Case: 5:19-cv-00788-JRA Doc #: 4-1 Filed: 04/10/19 1 of 29. PageID #: 121 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF OHIO 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

v. 

GLOBAL COMMUNITY INNOVATIONS LLC, a 

limited liability company, et al., 

Defendants. 

Case No. 5:19-cv-00788 

STIPULATED FINAL 

JUDGMENT AND ORDER FOR 

PERMANENT INJUNCTION AND 

OTHER EQUITABLE RELIEF 

AGAINST 

PREMIUM HEALTH 

SUPPLIES, LLC; ROS 

MARKETING AND 

CONSULTING LLC; AND 

ROBBY O. SALAHEDDINE 

Plaintiff, the Federal Trade Commission (“FTC” or “Commission”), filed its Complaint 

for Permanent Injunction and Other Equitable Relief (“Complaint”) for a permanent injunction 

and other equitable relief in this matter, pursuant to Section 13(b) of the Federal Trade 

Commission Act (“FTC Act”), 15 U.S.C. § 53(b). 

The Commission and Defendants Premium Health Supplies, LLC; ROS Marketing & 

Consulting LLC; and Robby O. Salaheddine (hereafter collectively, “Defendants”) stipulate to 

the entry of this Stipulated Final Judgment and Order for Permanent Injunction and Other 

Equitable Relief to resolve all matters in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendants participated in deceptive acts or practices 

in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52, in connection 

with the marketing and sale of products purported to enhance cognitive performance. 
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3. Defendants neither admit nor deny any of the allegations in the Complaint, except 

as specifically stated in this Order. Defendants admit the facts necessary to establish jurisdiction 

only for purposes of this action. 

4. Defendants waive any claim that they may have under the Equal Access to Justice 

Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this Order. 

The parties agree to bear their own costs and attorney fees. 

5. Defendants and the Commission waive all rights to appeal or otherwise challenge 

or contest the validity of this Order. 

DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

1. “Affiliate” means any Person, including but not limited to any third-party 

marketer, who participates in an Affiliate Program. 

2. “Affiliate Network” means any Person who provides another Person with 

Affiliates for an Affiliate Program or with whom any Person contracts as an Affiliate to promote 

any product, service, or program. 

3. “Affiliate Program” means any arrangement under which any Defendant pays, or 

offers to pay, or provides, or offers to provide, any form of consideration to any third party, 

either directly or through an Affiliate Network (a) to provide any Defendant with, or refer to any 

Defendant, potential or actual customers; or (b) otherwise to market, advertise, or offer for sale 

any product, service, or program on behalf of any Defendant. 

4. “Charge” or “Charged” means any attempt to collect money or other 

consideration from a consumer, including but not limited to causing billing information to be 

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submitted for payment, including but not limited to against the consumer’s credit card, debit 

card, bank account, telephone bill, or other account. 

5. “Clear(ly) and Conspicuous(ly)” means that a required disclosure is difficult to 

miss (i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of 

the following ways: 

A. In any communication that is solely visual or solely audible, the disclosure 

must be made through the same means through which the communication is presented. In any 

communication made through both visual and audible means, such as a television advertisement, 

the disclosure must be presented simultaneously in both the visual and audible portions of the 

communication even if the representation requiring the disclosure is made in only one means; 

B. A visual disclosure, by its size, contrast, location, the length of time it 

appears, and other characteristics, must stand out from any accompanying text or other visual 

elements so that it is easily noticed, read, and understood; 

C. An audible disclosure, including but not limited to by telephone or 

streaming video, must be delivered in a volume, speed, and cadence sufficient for ordinary 

consumers to easily hear and understand it; 

D. In any communication using an interactive electronic medium, such as the 

Internet or software, the disclosure must be unavoidable; 

E. The disclosure must use diction and syntax understandable to ordinary 

consumers and must appear in each language in which the representation that requires the 

disclosure appears; 

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F. The disclosure must comply with these requirements in each medium 

through which it is received, including but not limited to all electronic devices and face-to-face 

communications; 

G. The disclosure must not be contradicted or mitigated by, or inconsistent 

with, anything else in the communication; and 

H. When the representation or sales practice targets a specific audience, such 

as children, the elderly, or the terminally ill, “ordinary consumers” includes reasonable members 

of that group. 

6. “Close Proximity” means that the disclosure is very near the triggering 

representation. For example, a disclosure made through a hyperlink, pop-up, interstitial, or other 

similar technique is not in Close Proximity to the triggering representation. 

7. “Corporate Defendants” means Premium Health Supplies, LLC and ROS 

Marketing & Consulting LLC, and their successors and assigns. 

8. “Covered Product” means any Dietary Supplement, Food, or Drug, including but 

not limited to Xcel, EVO, Geniux, and Ion-Z. 

9. “Defendants” means the Individual Defendant and the Corporate Defendants, 

individually, collectively, or in any combination. 

10. “Dietary Supplement” means: (1) any product labeled as a dietary supplement 

or otherwise represented as a dietary supplement; or (2) any pill, tablet, capsule, powder, softgel, 

gelcap, liquid, or other similar form containing one or more ingredients that are a vitamin, 

mineral, herb or other botanical, amino acid, probiotic, or other dietary substance for use by 

humans to supplement the diet by increasing the total dietary intake, or a concentrate, metabolite, 

constituent, extract, or combination of any ingredient described above, that is intended to be 

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ingested, and is not represented to be used as a conventional Food or as a sole item of a meal or 

the diet.

 11. “Drug” means: (1) articles recognized in the official United States 

Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National 

Formulary, or any supplement to any of them; (2) articles intended for use in the diagnosis, cure, 

mitigation, treatment, or prevention of disease in humans or other animals; (3) articles (other 

than food) intended to affect the structure or any function of the body of humans or other 

animals; and (4) articles intended for use as a component of any article specified in (1), (2), or 

(3); but does not include devices or their components, parts, or accessories.

 12. “Essentially Equivalent Product” means a product that contains the identical 

ingredients, except for inactive ingredients (e.g., binders, colors, fillers, excipients), in the same 

form and dosage, and with the same route of administration (e.g., orally, sublingually), as the 

Covered Product; provided that the Covered Product may contain additional ingredients if 

reliable scientific evidence generally accepted by experts in the field indicates that the amount 

and combination of additional ingredients is unlikely to impede or inhibit the effectiveness of the 

ingredients in the Essentially Equivalent Product. 

13. “Food” means: (1) any article used for food or drink for humans or other 

animals; (2) chewing gum; and (3) any article used for components of any such article. 

14. “Individual Defendant” means Robby O. Salaheddine. 

15. “Person” means a natural person, an organization, or other legal entity, including 

but not limited to a corporation, partnership, sole proprietorship, limited liability company, 

association, cooperative, or any other group or combination acting as an entity. 

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I. 

PROHIBITED REPRESENTATIONS: COGNITIVE PERFORMANCE AND DISEASE 

CLAIMS 

IT IS ORDERED that Defendants, Defendants’ officers, agents, employees, and 

attorneys, and all other Persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Covered Product, are permanently restrained and enjoined from making, or assisting others in 

making, expressly or by implication, including through the use of a product name, endorsement, 

depiction, or illustration, any representation that such Covered Product: 

A. Improves short or long term memory or increases focus or concentration in users; 

B. Prevents memory loss; 

C. Increases brain power; 

D. Increases users’ IQ; 

E. Improves users’ speed of information processing; or 

F. Treats, cures, or mitigates any disease, 

unless the representation is non-misleading and, at the time of making such representation, they 

possess and rely upon competent and reliable scientific evidence substantiating that the 

representation is true. For purposes of this Section, competent and reliable scientific evidence 

shall consist of human clinical testing of the Covered Product, or of an Essentially Equivalent 

Product, that is sufficient in quality and quantity based on standards generally accepted by 

experts in the relevant disease, condition, or function to which the representation relates, when 

considered in light of the entire body of relevant and reliable scientific evidence, to substantiate 

that the representation is true. Such testing must be: (1) randomized, double-blind, and placebo6 
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controlled; and (2) conducted by researchers qualified by training and experience to conduct 

such testing. In addition, all underlying or supporting data and documents generally accepted by 

experts in the field as relevant to an assessment of such testing as described in the Section 

entitled Preservation of Records Relating to Competent and Reliable Human Clinical Tests or 

Studies must be available for inspection and production to the Commission. Persons covered by 

this Section have the burden of proving that a product satisfies the definition of Essentially 

Equivalent Product. 

II. 

PROHIBITED REPRESENTATIONS: OTHER HEALTH-RELATED CLAIMS 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Covered Product, are permanently restrained and enjoined from making, or assisting others in 

making, expressly or by implication, including but not limited to through the use of a product 

name, endorsement, depiction, or illustration, any representation about the health benefits, 

performance, or efficacy of any Covered Product, other than representations covered under the 

Section of this Order entitled Prohibited Representations: Cognitive Performance and Disease 

Claims, unless the representation is non-misleading, and, at the time of making such 

representation, they possess and rely upon competent and reliable scientific evidence that is 

sufficient in quality and quantity based on standards generally accepted by experts in the relevant 

disease, condition, or function to which the representation relates, when considered in light of the 

entire body of relevant and reliable scientific evidence, to substantiate that the representation is 

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true. 

For purposes of this Section, competent and reliable scientific evidence means tests, 

analyses, research, or studies (1) that have been conducted and evaluated in an objective manner 

by experts in the relevant disease, condition, or function to which the representation relates; 

(2) that are generally accepted by such experts to yield accurate and reliable results; and (3) that 

are randomized, double-blind, and placebo-controlled human clinical testing of the Covered 

Product, or of an Essentially Equivalent Product, when such experts would generally require 

such human clinical testing to substantiate that the representation is true. In addition, when such 

tests or studies are human clinical tests or studies, all underlying or supporting data and 

documents generally accepted by experts in the field as relevant to an assessment of such testing 

as set forth in the Section entitled Preservation of Records Relating to Competent and Reliable 

Human Clinical Tests or Studies must be available for inspection and production to the 

Commission. Persons covered by this Section have the burden of proving that a product satisfies 

the definition of Essentially Equivalent Product. 

III. 

PROHIBITED REPRESENTATIONS REGARDING TESTS, STUDIES, 

OR OTHER RESEARCH 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Covered Product are permanently restrained and enjoined from misrepresenting, in any manner, 

expressly or by implication, including through the use of any product name, endorsement, 

depiction, or illustration: 

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A. That any Covered Product is clinically proven to: 

1. Increase focus; 

2. Improve concentration; 

3. Increase brain power; 

4. Enhance memory recall; or 

5. Increase users’ IQ; 

B. That the performance or benefits of any Covered Product are scientifically or 

clinically proven or otherwise established; or 

C. The existence, contents, validity, results, conclusions, or interpretations of any 

test, study, or other research. 

IV. 

FDA-APPROVED CLAIMS 

IT IS FURTHER ORDERED that nothing in this Order prohibits Defendants, 

Defendants’ officers, agents, employees, and attorneys, or all other Persons in active concert or 

participation with any of them from: 

A. For any Drug, making a representation that is approved in labeling for such Drug 

under any tentative final or final monograph promulgated by the Food and Drug Administration, 

or under any new drug application approved by the Food and Drug Administration; and 

B. For any product, making a representation that is specifically authorized for use in 

labeling for such product by regulations promulgated by the Food and Drug Administration 

pursuant to the Nutrition Labeling and Education Act of 1990 or permitted under Sections 

303-304 of the Food and Drug Administration Modernization Act of 1997. 

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V. 

PRESERVATION OF RECORDS RELATING TO COMPETENT AND RELIABLE 

HUMAN CLINICAL TESTS OR STUDIES 

IT IS FURTHER ORDERED that, with regard to any human clinical test or study 

(“test”) upon which Defendants rely to substantiate any claim covered by this Order, Defendants 

shall secure and preserve all underlying or supporting data and documents generally accepted by 

experts in the field as relevant to an assessment of the test, including but not limited to: 

A. All protocols and protocol amendments, reports, articles, write-ups, or other 

accounts of the results of the test, and drafts of such documents reviewed by the test sponsor or 

any other Person not employed by the research entity; 

B. All documents referring or relating to recruitment; randomization; instructions, 

including but not limited to oral instructions, to participants; and participant compliance; 

C. Documents sufficient to identify all test participants, including but not limited to 

any participants who did not complete the test, and all communications with any participants 

relating to the test; all raw data collected from participants enrolled in the test, including but not 

limited to any participants who did not complete the test; source documents for such data; any 

data dictionaries; and any case report forms; 

D. All documents referring or relating to any statistical analysis of any test data, 

including but not limited to any pretest analysis, intent-to-treat analysis, or between-group 

analysis performed on any test data; and 

E. All documents referring or relating to the sponsorship of the test, including but 

not limited to all communications and contracts between any sponsor and the test’s researchers. 

Provided, however, the preceding preservation requirement does not apply to a reliably 

reported test, unless the test was conducted, controlled, or sponsored, in whole or in part 

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by: (1) any Defendant; (2) any Defendant’s officers, agents, representatives, or 

employees; (3) any other Person or entity in active concert or participation with any Defendant; 

(4) any Person or entity affiliated with or acting on behalf of any Defendant; (5) any supplier of 

any ingredient contained in the product at issue to any of the foregoing or to the product’s 

manufacturer; or (6) the supplier or manufacturer of such product. 

For purposes of this Section, “reliably reported test” means a report of the test has been 

published in a peer-reviewed journal, and such published report provides sufficient information 

about the test for experts in the relevant field to assess the reliability of the results. 

For any test conducted, controlled, or sponsored, in whole or in part, by Defendants, 

Defendants must establish and maintain reasonable procedures to protect the confidentiality, 

security, and integrity of any personal information collected from or about participants. These 

procedures must be documented in writing and must contain administrative, technical, and 

physical safeguards appropriate to Corporate Defendants’ size and complexity, the nature and 

scope of Defendants’ activities, and the sensitivity of the personal information collected from or 

about the participants. 

VI. 

PROHIBITED REPRESENTATIONS 

RELATED TO ENDORSEMENTS 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

good or service, are permanently restrained and enjoined from misrepresenting, in any manner, 

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expressly or by implication, including but not limited to through the use of any good or service 

name, endorsement, depiction, or illustration, that: 

A. Any Person is an objective news reporter with respect to the endorsement 

message provided by that Person; 

B. Purported consumers or celebrities who appear in advertising obtained a reported 

result through use of those goods or services; and 

C. Persons depicted in advertisements, including but not limited to experts, 

consumers, and celebrities, are providing their objective, independent opinions regarding the 

efficacy of any good or service. 

VII. 

OTHER PROHIBITED MISREPRESENTATIONS AND BUSINESS ACTIVITIES 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

good or service, are permanently restrained and enjoined from: 

A. Misrepresenting, or assisting others in misrepresenting, expressly or by 

implication: 

1. That any website advertising, marketing, promoting, offering for sale, or 

selling the good or service is an objective news report; 

2. That objective news reporters have performed independent tests 

demonstrating the effectiveness of the good or service; 

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3. That any legitimate news source has featured the good or service or its 

claimed effects; 

4. That consumers can use or try a good or service on a risk-free trial basis; 

5. The total cost to purchase, receive, or use the good or service, including 

but not limited to shipping, handling, processing, and any additional financial obligations that 

may be incurred as a result of accepting the free product, service, or offer; 

6. The timing or manner of any Charge or bill; 

7. Any material restrictions, limitations, or conditions to purchase, receive, 

or use the good or service; 

8. Any material aspect of the performance, efficacy, nature, or central 

characteristics of the good or service; and 

9. Any material aspect of the nature or terms of a refund, return, cancellation, 

exchange, guarantee, or repurchase policy for the good or service, including but not limited to 

the deadline (by date or frequency) by which the consumer must act. 

B. Failing, in connection with the manufacturing, labeling, advertising, promotion, 

offering for sale, sale, or distribution of any product, service, or program through an Affiliate 

Program to: 

1. Require each Affiliate and/or Affiliate Network to provide to Defendants 

the following identifying information: 

a. In the case of a natural Person, the Affiliate’s or Affiliate 

Network’s first and last name, physical address, country, telephone number, email address, and 

complete bank account information as to where payments are to be made to that Person; 

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b. In the case of a business entity, the Affiliate’s or Affiliate 

Network’s name and any and all names under which it does business, state of incorporation, 

registered agent, and the first and last name, physical address, country, telephone number, and 

email address for at least one natural Person who owns, manages, or controls the Affiliate or 

Affiliate Network, and the complete bank account information as to where payments are to be 

made to the Affiliate or Affiliate Network; 

c. If Defendants only have access to certain Affiliates through an 

Affiliate Network, then Defendants shall contractually require each Affiliate Network to obtain 

and maintain from those Affiliates the identifying information set forth in Subsections B.1.a and 

B.1.b. of this Section prior to the Affiliate’s or Affiliate Network’s participation in the 

Defendants’ Affiliate Program. 

2. As a condition of doing business with any Affiliate or Affiliate Network or 

such Affiliate or Affiliate Network’s acceptance into Defendants’ Affiliate Program: (a) provide 

each such Affiliate or Affiliate Network a copy of this Order; (b) obtain from each such Affiliate 

or Affiliate Network a signed and dated statement acknowledging receipt of this Order and 

expressly agreeing to comply with this Order; and (c) Clearly and Conspicuously disclose in 

writing that engaging in acts or practices prohibited by this Order will result in immediate 

termination of any Affiliate or Affiliate Network and forfeiture of all monies owed to such 

Affiliate or Affiliate Network; provided, however, that if Defendants only have access to certain 

Affiliates through an Affiliate Network, then Defendants shall contractually require that the 

Affiliate Network provide the information required by this Subsection to each of those Affiliates 

and retain proof of the same prior to any such Affiliate being used in Defendants’ Affiliate 

Program; and if Defendants should acquire any entity that has an existing program of selling 

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through Affiliates, the entity must complete all steps in this Subsection prior to Defendants’ 

acquisition of the entity. 

3. Require that each Affiliate or Affiliate Network, prior to the public use or 

dissemination of any marketing materials, including but not limited to websites, emails, and popups used by any Affiliate or Affiliate Network to advertise, promote, market, offer for sale, or 

sell any products, services, or programs through Defendants’ Affiliate Program, provide 

Defendants with the following information: (a) copies of all materially different marketing 

materials to be used by the Affiliate or Affiliate Network, including but not limited to text, 

graphics, video, audio, and photographs; (b) each location the Affiliate or Affiliate Network 

maintains, or directly or indirectly controls, where the marketing materials will appear, including 

but not limited to the URL of any website; (c) for hyperlinks contained within the marketing 

materials, each location to which a consumer will be transferred by clicking on the hyperlink, 

including the URL of any website; and (d) the range of dates that the marketing materials will be 

publicly used or disseminated to consumers; provided, however, that if Defendants only have 

access to certain Affiliates through an Affiliate Network, then Defendants shall contractually 

require that the Affiliate Network obtain and maintain the same information set forth above from 

each of those Affiliates who are part of Defendants’ Affiliate Program prior to the public use or 

dissemination of such marketing materials, and provide proof to Defendants of having obtained 

the same. 

4. Promptly review the marketing materials specified in Section VII.B.3 

above as necessary to ensure compliance with this Order. Defendants shall also promptly take 

steps as necessary to ensure that the marketing materials provided to Defendants under Section 

VII.B.3 above are the marketing materials publicly used or disseminated to consumers by the 

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Affiliate or Affiliate Network. If Defendants determine that the use of any marketing material 

does not comply with this Order, Defendants shall inform the Affiliate or Affiliate Network in 

writing that approval is denied and shall not pay any amounts to the Affiliate or Affiliate 

Network for such marketing, including but not limited to any payments for leads, “clickthroughs,” or sales resulting therefrom; provided, however, that if Defendants only have access 

to certain Affiliates through an Affiliate Network, then Defendants shall contractually require 

that the Affiliate Network comply with the procedures set forth in this Subsection as to those 

Affiliates. 

5. Promptly and completely investigate any complaints that Defendants 

receive through any source to determine whether any Affiliate or Affiliate Network is engaging 

in acts or practices prohibited by this Order, either directly or through any Affiliate that is part of 

Defendants’ Affiliate Program. 

6. Upon determining that any Affiliate or Affiliate Network has engaged in, 

or is engaging in, acts or practices prohibited by this Order, either directly or through any 

Affiliate that is part of Defendants’ Affiliate Program, immediately: 

a. Disable any connection between the Defendants’ Affiliate Program 

and the marketing materials used by the Affiliate or Affiliate Network to engage in such acts or 

practices prohibited by this Order; 

b. Immediately halt the processing of any payments or Charges 

generated by the Affiliate or Affiliate Network; 

c. Fully refund, or cause to be refunded, within five (5) business 

days, each consumer Charged by Defendants whose sale originated from the Affiliate or Affiliate 

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Network on or after the date the Affiliate or Affiliate Network engaged in acts or practices 

prohibited by this Order; and 

d. Immediately terminate the Affiliate or Affiliate Network; provided, 

however, Defendants shall not be in violation of this Subsection if Defendants fail to terminate 

an Affiliate Network in a case where Defendants’ only access to an Affiliate who has engaged in 

acts or practices prohibited by this Order is through an Affiliate Network and Defendants receive 

notice that the Affiliate Network immediately terminated the Affiliate violating this Order from 

any Affiliate Program maintained by the Defendants. 

VIII. 

REQUIRED DISCLOSURES 

IT IS FURTHER ORDERED that, in connection with the manufacturing, labeling, 

advertising, promotion, offering for sale, sale, or distribution of any good or service, Defendants, 

Defendants’ officers, agents, employees, and attorneys, and all other Persons in active concert or 

participation with any of them who receive actual notice of this Order, whether acting directly or 

indirectly, are permanently restrained and enjoined from failing to Clearly and Conspicuously 

disclose, or assisting others in failing to Clearly and Conspicuously disclose, before consumers 

are asked to reveal billing information such as account number or to consent to any purchase in 

connection with any claim that a good or service is offered on a “guaranteed,” “free,” “risk-free,” 

“trial,” “no obligation,” or “reduced price” basis, or words of similar import, the following 

material terms and conditions of any offer: 

A. In Close Proximity to such claim, the total cost to purchase, or receive, or use any 

good or service that is the subject of the sales offer, including but not limited to shipping, 

handling, and processing; 

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B. The amount, timing, and manner of payment of all fees, Charges, or other 

amounts that a consumer will be Charged or billed, and any additional financial obligations that 

may be incurred as a result of accepting the free product, service, or offer; and 

C. The terms and conditions of any refund, cancellation, exchange, or purchase 

policy or policies, including but not limited to the specific steps and means by which such 

requests must be submitted, and the telephone number, email address, web address, or street 

address to which such requests must be directed, including but not limited to the deadline (by 

date or frequency) by which the consumer must act, and, if there is a policy of not making 

refunds, cancellations, exchanges, or repurchases, a statement regarding this policy. 

IX. 

PROHIBITIONS CONCERNING REFUNDS AND CANCELLATIONS 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

good or service, are permanently restrained and enjoined from failing to honor a refund, return, 

or cancellation request that complies with any policy of Defendants to make refunds or allow 

returns or cancellations. 

X. 

MONETARY JUDGMENT AND PARTIAL SUSPENSION 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of $11,587,117 is hereby entered in favor of the 

Commission against Defendants, jointly and severally, as equitable monetary relief. 

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B. Individual Defendant Salaheddine is ordered to pay to the Commission $100,000, 

which as Defendant stipulates, his undersigned counsel holds in escrow for no purpose other than 

payment to the Commission. Such payment must be made within 7 days of entry of this Order 

by electronic fund transfer in accordance with instructions previously provided by a 

representative of the Commission. Upon such payment, the remainder of the judgment is 

suspended, subject to the Subsections below. 

C. The Commission’s agreement to the suspension of part of the judgment is 

expressly premised upon the truthfulness, accuracy, and completeness of Defendants’ sworn 

financial statements and related documents (collectively, “financial representations”) submitted 

to the Commission, namely: 

1. The Financial Statement of Individual Defendant Robby O. Salaheddine 

signed on June 28, 2018, including the attachments; 

2. The Financial Statement of Corporate Defendant Premium Health 

Supplies, LLC signed by Robby Salaheddine, Owner, on June 28, 2018, including the 

attachments; 

3. The Financial Statement of Corporate Defendant ROS Marketing & 

Consulting LLC signed by Robby Salaheddine, CEO, on June 28, 2018, including the 

attachments; 

4. The Financial Statement of Optimal Health Solutions, LLC signed by 

Robby Salaheddine, Owner/CEO, on August 14, 2018, including the attachments; 

5. The additional documentation submitted by Defendants’ counsel Rachel 

Hirsch to the Commission via secure file transfer protocol (SFTP), including: 

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a. Bank Statements for Corporate Defendant ROS Marketing & 

Consulting LLC’s PNC account ending in -5628, submitted on July 19, 2018, and balance 

information submitted on September 14, 2018; 

b. Bank Statements for Optimal Health Solutions, LLC’s PNC 

account ending in -0179, submitted on July 30, 2018, and September 14, 2018; 

c. Transactional information for Individual Defendant Robby 

Salaheddine’s Robinhood account ending in -4396, submitted on August 31, 2018; 

d. Bank Statements for Individual Defendant Robby Salaheddine’s 

PNC account ending in -3357, submitted on September 14, 2018; 

e. Undated purchase quote from Ohio Gold & Pawn for Patek 

Phillippe geneve watch model 5119r-001, submitted on September 14, 2018; 

f. Coinbase account reports and other transactional data for 

Individual Defendant Robby Salaheddine’s Bitcoin cryptocurrency, submitted on September 20, 

2018, and October 4, 2018; 

g. Bill of Sale dated September 24, 2018, for sale of 2009 Audi R8, 

VIN WUAAU34209N002680, from Individual Defendant Robby Salaheddine to Akron 

Motorcars, including attachment; 

6. The additional information submitted by Defendants’ counsel Rachel 

Hirsch to the Commission via electronic mail dated August 17, 2018, August 31, 2018, 

September 10, 2018, September 14, 2018, and September 21, 2018, including attachments; 

D. The suspension of the judgment will be lifted as to any Defendant if, upon motion 

by the Commission, the Court finds that Defendant failed to disclose any material asset, 

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materially misstated the value of any asset, or made any other material misstatement or omission 

in the financial representations identified above. 

E. If the suspension of the judgment is lifted, the judgment becomes immediately 

due as to that Defendant in the amount specified in Subsection A above (which the parties 

stipulate only for purposes of this Section represents the consumer injury alleged in the 

Complaint), less any payment previously made pursuant to this Section, plus interest computed 

from the date of entry of this Order. 

F. Defendants relinquish dominion and all legal and equitable right, title, and interest 

in all assets transferred pursuant to this Order and may not seek the return of any assets. 

G. The facts alleged in the Complaint will be taken as true, without further proof, in 

any subsequent civil litigation by or on behalf of the Commission, including but not limited to in 

a proceeding to enforce its rights to any payment or monetary judgment pursuant to this Order, 

such as a nondischargeability complaint in any bankruptcy case. 

H. The facts alleged in the Complaint establish all elements necessary to sustain an 

action by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 

523(a)(2)(A), and this Order will have collateral estoppel effect for such purposes. 

I. Defendants acknowledge that their Taxpayer Identification Numbers (Social 

Security Numbers or Employer Identification Numbers), which Defendants previously submitted 

to the Commission, may be used for collecting and reporting on any delinquent amount arising 

out of this Order, in accordance with 31 U.S.C. § 7701. 

J. All money paid to the Commission pursuant to this Order may be deposited into a 

fund administered by the Commission or its designee to be used for equitable relief, including 

but not limited to consumer redress and any attendant expenses for the administration of any 

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redress fund. If a representative of the Commission decides that direct redress to consumers is 

wholly or partially impracticable or money remains after redress is completed, the Commission 

may apply any remaining money for such other equitable relief (including but not limited to 

consumer information remedies) as it determines to be reasonably related to Defendants’ 

practices alleged in the Complaint. Any money not used for such equitable relief is to be 

deposited to the U.S. Treasury as disgorgement. Defendants have no right to challenge any 

actions the Commission or its representatives may take pursuant to this Subsection. 

XI. 

CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, employees, 

and attorneys, and all other Persons in active concert or participation with any of them, who 

receive actual notice of this Order, are permanently restrained and enjoined from directly or 

indirectly: 

A. Failing to provide sufficient customer information to enable the Commission to 

efficiently administer consumer redress. If a representative of the Commission requests in 

writing any information related to redress, Defendants must provide it, in the form prescribed by 

the Commission, within 14 days. 

B. Disclosing, using, or benefitting from customer information, including but not 

limited to the name, address, telephone number, email address, Social Security number, other 

identifying information, or any data that enables access to a customer’s account (including but 

not limited to a credit card, bank account, or other financial account), that any Defendant 

obtained prior to entry of this Order in connection with the labeling, advertising, marketing, 

distribution, or sale of any formulation of Xcel, EVO, Geniux, or Ion-Z; and 

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C. Failing to destroy such customer information in all forms in their possession, 

custody, or control within 30 days after receipt of written direction to do so from a representative 

of the Commission. 

Provided, however, that customer information need not be destroyed, and may be 

disclosed, to the extent requested by a government agency or required by law, regulation, or 

court order. 

XII. 

COOPERATION 

IT IS FURTHER ORDERED that Defendants must fully cooperate with representatives 

of the Commission in this case and in any investigation related to or associated with the 

transactions or the occurrences that are the subject of the Complaint. Defendants must provide 

truthful and complete information, evidence, and testimony. Individual Defendant must appear 

and Corporate Defendants must cause their officers, employees, representatives, or agents to 

appear for interviews, discovery, hearings, trials, and any other proceedings that a Commission 

representative may reasonably request upon 5 days written notice, or other reasonable notice, at 

such places and times as a Commission representative may designate, without the service of a 

subpoena. 

XIII. 

ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of 

this Order: 

A. Each Defendant, within 7 days of entry of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of perjury. 

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B. For 10 years after entry of this Order, Individual Defendant for any business that 

he, individually or collectively with any other Defendants, is the majority owner or controls 

directly or indirectly, and each Corporate Defendant, must deliver a copy of this Order to: 

1. All principals, officers, directors, and LLC managers and members; 

2. All employees having managerial responsibilities for the manufacturing, 

labeling, advertising, marketing, distribution, or sale of any Covered Product and all agents and 

representatives who participate in the manufacturing, labeling, advertising, marketing, 

distribution, or sale of any Covered Product; and 

3. Any business entity resulting from any change in structure as set forth in 

the Section titled Compliance Reporting. 

Delivery must occur within 7 days of entry of this Order for current personnel. For all others, 

delivery must occur before they assume their responsibilities. 

C. From each individual or entity to which a Defendant delivered a copy of this 

Order, that Defendant must obtain, within 30 days, a signed and dated acknowledgment of 

receipt of this Order. 

XIV. 

COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

A. Sixty (60) days after entry of this Order, each Defendant must submit a 

compliance report, sworn under penalty of perjury: 

1. Each Defendant must: (a) identify the primary physical, postal, and email 

address and telephone number, as designated points of contact, which representatives of the 

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Commission may use to communicate with Defendant; (b) identify all of that Defendant’s 

businesses by all of their names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c) describe the activities of each business, including the goods and services offered, 

the means of advertising, marketing, and sales, and the involvement of any other Defendant 

(which Individual Defendant must describe if he knows or should know due to his own 

involvement); (d) describe in detail whether and how that Defendant is in compliance with each 

Section of this Order; and (e) provide a copy of each Order Acknowledgment obtained pursuant 

to this Order, unless previously submitted to the Commission. 

2. Additionally, Individual Defendant must: (a) identify all telephone 

numbers and all physical, postal, email, and Internet addresses, including all residences; 

(b) identify all business activities, including any business for which he performs services whether 

as an employee or otherwise and any entity in which Defendant has any ownership interest; and 

(c) describe in detail Defendant’s involvement in each such business, including title, role, 

responsibilities, participation, authority, control, and any ownership. 

B. For 10 years after entry of this Order, each Defendant must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following: 

1. Each Defendant must report any change in: (a) any designated point of 

contact; (b) the structure of the Corporate Defendant or any entity that Defendants have any 

ownership interest in or control directly or indirectly that may affect compliance obligations 

arising under this Order, including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order. 

2. Additionally, Individual Defendant must report any change in: (a) name, 

including aliases or fictitious names, or residence addresses; or (b) title or role in any business 

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activity, including any business for which he performs services whether as an employee or 

otherwise and any entity in which Defendant has any ownership interest, and identify the name, 

physical address, and any Internet address of the business or entity. 

C. Each Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by or against such Defendant 

within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under 

penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: “I declare under penalty of perjury under the laws of the United States of America 

that the foregoing is true and correct. Executed on: ________” and supplying the date, 

signatory’s full name, title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all 

submissions to the Commission pursuant to this Order must be emailed to DEBrief@ftc.gov or 

sent by overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, 

Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., 

Washington, D.C. 20580. The subject line must begin: FTC v. Global Community Innovations 

LLC, et al., and the number 1623135. 

XV. 

RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records for 10 years 

after entry of the Order, and retain each such record for 5 years. Specifically, each Corporate 

Defendant and Individual Defendant for any business that he, individually or collectively with 

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any other Defendants, is a majority owner or controls directly or indirectly, must create and 

retain the following records: 

A. Accounting records showing the revenues from all goods or services sold; 

B. Personnel records showing, for each Person providing services, whether as an 

employee or otherwise, that Person’s: name; address; telephone numbers; job title or position; 

dates of service; and (if applicable) the reason for termination; 

C. Records of all consumer complaints and refund requests, whether received 

directly or indirectly, such as through a third party, and any response; 

D. All records necessary to demonstrate full compliance with each provision of this 

Order, including but not limited to all submissions to the Commission; and 

E. A copy of each unique advertisement or other marketing material. 

XVI. 

COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendants’ 

compliance with this Order, including the financial representations upon which part of the 

judgment was suspended and any failure to transfer any assets as required by this Order: 

A. Within 14 days of receipt of a written request from a representative of the 

Commission, each Defendant must: submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury; appear for depositions; and produce 

documents for inspection and copying. The Commission is also authorized to obtain discovery, 

without further leave of court, using any of the procedures prescribed by Federal Rules of Civil 

Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69. 

B. For matters concerning this Order, the Commission is authorized to communicate 

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directly with each Defendant. Defendants must permit representatives of the Commission to 

interview any employee or other Person affiliated with any Defendant who has agreed to such an 

interview. The Person interviewed may have counsel present. 

C. The Commission may use all other lawful means, including but not limited to 

posing, through its representatives, as consumers, suppliers, or other individuals or entities, to 

Defendants or any individual or entity affiliated with Defendants, without the necessity of 

identification or prior notice. Nothing in this Order limits the Commission’s lawful use of 

compulsory process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

D. Upon written request from a representative of the Commission, any consumer 

reporting agency must furnish consumer reports concerning Individual Defendant, pursuant to 

Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. § 1681b(a)(1). 

XVII. 

RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

IT IS SO ORDERED this ___ day of ____________, 2019. 

 United States District Court Judge 

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IT IS SO STIPULATED this J!_ day of Jpril , 2019. 

ALDEN F. ABBOTT 

General Counsel 

~..f>t-~ 

Kristin M. Williams 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

Telephone: 202-326-2619 

Facsimile: 202-326-3259 

Email: kwilliams2@ftc.gov 

Attorney for Plaintiff 

Federal Trade Commission 

IT IS SO STIPULATED this _1.L day of V\/IC0YU1 2019. 

Ro~ eddine, Individually, 

and on behalf of Premium Health Supplies, LLC 

and ROS Marketing & Consulting LLC 

IT IS SO STIPULATED this JL day of M,a,,r-C,h,2019. 

Rachel Scava, Esq. 

Fully Accountable, LLC 

2680 West Market Street 

Akron, OH 44333 

Telephone: (216) 810-4 705 

Email: rachel. scava@full yaccountable. com 

Attorney for Defendants Premium Health 

Supplies, LLC; ROS Marketing & Consulting LLC; 

and Robby 0. Salaheddine 

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