained no other mention or use of Dr. Oz's name or image. The use of the videoclip also was not copyright infringement (see Perfect 10, Inc. v. Google, Inc., 508 F.3d 1145 (9th Cir.2007)) because MGC linked to material posted by third-parties on YouTube ar Vimeo. On March 17,MGC received a DMCA notice. The next day, MGC quickly responded, cited supporting legal authority,and explained that the video was accompanied by the following disclaimers:

Video Credit.• Dr. Oz has not endorsed any specific product, only the Garcinia Cambogiaextract ingredient with 60% HCA. Video is a copyright of Harpo Inc.

Miracle Garcinia Cambogia is not affiliated with DN. Mehmet Oz, ZoCo Productions LLCor to ZoCo 1 LLC. ZoCo 1 LLC is the owner of the following trademarks: DR. OZTM, ASKDR. OZTM and THE DOCTOR OZ SHOW TM

On April 11, MGC also removed the Dr. Oz video clip from its website. MGC has received no other take-dawn or cease and desist notices. Without knowing, the show may have sent notices to unrelatedcompanies and advertisers. However, MGC only advertises through Google, fully complies with Google'spolicies, and MGC's Google ad never used Dr. Oz's name, image or any Dr. Oz video clip. Seehttp://miraclegarciniacambogia.com/articleOFF/~; Ex. 2. Again, the March 17 notice was the only noticeMGC ever received and MGC promptly responded.

MGC took immediate and responsible action following discovery that recent product containedvarying levels of HCA. This came to MGC's attention during the April 8 conference with Mr. Beauchesne,who stated The Dr. Oz Show had tested the product and found only 10% HCA. MGC immediatelycontacted Private Label Nutraceuticals ("PLN"), was concerned by the manufacturer's response, andterminated its contract. As shown by the attached March 5 invoice, PLN represented to MGC that theproduct contained 60% HCA, and MGC believes PLN is a far more appropriate target deserving of The Dr.Oz Show's attention. See Ex. 3. On April 14, MGC ceased shipping and selling the product and posted thisprominent notice on its website: "Thank you for visiting MiNacle Garcinia Cambogia. Unfortunately, weare currently out of product and not accepting new orders at this time. Please contact customer servicewith any questions." MGC is now only operating to identify a new manufacturer and to accept anycustomer requests for refunds or returns.

The April 14 office invasion was unnecessary and unwarranted, and the airing of that footagewould be grossly misleading to The Dr. Oz Show viewers. That said, MGC is grateful that The Dr. OzShow helped to alert MGC to the HCA issue, and MGC also regrets that Dr. Oz was offended by use of thevideo clip. Dr. Oz has touted Garcinia Cambogia as a "miracle weight loss" supplement many times, andMGC has trusted and been a devoted fan of Dr. Oz for years. Again, MGC has always wanted tocooperate and requests the opportunity to appear on The Dr. Oz Show to answer any questions.

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Miracle Garcinia Cambogia ~ Weight Loss Miracle Page 1 of 3.. ..

~, ~ 1

What is Garcinia Cambogia Proven Ingredients Contact Us

Stores Struggle to Keep the Popular Fat Burner in Stock. Doctors Call Garcinia Cambogia "TopFat Burner in a Bottle"

Posted by MiracleGarciniaCambogia.com

Note: Garcinia Camboaia has sold out in most major stores. As of Thursday, April 24, 2014 iYs still Available Online

Usually I don't recommend "weight-loss" supplements;especially those that claim "easy" and "fast' weight loss. As anutritionist, I believe that the key to weight loss is exercise anda healthy diet. But thanks to new scientific research — I amexcited about this revolutionary new fat buster.

The superfood is Garcinia Camboaia, and it is creating majormedia buzz. Garcinia Cambogia has doctors and scientistsaround the world very excited with its ability to help people loseweight without doing anything different. Let me share this trulystunning research with you.

Vdeo Credit Dr. Oz has not endorsed any specific product, only the Garcinia Cambogia eMract ingredient with60% HCA.

Latest Research - Garcinia Cambogia Helps You Burn More Fat: ~ ̀ ~ ~! ,

The recent clinical study that has the whole industry buzzing was conducted by Dr Harry GPreuss of the Georgetown University Medical Center. The study followed 30 obese patientswho were supplemented with HCA 2800mg of Garcinia Cambogia and strictly monitored for 8weeks. On average, the participants lost an incredible amount of weight in a short period oftime.

It's not just the incredible weight loss that has the scientific community buzzing. IYs the fact thatthe participants were told not to change their diet. There were also no side effects reported.*

T 1~ -

~~~5 .~~

11 ~ - ~ ~.

What is Garcinia Cambogia and How Does it Work?

Garcinia Cambogia is pumpkin shaped fruit that grows in Southeast Asia and India.The key ingredient is a very important natural active compound called ChlorogenicAcid. Chlorogenic Acid helps to slow the absorption of fat, and stop weight gain.

v

http://miraclegarciniacambogia.com/articleOFF/gs/ 4/24/2014

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Miracle Garcinia Cambogia Weight Loss Miracle Page 2 of 3

What To Expect With Garcinia Cambogia:

Although there are many Garcinia Cambogia supplements on the market. Here is what we experienced when we tried Miracle GarciniaCambogia:

J Potent Fat Burner J Tremendous Weight loss results

.~ Effective Appetite Suppressant 1/ Increase in Focus Energy Throughout the day

J Works Quickly, Proven Results J No Crash

J Affordable Prices

Conclusion

While you can spend the next two weeks or even just the next two hours reading more about Garcinia Cambogia (HCA), at some pointyou are going to have to make a decision. It is one that could change your life and should not be taken lightly, but you do NOT want to beone of those people who sit on the fence, thinking about doing something to lose weight. No more excuses about not being able to do it.You are being offered a tool, Garcinia Cambogia, that can help you reach all of your weight loss goals. No matter your target weight, youshould not wait any longer to try Garcinia Cambogia (HCA extract).

t Suggested Use: For best results take one or two capsules of Miracle Garcinia Cambogia Extract about 30 minutes before meals for 5months. Remember that combining Garcinia Cambogia with a healthy diet and exercise can improve your results!

Every order of Miracle Garcinia Camboaia is cone-time-only transaction. In other words, there are absolutely no reoccurring charges or hidden offers.

Comments*Read Responses For: Stores Sfruggle to Keep Popular Faf Burner in Stock. Top Doctors Call if "Miracle Fat Burner in a Bottle"

Comment Left on: Saturday, April 19, 2014 at 8:25 AM

This stuff is amazing! My best friend Jessica took the same pills and lost an incredible amount of weight over 5 months.. i couldn't believe itand had to do some research on my own which is how I found this article. I can't believe they have them in stock! I know Jessica spentsomething like $600 and was thrilled.. imagine how excited she would be if it cost her under $30.00. This is a godsend, thanks so much!!.-kim.

http://miraclegarciniacambogia.com/articleOFF/gs/ 4/24/2014

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Miracle Garcinia Cambogia ~ Weight Loss MiracleComment Left on: Sunday, April 20, 2014 at 9:10 AM

Page 3 of 3

A friend of mine did the Garcinia Cambogia 5 bottle diet and recommended it to me 3 weeks ago. I ordered the pills and received them

within 3 days (although I didnt get the discounted shipping). The results have been incredible and I can't wait to see what weeks 3 and 4

bring.- Lauren

Comment Left on: Tuesday, April 22, 2014 at 2:09 AM

My friends and I have all been waiting for the Garcinia Cambogia pills to hit the web. At least 5 of us have all taken the Garcinia Cambogia

pills and we all lost a bunch of weight. This stuff truley is incredible and has changed all of our lives. -Jennifer

Comment Left on: Tuesday, April 22, 2014 at 11:41 PM "

wasn't sure about ordering online but this deal seals it for me, didn't want to miss out. checked out the pages and all is protected and good.

looking forward to my new body -Victoria

Comment Left on: Wednesday, April 23, 2014 at 9:52 PM "

Telling all my friends about this, thanx for the info

Learn More About Garcinia Cambogia

http://miraclegarciniacambogia.com/articleOFF/gs/ 4/24/2014

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~~ ~r~i~~~~ Lib ~ 1[~ Li T R A C E if T I t: A L S

Norcross. GA 30071

www.PrivateLabelNutra.com

Name /Address

Lead Seeker, LLC.10606 Camino Ruiz STE 8 #215San Diego, CA 92126

Sales OrderDate S.O. No.

3/5/2014 28305

Ship To

Tarr Inc.Marco Fregoso9823 Pacific Heights Blvd Suite HSan Diego, CA 92121***Special Shipping

Terms P.O. No. Rep

Wire Transfer BH226

Item Description Ordered Rate Invoiced Amount

PL- Garcinia A... PL- Garcinia Cambogia (60) 50,000 1.85 0 42,500.00PLN SKU: 2-02025-AKE2°MIRACLE GARCINIA"

Formula Specifications: House FormulaBottle Color: AmberBottle Cap Color: BlackBottle Size: 200ccProduct Count and Form: 60ct, Capsules

FORMULA:Serving Size: 2 CapsulesServings per Container: 30Calcium 50 mgChromium 200 mcgPotassium 50 mgGarcinia Cambogia (fiuit rind) 1000 mgExtract (with 60% HCA)Other Ingredients: Gelatin

Labels in stock: YesLabel Design: Provided by PLN-N/ALabel Printing: Provided by PLN-N/AETA: Estimated start of production is 5 weeksafter deposit has been receivedFORMULA: House Formula

Packing &Han... Packing &Handling 1 5,000.00 0 5,000.00marco@tarrinacom Business

Deposits made on Sales Order are non-refundable.Please review and inform us of any changes needed. TOta

Phone # Fax #

1.8 88.240.483 5 1.888.240.4839

Page 1

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C~~ l~riv~t+~ L~el(~ U T" F ~1 C E U '~ I ~,.' i E. ~~

Norcross. GA 30071

www.PrivateLabelNutra. com

Name /Address

Lead Seeker, LLC.10606 Camino Ruiz STE 8 #215San Diego, CA 92126

Sales OrderDate S.O. No.

3/5/2014 28305

Ship To

Tarr Inc.Marco Fregoso9823 Pacific Heights Blvd Suite HSan Diego, CA 92121***Special Shipping

Terms P.O. No. Rep

Wire Transfer BH226

Item Description Ordered Rate Invoiced Amount

PLEASE COORDINATE SHIPPING WITH

SEKO LOGISTICS

Michael WidjajaDomestic OperationsSEKO Logistics7345 Mission Gorge RdSuite JSan Diego CA, 92120Main: 619-229-2222Fax:619-229-2229

Customer Depo... Customer paid $24k via wire 3.6.14 1 -24,000.00 0 -24,000.00

Deposits made on Sales Order are non-refundable.

Please review and inform us of any changes needed. TOta~ $73,500.00

Phone # Fax #

1.888.240.4835 1.888.240.4839

Page 2