FINAL JUDGMENT AND ORDER

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KIMBERLY L. NELSON (VA Bar No. 47224) 

GREGORY J. MADDEN 

SANDHYA P. BROWN 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. M-8102B 

Washington, DC 20580 

(202) 326-3304 (tel.) (Nelson) 

(202) 326-2426 (tel.) (Madden) 

(202) 326-2040 (tel.) (Brown) 

(202) 326-2558 (fax) 

knelson@ftc.gov; gmadden@ftc.gov; sbrown5@ftc.gov 

BARBARA CHUN, Bar No. 186907 

bchun@ftc.gov 

Federal Trade Commission 

10877 Wilshire Boulevard, Suite 700 

Los Angeles, CA 90024 

(310) 824-4312 (tel.) 

(310) 824-4380 (fax) 

ATTORNEYS FOR PLAINTIFF 

FEDERAL TRADE COMMISSION 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 

FEDERAL TRADE 

COMMISSION, 

Plaintiff, 

v. 

LIGHTS OF AMERICA, INC., 

et al., 

Defendants.

Case No. SACV10-01333 JVS 

(MLGx) FINAL JUDGMENT AND ORDER 

FOR INJUNCTIVE AND OTHER 

RELIEF

Hearing Date: None 

Judge: Hon. James V. Selna 

 

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On September 7, 2010, Plaintiff, Federal Trade Commission (“FTC” or 

“Commission”) brought this action for injunctive and equitable monetary relief 

against Lights of America, Inc. (“LOA”), Usman Vakil, and Farooq Vakil 

(collectively, “Defendants”) for deceptive business practices related to their 

marketing and sale of light bulbs that use light-emitting diodes (“LEDs”) as a light 

source. (Docket No. 1) In the Complaint and First Amended Complaint (Docket 

Nos. 1 and 38), the FTC asserted that Defendants’ activities violated Section 5(a) 

of the Federal Trade Commission Act, 15 U.S.C. § 45(a) (the “FTC Act”), and 

requested injunctive and equitable monetary relief against all Defendants pursuant 

to Section 13(b) of the FTC Act, 15 U.S.C. § 53(b). 

The parties filed cross-motions for summary judgment on February 13, 

2102. (Docket Nos. 164, 165, 170, 184, and 167) On April 25, 2012, the Court 

granted Plaintiff’s motion for partial summary judgment on Count I of the 

Amended Complaint, granted in part LOA’s motion for summary judgment with 

respect to Count II of the Amended Complaint, and denied the Vakils’ motion for 

summary judgment. (Docket No. 243 (the “MSJ Order”))1

The Court conducted a four-day bench trial between October 30 and 

November 2, 2012. Four claims were tried before the Court: (1) whether 

Defendants violated Section 5 of the FTC Act by engaging in deceptive acts or 

practices in making false claims with regard to LED lamps replacing certain 

wattage incandescent lamps; (2) whether Defendants violated Section 5 of the FTC 

Act by engaging in deceptive acts or practices in making unsubstantiated and/or 

false claims with regard to the lifetime of their LED lamps; (3) whether injunctive 

relief against all Defendants is proper; and (4) whether Defendants are liable for 

 

1

 On September 17, 2012, Defendants filed a motion for reconsideration of the 

Court’s order granting the FTC’s motion for partial summary judgment. (Docket 

No. 264) After further briefing, the Court denied Defendants’ motion for 

reconsideration on October 24, 2012. (Docket No. 317)

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equitable monetary relief and/or disgorgement of ill-gotten gains. The Court 

received evidence in the form of exhibits, designated portions of deposition 

transcripts, and witness testimony. After carefully reviewing all of the evidence, 

testimony, and arguments presented by the parties’ counsel, the Court concluded in 

its Findings of Fact and Conclusions of Law that the FTC had proven by a 

preponderance of the evidence that Defendants are liable for the deceptive 

marketing and sale of certain LED lamps in violation of Section 5(a) of the FTC 

Act. (Docket No. 361) The Court entered its Findings of Fact and Conclusions of 

Law pursuant to Federal Rule of Civil Procedure 52(a). The Court also found that 

injunctive relief against all Defendants is appropriate because: (1) it is reasonably 

likely that Defendants will commit the kinds of deceptive practices at issue in this 

case in the future; (2) Defendants acted with sufficient deliberateness; (3) 

Defendants have had prior experience with false claims; and (4) Defendants are in 

a position to repeat their deceptive acts with other lighting products they sell. 

Further, the Court ruled that equitable monetary relief against all Defendants in the 

amount of $21,165,863.47 is appropriate in this case. 

The Court directed the FTC to file a proposed judgment embodying its 

ruling as set forth in the Findings of Fact and Conclusions of Law entered on 

September 17, 2013 (Docket No. 361) (the “Findings”). On September 23, 2013, 

the FTC filed its proposed final judgment and order for permanent injunction 

against Defendants. Based upon the record established in this case, the Court 

enters this Final Judgment and Order for Injunctive and Other Relief pursuant to 

Federal Rule of Civil Procedure 58. 

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SUMMARY OF FINDINGS AND JUDGMENT 

1. This Court has jurisdiction over the subject matter of this case and 

each of the parties. Venue lies properly with this Court. 

2. Pursuant to Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), the 

Commission has the authority to seek the relief contained herein. 

3. At all relevant times, the acts and practices of Defendants have been 

in or affecting commerce, as “commerce” is defined in Section 4 of the FTC Act, 

15 U.S.C. § 44. 

4. The evidence admitted on summary judgment established that 

Defendants made unsubstantiated claims that their LED Lamps provided the same 

or comparable light output as incandescent lamps. MSJ Order, at 7-9. 

5. The evidence admitted at trial established that Defendants made false 

claims that their LED Lamps provided the same or comparable light output as 

incandescent lamps. Findings, ¶¶ 85, 90, 94-97, 103, 243-244. 

6. The evidence admitted at trial established that Defendants made 

unsubstantiated and false claims about the lifetime of their LED Lamps. Findings, 

¶¶ 150, 158, 165-166, 168, 173-174, 176, 181, 183-184, 187, 189-190, 196-199, 

204-205, 207-209, 218, 227, 243-244. 

7. The evidence admitted at trial and the evidence admitted during 

summary judgment established that Defendants violated Section 5(a) of the FTC 

Act, 15 U.S.C. § 45(a), in making unsubstantiated and false claims about the light 

output and lifetime of their LED Lamps. 

8. The evidence admitted at trial established that there is a reasonable 

likelihood that Defendants would continue to engage in the activities alleged unless 

permanently enjoined from such acts and practices. Thus, this Court held that 

injunctive relief was warranted against all Defendants. Findings, ¶¶ 472-486. 

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9. The evidence admitted at trial established that equitable monetary 

relief against Defendants was warranted. Findings, ¶¶ 487-516. 

10. LOA’s gross revenue is a conservative, yet proper measure of 

monetary liability in this case. Findings, ¶¶ 517-522. Equitable monetary relief 

under both restitution and disgorgement theories is the same in this case: 

Defendants’ gross revenues from the deceptively advertised products. 

11. Total consumer harm and total ill-gotten gains in this case equals 

$21,165,863.47. Findings, ¶¶ 523-535. LOA, Usman Vakil, and Farooq Vakil are 

jointly and severally liable for equitable monetary relief in the amount of twentyone million, one hundred sixty-five thousand, eight hundred sixty-three dollars and 

forty-seven cents ($21,165,863.47), plus post-judgment interest pursuant to 28 

U.S.C. § 1961, which will accrue upon entry of this Final Judgment. 

12. Entry of this Final Judgment is in the public interest. There being no 

just reason for delay, the Clerk is directed to enter judgment immediately. 

DEFINITIONS 

 For the purposes of this Final Judgment, the following definitions shall 

apply: 

1. “Individual Defendants” means Usman Vakil and Farooq Vakil. 

2. “Corporate Defendant” means Lights of America, Inc., and its 

successors and assigns. 

3. “Defendants” means all of the Individual Defendants and the 

Corporate Defendant, individually, collectively, or in any 

combination. 

4. “FTC” or “Commission” means the Federal Trade Commission. 

5. “Competent and Reliable Scientific Evidence” means tests, analyses, 

research, or studies that have been conducted and evaluated in an 

objective manner by qualified persons, that are generally accepted in 

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the relevant scientific field to yield accurate and reliable results, and 

that are sufficient in quality and quantity based on standards 

generally accepted in the field, when considered in light of the entire 

body of relevant and reliable scientific evidence, to substantiate that 

a representation is true. 

6. “Light-Emitting Diode Lamp” shall mean all product(s) advertised, 

marketed, offered for sale, or sold that include, or are advertised, 

marketed, offered for sale, or sold as including, a light-emitting 

diode(s) as a light source. 

7. “Lifetime,” as established in the Court’s Findings, means the period 

at which an Light-Emitting Diode Lamp reaches seventy (70) 

percent of its original light output (known as L70), which shall be 

based upon Competent and Reliable Scientific Evidence. 

8. “Light Output” means the measure of light emanating from a 

Covered Product, which amount shall be based upon Competent and 

Reliable Scientific Evidence. 

9. “Incandescent Lamp” means any light bulb or lamp in which light is 

produced by a filament heated to incandescence by an electric 

current. 

10. “Covered Product” means any lamp, Light-Emitting Diode Lamp, 

luminaire, light bulb, or any other light-emitting device that is 

intended for lighting and manufactured, assembled, or placed into 

the stream of commerce by Defendants, regardless of base size, bulb 

size, bulb shape, or technology. 

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I. PROHIBITED REPRESENTATIONS 

IT IS HEREBY ORDERED that Defendants and their officers, agents, 

servants, employees, and attorneys, and all persons and entities in active concert or 

participation with any of them who receive actual notice of this Final Judgment by 

personal service or otherwise, whether acting directly or indirectly, in connection 

with the manufacturing, marketing, labeling, advertising, promotion, offering for 

sale, sale, or distribution of any Covered Product in or affecting commerce, are 

permanently restrained and enjoined from: 

(A) Making any misrepresentation or assisting others in misrepresenting, 

expressly or by implication, any fact material to consumers 

concerning any Covered Product. 

(B) For any Covered Product, making any misrepresentation or assisting 

others in misrepresenting, expressly or by implication: 

(1) Light output or brightness in lumens; 

(2) Light output equivalency of any Covered Product to another 

Covered Product; 

(3) Lifetime of the product; or 

(4) Energy costs, energy savings, energy consumption, or energyrelated efficacy. 

At the time of making such representation, Defendants must possess and rely upon 

competent and reliable evidence that substantiates that the representation is true. 

If, in general, experts in the relevant scientific fields would conclude it is 

necessary, such evidence must be Competent and Reliable Scientific Evidence. 

II. MONETARY JUDGMENT 

IT IS FURTHER ORDERED that: 

 A. Judgment is hereby entered in favor of the Commission and against 

Defendants Lights of America, Inc., Usman Vakil, and Farooq Vakil, jointly and 

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severally, for equitable monetary relief, including but not limited to consumer 

redress, in the amount of twenty-one million, one hundred sixty-five thousand, 

eight hundred sixty-three dollars and forty-seven cents ($21,165,863.47 plus post 

judgment interest pursuant to 28 U.S.C. § 1961), which is the amount of injury 

suffered by consumers, or unjust enrichment obtained by Defendants, resulting 

from Defendants’ violations of the FTC Act. 

 B. All funds paid to the Commission pursuant to this Section shall be 

deposited into a fund administered by the Commission or its designee to be used 

for equitable relief, including consumer redress and any attendant expenses for the 

administration of any redress fund. In the event that direct restitution to consumers 

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

the Commission may apply any remaining money for such equitable relief 

(including consumer information remedies) as it determines to be reasonably 

related to Defendants’ practices as alleged in the Complaint. Any money not used 

for such equitable relief will 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. 

 C. Defendants acknowledge that their Taxpayer Identification Numbers 

(Social Security Numbers or Employer Identification Numbers), which Defendants 

must submit to the Commission within ten (10) days of entry of this Final 

Judgment, may be used for collecting and reporting on any delinquent amount 

arising out of this Final Judgment, in accordance with 31 U.S.C. § 7701. 

III. FINAL JUDGMENT ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of 

receipt of this Final Judgment: 

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(A) Each Defendant, within seven (7) business days of entry of this Final 

Judgment, must submit to the Commission an acknowledgement of 

receipt of this Final Judgment sworn under penalty of perjury. 

(B) For five (5) years after entry of this Final Judgment, each Individual 

Defendant (for any business that such Defendant, 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 Final Judgment to: 

(1) All principals, officers, directors, and LLC managers and 

members; 

(2) All employees, agents, and representatives who participate in 

activities related to Defendants’ marketing and sale of Covered 

Products; and 

(3) Any business entity resulting from any change in structure as set 

forth in the Section titled Compliance Reporting. 

Delivery must occur within seven (7) days of entry of this Final 

Judgment 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 Final Judgment, Defendant must obtain, within thirty (30) 

days, a signed and dated acknowledgment of receipt of this Final 

Judgment. 

IV. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to 

the Commission: 

(A) One year after entry of this Final Judgment, each Defendant must 

submit a compliance report, sworn under the penalty of perjury: 

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

and email and telephone number, as designated points of contact, 

which representatives of the 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 any goods and services 

offered, the means of advertising, marketing, and sales, and the 

involvement of any other Defendant (which Individual 

Defendants must describe if they know or should know due to 

their own involvement); (d) describe in detail whether and how 

that Defendant is in compliance with each Section of this Final 

Judgment; and (e) provide a copy of each Acknowledgment 

obtained pursuant to this Final Judgment, unless previously 

submitted to the Commission. 

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

telephone numbers, and all email, Internet, physical, and postal 

addresses, including all residences; (b) identify all business 

activities, including any business for which such Defendant has 

any ownership interest; and (c) describe in detail such 

Defendant’s involvement in each such business, including title, 

role, responsibilities, participation, authority, control, and any 

ownership. 

(B) For twenty (20) years following entry of this Final Judgment, each 

Defendant must submit a compliance notice, sworn under penalty of 

perjury, within 14 days of any change in the following: 

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

point of contact; or (b) the structure of any Corporate Defendant 

or any entity that Defendant has any ownership interest in or 

controls directly or indirectly that may affect compliance 

obligations arising under this Final Judgment, 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 Final Judgment. 

(2) Additionally, each Individual Defendant must report any change 

in: (a) name, including aliases or fictitious names, or residence 

address; or (b) title or role in any business activity, including any 

business for which such Defendant performs services whether as 

an employee or otherwise and any entity in which such 

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 any similar 

proceeding by or against such Defendant within fourteen (14) days of 

its filing. 

(D) Any submission to the Commission required by this Final Judgment 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. 

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(E) Unless otherwise directed by a Commission representative in writing, 

all submissions to the Commission pursuant to this Final Judgment 

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 NW, Washington, D.C. 20580. The subject line 

must begin: FTC v. Lights of America, Inc. 

V. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring 

Defendants’ compliance with this Final Judgment: 

(A) Within fourteen (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 Final Judgment, the Commission is 

authorized to communicate directly with each Defendant. Defendant 

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 posing, 

through its representatives, as consumers, suppliers, or other 

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individuals or entities, to Defendants or any individual or entity 

affiliated with Defendants, without the necessity of identification or 

prior notice. Nothing in this Final Judgment 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. 

VI. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendants must create certain records 

for twenty (20) years after entry of the Final Judgment, and retain each such record 

for 5 years. Specifically, Corporate Defendant and each Individual Defendant for 

any business in which that Defendant, individually or collectively with 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, addresses, 

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 Final Judgment, including all submissions to the 

Commission; and 

(E) A copy of each unique advertisement or other marketing material for 

any Covered Product. 

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VII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this 

matter for purposes of construction, modification, and enforcement of this Final 

Judgment. 

Dated: January 15, 2014 ____________________________ 

 HON. JAMES V. SELNA 

 UNITED STATES DISTRICT JUDGE 

 

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Date: January 14, 2014 Respectfully submitted, 

 /s/ Kimberly L. Nelson 

 KIMBERLY L. NELSON 

 GREGORY J. MADDEN 

 SANDHYA P. BROWN 

 Federal Trade Commission 

 600 Pennsylvania Avenue, NW 

 Room M-8102B 

 Washington, DC 20580 

 (202) 326-3304 (tel.) (Nelson) 

 (202) 326-2426 (tel.) (Madden) 

 (202) 326-2040 (tel.) (Brown) 

 (202) 326-2558 (fax) knelson@ftc.gov, gmadden@ftc.gov, 

sbrown5@ftc.gov 

 BARBARA CHUN (Local Counsel) 

 Federal Trade Commission 

 10877 Wilshire Boulevard, Suite 700 

 Los Angeles, CA 90024 

 (310) 824-4312 (tel.) 

 (310) 824-4380 (fax) 

DEFENDANTS: 

 /s/ William J. Robinson 

WILLIAM J. ROBINSON (State Bar No. 83729) 

JEAN-PAUL CIARDULLO (State Bar No. 

284170) 

FOLEY & LARDNER LLP 

555 South Flower Street, Suite 3500 

Los Angeles, CA 90071-2411 

(213) 972-4500 (tel.) 

(213) 486-0065 (fax) 

wrobinson@foley.com, jciardullo@foley.com 

Attorneys for LIGHTS OF AMERICA, INC., 

USMAN VAKIL, and FAROOQ VAKIL

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