STATES DISTRICT COURT 

FOR THE DISTRICT OF MASSACHUSETTS 

BOSTON DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

V. 

EXCELLENT MARKETING RESULTS, INC., a 

corporation, and 

MICHAEL MCGAHEE, individually and as an 

officer of EXCELLENT MARKETING 

RESULTS, INC., 

Defendants. 

Case No. -----

STIPULATED ORDER FOR 

PERMANENT INJUNCTION AND 

MONETARY JUDGMENT 

Plaintiff, the Federal Trade Commission ("Commission" or "FTC"), 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 FTC and Defendants stipulate to the 

entry of this Stipulated Order for Permanent Injunction and Monetary Judgment ("Order'') to 

resolve all matters in dispute in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

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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 and 12 of the FTC Act, 15 U.S.C. §§ 45 and 52, in the marketing and sale of 

StimTein. 

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 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: 

A. "Clearly and conspicuously" 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: 

1. 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, 

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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. 

2. 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. 

3. An audible disclosure, including by telephone or streaming video, must be 

delivered in a volume, speed, and cadence sufficient for ordinary consumers to easily hear and 

understand it. 

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

Internet or software, the disclosure must be unavoidable. 

5. On a product label, the disclosure must be presented on the principal display 

panel. 

6. 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. 

7. The disclosure must comply with these requirements in each medium through 

which it is received, including all electronic devices and face-to-face communications. 

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

anything else in the communication. 

9. 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. 

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"Corporate Defendant" means Excellent Marketing Results, Inc., and its successors and 

assigns. 

C. "Covered Product'' means any Dietary Supplement, Food, or Drug, including but not 

limited to StimTein. 

D. "Defendants" means the Individual Defendant and Corporate Defendant, individually, 

collectively, or in any combination. 

E. "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 

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

the diet. 

F. "Drug" means: (I) articles recognized in the official United States Pharmacopoeia, 

official Homeopathic 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. 

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"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. 

H. "Food" means: (a) any article used for food or drink for humans or other animals; (b) 

chewing gum; and ( c) any article used for components of any such article. 

I. "Individual Defendant" means Michael McGahee. 

J. "StimTein" means the orally administered product marketed by Defendants. 

ORDER 

I. 

PROHIBITED REPRESENTATIONS: REGARDING HEALTH-RELATED CLAIMS 

REQUIRING HUMAN CLINICAL TESTING FOR SUBSTANTIATION 

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 o

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 product: 

A. Grows bone, including in persons with osteoporosis and osteopenia; 

f 

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Grows cartilage; 

C. Provides rapid, substantial, or long-lasting relief from joint pain, including chronic or 

severe pain caused by arthritis, bursitis, and stenosis; or 

D. Cures, mitigates, or treats 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 must 

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 placebo-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. 

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7 

TI. 

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

or illustration, any representation, other than representations covered under the Section of depiction, 

this Order entitled Prohibited Representations: Regarding Health-Related Claims Requiring Human 

efficacy, safety, or side Clinical Testing For Substantiation, about the health benefits, performance, 

effects of any Covered Product, 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 

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

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

true. 

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

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

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 

Case 4:20-cv-10249-TSH Document 6-1 Filed 02/11/20 Page 7 of 24 
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. 

m. 

PROHIBITED MISREPRESENT A TIO NS 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 product, 

are permanently restrained and enjoined from misrepresenting, in any manner, or assisting others in 

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

endorsement, depiction, or illustration: 

A. That any Covered Product is clinically or scientifically proven to: 

1. Grow bone, including in persons with osteoporosis and osteopenia; 

2. Grow cartilage; 

3. Provide rapid, substantial, or long-lasting relief from joint pain, including 

chronic or severe pain caused by arthritis, bursitis, and stenosis; or 

B. That the performance or benefits of any product are scientifically or clinically proven 

or otherwise established; or 

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The existence, contents, validity, results, conclusions, or interpretations of any test, 

study, or other research. 

IV. 

PROIDBITED MISREPRESENTATIONS 

REGARDING ENDORSEMENTS 

IT IS FURTHER ORDERED that Defendants, their 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, 

expressly or by implication, that a person providing an endorsement is describing their opinions, 

findings, beliefs, or experience with the product being promoted, including that the opinions, 

findings, beliefs, or experiences are those of ordinary impartial users. 

v. 

DISCLOSURE OF MATERIAL CONNECTIONS 

IT IS FURTHER ORDERED that Defendants, their officers, agents, and 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 making any representation., 

expressly or by implication, about any consumer or other endorser of such good or service 

without disclosing Clearly and Conspicuously any unexpected material connection between such 

endorser and 1) Defendant Excellent Marketing Results, Inc., 2) Defendant McGahee, or 3) any 

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individual or entity affiliated with the good or service. For the purposes of this provision, 

"unexpected material connection" means any relationship that might materially affect the weight 

or credibility of the testimonial or endorsement and that would not reasonably be expected by 

consumers. 

VI. 

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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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: 

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 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. 

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12 

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 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 

supplier or manufacturer of issue to any of the foregoing or to the product's manufacturer; or ( 6) the 

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, 

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

must be documented in writing and must contain administrative, technical, and physical safeguards 

appropriate to Corporate Defendant's size and complexity, the nature and scope of the Defendants' 

activities, and the sensitivity of the personal information collected from or about the participants. 

vm. 

MONETARY JUDGMENT 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of Three Million Six Hundred Forty Seven Thousand Two 

Hundred Eighty Six Dollars ($3,647,286.00) is entered in favor of the Commission against the 

Defendants, jointly and severally, as equitable monetary relief. 

Case 4:20-cv-10249-TSH Document 6-1 Filed 02/11/20 Page 12 of 24 
B. Defendants Thousand are ordered to pay to the Commission One Hundred Forty-Five 

Dollars ($145,000.00), which Defendants shall hold in an interest-bearing escrow account for no 

other than payment to the Commission. Such payment must be made within 7 days of purpose 

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 is to the suspension of part of the judgment 

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

financial statements and related documents (collectively, "financial representations") submitted 

to the Commission, namely: 

Financial Statement of Individual Defendant McGahee signed on May 14, 1. the 

2019, including the attachments; 

2. the Financial Statement of Corporate Defendant Excellent Marketing Results, 

Inc., signed by Michael McGahee, President, on May 14, 2019, including the 

attachments; 

3. the additional employment and financial information submitted by email from 

Defendant McGahee to Commission counsel Mary Johnson dated August l 0, 

2019; 

the additional financial statements submitted by email and secure file transfer 4. 

from Defendant McGahee to Commission counsel Mary Johnson dated August 

21,2019;and 

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the additional :financial information submitted by email from Defendant McGahee 

to Commission counsel Mary Johnson dated October 8, 2019. 

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 

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

from the date of entry of this Order. 

IX. 

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. 

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an C. The facts alleged in the Complaint establish ail elements necessary to sustain 

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 Employer Identification Numbers), which Defendants previously submitted to the or 

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 

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

consumer redress and any attendant expenses for the administration of any redress fund. If a 

partially representative of the Commission decides that direct redress to consumers is wholly or 

impracticable or money remains after redress is completed, the Commission may apply any 

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 

used for such equitable relief is to be deposited to the U.S. Treasury as disgorgement. Defendants not 

have no right to challenge any actions the Commission or its representatives may take pursuant to 

this Subsection. 

X. 

CUSTOMER INFORMATION 

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

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

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

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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 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 a credit card, bank account, or other 

financial account), that any Defendant obtained prior to entry of this Order in connection with the 

sale of any StimTein product; and 

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 disposed of, and may be disclosed, 

to the extent requested by a government agency or required by law, regulation, or court order. 

XI. 

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. Defendants must cause their officers, employees, 

representatives, or agents to appear for interviews, discovery, hearings, trials, and any other 

proceedings trat a Commission representative may reasonably request upon 5 days written notice, or 

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reasonable notice, at such places and times as a Commission representative may designate, 

without the service of a subpoena. 

XII. 

NOTICE TO CUSTOMERS 

IT IS FURTHER ORDERED that, within 30 days of the entry of this Order: 

A. Corporate Defendant shall send by first-class mail an exact copy of the notice 

attached as Attachment A, showing the date of the mailing, to any consumer who, as of the date of 

entry of this Order, purchased StimTein on or after January 1, 2016. 

B. Corporate Defendant's name and return address, for any mailing, must appear on the 

front of the envelope, and the customer's name and address must be printed on the front of the 

envelope or be visible through a window in the envelope. The notice required by this Section shall 

not include any other document or enclosures. 

XIII. 

ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments ofreceipt 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. 

B. For 3 years after entry of this Order, 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 having 

managerial responsibilities for the conduct related to the subject matter of the Order and all agents 

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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 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. 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 goods and services offered, the means of 

advertising, marketing, and sales, and the involvement of any other Defendant (which Individual 

Defendant must describe ifhe 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. 

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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 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 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; 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 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 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, 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 

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Case 4:20-cv-10249-TSH Document 6-1 Filed 02/11/20 Page 19 of 24 
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 

the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by overnight to 

courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of Consumer 

Protection, Federal Trade Commission, 609 Pennsylvania Avenue NW, Washington, DC 20580. The 

subject line must begin: FTC v. Excellent Marketing Results, Inc., et al. File No. ___ _ 

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, Corporate Defendant and 

Individual Defendant for any business that such Defendant, individually or collectively with the other 

Defendant, owns a majority of or controls directly or indirectly, must create and retain the following 

records: 

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

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

C. 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; 

D. Records of all consumer complaints and refund requests, whether received directly or 

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

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All of records necessary to demonstrate full compliance with each provisio:t;1 this E. 

Order, including all submissions to the Commission. 

XVI. 

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 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 to this Order, the Commission is authorized 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 individuals or entities, to Defendants or any 

individual or entity affiliated with Defendants, without the necessity of identification or prior notice. 

limits the Commission's lawful use of compulsory process, pursuant to Nothing in this Order 

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

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Case 4:20-cv-10249-TSH Document 6-1 Filed 02/11/20 Page 21 of 24 
 

 

 

 

 

_____________________________________ 

Case 4:20-cv-10249-TSH Document 6-1 Filed 02/11/20 Page 22 of 24 

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 retains jurisdiction of this matter for purposes 

of construction, modification, and enforcement of this Order. 

SO ORDERED this day of ___________, 20__. 

UNITED STATES DISTRICT JUDGE 

SO STIPULATED AND AGREED: 

FOR PLAINTIFF FEDERAL TRADE COMMISSION: 

ALDEN F. ABBOTT 

General Counsel 

/s/ Mary L. Johnson__________ Date: February 10, 2020 

Mary Johnson, DC Bar No. 455345 

Mamie Kresses, DC Bar No. 413467 

Federal Trade Commission 

600 Pennsylvania Avenue, N.W., CC-10528 

Washington, DC 20850 

202-326-3115, mjohnson1@ftc.gov 

202-326-2070, mkresses@ftc.gov 

202-326-3259 (facsimile) 

 22 
Date: 11 / 4 / I q 

Yasir 

tefiiatio 

I!il?i!le ,. Law 

sq. Partners ~ 

122 !Jo lywood Blvd 

Gliywood, FL 33020 

Phone:954-374-7722 

Fax:954-212-0170 

Email: ybilloo@ilp.law 

COUNSEL FOR EXCELLENT MARKETING RESULTS, INC. 

DEFENDANTS: , a ,;tJr,ut{/ Ji1/c£,t!;;C Date: /P - 3 I -I 'f 

MICHAEL McGAHEE, INDIVIDUALLY 

AND AS AN OFFICER OF EXCELLENT MARKETING RESULTS, INC. 

---~~~~~~:::::...__ 

d

23 

Case 4:20-cv-10249-TSH Document 6-1 Filed 02/11/20 Page 23 of 24 
A 

[On EMR letterhead] 

[ on envelope] 

IMPORT ANT NOTICE ABOUT STIMTEIN COURT SETTLEMENT 

[content ofletter, 16-point font] 

Dear [Recipient]: 

We're writing because you bought StimTein pills that we claimed had many health benefits. 

The Federal Trade Commission (FTC), the nation's consumer protection agency, sued us for 

deceptive advertising. 

As part of a court settlement, we have agreed to stop making claims that the product grows 

bone or cartilage; relieves joint pain, including pain from arthritis, bursitis, or stenosis; or treats any 

other disease or health condition. If you took StimTein for any of these conditions, please know 

that, according to the FTC, we don't have scientific evidence to support what we said in our ads. 

Learn more about the FTC's lawsuit at [URL]. 

Sincerely, 

[EMR signatory] 

Case 4:20-cv-10249-TSH Document 6-1 Filed 02/11/20 Page 24 of 24