FTC vs. Central Coast Nutraceuticals, Inc.

“I“Ms. did Oprah not approve Winfrey or has agree never to the useendorsed of my orname approved or my AcaiPure.”image on this“Ms. websit Oprahe Winfrey. . . . I have has never never used, endorsedendorsed orany approved acai berry AcaiPure. I amsupplement not associated or acai with berry nor related do I endorseproduct byor name.”approve any acai berry product, company or online solicitation“Ms. Oprah ofWinfrey such products,has never includingapproved AcaiPure.”or agreed to have her image or name used in conjunction -with Declaration the sale of Rachael and marketing Ray of any acai berry related product.”

- Declaration of Douglas J. Pattison Chief Financial Officer, Oprah Winfrey’s Harpo, Inc.

FEDERAL TRADE COMMISSION | FTC.GOV DECLARATION OF PURSUANT TO 28 U.S.C. §1746

I, Rachael Ray, have personal knowledge of the facts and matters discussed in this declaration, and, if called as a witness, could and would testify as follows:

1. I am over the age of twenty-one (21) and am competent to give this testimony.

2. I live in State.

3. I am the host of the Rachael Ray Show, an award winning nationally syndicated daytime television show. I have also hosted a series oflifestyle and travel shows which air and/or have aired on the , including Rachael's Vacations, Rachael

Ray's Tasty Travels, $40 A Day, Inside Dish and 30-Minute Meals.

4. In addition to my television endeavors, I authored several bestselling cookbooks, including: 3D-Minute Meals, 3D-Minute Meals 2, 3D-Minute Meals: Get Togethers,

Comfort Foods, Veggie Meals, The Open House Cookbook, Cooking Round The Clock

Rachael Ray 3D-Minute Meals, Cooking Rocks! Rachael Ray 3D-Minute Meals for Kids,

Rachael Ray Best Eats In Town On $4D A Day, Rachael Ray 3D-Minute Get Real Meals,

Rachael Ray 365: No Repeats A Year of Deliciously Different Dinners, Express Lane

Meals, 2-4-6-8: Great Meals for Couples or Crowds, Just in Time: All-New 3D-Minute

Meals, Super-Fast IS-Minute Meals and Slow It Down 6D-Minute Meals, Yum-o! The

Family Cookbook. Rachael Ray's Big Orange Book, and Rachael Ray's Book of I D.

Eight of my most recent titles were New York Times bestsellers.

5. I have reviewed the two page document attached to this declaration as Ray At!.

A. I have been told that Ray Att. A is a printout of the home page of website www.healthyberrvcleanse.com.asit appeared on April 8,2010, which is a website

1 marketing and selling a product called AcaiPure. I have been informed that this is one of numerous websites that sells the product AcaiPure.

6. Among other things, as part of the marketing of AcaiPure, the home page depicted in Ray Att. A contains a photograph of me at the top of the page, and next to the photograph, the text "Acai Berry rated #1 SUPERFOOD by Rachael Ray."

7. I did not approve or agree to the use of my name or my image on this website. I have never approved or agreed to the use of my name or my image in conjunction with the sale and marketing of AcaiPure, or any acai berry related product.

8. I have never used, endorsed or approved AcaiPure. I am not associated with nor do I endorse or approve any ayai berry product, company or online solicitation of such products, including AcaiPure.

I declare under penalty of peIjury that the foregoing· on-::::s.u.,,-e. S" ,2010, within the United States.

Ray

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