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202 3122 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chair 

Noah Joshua Phillips 

Rohit Chopra 

Christine S. Wilson 

In the Matter of 

GENNEX MEDIA LLC, a limited liability 

company, also d/b/a Brandnex, BrandStrong, 

PMGOA, and Promotional Manufacturing 

Group of America; and 

AKIL KURJI, individually and as an officer of 

GENNEX MEDIA LLC. 

DECISION AND ORDER 

DOCKET NO. C-4741

DECISION 

The Federal Trade Commission (“Commission”) initiated an investigation of certain acts 

and practices of the Respondents named in the caption. The Commission’s Bureau of Consumer 

Protection (“BCP”) prepared and furnished to Respondents a draft Complaint. BCP proposed to 

present the draft Complaint to the Commission for its consideration. If issued by the 

Commission, the draft Complaint would charge the Respondents with violations of the Federal 

Trade Commission Act. 

Respondents and BCP thereafter executed an Agreement Containing Consent Order 

(“Consent Agreement”). The Consent Agreement includes: 1) statements by Respondents that 

they neither admit nor deny any of the allegations in the Complaint, except as specifically stated 

in this Decision and Order, and that only for purposes of this action, they admit the facts 

necessary to establish jurisdiction; and 2) waivers and other provisions as required by the 

Commission’s Rules. 

The Commission considered the matter and determined that it had reason to believe that 

Respondents have violated the Federal Trade Commission Act, and that a Complaint should 

issue stating its charges in that respect. The Commission accepted the executed Consent 

Agreement and placed it on the public record for a period of 30 days for the receipt and 

consideration of public comments. The Commission duly considered any comments received 

from interested persons pursuant to Section 2.34 of its Rules, 16 C.F.R. § 2.34. Now, in further 
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conformity with the procedure prescribed in Rule 2.34, the Commission issues its Complaint, 

makes the following Findings, and issues the following Order: 

Findings 

1. The Respondents are:

a. Respondent Gennex Media LLC (“Gennex”), also doing business as Brandnex,

BrandStrong, PMGOA, and Promotional Manufacturing Group of America, a

Texas limited liability company with its principal office or place of business at

4771 Sweetwater Blvd. #241, Sugar Land, TX 77479.

b. Respondent Akil Kurji, Corporate Respondent Gennex’s sole officer and

shareholder. Individually or in concert with others, he formulates, directs, or

controls Gennex’s policies, acts, or practices. His principal office or place of

business is the same as that of Gennex.

2. The Commission has jurisdiction over the subject matter of this proceeding and over the

Respondents, and the proceeding is in the public interest.

ORDER 

Definitions

For purposes of this Order, the following definitions apply: 

A. “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:

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, the disclosure must be presented simultaneously in both

the visual and audible portions of the communication even if the representation

requiring the disclosure (“triggering representation”) is made through 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.
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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 triggering representation 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.

B. “Made in the United States” means any representation, express or implied, that a

product or service, or a specified component thereof, is of U.S.-origin, including, but not

limited to, a representation that such product or service is “made,” “manufactured,”

“built,” “produced,” or “crafted” in the United States or in America, or any other U.S.-

origin claim.

C. “Respondents” means the Corporate Respondent and the Individual Respondent,

individually, collectively, or in any combination.

1. “Corporate Respondent” means Gennex Media LLC, a limited liability

company also doing business as Brandnex, BrandStrong, PMGOA, and

Promotional Manufacturing Group of America, and its successors and assigns.

2. “Individual Respondent” means Akil Kurji.

Provisions 

I. 

Prohibited Misrepresentations Regarding U.S.-Origin Claims 

IT IS ORDERED that Respondents, and Respondents’ 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 

customizable promotional product, or any other product or service, must not make any 
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representation, expressly or by implication, that a product or service is Made in the United States 

unless: 

A. The final assembly or processing of the product occurs in the United States, all

significant processing that goes into the product occurs in the United States, and all or

virtually all ingredients or components of the product are made and sourced in the United

States; or

B. A Clear and Conspicuous qualification appears immediately adjacent to the

representation that accurately conveys the extent to which the product contains foreign

parts, ingredients or components, and/or processing; or

C. For a claim that a product is assembled in the United States, the product is last

substantially transformed in the United States, the product’s principal assembly takes

place in the United States, and United States assembly operations are substantial.

II. 

Prohibited Misleading and Unsubstantiated Country-of-Origin Representations 

IT IS FURTHER ORDERED that Respondents, and Respondents’ 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 customizable promotional product, or any other product or service, must not make any 

representation, expressly or by implication, regarding the country of origin of any product or 

service unless the representation is non-misleading, including that, at the time such 

representation is made, Respondents possess and rely upon a reasonable basis for the 

representation.

III. 

Monetary Relief 

IT IS FURTHER ORDERED that: 

A. Respondents must pay to the Commission $146,249.24, which Respondents stipulate

their undersigned counsel holds in escrow for no purpose other than payment to the

Commission.

B. Such payment must be made within 8 days of the effective date of this Order by

electronic fund transfer in accordance with instructions provided by a representative of

the Commission.

IV. 

Additional Monetary Provisions 

IT IS FURTHER ORDERED that: 
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A. Respondents 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 to enforce its rights to any

payment 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

or on behalf of 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. 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 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 remaining money for such other relief (including consumer information

remedies) as it determines to be reasonably related to Respondents’ practices alleged in

the Complaint. Any money not used is to be deposited to the U.S. Treasury.

Respondents have no right to challenge any activities pursuant to this Provision.

E. In the event of default on any obligation to make payment under this Order, interest,

computed as if pursuant to 28 U.S.C. § 1961(a), shall accrue from the date of default to

the date of payment. In the event such default continues for 10 days beyond the date that

payment is due, the entire amount will immediately become due and payable.

F. Each day of nonpayment is a violation through continuing failure to obey or neglect to

obey a final order of the Commission and thus will be deemed a separate offense and

violation for which a civil penalty shall accrue.

G. Respondents acknowledge that their Taxpayer Identification Numbers (Social Security or

Employer Identification Numbers) may be used for collecting and reporting on any

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

V. 

Customer Information 

IT IS FURTHER ORDERED that Respondents must directly or indirectly 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, Respondents must provide it, in the form prescribed by the Commission representative, 

within 14 days. 
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VI. 

Acknowledgments of the Order 

IT IS FURTHER ORDERED that Respondents obtain acknowledgments of receipt of 

this Order: 

A. Each Respondent, within 10 days after the effective date of this Order, must submit to the

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

B. Individual Respondent, for any business that such Respondent, individually or

collectively with the Corporate Respondent, is the majority owner or controls directly or

indirectly, and Corporate Respondent, 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 conduct related to the subject matter of the Order and all

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 Provision titled Compliance Reports and Notices. Delivery must occur within 10

days after the effective date 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 Respondent delivered a copy of this Order, that

Respondent must obtain, within 30 days, a signed and dated acknowledgment of receipt

of this Order.

VII. 

Compliance Reports and Notices 

IT IS FURTHER ORDERED that Respondents make timely submissions to the 

Commission: 

A. One year after the issuance date of this Order, each Respondent must submit a

compliance report, sworn under penalty of perjury, in which:

1. Each Respondent 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 Respondent;

(b) identify all of that Respondent’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 Respondent

(which Individual Respondent must describe if he knows or should know due to

his own involvement); (d) describe in detail whether and how that Respondent is

in compliance with each Provision of this Order, including a discussion of all of

the changes the Respondent made to comply with the Order; and (e) provide a

copy of each Acknowledgment of the Order obtained pursuant to this Order,

unless previously submitted to the Commission.
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2. Additionally, Individual Respondent must: (a) identify all his telephone numbers

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

(b) identify all his business activities, including any business for which he

performs services, whether as an employee or otherwise, and any entity in which

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

Respondent’s involvement in each such business activity, including title, role,

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

B. Each Respondent must submit a compliance notice, sworn under penalty of perjury,

within 14 days of any change in the following:

1. Each Respondent must submit notice of any change in: (a) any designated point

of contact; or (b) the structure of the Corporate Respondent or any entity that

Respondent 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, the Individual Respondent must submit notice of any change in:

(a) name, including alias or fictitious name, or residence address; or (b) title or

role in any business activity, including (i) any business for which such

Respondent performs services, whether as an employee or otherwise and (ii) any

entity in which such Respondent has any ownership interest and over which

Respondent has direct or indirect control. For each such business activity, also

identify its name, physical address, and any Internet address.

C. Each Respondent must submit notice of the filing of any bankruptcy petition, insolvency

proceeding, or similar proceeding by or against such Respondent 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, DC 20580. The subject line must begin: In re Gennex Media LLC.
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VIII. 

Recordkeeping 

IT IS FURTHER ORDERED that Respondents must create certain records and retain 

each such record for 5 years, unless otherwise specified below. Specifically, Corporate 

Respondent and Individual Respondent for any business that such Respondent, individually or 

collectively with the other Respondent, 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, the costs

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

B. Personnel records showing, for each person providing services in relation to any aspect of

the Order, 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 Order,

including all submissions to the Commission;

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

subject to this Order; and

F. For 5 years from the date of the last dissemination of any representation covered by this

Order, all materials that were relied upon in making the representation.

IX. 

Compliance Monitoring 

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

compliance with this Order: 

A. Within 10 days of receipt of a written request from a representative of the Commission,

each Respondent must: submit additional compliance reports or other requested

information, which must be sworn under penalty of perjury, and produce records for

inspection and copying.

B. For matters concerning this Order, representatives of the Commission are authorized to

communicate directly with each Respondent. Respondents must permit representatives

of the Commission to interview anyone affiliated with any Respondent who has agreed to

such an interview. The interviewee may have counsel present.

C. The Commission may use all other lawful means, including posing through its
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representatives as consumers, suppliers, or other individuals or entities, to Respondents or 

any individual or entity affiliated with Respondents, 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 Respondent, pursuant to

Section 604(2) of the Fair Credit Reporting Act, 15 U.S.C. § 1681b(a)(2).

X. 

Order Effective Dates 

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 

publication on the Commission’s website (ftc.gov) as a final order. This Order will terminate 

on April 9, 2041, or 20 years from the most recent date that the United States or the 

Commission files a complaint (with or without an accompanying settlement) in federal court 

alleging any violation of this Order, whichever comes later; provided, however, that the filing of 

such a complaint will not affect the duration of: 

A. Any Provision in this Order that terminates in less than 20 years;

B. This Order’s application to any Respondent that is not named as a defendant in such

complaint; and

C. This Order if such complaint is filed after the Order has terminated pursuant to this

Provision.

Provided, further, that if such complaint is dismissed or a federal court rules that the 

Respondent did not violate any provision of the Order, and the dismissal or ruling is either not 

appealed or upheld on appeal, then the Order will terminate according to this Provision as though 

the complaint had never been filed, except that the Order will not terminate between the date 

such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the 

date such dismissal or ruling is upheld on appeal. 

By the Commission. 

April J. Tabor

Secretary

SEAL: 

ISSUED: April 9, 2021