Reference no: EM131473597

Question: Sabal manufactured and sold of a line of overthe-counter topical hair loss products known as the "hair farming system." She claimed that these products work by cleaning out congested pores and allowing hair to escape that would otherwise be trapped beneath the scalp. Sabal entered into an exclusive marketing agreement with Mega Systems, Inc., to advertise her hair-farming products on a nationally broadcast radio infomercial. During the infomercial, she stated that her products "can deep clean underneath the surface of the scalp, and clean out all the debris that prevents the hair or blocks the hair from reaching the surface." She also stated: "I have a right to this theory, whether the medical community believes me or not, although they soon will because I'll be written up in most of the major medical journals around the world .... It's guaranteed to work on every human being .... And everyone should have their hair back in six months to a year, permanently, painlessly, and never have to purchase anything again." In addition to the infomercial, Sabal published similar claims on an Internet website and in a book she published. The FTC charged her with deceptive advertising and fraudulent misrepresentation. How should the court rule on the FTC's motion for a preliminary injunction?