EXHIBIT 1 

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7:15-cv-09304-VB

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3. Defendants neither admit nor deny any of the allegations in the Complaint, except 

as specifically stated in this Order. Only for purposes of this action, Defendants admit the facts 

necessary to establish jurisdiction. 

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, 

and agree to bear their own costs and attorney fees. 

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

validity of this Order. This action and the relief awarded herein are in addition to, and not in 

lieu of, other remedies as may be provided by law. 

DEFINITIONS 

For the purpose of this Order: 

1. “Advertising” and “promotion” mean any written or verbal statement, illustration, 

or depiction designed to effect a sale or create interest in the purchasing of products or services, 

whether it appears in a brochure, newspaper, magazine, pamphlet, leaflet, circular, mailer, book 

insert, free standing insert, letter, catalogue, poster, chart, billboard, public transit card, point of 

purchase display, packaging, package insert, label, film, slide, radio, television or cable 

television, audio program transmitted over a telephone system, program-length commercial 

(“infomercial”), the Internet, email, press release, video news release, or in any other medium. 

2. “Commerce” means as defined in Section 4 of the FTC Act, 15 U.S.C. § 44. 

3. “Corporate Defendant” means Tommie Copper, Inc. and its successors and 

assigns. 

4. “Covered Health Product” means any Covered Product, or any food, drug, or 

cosmetic, as defined in 15 U.S.C. § 55(b), (c), and (e), respectively. 

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5. “Covered Product” means any device or garment. 

6. “Defendants” means the Individual Defendant and the Corporate Defendant. 

7. “Device” means as defined in Section 15 of the FTC Act, 15 U.S.C. § 55(d). 

8. “Endorsement” means as defined in 16 C.F.R. § 255.0(b). 

9. “Essentially Equivalent Product” means any 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); provided 

that it may contain additional ingredients if reliable scientific evidence generally accepted by 

experts in the field demonstrates that the amount and combination of additional ingredients is 

unlikely to impede or inhibit the effectiveness of the ingredients in the Essentially Equivalent 

Product. 

10. “Garment” means an article of clothing. 

11. “Individual Defendant” means Thomas Kallish. 

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

a corporation, partnership, sole proprietorship, limited liability company, association, 

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

13. “Reliably Reported,” for a human clinical test or study (“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. 

14. The term “including” in this Order means “including without limitation.” 

15. The terms “and” and “or” in this Order shall be construed conjunctively or 

disjunctively as necessary, to make the applicable phrase or sentence inclusive rather than 

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exclusive. 

ORDER 

I. 

PROHIBITED REPRESENTATIONS: 

CLAIMS REGARDING COPPER, CHRONIC OR SEVERE PAIN, DISEASES, 

DRUGS, AND SURGERY 

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 hereby permanently restrained and enjoined from making, or assisting 

others in making, expressly or by implication, including through the use of a product or program 

name, endorsement, depiction, or illustration, any representation that: 

A. The copper in any Covered Product provides a pain relief benefit to consumers; 

B. Any Covered Product treats or relieves chronic or severe pain, or pain or 

inflammation caused by diseases including multiple sclerosis, arthritis, and fibromyalgia; or 

C. Any Covered Product provides pain relief comparable or superior to drugs or 

surgery, 

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

Defendants possess and rely upon competent and reliable scientific evidence to substantiate 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 that is sufficient in 

quality and quantity, based on standards generally accepted by relevant medical experts, when 

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

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

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

relevant medical experts 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. 

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 Health Product, are permanently restrained and enjoined from making, or assisting 

others in making, directly or by implication, including through the use of a product or program 

name, endorsement, depiction, or illustration, any representation, other than representations 

covered under Section I of this Order, about the health benefits or health efficacy of any Covered 

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

representation, Defendants possess and rely upon competent and reliable scientific evidence that 

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

scientific fields, when considered in light of the entire body of relevant and reliable scientific 

evidence, to substantiate that the representation is 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 

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by qualified persons; (2) that are generally accepted in the profession to yield accurate and 

reliable results; and (3) as to which, when they are human clinical tests or studies, shall consist of 

human clinical testing on the Covered Health Product (or, where such product is a food or drug, 

on the Covered Health Product or an Essentially Equivalent Product), that is sufficient in quality 

and quantity, that conforms to acceptable designs and protocols, and whose results, when 

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

substantiate that the representation is true; and further, that with respect to such clinical testing, 

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 are available for 

inspection and production to the Commission. Defendants shall have the burden of proving that 

a product satisfies the definition of an Essentially Equivalent Product. 

III. 

FDA-APPROVED CLAIMS

IT IS FURTHER ORDERED that nothing in this Order shall prohibit Defendants from: 

A. Making any representation for any drug that is permitted in labeling for such drug 

under any tentative 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. Making any representation for any product that is specifically permitted 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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IV. 

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 necessarily 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 oral instructions, to participants; and participant compliance; 

C. Documents sufficient to identify all test participants, including 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 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 all 

communications and contracts, between any sponsor and the test’s researchers. 

Provided, however, the preceding preservation requirement shall not apply to a Reliably 

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Reported test, unless the test was conducted, controlled, or sponsored, in whole or in part 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 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 shall be documented in writing and shall contain administrative, technical, and 

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

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

participants. 

V.

MONETARY JUDGMENT AND CONSUMER REDRESS

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of eighty-six million, eight hundred fifteen thousand, 

seven hundred seventy-eight dollars ($86,815,778.00) is entered in favor of the Commission 

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

B. Defendants are ordered to pay to the Commission one million, three hundred fifty 

thousand dollars ($1,350,000.00), which, as Defendants stipulate, their 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 

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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 Thomas Kallish signed 

and sworn by Thomas Kallish on June 22, 2015, including the attachments; 

2. the Financial Statement of Corporate Defendant Tommie Copper, Inc. 

signed and sworn by Sol Jacobs, Chief Executive Officer, on June 23, 2015, including the 

attachments; and 

3. the additional documentation submitted by electronic mail from 

Defendants’ counsel Steven Steinborn, Veronica Colas, and/or Corey Roush to Commission 

counsel Carolyn Hann and Tawana Davis, dated July 17, 2015; July 21, 2015; July 23, 2015; 

September 8, 2015; September 11, 2015; September 17, 2015; September 24, 2015; and 

September 25, 2015; including all attachments thereto. 

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, 

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 

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

from the date of entry of this Order. 

VI. 

ADDITIONAL MONETARY PROVISIONS 

 IT IS FURTHER ORDERED that: 

A. 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. 

B. 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 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. 

C. 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. 

D. Defendants acknowledge that their Taxpayer Identification Numbers (Social 

Security Numbers or Employer Identification Numbers), which Defendants must submit 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. 

E. 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 

consumer redress and any attendant expenses for the administration of any 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 

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remaining money for such other equitable relief (including 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. 

VII.

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 failing to provide sufficient customer information to enable the Commission to 

efficiently administer consumer redress. Defendants represent that they have provided this 

redress information to the Commission. 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. 

VIII. 

ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of 

this Order: 

A. Each Defendant, within seven 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 ten years after entry of this Order, the Individual Defendant for any business 

that such Defendant, individually or collectively with the Corporate Defendant, is the majority 

owner or controls directly or indirectly, and the Corporate Defendant must deliver a copy of this 

Order to: (1) all principals, officers, directors, and LLC managers and members; (2) all 

employees, agents, and representatives who participate in conduct related to the subject matter of 

the Order; 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 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.

IX. 

COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

A. One year 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 

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 products and services 

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offered, the means of advertising, marketing, and sales, and the involvement, if any, of the other 

Defendant (which the 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, the 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 such Defendant performs 

services whether as an employee or otherwise and any entity in 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 20 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; or (b) the structure of the 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 Order, including: the 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, the Individual Defendant must report any change in: (a) 

name, including aliases or fictitious name, 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, 

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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 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 NW, 

Washington, D.C. 20580. The subject line must begin: FTC v. Tommie Copper, Inc., et al., 

(S.D.N.Y). 

X.

RECORD KEEPING PROVISIONS

IT IS FURTHER ORDERED that Defendants must create certain records for 20 years 

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

Defendant and the Individual Defendant for any business that the Individual Defendant, 

individually or collectively with the Corporate Defendant, is a majority owner or controls 

directly or indirectly, must create and retain the following records: 

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A. Accounting records showing the revenues from all products or services sold, all 

costs incurred in generating those revenues, and the resulting net profit or loss; 

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. Complaints and refund requests, whether received directly or indirectly, such as 

through a third patty, and any response; 

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

Order, including all submissions to the Commission; and 

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

since the date of entry of this Order. 

XI. 

COMPLIANCE MONITORING 

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

compliance with 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 also is 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 conceming this Order, the Commission is authorized to communicate 

through counsel of record or other counsel designated by a Defendant or, if Defendant is 

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unrepresented by counsel with regard to this Order, directly with that 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 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-l. 

XII. 

RETENTION OF JURISDICTION 

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

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

SO ORDERED: 

DATED _____ _ 

UNITED STATES DISTRICT JUDGE 

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SO STIPULATED A..~D AGREED: 

Cdk-:s---

CAROLYN L. HAr"\fN 

TAW ANA E. DA VJS 

Fed raJ Trade CommissiOn 

600 Pcnnsylvama A venue, NW 

Mail Drop CC-10528 

Washington, D.C. 20580 

Tel.· 202-326-2745, -2755 

Fax: 202-326-3259 

Email: chann@ftc.gov; tdavis@tlc.gov 

Counsel for Plaintiff 

FEDERAL TRADE COMMISSION 

fOMMIE COPPER, INC. 

By. 

SOL JACOBS, as Ch1efExccutive Officer of 

TOM.'vfiE COPPER, 1:-TC. 

STEVEN B. STE.Di'BOR1'i 

VERONICA COLAS 

Hogan Lovells US LLP 

Columbia Square 

555 Thirteenth Street, NW 

Washington, District of Columbia 20004 

Tel.: 202-637-5969 

Fax: 202-637-5910 

Email: steven.steinborn@hoganlovells.com; 

veronica.colas@hoganlovells.com 

Counsel for Defendants Tommie Copper, Inc. 

and Thomas Kallish 

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~ w;;;:~ COREY W. ROUSH 

Akin Gump Strauss Hauer & Feld LLP 

RobertS. Strauss Building 

1333 New Hampshire Avenue, N.W. 

Washington, DC 20036-1564 

Tel.: 202-887-4115 

Fax: 202-887-4288 

Email: croush@akingump.com 

Counsel for Defendants Tommie Copper, Inc. 

and Thomas Kallish 

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