Food Trade Consultants

Copies of all materials (same documents previously referenced) were sent to new address, USPS Tracking number [redacted]

Mary Carter has been out of the office for a week and just returned from Florida this weekend (see attached itinerary)Regarding the remaining questions Mr [redacted] asked: Upscale formulas for commercial production of food products are always computed in gallon batch sizesThis is a universal standard in the industryTo determine the quantities for smaller production runs like a gallon batch, Mr [redacted] should simply use percent of the formula provided Because Mr [redacted] does not make his recipe from scratch, he faces a unique situationThe main ingredient in Mr [redacted] product is a seasoning manufactured by another food company, McCormick Mr [redacted] adds other ingredients to the McCormick product to make his productBecause Mr [redacted] has no control over the blend being manufactured by the other food company, he cannot control the viscosity of these ingredientsIt may vary from batch to batch depending on the viscosity of the blend coming from McCormick FTC suggested one option to Mr [redacted] to prevent clumping of the ingredientsHe was advised to use wheat powder in his product to reduce any clumping created when blending his product with the McCormick productHowever, before it can be determined precisely how much wheat powder to use, Mr [redacted] needs to conduct some test batching, an additional service Mr [redacted] did not contracted FTC forThe amount of wheat powder necessary to stabilize Mr [redacted] product may as little as 1/10th of one percent of his recipe or more and will likely vary from batch to batch depending on the viscosity of the McCormick productThe FDA does not require the disclosure of ingredients like wheat powder on the Ingredients Statement of Upscale Formula when they are this minute Given the formality required when addressing Revdex.com complaints, we prefer to provide responses in writing (as opposed to a phone call) so a paper trail is createdIt should be noted that Mary Carter travels extensively and currently conducts fee-based consulting services by appointment onlyI trust this clarification adequately addresses Mr [redacted] questions [redacted] Food Trade Consultants

In response to the erroneous and misleading claims filed by [redacted] , we will address and disprove each issue raised with supporting documentation sans-serif;"> In 9-we met [redacted] of Food Trade ConsultantsOn 9-21-2015, an NDA signedOn 9-24-2015, the contract signedWe chose FTC to package dry mixes for usFTC services: Provide Ingredient Statements/ and allergen notification (NOT RECEIVED) Nutrition Fact Panel (Separate two part panels) (ONLY RECEIVED ONE PART) The allergen notice appears at the bottom of a Nutritional Facts panel however, before his Ingredients Statements can be accurately generated, the client must provide all the ingredients used in the production of their respective recipe(s)Mr [redacted] has not been able to do that because one of his pri [redacted] ingredients (Honeyville powered eggs) were removed from the market for a term of up to months due to bacteria concerns arising from bird fluAny delay stems from client’s inability to provide an alternative to Honeyville’s product as reflected in this email to SrConsultant [redacted] : [redacted] [redacted] *** [redacted] ***As of 7/24/Mr [redacted] has not yet provided us with a replacement for this ingredient therefore it is impossible for FTC to generate a Nutritional Facts Statement that is FDA/USDA compliantUntil FTC has the complete list of ingredients used in Mr [redacted] ’s product, this document (and his product) cannot be finalizedMr [redacted] never contracted FTC for formula creation or ingredients procurement services so we must wait for him to provide the missing info Weight/ Measures (RECEIVED?- SEE UPSCALE FORMULAS BELOW) Manufacturers Formula (NOT RECEIVED) On 10/19/Mr [redacted] received all four of his Manufacturing Formulas (including his Nutritional panels and weights and measures)Mr [redacted] is apparently unaware that the “Upscale Formula” he received is his Manufacturer’s FormulaThey are two industry terms applying to the same thing, a certified recipe used for large batch commercial productionClient confirms he received theseAt the bottom of these documents is the applicable Weights & Measures data he claims he did not receiveThis appears on three of his four Mfr’s Formulas and is not included on the fourth product (Pancake Mix) because client has not advised us how many pancakes per package they wantUntil client provides us with the weight of mix to be packaged per container, this cannot be determinedWe are not providing copies of the formulations generated for Mr [redacted] because they are his proprietary and confidential information and FTC is bound by a strict Nondisclosure Agreement to protect the secrecy of his recipesBesides, it is not questioned whether client received these documents, he states in his complaint he did Jar/Container or packaging assistance (RECEIVED, BUT NOT TIMELY) Label information and stats for FDA or USDA compliancy page (NOT RECEIVED) Delays in packaging were caused by Mr [redacted] ’s third party (graphic designer) and FTC is in no way responsible nor were we were ever contracted to produce any packaging materials for himFTC’s role was to review the labels Mr [redacted] created for compliancyOne label was submitted by client and his design was fine but the label was not complaint because it had no Ingredients Statement, which is a mandatory disclosureMr [redacted] ’s use of other parties for his packaging and labeling are confirmed in this email to SrConsultant [redacted] : [redacted] [redacted] *** This is FTC’s reply to the email above: [redacted] [redacted] [redacted] [redacted] *** [redacted] [redacted] [redacted] [redacted] [redacted] After FTC responded client never rescheduled kitchen time or provided FTC the packaging he purchasedHe sent us this email advising us he was relocating from California to Arizona: [redacted] [redacted] [redacted] On 10/19/client received all four Nutritional Facts Statements which is the “label information and stats for FDA and USDA compliancy” Mr [redacted] claims he did not receiveBecause these documents are intended for exterior packaging of the client’s products, it is not a violation of the Nondisclosure Agreement to share them so copies are provided hereinThree payments scheduled (two paid)Samples delivered to FTC on 9-29-FTCs lab to provide shelf life etcShe led us to believe shelf life info to arrive shortlyWe never received itFull lab results to come in 10-weeks (by end of 12-2015) Mr [redacted] ’s contract clearly defines the terms for receiving a complimentary Shelf Life testNormally FTC requires payment for services in advance however, to assist Mr [redacted] we agreed to accept scheduled installments with conditionsAt the bottom of the first paragraph of FTC’s Service Agreement we state: “If these terms are not adhered to or a payment is missed then the original fee of $per product and the $shelf life test will be due at the full rate all at once and in full within days.” So because client failed to remit his January installment his current outstanding balance is $which remains unpaidFor this reason his Shelf Life testing has been placed on holdSee signed contract providedPackaging assistance delayedWe attempted to get serviceOur first kitchen day postponed as resultAfter asking for nutrition fact panels, she said ingredients needed to be in kitchen in order to get panelsThis was new to usWe told her attaching labels on bags when filled would cause them to crinkle/ look unattractiveNo response from her FTC’s sole contracted obligation was to provide the clinical analysis of client’s products (Mfr’s Formula, Ingredients Statement and Nutritional Facts Statement) and Mr [redacted] selected a graphic artist and packaging vendor for his products, [redacted] reviewed these at no charge to clientHe was advised that the labels must be applied to the empty bags while they were flat and free of product dust, via a phone callMr [redacted] requested FTC review one label (attached) and never provided samples of the labels or packaging from the vendors he selected We could not order labels until our bags filled and lab results providedOn 10-19- 2015, she sent upscale formulas (seemed sloppy) with no lab name just her business logo (no lab name ever given)We asked to postpone kitchen time, but expected her to meet the contractOn 12-21-we emailed herNo response until a second email 1-7-She responded next day stating lab results not ready until end of January, and payment dueWe replied payment to be mailed upon receipt of services Final email sent on 1-29-asking for refund or services givenNo response until 2-9-No answers for usNo further contact As previously addressed, FTC could not finalize the Ingredient Statements unless and until client provided all the ingredients used in his recipeHe never did thisThis delay is entirely on the client and we have countless emails showing we granted extensions and rescheduling requests each and every time client ran into a roadblock securing ingredients or packaging materials provided by third parties he selectedFTC delivered everything FTC could deliver in a timely fashionDue to the stringent county, state and federal regulations that apply to commercial food manufacturing and the immense liabilities that accompany any violations, FTC cannot and will not generate certified analysis of any food product without knowing exactly what is in itFTC would be liable (just as client would) for any breaches of the FDA, USDA, and Deptof Weights and Measures regulations In 6-we learned FTC falsely displays A+ accreditation with the Revdex.comShe has not been accredited for some timeRevdex.com appears to be investigating misuse of Revdex.com trademarkWe agree with client that FTC discontinued its accredited status when the Revdex.com changed its service provider in California and ceased providing rating information onlineThe greatly increased fees associated with Revdex.com accreditation thereafter prevented us from renewingThe removal of the logo from our website is an oversight that is being corrected but has zero impact on the complainant’s obligationsFTC has met all of the contractual obligations we can (without violating food safety laws) and client needs to provide the necessary (yet unsupplied) data and final payment in order to receive the few remaining contracted itemsTo date 85% of Mr [redacted] ’s contracted services (work product) was delivered long agoNo refund is due or remotely justifiedFurther, FTC has been exceedingly gracious and patient with client despite his many delays, rescheduling needs and current day delinquency prior to filing of this formal complaint (which we view as a malicious effort to impugn our company reputation and/or fraudulently extort funds from us) it is now our intent to give this client ten days to remit the delinquent balance in full or we will assign his account to a collection agency and enforce the terms of Service AgreementAs previously stated, we have countless emails to demonstrate our office maintained in contact with client with the exception of December during our holiday closureIf the Revdex.com wishes us to forward all the emails exchanged between FTC and client just ask however, client must agree to this as some of these emails may contain information protected by the Nondisclosure AgreementIf client refuses such permissions and each email must be scrutinized and redacted in order to secure no protected information is provided to Revdex.com personnel then we must be compensated for the immense man hours this will requireWe document everythingIn our business, we have toSincerely, [redacted]

?Hello Ms***, I apologies for the late response to this case; we recently had a death in the family and had to leave town for over a week to help with funeral arrangementsHowever, in regards to our complaint against [redacted] of Food Trade Consultants, we have not resolved this matter by any means thus far According to the letter you sent us on their behalf, which states they had complied with all that they were contractually bound to do so, that statement is entirely falseAs far as what they have actually provided us, which we have proof of any and all correspondence between [redacted] and my husband ***, we have not received neither the pH level test results, nor the UPC label that she promised we would get as was our agreement The only thing that we did in fact receive was the Nutritional Facts Statement, the Weights & Measurements and the jar samples, which were all the same sizeWe have yet to receive the complete pH analysis print out, Ms [redacted] only gave us a verbal result as well as via email, in which she simply stated that the pH levels were compliantMs [redacted] NEVER gave us a read out of the results, nor were we ever given an up-scale formula of our marinade so that we’re able to mass produce the product [redacted] went as far as insulting my husband by claiming he doesn’t remember things due to having dementiaWe never actually said he had dementia, only that he had signs of it but was inconclusive at the timeBe that as it may, his health problems are irrelevant to the fact that she failed to meet her contractual obligationsEven if my husband’s memory is in question, MINE IS NOT! I may have undergone amputations during the time we were trying to do business with Ms [redacted] ; however my state of mind and memory was then and is still intactI’m only years old, am very literate and have a sharp memory being a writerFurthermore, we have both kept every single email and correspondence with Ms [redacted] since we first started this ventureAccording to our records we did all that was required of us to the best of our abilityIt was [redacted] , who not only dropped the ball on her end of the deal, but she blatantly took advantage of our dire situation, which is not only unethical but completely despicable! The last email we got from her was on 7/3/12, in which she clearly stated she was being audited and that she would call us and do a final phone consultation the following MondayThat was the last we heard from her at all, and we’ve repeatedly tried calling and emailing her since then, but with no response whatsoever We require that she fulfills her contractual obligation, then and only then will this matter be closedWe are not asking for more than that which we are owed, and have in fact paid for Please give me a call at 650-438-after pm, in regards to this matter ASAP, so that we can have it resolved as quickly and as stress free as possibleI thank you kindly for your time and efforts in resolving this issue Respectfully, Mr& Mrs***

In February of Mr [redacted] and his wife traveled to San Juan Capistrano to be filmed for a reality show pilot featuring our businessThe production company ( [redacted] ***) was filming people who wanted to launch a new food businessMrand Mrs [redacted] said they were coming down to the Orange County area to visit friends and to attend a concert during the time this filming had been scheduled and they wanted to bring their product in for us to taste in hopes they would be filmed for the pilot During this filming Mrs& Mr [redacted] explained (on camera) that Mr [redacted] was suffering from dementia and he had several heart attacks years priorSadly during his interview, Mr [redacted] couldn’t remember his web address or who owned the web address or the name of his product along with other business related facts related to his product but his wife [redacted] was able to fill in some of the missing pieces for himWhen the filming was over they left Months after the filming (in April 2012) Mr [redacted] contacted FTC stating he wished to move forward with the basic analysis of his product (necessary to do prior to bottling a product for consumer sales)FTC was contracted to provide Nutritional Facts, Ingredient Statements, pH testing, Weights and Measures Statements, and produce an Upscale Formula (a percentage-based recipe necessary for large batch production runs) of their productThese results are attached with certain information redacted to protect the secrecy of Mr***’ recipeHe paid our standard fee of $for these servicesFTC was not contracted to perform a shelf life test of the productA shelf life test fee is an additional $and takes months to completeMr [redacted] was already overextended on funds and was informed that a shelf life test was not a necessary test for his productI believe Mr [redacted] is confused about the differences between of a pH test / verses a shelf life testHis product only required a pH test this was explained to him and the explanation of the pH test is listed in the form he received after the pH analysis was completed and sent to him on 5-23-(See attached pH results) FTC’s contractual obligations were completely fulfilled on June 9th when the results of the analysis on Mr***’ marinade were completed and sent to himThe up-scale formulation sent to Mr [redacted] is attachedWe have redacted the weights on the up-scale formula as we are bound by a non-disclosure agreement to protect the secrecy of Mr***’ formulaSenior Consultant [redacted] spoke to Mr [redacted] after he received the work product paid for and learned he had relocated his residence and changed his email addressTogether they discussed his analysis over the phone, [redacted] expressed concern about the “clumping” of his dry ingredients in the samples he had sent to her for testing but explained during production of his marinade that issue could be correctedThey also spoke about the possibility of trying to get some of his ingredients and containers “somehow” donated to him for productionMr [redacted] explained his wife was going in for additional surgery on her leg; she was in a lot of pain, they had no help and he was the only one taking care of herHe was very stressed and very worried about the second surgery taking place on her legHe said he was going to contact FTC again after her surgery but he never didThat was the last exchange (see attached email 6-5-12)During that last phone conversation Mr [redacted] also stated “ he did not have the money to move forward with production of his product ” he said that he and his wife [redacted] had been relocated to a subsidized apartment and they only received $each per month [redacted] tried to reach them in June see email date 6-13-12, addressed to Mrs [redacted] in regarding labels and containers asking to speak the following Tuesday but no reply was ever received from themWe thought perhaps something terrible had happened during ***’s surgery when we never heard back from either of them In the two years since Mr [redacted] came to FTC, we have expanded our business facility and now operate a fully equipped certified commercial kitchen where start-ups like Mr [redacted] can come and manufacture their products in large or small batches on their own, saving them the cost of having a co-packer produce their productOur senior consultant has a real soft spot for the [redacted] and their situation; she made sure all the analysis they paid for was completed in full and had conversations with Mr [redacted] after the analysis was completedShe founded FTC after having a brain tumor removed and understands the severe challenges presented by life-threatening medical issues and the desire to fulfill a dream in the food industryThis is why we expanded FTC and added the commercial kitchen to help people start food business one step at a time on a small and conservative scale We wish Mrand Mrs [redacted] well and hope they are doing better financially, that their health is improving and we stand ready to assist them if and when they are able to invest the necessary time and funds needed to commercially manufacture their marinadeWe wish they would have called FTC sometime in the past two years before filing this complaint, we understand their struggles and truly wish to help them in any way we canWe occasionally donate one-time use of our kitchen to newbies in the food business who need a little help getting started so they have samples to provide to grocery buyers, but the cost of ingredients, containers and labels is incurred by the client and that concerns us because Mr [redacted] has stated that he lacks the necessary funds to launch his food business Listed below is the package Mr [redacted] purchased FTC package rate for one (1) product is as follows: the fee is $and consists of the following analysis for that product: 1) Nutritional fact statement 1) Ingredient statement 1) Weights and measure reading for the product 1) Up-scaled formula (and up-scaled formula is a recipe for the product so large batches of the product can be produced in gallon vats and stay consistent in the texture and flavor profile of the product as if a small batch of gallon is being produced if a client does not have this up-scaled formula a co-packer will not produce product for them this is a very important part of the package) 2) Bottle selection: we send sample bottles to clients nationwide so they can select the container they like best to put their product in for the retail market place 3) pH testing – this is a test that will determine the product’s safety to be packaged and consumed by customers, it needs to watched and products need to be tested with every batch made and test records kept on file for the State Health inspector when they make quarterly visits to co-packing kitchens FTC has attached documentation showing the completion and the results of Mr [redacted] product including his upscale formula (redacted to comply with the Non-Disclosure Agreement we are bound by) which will prove the work he paid for was completedGiven Mr [redacted] is apparently unable to fund production of his product, we do not understand why he is now apparently seeking shelf life analysis Please contact us if you have any additional questions Sincerely, [redacted] Partner

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution would be satisfactory to me I will wait for the business to perform this action and, if it does, will consider this complaint resolved Regards, [redacted] ..............Its funny how [redacted] told me it usually cost a $for a UPC, but that she was going to wave that, and get me a UPCBUT its OK, I will get itAlso [redacted] knew my VERY 1st request was the shelf life, and she told me she would do it at no charge and not to worry, she NEVER even mention that it would cost extraANYWAYI guess I should be happy that im getting my updated version of my marinade, and how to make a bigger batch!!! Our address is [redacted] [redacted] Thank You ***!!!

I did receive a copy of a “up scale” formula, of course its for a 100 gallon gross batch, that’s not what I wanted.. I wanted a 15 gallon gross batch. I wanted to start off making a smaller batch 1st, just in case things weren't quite right, also Mary had told me since my product “clumps” up and is hard to shake up (kind of like salad dressing that settles), that I could add Wheat something, well that’s not at all in my up scale gross batch. Now what do I do? I wish they would just call me, since I cant seem to get ahold of them.. Are YOU able to look into this? Thank You, [redacted] ***

In response to the erroneous and misleading claims filed by ** ***, we will address and disprove each issue raised with supporting documentation. In 9-we met *** *** of Food Trade ConsultantsOn 9-21-2015, an NDA signedOn 9-24-2015, the contract signedWe chose FTC to package
dry mixes for usFTC services: Provide Ingredient Statements/ and allergen notification (NOT RECEIVED) Nutrition Fact Panel (Separate two part panels) (ONLY RECEIVED ONE PART) The allergen notice appears at the bottom of a Nutritional Facts panel however, before his Ingredients Statements can be accurately generated, the client must provide all the ingredients used in the production of their respective recipe(s)Mr*** has not been able to do that because one of his pri*** ingredients (Honeyville powered eggs) were removed from the market for a term of up to months due to bacteria concerns arising from bird fluAny delay stems from client’s inability to provide an alternative to Honeyville’s product as reflected in this email to SrConsultant *** ***:** *** *** *** ** *** *** *** *** *** ***
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***As of 7/24/Mr*** has not yet provided us with a replacement for this ingredient therefore it is impossible for FTC to generate a Nutritional Facts Statement that is FDA/USDA compliantUntil FTC has the complete list of ingredients used in Mr***’s product, this document (and his product) cannot be finalizedMr*** never contracted FTC for formula creation or ingredients procurement services so we must wait for him to provide the missing info. Weight/ Measures (RECEIVED?- SEE UPSCALE FORMULAS BELOW) Manufacturers Formula (NOT RECEIVED) On 10/19/Mr*** received all four of his Manufacturing Formulas (including his Nutritional panels and weights and measures)Mr*** is apparently unaware that the “Upscale Formula” he received is his Manufacturer’s FormulaThey are two industry terms applying to the same thing, a certified recipe used for large batch commercial productionClient confirms he received theseAt the bottom of these documents is the applicable Weights & Measures data he claims he did not receiveThis appears on three of his four Mfr’s Formulas and is not included on the fourth product (Pancake Mix) because client has not advised us how many pancakes per package they wantUntil client provides us with the weight of mix to be packaged per container, this cannot be determinedWe are not providing copies of the formulations generated for Mr*** because they are his proprietary and confidential information and FTC is bound by a strict Nondisclosure Agreement to protect the secrecy of his recipesBesides, it is not questioned whether client received these documents, he states in his complaint he did. Jar/Container or packaging assistance (RECEIVED, BUT NOT TIMELY) Label information and stats for FDA or USDA compliancy page (NOT RECEIVED) Delays in packaging were caused by Mr***’s third party (graphic designer) and FTC is in no way responsible nor were we were ever contracted to produce any packaging materials for himFTC’s role was to review the labels Mr*** created for compliancyOne label was submitted by client and his design was fine but the label was not complaint because it had no Ingredients Statement, which is a mandatory disclosureMr***’s use of other parties for his packaging and labeling are confirmed in this email to SrConsultant *** ***:*** *** *** ***
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*** * After FTC responded client never rescheduled kitchen time or provided FTC the packaging he purchasedHe sent us this email advising us he was relocating from California to Arizona:*** *** *** ***
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On 10/19/client received all four Nutritional Facts Statements which is the “label information and stats for FDA and USDA compliancy” Mr*** claims he did not receiveBecause these documents are intended for exterior packaging of the client’s products, it is not a violation of the Nondisclosure Agreement to share them so copies are provided herein.Three payments scheduled (two paid)Samples delivered to FTC on 9-29-FTCs lab to provide shelf life etcShe led us to believe shelf life info to arrive shortlyWe never received itFull lab results to come in 10-weeks (by end of 12-2015)Mr***’s contract clearly defines the terms for receiving a complimentary Shelf Life testNormally FTC requires payment for services in advance however, to assist Mr*** we agreed to accept scheduled installments with conditionsAt the bottom of the first paragraph of FTC’s Service Agreement we state: “If these terms are not adhered to or a payment is missed then the original fee of $per product and the $shelf life test will be due at the full rate all at once and in full within days.” So because client failed to remit his January installment his current outstanding balance is $which remains unpaidFor this reason his Shelf Life testing has been placed on holdSee signed contract provided.Packaging assistance delayedWe attempted to get serviceOur first kitchen day postponed as resultAfter asking for nutrition fact panels, she said ingredients needed to be in kitchen in order to get panelsThis was new to usWe told her attaching labels on bags when filled would cause them to crinkle/ look unattractiveNo response from herFTC’s sole contracted obligation was to provide the clinical analysis of client’s products (Mfr’s Formula, Ingredients Statement and Nutritional Facts Statement) and Mr*** selected a graphic artist and packaging vendor for his products, *** *** reviewed these at no charge to clientHe was advised that the labels must be applied to the empty bags while they were flat and free of product dust, via a phone callMr*** requested FTC review one label (attached) and never provided samples of the labels or packaging from the vendors he selected. We could not order labels until our bags filled and lab results providedOn 10-19- 2015, she sent upscale formulas (seemed sloppy) with no lab name just her business logo (no lab name ever given)We asked to postpone kitchen time, but expected her to meet the contractOn 12-21-we emailed herNo response until a second email 1-7-She responded next day stating lab results not ready until end of January, and payment dueWe replied payment to be mailed upon receipt of servicesFinal email sent on 1-29-asking for refund or services givenNo response until 2-9-No answers for usNo further contact As previously addressed, FTC could not finalize the Ingredient Statements unless and until client provided all the ingredients used in his recipeHe never did thisThis delay is entirely on the client and we have countless emails showing we granted extensions and rescheduling requests each and every time client ran into a roadblock securing ingredients or packaging materials provided by third parties he selectedFTC delivered everything FTC could deliver in a timely fashionDue to the stringent county, state and federal regulations that apply to commercial food manufacturing and the immense liabilities that accompany any violations, FTC cannot and will not generate certified analysis of any food product without knowing exactly what is in itFTC would be liable (just as client would) for any breaches of the FDA, USDA, and Deptof Weights and Measures regulations In 6-we learned FTC falsely displays A+ accreditation with the Revdex.comShe has not been accredited for some timeRevdex.com appears to be investigating misuse of Revdex.com trademarkWe agree with client that FTC discontinued its accredited status when the Revdex.com changed its service provider in California and ceased providing rating information onlineThe greatly increased fees associated with Revdex.com accreditation thereafter prevented us from renewingThe removal of the logo from our website is an oversight that is being corrected but has zero impact on the complainant’s obligationsFTC has met all of the contractual obligations we can (without violating food safety laws) and client needs to provide the necessary (yet unsupplied) data and final payment in order to receive the few remaining contracted itemsTo date 85% of Mr***’s contracted services (work product) was delivered long agoNo refund is due or remotely justifiedFurther, FTC has been exceedingly gracious and patient with client despite his many delays, rescheduling needs and current day delinquency prior to filing of this formal complaint (which we view as a malicious effort to impugn our company reputation and/or fraudulently extort funds from us) it is now our intent to give this client ten days to remit the delinquent balance in full or we will assign his account to a collection agency and enforce the terms of Service AgreementAs previously stated, we have countless emails to demonstrate our office maintained in contact with client with the exception of December during our holiday closureIf the Revdex.com wishes us to forward all the emails exchanged between FTC and client just ask however, client must agree to this as some of these emails may contain information protected by the Nondisclosure AgreementIf client refuses such permissions and each email must be scrutinized and redacted in order to secure no protected information is provided to Revdex.com personnel then we must be compensated for the immense man hours this will requireWe document everythingIn our business, we have to.Sincerely,
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All of the items purchased were sent to the client (and presented in the original response) and I would be happy to send redundant copies out to them via USPS Express mailThe envelope will contain:
1) pH test results
2) Nutritional panel
3) Ingredient statement
4) Weights and measures statement
5) Up-scaled formula
I will also provide you the tracking number but I need the new mailing address for Mr& Mrs***Their contact information on record is two years old
Shelf Life testing was not a part of the service agreement and neither was a UPC codeUPC codes are purchase online through many different UPC code suppliers for $each and often sometimes as low as $eachFTC does not purchase UPC codes for clients, we refer all of them directly to the internet vendors for purchase of bar codes
I do not know what else FTC can do to satisfy the complainantThe work was completed in full and we cannot provide them services they never purchased or bar codes we do not sell
Sincerely,
*** ***

Copies of all materials (same documents previously referenced) were sent to new address, USPS Tracking number  [redacted].

In February of 2012 Mr. [redacted] and his wife traveled to San Juan Capistrano to be filmed for a reality show pilot featuring our business. The production company...

([redacted]) was filming people who wanted to launch a new food business. Mr. and Mrs. [redacted] said they were coming down to the Orange County area to visit friends and to attend a concert during the time this filming had been scheduled and they wanted to bring their product in for us to taste in hopes they would be filmed for the pilot.
 
During this filming Mrs. & Mr. [redacted] explained (on camera) that Mr. [redacted] was suffering from dementia and he had several heart attacks years prior. Sadly during his interview, Mr. [redacted] couldn’t remember his web address or who owned the web address or the name of his product along with other business related facts related to his product but his wife [redacted] was able to fill in some of the missing pieces for him. When the filming was over they left.
 
Months after the filming (in April 2012) Mr. [redacted] contacted FTC stating he wished to move forward with the basic analysis of his product (necessary to do prior to bottling a product for consumer sales). FTC was contracted to provide Nutritional Facts, Ingredient Statements, pH testing, Weights and Measures Statements, and produce an Upscale Formula (a percentage-based recipe necessary for large batch production runs) of their product. These results are attached with certain information redacted to protect the secrecy of Mr. [redacted]’ recipe. He paid our standard fee of $990. for these services. FTC was not contracted to perform a shelf life test of the product. A shelf life test fee is an additional $850. and takes months to complete. Mr. [redacted] was already overextended on funds and was informed that a shelf life test was not a necessary test for his product. I believe Mr. [redacted] is confused about the differences between of a pH test / verses a shelf life test. His product only required a pH test this was explained to him and the explanation of the pH test is listed in the form he received after the pH analysis was completed and sent to him on 5-23-12. (See attached pH results).
 
FTC’s contractual obligations were completely fulfilled on June 9th when the results of the analysis on Mr. [redacted]’ marinade were completed and sent to him. The up-scale formulation sent to Mr. [redacted] is attached. We have redacted the weights on the up-scale formula as we are bound by a non-disclosure agreement to protect the secrecy of Mr. [redacted]’ formula. Senior Consultant [redacted] spoke to Mr. [redacted] after he received the work product paid for and learned he had relocated his residence and changed his email address. Together they discussed his analysis over the phone, [redacted] expressed concern about the “clumping” of his dry ingredients in the samples he had sent to her for testing but explained during production of his marinade that issue could be corrected. They also spoke about the possibility of trying to get some of his ingredients and containers “somehow” donated to him for production. Mr. [redacted] explained his wife was going in for additional surgery on her leg; she was in a lot of pain, they had no help and he was the only one taking care of her. He was very stressed and very worried about the second surgery taking place on her leg. He said he was going to contact FTC again after her surgery but he never did. That was the last exchange (see attached email 6-5-12). During that last phone conversation Mr. [redacted] also stated “…he did not have the money to move forward with production of his product…” he said that he and his wife [redacted] had been relocated to a subsidized apartment and they only received $900 each per month. [redacted] tried to reach them in June see email date 6-13-12, addressed to Mrs. [redacted] in regarding labels and containers asking to speak the following Tuesday but no reply was ever received from them. We thought perhaps something terrible had happened during [redacted]’s surgery when we never heard back from either of them.
 
In the two years since Mr. [redacted] came to FTC, we have expanded our business facility and now operate a fully equipped certified commercial kitchen where start-ups like Mr. [redacted] can come and manufacture their products in large or small batches on their own, saving them the cost of having a co-packer produce their product. Our senior consultant has a real soft spot for the [redacted] and their situation; she made sure all the analysis they paid for was completed in full and had conversations with Mr. [redacted] after the analysis was completed. She founded FTC after having a brain tumor removed and understands the severe challenges presented by life-threatening medical issues and the desire to fulfill a dream in the food industry. This is why we expanded FTC and added the commercial kitchen…to help people start food business one step at a time on a small and conservative scale.
 
We wish Mr. and Mrs. [redacted] well and hope they are doing better financially, that their health is improving and we stand ready to assist them if and when they are able to invest the necessary time and funds needed to commercially manufacture their marinade. We wish they would have called FTC sometime in the past two years before filing this complaint, we understand their struggles and truly wish to help them in any way we can. We occasionally donate one-time use of our kitchen to newbies in the food business who need a little help getting started so they have samples to provide to grocery buyers, but the cost of ingredients, containers and labels is incurred by the client and that concerns us because Mr. [redacted] has stated that he lacks the necessary funds to launch his food business.
 
Listed below is the package Mr. [redacted] purchased.
 
FTC package rate for one (1) product is as follows:  the fee is $990.00 and consists of the following analysis for that product:
 
1)      Nutritional fact statement
1)      Ingredient statement
1)      Weights and measure reading for the product
1)      Up-scaled formula (and up-scaled formula is a recipe for the product so large batches of the product can be produced in 100 gallon vats and stay consistent in the texture and flavor profile of the product as if a small batch of 1 gallon is being produced if a client does not have this up-scaled formula a co-packer will not produce product for them this is a very important part of the package).
 
2)      Bottle selection: we send sample bottles to clients nationwide so they can select the container they like best to put their product in for the retail market place
 
 
3)      pH testing – this is a test that will determine the product’s safety to be packaged and consumed by customers, it needs to watched and products need to be tested with every batch made and test records kept on file for the State Health inspector when they make quarterly visits to co-packing kitchens.
 
 
FTC has attached documentation showing the completion and the results of Mr. [redacted] product including his upscale formula (redacted to comply with the Non-Disclosure Agreement we are bound by) which will prove the work he paid for was completed. Given Mr. [redacted] is apparently unable to fund production of his product, we do not understand why he is now apparently seeking shelf life analysis.
Please contact us if you have any additional questions.
Sincerely,
[redacted]
Partner

In response to the erroneous and misleading claims filed by [redacted], we will address and disprove each issue raised with supporting documentation.
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In 9-2015 we met [redacted] of Food Trade Consultants. On 9-21-2015, an NDA signed. On 9-24-2015, the contract signed. We chose FTC to package dry mixes for us. FTC services: Provide Ingredient Statements/ and allergen notification (NOT RECEIVED) Nutrition Fact Panel (4 Separate two part panels) (ONLY RECEIVED ONE PART)
 
The allergen notice appears at the bottom of a Nutritional Facts panel however, before his Ingredients Statements can be accurately generated, the client must provide all the ingredients used in the production of their respective recipe(s). Mr. [redacted] has not been able to do that because one of his pri[redacted] ingredients (Honeyville powered eggs) were removed from the market for a term of up to 12 months due to bacteria concerns arising from bird flu. Any delay stems from client’s inability to provide an alternative to Honeyville’s product as reflected in this email to Sr. Consultant [redacted] 
[redacted]As of 7/24/16 Mr. [redacted] has not yet provided us with a replacement for this ingredient therefore it is impossible for FTC to generate a Nutritional Facts Statement that is FDA/USDA compliant. Until FTC has the complete list of ingredients used in Mr. [redacted]’s product, this document (and his product) cannot be finalized. Mr. [redacted] never contracted FTC for formula creation or ingredients procurement services so we must wait for him to provide the missing info.
 
Weight/ Measures (RECEIVED?- SEE UPSCALE FORMULAS BELOW) Manufacturers Formula (NOT RECEIVED)
 
On 10/19/15 Mr. [redacted] received all four of his Manufacturing Formulas (including his Nutritional panels and weights and measures). Mr. [redacted] is apparently unaware that the “Upscale Formula” he received is his Manufacturer’s Formula. They are two industry terms applying to the same thing, a certified recipe used for large batch commercial production. Client confirms he received these. At the bottom of these documents is the applicable Weights & Measures data he claims he did not receive. This appears on three of his four Mfr’s Formulas and is not included on the fourth product (Pancake Mix) because client has not advised us how many pancakes per package they want. Until client provides us with the weight of mix to be packaged per container, this cannot be determined. We are not providing copies of the formulations generated for Mr. [redacted] because they are his proprietary and confidential information and FTC is bound by a strict Nondisclosure Agreement to protect the secrecy of his recipes. Besides, it is not questioned whether client received these documents, he states in his complaint he did.   
 
Jar/Container or packaging assistance (RECEIVED, BUT NOT TIMELY) Label information and stats for FDA or USDA compliancy page (NOT RECEIVED)
Delays in packaging were caused by Mr. [redacted]’s third party (graphic designer) and FTC is in no way responsible nor were we were ever contracted to produce any packaging materials for him. FTC’s role was to review the labels Mr. [redacted] created for compliancy. One label was submitted by client and his design was fine but the label was not complaint because it had no Ingredients Statement, which is a mandatory disclosure. Mr. [redacted]’s use of other parties for his packaging and labeling are confirmed in this email to Sr. Consultant [redacted]
[redacted] 
[redacted] 
This is FTC’s reply to the email above:
[redacted]
[redacted]
After FTC responded client never rescheduled kitchen time or provided FTC the packaging he purchased. He sent us this email advising us he was relocating from California to Arizona:
[redacted]
[redacted] 
[redacted] 
[redacted]
 
On 10/19/15 client received all four Nutritional Facts Statements which is the “label information and stats for FDA and USDA compliancy” Mr. [redacted] claims he did not receive. Because these documents are intended for exterior packaging of the client’s products, it is not a violation of the Nondisclosure Agreement to share them so copies are provided herein.
Three payments scheduled (two paid). Samples delivered to FTC on 9-29-2015. FTCs lab to provide shelf life etc. She led us to believe shelf life info to arrive shortly. We never received it. Full lab results to come in 10-12 weeks (by end of 12-2015).
Mr. [redacted]’s contract clearly defines the terms for receiving a complimentary Shelf Life test. Normally FTC requires payment for services in advance however, to assist Mr. [redacted] we agreed to accept scheduled installments with conditions. At the bottom of the first paragraph of FTC’s Service Agreement we state: “If these terms are not adhered to or a payment is missed then the original fee of $990.00 per product and the $1200.00 shelf life test will be due at the full rate all at once and in full within 10 days.” So because client failed to remit his January 2016 installment his current outstanding balance is $3326.84 which remains unpaid. For this reason his Shelf Life testing has been placed on hold. See signed contract provided.
Packaging assistance delayed. We attempted to get service. Our first kitchen day postponed as result. After asking for nutrition fact panels, she said ingredients needed to be in kitchen in order to get panels. This was new to us. We told her attaching labels on bags when filled would cause them to crinkle/ look unattractive. No response from her.
FTC’s sole contracted obligation was to provide the clinical analysis of client’s products (Mfr’s Formula, Ingredients Statement and Nutritional Facts Statement) and Mr. [redacted] selected a graphic artist and packaging vendor for his products, [redacted] reviewed these at no charge to client. He was advised that the labels must be applied to the empty bags while they were flat and free of product dust, via a phone call. Mr. [redacted] requested FTC review one label (attached) and never provided samples of the labels or packaging from the vendors he selected.
 
We could not order labels until our bags filled and lab results provided. On 10-19- 2015, she sent upscale formulas (seemed sloppy) with no lab name just her business logo (no lab name ever given). We asked to postpone kitchen time, but expected her to meet the contract. On 12-21-2015 we emailed her. No response until a second email 1-7-2016. She responded next day stating lab results not ready until end of January, and payment due. We replied payment to be mailed upon receipt of services.
Final email sent on 1-29-2016 asking for refund or services given. No response until 2-9-16. No answers for us. No further contact.
 
As previously addressed, FTC could not finalize the Ingredient Statements unless and until client provided all the ingredients used in his recipe. He never did this. This delay is entirely on the client and we have countless emails showing we granted extensions and rescheduling requests each and every time client ran into a roadblock securing ingredients or packaging materials provided by third parties he selected. FTC delivered everything FTC could deliver in a timely fashion. Due to the stringent county, state and federal regulations that apply to commercial food manufacturing and the immense liabilities that accompany any violations, FTC cannot and will not generate certified analysis of any food product without knowing exactly what is in it. FTC would be liable (just as client would) for any breaches of the FDA, USDA, and Dept. of Weights and Measures regulations.
 
In 6-2016 we learned FTC falsely displays A+ accreditation with the Revdex.com. She has not been accredited for some time. Revdex.com appears to be investigating misuse of Revdex.com trademark.
We agree with client that FTC discontinued its accredited status when the Revdex.com changed its service provider in California and ceased providing rating information online. The greatly increased fees associated with Revdex.com accreditation thereafter prevented us from renewing. The removal of the logo from our website is an oversight that is being corrected but has zero impact on the complainant’s obligations. FTC has met all of the contractual obligations we can (without violating food safety laws) and client needs to provide the necessary (yet unsupplied) data and final payment in order to receive the few remaining contracted items. To date 85% of Mr. [redacted]’s contracted services (work product) was delivered long ago. No refund is due or remotely justified. Further, FTC has been exceedingly gracious and patient with client despite his many delays, rescheduling needs and current 206 day delinquency prior to filing of this formal complaint (which we view as a malicious effort to impugn our company reputation and/or fraudulently extort funds from us) it is now our intent to give this client ten days to remit the delinquent balance in full or we will assign his account to a collection agency and enforce the terms of Service Agreement. As previously stated, we have countless emails to demonstrate our office maintained in contact with client with the exception of December 2015 during our holiday closure. If the Revdex.com wishes us to forward all the emails exchanged between FTC and client just ask however, client must agree to this as some of these emails may contain information protected by the Nondisclosure Agreement. If client refuses such permissions and each email must be scrutinized and redacted in order to secure no protected information is provided to Revdex.com personnel then we must be compensated for the immense man hours this will require. We document everything. In our business, we have to.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
 
We are extremely displeased and shocked with Food Trade Consultants response to our complaint and its continued failure to resolve the matter.   The [redacted]’s response has further escalated the matter with an apparent breach of the Non-Disclosure Agreement (NDA) signed by [redacted]. The NDA became effective on 9-21-2015. Also, to create a distraction from FTC’s failure to fulfill its contractual obligations, their response contains apparent ad-hominem attacks disparaging my person as well as a clear financial threat which is without merit and appears retaliatory. As of the date of this written response, FTC continues to use the Revdex.com logo on their website.    We, as Clients, have never given permission to the [redacted]s or Food Trade Consultants, in general, to disclose to anyone under any circumstances private email correspondence and proprietary information relating to our business except those set forth in the NDA. Mr. [redacted], in his response, acknowledges a legally binding NDA was signed, where strict, unambiguous terms are set forth for our protection. Mr. [redacted] appears to have violated the NDA by the inclusion of sensitive and proprietary information in both private email correspondence and in the written portion of his response to our complaint to the Revdex.com.    Mr. [redacted] claims FTC’s continued use of the Revdex.com logo was an “oversight,” but that seems contrary to his other claim “We document everything.” Mr. [redacted] admits to having knowledge of the “increased fees associated with Revdex.com accreditation” yet continues to use the Revdex.com’s logo. Mr. [redacted]’s apparent blaming of the Revdex.com does not excuse the fact that FTC continues to use the logo which could lead the public to believe that FTC is, in fact, accredited by the Revdex.com. Also, it is imperative that FTC provide the name and address of the “lab” that FTC uses to determine the authenticity and verification of the details and timeframe of the work completed on our behalf.     Please note, we have retained written records and correspondences that contradict claims made by the [redacted]s.   UPON RECEIPT of this written response, and our enforcement of the NDA provisions, the following must be met:   WE DEMAND Bruce [redacted] and [redacted] with Food Trade Consultants immediately cease and desist any further disclosure of sensitive or proprietary information, email correspondence, etc.     WE DEMAND ALL our property, as set forth in the NDA, including, but not limited to, email correspondence, between [redacted] and myself, be returned to me immediately with no delay. Evidence of destruction of any/or all electronic materials may be required.    WE DEMAND a full redaction of the response by Mr. [redacted]. This must be supplied to the Revdex.com and published as a response to the complaint filed.    Should FTC not adhere to or ignore these three demands, in whole or in part, legal action may be taken, as provided in the NDA, to recover proprietary information in FTC’s possession and any damages, financial or personal, that may have resulted from the apparent breach of the NDA.    In addition to the demands regarding the NDA, WE DEMAND a full refund as stated in the original complaint in the amount of $1,833.16.     All our property including the refund must be delivered to the following address within 5 Business Days:
[redacted]
[redacted]

From: [redacted] <[redacted]t>
Date: Tue, Jun 17, 2014 at 2:07 PM
Subject: Complaint ID #: [redacted]
To: [email protected]
[redacted]       
 
                As of today, I haven't received anything from Food Trade Consultants.. I will be away in the bay area the next few days at Drs appointments. I will check my email on Monday when we get back.
                                                                                                                        Thank You, [redacted]

Mary
Carter has been out of the office for a week and just returned from Florida
this weekend (see attached itinerary). Regarding the remaining questions Mr. [redacted] asked:
1.   Upscale
formulas for commercial production of food products are always computed in 100
gallon batch sizes. This is a universal standard in the industry. To determine
the quantities for smaller production runs like a 15 gallon batch, Mr. [redacted]
should simply use 15 percent of the formula provided.
2.   Because Mr. [redacted]
does not make his recipe from scratch, he faces a unique situation. The main
ingredient in Mr. [redacted] product is a seasoning manufactured by another food
company, McCormick.  Mr. [redacted] adds other
ingredients to the McCormick product to make his product. Because Mr. [redacted] has
no control over the blend being manufactured by the other food company, he
cannot control the viscosity of these ingredients. It may vary from batch to
batch depending on the viscosity of the blend coming from McCormick.
        FTC suggested
one option to Mr. [redacted] to prevent clumping of the ingredients. He was advised
to use wheat powder in his product to reduce any clumping created when blending
his product with the McCormick product. However, before it can be determined
precisely how much wheat powder to use, Mr. [redacted] needs to conduct some test
batching, an additional service Mr. [redacted] did not contracted FTC for. The
amount of wheat powder necessary to stabilize Mr. [redacted] product may as little
as 1/10th of one percent of his recipe or more and will likely vary from batch to batch depending on the viscosity of the McCormick product. The FDA does not
require the disclosure of ingredients like wheat powder on the Ingredients Statement of
Upscale Formula when they are this minute.
Given the formality required when addressing Revdex.com
complaints, we prefer to provide responses in writing (as opposed to a phone
call) so a paper trail is created. It should be noted
that Mary Carter travels extensively and currently conducts fee-based consulting services by
appointment only. I trust this clarification adequately addresses Mr. [redacted] questions.
[redacted]
Food Trade Consultants

?Hello Ms. [redacted], I apologies for the late response to this case; we recently had a death in the family and had to leave town for over a week to help with funeral arrangements. However, in regards to our complaint against [redacted] of Food Trade Consultants, we have not resolved this matter by any means thus far.
 
According to the letter you sent us on their behalf, which states they had complied with all that they were contractually bound to do so, that statement is entirely false. As far as what they have actually provided us, which we have proof of any and all correspondence between [redacted] and my husband [redacted], we have not received neither the pH level test results, nor the UPC label that she promised we would get as was our agreement.
 
The only thing that we did in fact receive was the Nutritional Facts Statement, the Weights & Measurements and the jar samples, which were all the same size. We have yet to receive the complete pH analysis print out, Ms. [redacted] only gave us a verbal result as well as via email, in which she simply stated that the pH levels were compliant. Ms. [redacted] NEVER gave us a read out of the results, nor were we ever given an up-scale formula of our marinade so that we’re able to mass produce the product.
 
[redacted] went as far as insulting my husband by claiming he doesn’t remember things due to having dementia. We never actually said he had dementia, only that he had signs of it but was inconclusive at the time. Be that as it may, his health problems are irrelevant to the fact that she failed to meet her contractual obligations. Even if my husband’s memory is in question, MINE IS NOT!
 
I may have undergone 2 amputations during the time we were trying to do business with Ms. [redacted]; however my state of mind and memory was then and is still intact. I’m only 34 years old, am very literate and have a sharp memory being a writer. Furthermore, we have both kept every single email and correspondence with Ms. [redacted] since we first started this venture. According to our records we did all that was required of us to the best of our ability. It was [redacted], who not only dropped the ball on her end of the deal, but she blatantly took advantage of our dire situation, which is not only unethical but completely despicable! The last email we got from her was on 7/3/12, in which she clearly stated she was being audited and that she would call us and do a final phone consultation the following Monday. That was the last we heard from her at all, and we’ve repeatedly tried calling and emailing her since then, but with no response whatsoever.
 
We require that she fulfills her contractual obligation, then and only then will this matter be closed. We are not asking for more than that which we are owed, and have in fact paid for.
Please give me a call at 650-438-3028 after 12 pm, in regards to this matter ASAP, so that we can have it resolved as quickly and as stress free as possible. I thank you kindly for your time and efforts in resolving this issue.
 
Respectfully,
 
Mr. & Mrs. [redacted]

I did receive a copy of a “up scale” formula, of course its for a 100 gallon gross batch, that’s not what I wanted.. I wanted a 15 gallon gross batch. I wanted to start off making a smaller batch 1st, just in case things weren't quite right, also Mary had told me since my product “clumps” up and is hard to shake up (kind of like salad dressing that settles), that I could add Wheat something, well that’s not at all in my up scale gross batch. Now what do I do? I wish they would just call me, since I cant seem to get ahold of them.. Are YOU able to look into this?
                                        ...⇄ Thank You, [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted] ..............Its funny how [redacted] told me it usually cost a $100.00 for a UPC, but that she was going to wave that, and get me a UPC.. BUT its OK, I will get it.. Also [redacted] knew my VERY 1st request was the shelf life, and she told me she would do it at no charge and not to worry, she NEVER even mention that it would cost extra... ANYWAY... I guess I should be happy that im getting my updated version of my marinade, and how to make a bigger batch!!! Our address is... [redacted] Thank You [redacted]!!!

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]  We are extremely displeased and shocked with Food Trade Consultants response to our complaint and its continued failure to resolve the matter.   The [redacted]’s response has further escalated the matter with an apparent breach of the Non-Disclosure Agreement (NDA) signed by [redacted]. The NDA became effective on 9-21-2015. Also, to create a distraction from FTC’s failure to fulfill its contractual obligations, their response contains apparent ad-hominem attacks disparaging my person as well as a clear financial threat which is without merit and appears retaliatory. As of the date of this written response, FTC continues to use the Revdex.com logo on their website.    We, as Clients, have never given permission to the [redacted]s or Food Trade Consultants, in general, to disclose to anyone under any circumstances private email correspondence and proprietary information relating to our business except those set forth in the NDA. Mr. [redacted], in his response, acknowledges a legally binding NDA was signed, where strict, unambiguous terms are set forth for our protection. Mr. [redacted] appears to have violated the NDA by the inclusion of sensitive and proprietary information in both private email correspondence and in the written portion of his response to our complaint to the Revdex.com.    Mr. [redacted] claims FTC’s continued use of the Revdex.com logo was an “oversight,” but that seems contrary to his other claim “We document everything.” Mr. [redacted] admits to having knowledge of the “increased fees associated with Revdex.com accreditation” yet continues to use the Revdex.com’s logo. Mr. [redacted]’s apparent blaming of the Revdex.com does not excuse the fact that FTC continues to use the logo which could lead the public to believe that FTC is, in fact, accredited by the Revdex.com. Also, it is imperative that FTC provide the name and address of the “lab” that FTC uses to determine the authenticity and verification of the details and timeframe of the work completed on our behalf.     Please note, we have retained written records and correspondences that contradict claims made by the [redacted]s.   UPON RECEIPT of this written response, and our enforcement of the NDA provisions, the following must be met:   WE DEMAND Bruce [redacted] and [redacted] with Food Trade Consultants immediately cease and desist any further disclosure of sensitive or proprietary information, email correspondence, etc.     WE DEMAND ALL our property, as set forth in the NDA, including, but not limited to, email correspondence, between [redacted] and myself, be returned to me immediately with no delay. Evidence of destruction of any/or all electronic materials may be required.    WE DEMAND a full redaction of the response by Mr. [redacted]. This must be supplied to the Revdex.com and published as a response to the complaint filed.    Should FTC not adhere to or ignore these three demands, in whole or in part, legal action may be taken, as provided in the NDA, to recover proprietary information in FTC’s possession and any damages, financial or personal, that may have resulted from the apparent breach of the NDA.    In addition to the demands regarding the NDA, WE DEMAND a full refund as stated in the original complaint in the amount of $1,833.16.     All our property including the refund must be delivered to the following address within 5 Business Days:
[redacted]

Review: On 4/2/12 my wife and myself flew to San Juan Capistrano, to meet with [redacted] from Food Trade Consultants. I make a Award winning BBQ marinade, that we wanted to get bottled and sold into stores. After our meeting and after she tasted our BBQ,My wife and myself along with [redacted] Signed a contract and paid for [redacted]'s services. She wanted to get our marinade on the shelf's within a 3 month period, since summer time was just around the corner. Well I gave her our recipe. and that's as far as it has gotten. Just EMPTY PROMISES. We have NEVER gotten any revised update to our recipe, since we need to make this product in bulk quantity, Never gotten a Bottle sample, never gotten a "shelf Life' on our marinade. Just EMPTY PROMISES. I think she has only called us ONCE! We have gotten several e-mails, but they too we're Empty promises. The last e-mail she sent us was on 3/14/13. To see if we were OK. We had to move to a cheaper Apt. 3 hours away from where we use to live, since we could not afford the "Bay Area' any more. Both my wife and myself are Disable, so we live on our SSI. We wanted to get off SSI and start our Business, and not have to depend on Federal help. ( I've had 2 heart attacks, and my wife has had 2 amputations on her same leg, [redacted] has let us down deeply! She is a wolf in sheep's clothing!!Desired Settlement: I would LOVE to know the Shelf life of my product, that was my very 1st request!! I would also love for her to make good on her promise to us, or at least give my the "updated' version of my marinade to make in bulk! Or return our money so we can get someone else to help us out, since we are on a limited fixed income.

Business

Response:

In February of 2012 Mr. [redacted] and his wife traveled to San Juan Capistrano to be filmed for a reality show pilot featuring our business. The production company ([redacted]) was filming people who wanted to launch a new food business. Mr. and Mrs. [redacted] said they were coming down to the Orange County area to visit friends and to attend a concert during the time this filming had been scheduled and they wanted to bring their product in for us to taste in hopes they would be filmed for the pilot.

During this filming Mrs. & Mr. [redacted] explained (on camera) that Mr. [redacted] was suffering from dementia and he had several heart attacks years prior. Sadly during his interview, Mr. [redacted] couldn’t remember his web address or who owned the web address or the name of his product along with other business related facts related to his product but his wife [redacted] was able to fill in some of the missing pieces for him. When the filming was over they left.

Months after the filming (in April 2012) Mr. [redacted] contacted FTC stating he wished to move forward with the basic analysis of his product (necessary to do prior to bottling a product for consumer sales). FTC was contracted to provide Nutritional Facts, Ingredient Statements, pH testing, Weights and Measures Statements, and produce an Upscale Formula (a percentage-based recipe necessary for large batch production runs) of their product. These results are attached with certain information redacted to protect the secrecy of Mr. [redacted]’ recipe. He paid our standard fee of $990. for these services. FTC was not contracted to perform a shelf life test of the product. A shelf life test fee is an additional $850. and takes months to complete. Mr. [redacted] was already overextended on funds and was informed that a shelf life test was not a necessary test for his product. I believe Mr. [redacted] is confused about the differences between of a pH test / verses a shelf life test. His product only required a pH test this was explained to him and the explanation of the pH test is listed in the form he received after the pH analysis was completed and sent to him on 5-23-12. (See attached pH results).

FTC’s contractual obligations were completely fulfilled on June 9th when the results of the analysis on Mr. [redacted]’ marinade were completed and sent to him. The up-scale formulation sent to Mr. [redacted] is attached. We have redacted the weights on the up-scale formula as we are bound by a non-disclosure agreement to protect the secrecy of Mr. [redacted]’ formula. Senior Consultant [redacted] spoke to Mr. [redacted] after he received the work product paid for and learned he had relocated his residence and changed his email address. Together they discussed his analysis over the phone, [redacted] expressed concern about the “clumping” of his dry ingredients in the samples he had sent to her for testing but explained during production of his marinade that issue could be corrected. They also spoke about the possibility of trying to get some of his ingredients and containers “somehow” donated to him for production. Mr. [redacted] explained his wife was going in for additional surgery on her leg; she was in a lot of pain, they had no help and he was the only one taking care of her. He was very stressed and very worried about the second surgery taking place on her leg. He said he was going to contact FTC again after her surgery but he never did. That was the last exchange (see attached email 6-5-12). During that last phone conversation Mr. [redacted] also stated “…he did not have the money to move forward with production of his product…” he said that he and his wife [redacted] had been relocated to a subsidized apartment and they only received $900 each per month. [redacted] tried to reach them in June see email date 6-13-12, addressed to Mrs. [redacted] in regarding labels and containers asking to speak the following Tuesday but no reply was ever received from them. We thought perhaps something terrible had happened during [redacted]’s surgery when we never heard back from either of them.

In the two years since Mr. [redacted] came to FTC, we have expanded our business facility and now operate a fully equipped certified commercial kitchen where start-ups like Mr. [redacted] can come and manufacture their products in large or small batches on their own, saving them the cost of having a co-packer produce their product. Our senior consultant has a real soft spot for the [redacted] and their situation; she made sure all the analysis they paid for was completed in full and had conversations with Mr. [redacted] after the analysis was completed. She founded FTC after having a brain tumor removed and understands the severe challenges presented by life-threatening medical issues and the desire to fulfill a dream in the food industry. This is why we expanded FTC and added the commercial kitchen…to help people start food business one step at a time on a small and conservative scale.

We wish Mr. and Mrs. [redacted] well and hope they are doing better financially, that their health is improving and we stand ready to assist them if and when they are able to invest the necessary time and funds needed to commercially manufacture their marinade. We wish they would have called FTC sometime in the past two years before filing this complaint, we understand their struggles and truly wish to help them in any way we can. We occasionally donate one-time use of our kitchen to newbies in the food business who need a little help getting started so they have samples to provide to grocery buyers, but the cost of ingredients, containers and labels is incurred by the client and that concerns us because Mr. [redacted] has stated that he lacks the necessary funds to launch his food business.

Listed below is the package Mr. [redacted] purchased.

FTC package rate for one (1) product is as follows: the fee is $990.00 and consists of the following analysis for that product:

1) Nutritional fact statement

1) Ingredient statement

1) Weights and measure reading for the product

1) Up-scaled formula (and up-scaled formula is a recipe for the product so large batches of the product can be produced in 100 gallon vats and stay consistent in the texture and flavor profile of the product as if a small batch of 1 gallon is being produced if a client does not have this up-scaled formula a co-packer will not produce product for them this is a very important part of the package).

2) Bottle selection: we send sample bottles to clients nationwide so they can select the container they like best to put their product in for the retail market place

3) pH testing – this is a test that will determine the product’s safety to be packaged and consumed by customers, it needs to watched and products need to be tested with every batch made and test records kept on file for the State Health inspector when they make quarterly visits to co-packing kitchens.

FTC has attached documentation showing the completion and the results of Mr. [redacted] product including his upscale formula (redacted to comply with the Non-Disclosure Agreement we are bound by) which will prove the work he paid for was completed. Given Mr. [redacted] is apparently unable to fund production of his product, we do not understand why he is now apparently seeking shelf life analysis.

Please contact us if you have any additional questions.

Sincerely,

Partner

Consumer

Response:

?Hello Ms. [redacted], I apologies for the late response to this case; we recently had a death in the family and had to leave town for over a week to help with funeral arrangements. However, in regards to our complaint against [redacted] of Food Trade Consultants, we have not resolved this matter by any means thus far.

According to the letter you sent us on their behalf, which states they had complied with all that they were contractually bound to do so, that statement is entirely false. As far as what they have actually provided us, which we have proof of any and all correspondence between [redacted] and my husband [redacted], we have not received neither the pH level test results, nor the UPC label that she promised we would get as was our agreement.

The only thing that we did in fact receive was the Nutritional Facts Statement, the Weights & Measurements and the jar samples, which were all the same size. We have yet to receive the complete pH analysis print out, Ms. [redacted] only gave us a verbal result as well as via email, in which she simply stated that the pH levels were compliant. Ms. [redacted] NEVER gave us a read out of the results, nor were we ever given an up-scale formula of our marinade so that we’re able to mass produce the product.

[redacted] went as far as insulting my husband by claiming he doesn’t remember things due to having dementia. We never actually said he had dementia, only that he had signs of it but was inconclusive at the time. Be that as it may, his health problems are irrelevant to the fact that she failed to meet her contractual obligations. Even if my husband’s memory is in question, MINE IS NOT!

I may have undergone 2 amputations during the time we were trying to do business with Ms. [redacted]; however my state of mind and memory was then and is still intact. I’m only 34 years old, am very literate and have a sharp memory being a writer. Furthermore, we have both kept every single email and correspondence with Ms. [redacted] since we first started this venture. According to our records we did all that was required of us to the best of our ability. It was [redacted], who not only dropped the ball on her end of the deal, but she blatantly took advantage of our dire situation, which is not only unethical but completely despicable! The last email we got from her was on 7/3/12, in which she clearly stated she was being audited and that she would call us and do a final phone consultation the following Monday. That was the last we heard from her at all, and we’ve repeatedly tried calling and emailing her since then, but with no response whatsoever.

We require that she fulfills her contractual obligation, then and only then will this matter be closed. We are not asking for more than that which we are owed, and have in fact paid for.

Please give me a call at 650-438-3028 after 12 pm, in regards to this matter ASAP, so that we can have it resolved as quickly and as stress free as possible. I thank you kindly for your time and efforts in resolving this issue.

Respectfully,

Mr. & Mrs. [redacted]

Business

Response:

All of the items purchased were sent to the client (and presented in the original response) and I would be happy to send redundant copies out to them via USPS Express mail. The envelope will contain:

1) pH test results

2) Nutritional panel

3) Ingredient statement

4) Weights and measures statement

5) Up-scaled formula

I will also provide you the tracking number but I need the new mailing address for Mr. & Mrs. [redacted]. Their contact information on record is two years old.

Shelf Life testing was not a part of the service agreement and neither was a UPC code. UPC codes are purchase online through many different UPC code suppliers for $10.00 each and often sometimes as low as $2.99 each. FTC does not purchase UPC codes for clients, we refer all of them directly to the internet vendors for purchase of bar codes.

I do not know what else FTC can do to satisfy the complainant. The work was completed in full and we cannot provide them services they never purchased or bar codes we do not sell.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

[redacted] ..............Its funny how [redacted] told me it usually cost a $100.00 for a UPC, but that she was going to wave that, and get me a UPC.. BUT its OK, I will get it.. Also [redacted] knew my VERY 1st request was the shelf life, and she told me she would do it at no charge and not to worry, she NEVER even mention that it would cost extra... ANYWAY... I guess I should be happy that im getting my updated version of my marinade, and how to make a bigger batch!!! Our address is... [redacted] Thank You [redacted]!!!

Consumer

Response:

From: [redacted] <[redacted]t>

Date: Tue, Jun 17, 2014 at 2:07 PM

Subject: Complaint ID #: [redacted]

To: [email protected]

As of today, I haven't received anything from Food Trade Consultants.. I will be away in the bay area the next few days at Drs appointments. I will check my email on Monday when we get back.

Thank You, [redacted]

Business

Response:

Copies of all materials (same documents previously referenced) were sent to new address, USPS Tracking number [redacted].

Consumer

Response: