Federal Trade Commission v. Golden Sunrise Nutraceutical, Inc., et al.

CourtDistrict Court, E.D. California
DecidedSeptember 30, 2025
Docket1:20-cv-01060
StatusUnknown

This text of Federal Trade Commission v. Golden Sunrise Nutraceutical, Inc., et al. (Federal Trade Commission v. Golden Sunrise Nutraceutical, Inc., et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal Trade Commission v. Golden Sunrise Nutraceutical, Inc., et al., (E.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FEDERAL TRADE COMMISSION, No. 1:20-cv-01060-DJC-SKO 12 Plaintiff, 13 v. ORDER 14 GOLDEN SUNRISE NUTRACEUTICAL, 15 INC., et al., 16 Defendants. 17

18 Plaintiff Federal Trade Commission (“FTC”) brought suit against Defendants in 19 2020, alleging that Defendants had advertised their products using false and 20 unsubstantiated claims that Defendants’ products could treat, mitigate the symptoms 21 of, or cure various ailments, including COVID-19, cancer, and Parkinson’s disease. 22 Plaintiff also alleged that Defendants misrepresented that the Food and Drug 23 Administration (“FDA”) had approved their products. Presently pending before the 24 Court is Plaintiff’s long-pending Motion for Summary Judgment. (ECF No. 65.) For 25 the reasons stated below, Plaintiff’s Motion for Summary Judgment is granted. 26 BACKGROUND 27 In July 2020, Plaintiff filed a complaint against Defendants Golden Sunrise 28 Nutraceutical, Inc. (“GSN”), Golden Sunrise Pharmaceutical, Inc. (“GSP”), Huu Tieu, and 1 Stephen Meis. (Compl. (ECF No. 2).) Causes of Action One through Three of the 2 Complaint alleged that Defendants violated sections 5(a) and 12 of the FTC Act based 3 on their representations regarding the effectiveness of their products to treat, mitigate 4 the effects of, or cure COVID-19, cancer, and Parkinson’s Disease. (See id. at 24–26 5 (citing 15 U.S.C. §§ 45(a), 52).) Cause of Action Four alleges alleged that Defendants 6 violated sections 5(a) and 12 of the FTC Act through Defendants’ representation that 7 their products had been reviewed and accepted by the FDA, that their products were 8 designated by the FDA as Regenerative Medicine Advanced Therapies (“RMATs”), 9 and that “[t]he FDA’s designation signifie[d] that Defendants’ products are safe and 10 effective.” (See id. at 26 (citing 15 U.S.C. §§ 45(a), 52).) 11 Shortly after the Complaint was filed, Plaintiff sought a Temporary Restraining 12 Order. (ECF No. 3.) District Judge Dale A. Drozd granted Plaintiff’s Motion, ordering 13 Defendants to, among other things, refrain from “[f]urther violations of 15 U.S.C. 14 §§ 45(a), 52, as alleged in the complaint[.]” (ECF No. 16 at 14–15.) A Preliminary 15 Injunction was later entered by stipulation of the parties. (ECF Nos. 25, 26, 29, 30.) 16 On October 1, 2021, Plaintiff filed the Motion for Summary Judgment presently 17 before the Court. (Mot. (ECF No. 65).) Defendants did not initially file a timely 18 opposition to that motion. After further proceedings regarding substitution of 19 Defendants’ counsel and requests by Defendants for extensions of time to respond to 20 the motion, District Judge Ana de Alba1 issued an order denying further requests for 21 extensions of time to file a response and stating that the court would “rule on the 22 motion for summary judgment by Plaintiff Federal Trade Commission as unopposed.” 23 (ECF No. 109.) On January 31, 2023, a few weeks after Judge de Alba’s order, 24 Defendants sought to have the order set aside so that they could file an opposition to 25 Plaintiff’s summary judgment motion. (ECF No. 117.) Both the Motion for Summary 26 Judgment and the Motion to Set Aside remain unresolved.

27 1 In the intervening time since that order, Judge De Alba has since been elevated to the Ninth Circuit 28 Court of Appeals. 1 Separate from this civil action and before the Complaint in this action was filed, 2 Defendant Huu Tieu was indicted on two counts of mail fraud in violation of 18 U.S.C. 3 § 1341 and three counts of introduction of misbranded drugs into interstate 4 commerce with intent to defraud or mislead in violation of 21 U.S.C. §§ 331(a) and 5 333(a)(2). United States v. Tieu, 1:20-cr-00109-BAM (ECF No. 1). The charged 6 conduct overlapped with the conduct at issue in this action. While the motions 7 discussed above were pending in this action, Defendant Tieu reached a plea 8 agreement with the government under which he pled guilty to a superseding 9 information, which charged him with three counts of introduction of misbranded 10 drugs into interstate commerce. United States v. Tieu, 1:20-cr-00109-BAM (ECF Nos. 11 83–85). 12 The Court has since permitted Defendants’ former counsel to withdraw from 13 Defendants’ representation and permitted Defendants to file a response to the Motion 14 for Summary Judgment. On August 29, 2025, Defendant Tieu, now proceeding 15 without counsel, filed an Opposition to the Motion for Summary Judgment. (Opp’n 16 (ECF No. 152).) Plaintiff has filed a Reply. (Reply (ECF No. 154).) 17 Defendant Tieu also filed two sur-replies to Plaintiff’s Reply. (ECF Nos. 155, 18 156.) Under the Local Rules, after a reply is filed, no further briefing is permitted 19 absent express leave of the Court. Local Rule 230(m). Defendant Tieu did not receive 20 leave of the Court and, as such, these sur-replies are stricken as unauthorized and will 21 not be considered. 22 LEGAL STANDARD 23 Summary judgment is appropriate where “there is no genuine dispute as to any 24 material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 25 56(a). A dispute is “genuine” if “a reasonable jury could return a verdict for the 26 nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A fact is 27 “material” if it “might affect the outcome of the suit under the governing law.” Id. 28 1 The moving party bears the initial burden of informing the court of the basis for 2 the motion and identifying the portion of the record “which it believes demonstrate 3 the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 4 317, 323 (1986). The burden then shifts to the opposing party to “establish that there 5 is a genuine issue of material fact. . . . “ Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio 6 Corp., 475 U.S. 574, 585 (1986). The parties must “(A) cit[e] to particular parts of 7 materials in the record. . . or (B) show[] that the materials cited do not establish the 8 absence or presence of a genuine dispute, or that an adverse party cannot produce 9 admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1). When determining a 10 motion for summary judgment, “the inferences to be drawn from the underlying 11 facts. . . must be viewed in the light most favorable to the party opposing the motion.” 12 Matsushita Elec. Indus. Co., 475 U.S. at 587 (citation omitted). Ultimately, for the 13 moving party to succeed, the Court must conclude that no rational trier of fact could 14 find for the opposing party. See id. 15 A court may consider evidence as long as it is “admissible at trial.” Fraser v. 16 Goodale, 342 F.3d 1032, 1036 (9th Cir. 2003). “Admissibility at trial” depends not on 17 the evidence’s form, but its content. Block v. City of L.A., 253 F.3d 410, 418–19 (9th 18 Cir. 2001) (citation omitted).

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Bluebook (online)
Federal Trade Commission v. Golden Sunrise Nutraceutical, Inc., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-trade-commission-v-golden-sunrise-nutraceutical-inc-et-al-caed-2025.