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JS-6 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

No. ED CV 18-2104-DMG (PLAx) Federal Trade Commission, 

FINAL JUDGMENT INCLUDING 

PERMANENT INJUNCTION AS 

v. 

Plaintiff, 

TO DEFENDANTS JASON 

CARDIFF AND EUNJUNG 

Jason Cardiff, et al., CARDIFF 

Defendants. 

On October 3, 2018, Plaintiff, the Federal Trade Commission (“FTC” or the 

“Commission”), filed its Complaint for Permanent Injunction and Other Equitable 

Relief pursuant to Section 13(b) of the Federal Trade Commission Act (“FTC 

Act”), 15 U.S.C. § 53(b), the Restore Online Shoppers’ Confidence Act 

(“ROSCA”), 15 U.S.C. §§ 8401-8405, and the Electronic Fund Transfer Act 

(“EFTA”), 15 U.S.C. §§ 1693-1693r, and Section 6 of the Telemarketing and 

Consumer Fraud and Abuse Prevention Act (the “Telemarketing Act”), 15 U.S.C. 

§ 6105, and moved, pursuant to Fed. R. Civ. P. 65(b), for a temporary restraining 

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order, asset freeze, other equitable relief, and an order to show cause why a 

preliminary injunction should not issue against Defendants Jason Cardiff, Eunjung 

Cardiff, a/k/a Eunjung Lee, a/k/a Eunjung No, Danielle Cadiz, a/k/a Danielle 

Walker, Redwood Scientific Technologies, Inc. (California), Redwood Scientific 

Technologies, Inc. (Nevada), Redwood Scientific Technologies, Inc. (Delaware), 

Identify, LLC, Advanced Men’s Institute Prolongz LLC, Run Away Products, 

LLC, and Carols Place Limited Partnership. [Doc. # 1.] 

This Court entered a temporary restraining order (“TRO”) on October 10, 

2018. [Doc. # 29.] On October 24, 2018, the Court extended the TRO as to 

Defendants Jason Cardiff and Eunjung Cardiff (“the Cardiffs”). [Doc. # 48.] On 

November 8, 2018, the Court entered a Preliminary Injunction as to Defendants 

Jason Cardiff and Eunjung Cardiff. [Doc. # 59.] 

On August 6, 2020, the Commission moved for summary judgment as to 

Defendants Jason Cardiff and Eunjung Cardiff on all counts of the Complaint. 

[Doc. # 423.] On October 9, 2020, the Court granted summary judgment against 

the Cardiffs on all sixteen counts in the Commission’s Complaint. [Doc. # 511.] 

The Commission filed a proposed Final Judgment on September 3, 2021. [Doc. # 

651.] 

FINDINGS OF FACT AND CONCLUSIONS OF LAW: 

1. This Court has jurisdiction over this matter and over the Cardiffs and 

venue in this district is proper under 15 U.S.C. § 53(b) and 28 U.S.C. 

§§ 1391(b)(1), (b)(2), (c)(1), (c)(2), and (d). 

2. At all relevant times, the Cardiffs’ activities as alleged in the 

Commission’s Complaint were in or affecting commerce, as defined in Section 4 

of the FTC Act, 15 U.S.C. § 44. 

3. The Complaint charged that Defendants, including Jason Cardiff and 

Eunjung Cardiff, participated in deceptive and unfair acts or practices in violation 

of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52, Section 4 of 

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ROSCA, 15 U.S.C. § 8403, Section 907(a) of EFTA, 15 U.S.C. § 1693e(a), 

Section 1005.10(b) of EFTA’s implementing Regulation E, 12 C.F.R. § 

1005.10(b), and Section 310.4(b)(1)(v) of the FTC’s Telemarketing Sales Rule 

(“TSR”), 16 C.F.R. § 310.4(b)(1)(v), in the marketing of Defendants’ oral film 

strips and the Rengalife multilevel marketing program. The Complaint sought 

both permanent injunctive relief and equitable monetary relief for the challenged 

acts or practices. 

4. The Complaint stated a claim upon which relief can be granted against 

the Cardiffs. 

5. The Cardiffs violated Sections 5(a) and 12 of the Federal Trade 

Commission Act, 15 U.S.C. §§ 45(a) and 52, by making: 

a. False or unsubstantiated efficacy clams and false proof claims 

for their oral film strips TBX-FREE, Eupepsia Thin, and 

Prolongz; 

b. False money-back guarantee claims for those oral film strips; 

c. False claims that Eupepsia Thin oral film strips were made in 

the United States, and that testimonialists appearing in 

advertising for Eupepsia Thin had used the product to lose 

weight; and 

d. False claims that consumers would not be enrolled in an 

autoship program and that their credit or debit card would be 

charged only for a one-time purchase of oral film strips. 

6. The Cardiffs violated Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), 

by: 

a. Failing to disclose, or disclose adequately, that consumers who 

provided their billing information for a product order would be 

enrolled automatically in a continuity plan for future 

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autoshipments of oral film strips that would be charged to their 

credit or debit cards; and 

b. Making false and unsubstantiated claims that people who 

became Rengalife members were likely to earn substantial 

income. 

7. The Cardiffs violated Sections 5(a) and 5(n) of the FTC Act, 15 

U.S.C. §§ 45(a), 45(n), by causing charges to be submitted for payment to 

consumers’ credit and debit cards without the express informed consent of those 

consumers. 

8. The Cardiffs violated Section 4 of ROSCA, 15 U.S.C. § 8403, by 

charging consumers for TBX-FREE oral film strips sold over the Internet through 

a negative option feature as defined in the TSR, 16 C.F.R. §3102(w) without: (a) 

clearly and conspicuously disclosing all material terms of the transaction before 

obtaining the consumer’s billing information; (b) obtaining the consumer’s express 

informed consent before making the charge; and (c) providing a simple mechanism 

to stop recurring charges. 

9. The Cardiffs violated Section 907(a) of EFTA, 15 U.S.C. § 1693e(a), 

and Section 1005.10(b) of Regulation E, 12 C.F.R. § 1005.10(b), by debiting 

consumers’ bank accounts without first obtaining written authorizations signed or 

similarly authorized by those consumers for preauthorized electronic fund transfers 

from their accounts, or providing those consumers a copy of a written authorization 

signed or similarly authenticated by them. 

10. The Cardiffs violated the TSR by initiating or causing the initiation of 

outbound telephone calls that delivered prerecorded messages intended to induce 

the purchase of oral film strips. 

11. The Cardiffs operated the Corporate Defendants as a common 

enterprise, and the Corporate Defendants were “all involved in the sale of the 

Products [with] money, products, and employees flow[ing] freely between them.” 

Summary Judgment Order at 20-21 [Doc. # 511]. The Cardiffs were the 

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“beneficiaries and masterminds” of the common enterprise, and “had knowledge of 

the misrepresentations in advertising or were recklessly indifferent to the falsity of 

the misrepresentations.” Id. 

12. At all times material to the Complaint, both Jason Cardiff and 

Eunjung Cardiff formulated, directed, controlled, had the authority to control, or 

participated in the acts and practices set forth in Findings 5 to 11, above, and both 

of them are therefore liable for injunctive relief. 

13. At all times material to the Complaint, both Jason Cardiff and 

Eunjung Cardiff knew of or were recklessly indifferent to the acts and practices set 

forth in Findings 5 to 11, above. 

14. The danger of future violations by Jason Cardiff and Eunjung Cardiff 

justifies the issuance of permanent injunctive relief, including banning them from 

engaging in certain activities. 

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

to issue injunctive relief for the Defendants’ law violations. Section 19 of the FTC 

Act, § 57b, empowers the Court to grant such relief as it finds necessary to redress 

injury to consumers from the Defendants’ violations of ROSCA and the TSR, 

including rescission or reformation of contracts and refund of money. 

16. This action and the relief awarded herein are in addition to, and not in 

lieu of, other remedies as may be provided by law, including both civil and 

criminal remedies. 

17. Pursuant to Federal Rule of Civil Procedure 65(d), the provisions of 

this Order are binding upon Jason Cardiff and Eunjung Cardiff, their successors 

and assigns, and their officers, agents, employees and attorneys, and upon those 

persons or entities in active concert or participation with them who receive actual 

notice of this Order by personal service or otherwise. 

18. Entry of this Order is in the public interest, and there being no just 

reason for delay, the Clerk is directed to enter judgment in favor of Plaintiff 

Federal Trade Commission immediately. 

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THEREFORE, IT IS ORDERED as follows: 

DEFINITIONS 

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

A. “Acquirer” or “Acquiring Bank” means a business organization, 

Financial Institution, or an agent of a business organization or Financial Institution 

that has authority from an organization that operates or licenses a credit card 

system (e.g., Visa, MasterCard, American Express or Discover) to authorize 

Merchants to accept, transmit, or process payment by credit card through the credit 

card system for money, products, or anything else of value. 

B. “Billing Information” means any data that enables any person to 

access a consumer’s account, such as a credit card, debit card, checking, savings, 

share or similar account, utility bill, or mortgage loan account. 

C. “Business Venture” means any written or oral business arrangement, 

however denominated, whether or not covered by 16 C.F.R. Part 437, that consists 

of the payment of any consideration for the right or means to offer, sell, or 

distribute Goods or Services. The definition of Business Venture includes 

multilevel marketing programs. 

D. “Charge(s),” “Charged,” or “Charging” means any attempt to 

collect money or other consideration from a consumer, including, but not limited 

to, causing Billing Information to be submitted for payment, including against the 

consumer’s credit card, debit card, bank account, telephone bill, or other account. 

E. “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 

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advertisement, the disclosure must be presented simultaneously in 

both the visual and audible portions of the communication even if 

the representation requiring the disclosure is made in only one 

means. 

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. 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. 

6. The disclosure must comply with these requirements in each 

medium through which it is received, including all electronic 

devices and face-to-face communications. 

7. The disclosure must not be contradicted or mitigated by, or 

inconsistent with, anything else in the communication. 

8. 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. 

F. “Covered Product” means any Dietary Supplement, Food, Drug, or 

Device. 

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G. “Credit Card Laundering” means: (a) presenting or depositing into, 

or causing or allowing another to present or deposit into, the credit card system for 

payment, a Credit Card Sales Draft generated by a transaction that is not the result 

of a credit card transaction between the cardholder and the Merchant; (b) 

employing, soliciting, or otherwise causing or allowing a Merchant, or an 

employee, representative, or agent of a Merchant, to present to or deposit into the 

credit card system for payment, a Credit Card Sales Draft generated by a 

transaction that is not the result of a credit card transaction between the cardholder 

and the Merchant; or (c) obtaining access to the credit card system through the use 

of a business relationship or an affiliation with a Merchant, when such access is not 

authorized by the Merchant Account agreement or the applicable credit card 

system. 

H. “Credit Card Sales Draft” means any record or evidence of a credit 

card transaction. 

I. “Corporate Defendant(s)” means Redwood Scientific Technologies, 

Inc. (CA); Redwood Scientific Technologies, Inc. (NV); Redwood Scientific 

Technologies, Inc. (DE); Identify, LLC; Advanced Men’s Institute Prolongz LLC; 

Run Away Product, LLC; and Carols Place Limited Partnership, individually, 

collectively, or in any combination. 

J. “Defendant(s)” means all of the named Defendants, individually, 

collectively, or in any combination. 

K. “Device” means an instrument, apparatus, implement, machine, 

contrivance, implant, in vitro reagent, or other similar or related article, including 

any component, part, or accessory, which is (1) recognized in the official National 

Formulary, or the United States Pharmacopeia, or any supplement to them; (2) 

intended for use in the diagnosis of disease or other conditions, or in the cure, 

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

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

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animals; and which does not achieve any of its principal intended purposes through 

chemical action within or on the body of humans or other animals and which is not 

dependent upon being metabolized for the achievement of any of its principal 

intended purposes. 

L. “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. 

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

Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or 

official National Formulary, or any supplement to any of them; (2) articles 

intended for use in the diagnosis, cure, mitigation, treatment, or prevention of 

disease in humans or other animals; (3) articles (other than food) intended to affect 

the structure or any function of the body of humans or other animals; and (4) 

articles intended for use as a component of any article specified in (1), (2), or (3); 

but does not include devices or their components, parts, or accessories. 

N. “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 

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

ingredients in the Essentially Equivalent Product. 

O. “Financial Institution” means any institution the business of which is 

engaging in financial activities as described in section 4(k) of the Bank Holding 

Company Act of 1956 (12 U.S.C. § 1843(k)). An institution that is significantly 

engaged in financial activities is a Financial Institution. 

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

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

such article. 

Q. “Good(s) or Service(s)” includes merchandise, products, plans, or 

programs. 

R. “Investment Opportunity” means anything, tangible or intangible, 

that is offered, offered for sale, sold, or traded based wholly or in part on 

representations, either express or implied, about past, present, or future income, 

profit, or appreciation. 

S. “Made in the United States” means any representation, express or 

implied, that a product, or a specified component thereof, is of U.S.-origin, 

including a representation that such product is “made,” “manufactured,” “built,” or 

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

T. “Merchant” means (a) any person or entity engaged in the sale or 

marketing of any goods or services, or soliciting a charitable contribution, or (b) 

any person or entity who applies for or obtains Payment Processing services. 

U. “Merchant Account” means any account with an Acquiring Bank or 

other Financial Institution, service provider, payment processor, independent sales 

organization, or other entity that enables an individual, a business, or other 

organization to accept payments of any kind. 

V. “Negative Option Feature” means, in an offer or agreement to sell or 

provide any Good or Service, a provision under which the consumer’s silence or 

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failure to take affirmative action to reject a Good or Service, or to cancel the 

agreement, is interpreted by the seller or provider as acceptance or continuing 

acceptance of the offer. 

W. “Payment Processing” means providing a person or entity, directly or 

indirectly, with the means used to charge or debit accounts through the use of any 

payment method or mechanism, including, but not limited to, remotely created 

payment orders, remotely created checks, ACH debits, or debit, credit, prepaid, or 

stored value cards. Whether accomplished through the use of software or 

otherwise, Payment Processing includes, among other things: (a) reviewing and 

approving Merchant applications for payment processing services; (b) providing 

the means to transmit sales transactions data from Merchants to Acquiring Banks 

or other Financial Institutions; (c) clearing, settling, or distributing proceeds of 

sales transactions from Acquiring Banks or Financial Institutions to Merchants; or 

(d) processing chargebacks or returned remotely created payment orders, remotely 

created checks, or ACH checks. 

X. “Person” means a natural person, organization, or other legal entity, 

including a corporation, partnership, proprietorship, association, cooperative, or 

any other group or combination acting as an entity. 

Y. “Preauthorized Electronic Fund Transfer” means an electronic 

fund transfer authorized in advance to recur at substantially regular intervals. 

Z. “Receiver” means Robb Evans & Associates, LLC. 

ORDER 

I. BAN ON NEGATIVE OPTION SALES 

IT IS ORDERED that Jason Cardiff and Eunjung Cardiff, whether acting 

directly or through an intermediary, including by consulting, planning, 

participating, facilitating, or advising, are permanently restrained and enjoined 

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from the advertising, marketing, promotion, offering for sale, or sale of any Good 

or Service with a Negative Option Feature. 

II. BAN ON ROBOCALLS AND RINGLESS VOICEMAILS 

IT IS FURTHER ORDERED that Jason Cardiff and Eunjung Cardiff, 

whether acting directly or through an intermediary, including by consulting, 

planning, participating, facilitating, or advising, are permanently restrained and 

enjoined from initiating telephone calls delivering prerecorded messages, including 

ringless voicemails. 

III. BAN ON MULTILEVEL MARKETING 

IT IS FURTHER ORDERED that Jason Cardiff and Eunjung Cardiff, 

whether acting directly or through an intermediary, including by consulting, 

planning, facilitating, or advising, are permanently restrained and enjoined from 

engaging or participating in any multilevel marketing program. 

IV. BAN ON THE ADVERTISING, MARKETING, PROMOTION, 

OFFERING FOR SALE, OR SALE OF DISSOLVABLE ORAL FILM 

STRIPS TO END-USER CONSUMERS 

IT IS FURTHER ORDERED that Jason Cardiff and Eunjung Cardiff, 

whether acting directly or through an intermediary, including by consulting, 

planning, participating, facilitating, or advising, are permanently restrained and 

enjoined from the advertising, marketing, promotion, offering for sale, or sale of 

any dissolvable oral film strip to end-user consumers. 

V. PROHIBITED REPRESENTATIONS: HEALTH-RELATED 

CLAIMS REQUIRING HUMAN CLINICAL TESTING FOR 

SUBSTANTIATION 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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, 

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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. Helps users quit smoking, including any specific representation about 

success rates or the ease or speed of quitting; 

B. Causes or assists in causing weight loss, including any specific 

representation about the amount of weight loss; 

C. Suppresses or helps suppress appetite; 

D. Causes or assists in causing weight loss without dieting or any change 

in food or lifestyle; 

E. Helps users avoid gaining back any weight they lost; 

F. Increases ejaculation control or the duration of sex; 

G. Treats or prevents premature ejaculation; 

H. Cures, mitigates, or treats any disease; or 

I. Is comparable or superior to other treatments for quitting smoking, 

weight loss, or sexual performance, or in curing, mitigating, or 

treating any disease, 

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

representation, Jason Cardiff or Eunjung Cardiff 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 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 

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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. 

VI. PROHIBITED REPRESENTATIONS: OTHER HEALTH-RELATED 

CLAIMS 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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 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, other than 

representations covered under the Section of this Order entitled Prohibited 

Representations: Health-Related Claims Requiring Human Clinical Testing For 

Substantiation, about the health benefits, performance, efficacy, safety, or side 

effects of the product, unless the representation is non-misleading, and, at the time 

of making such representation, Jason Cardiff or Eunjung Cardiff possess and rely 

upon competent and reliable scientific evidence that is sufficient in quality and 

quantity based on standards generally accepted by experts in the relevant disease, 

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

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

the representation is true. 

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For purposes of this Section, competent and reliable scientific evidence 

means tests, analyses, research, or studies (1) that have been conducted and 

evaluated in an objective manner by experts in the relevant disease, condition, or 

function to which the representation relates; (2) that are generally accepted by such 

experts to yield accurate and reliable results; and (3) that are randomized, doubleblind, and placebo-controlled human clinical testing of the Covered Product, or of 

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

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

when such tests or studies are human clinical tests or studies, all underlying or 

supporting data and documents generally accepted by experts in the field as 

relevant to an assessment of such testing as set forth in the Section entitled 

Preservation of Records Relating to Competent and Reliable Human Clinical Tests 

or Studies must be available for inspection and production to the Commission. 

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

the definition of Essentially Equivalent Product. 

VII. 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 Jason Cardiff or Eunjung Cardiff rely to substantiate 

any claim covered by this Order, they 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; 

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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. 

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) Jason Cardiff or Eunjung Cardiff; (2) their officers, agents, 

representatives, or employees; (3) any other person or entity in active concert or 

participation with Jason Cardiff or Eunjung Cardiff; (4) any person or entity 

affiliated with or acting on behalf of Jason Cardiff or Eunjung Cardiff; (5) any 

supplier of any ingredient contained in the product at issue to any of the foregoing 

or to the product’s manufacturer; or (6) the supplier or manufacturer of such 

product. 

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

test has been published in a peer-reviewed journal, and such published report 

provides sufficient information about the test for experts in the relevant field to 

assess the reliability of the results. 

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

on behalf of, Jason Cardiff or Eunjung Cardiff, they must establish and maintain 

reasonable procedures to protect the confidentiality, security, and integrity of any 

personal information collected from or about participants. These procedures must 

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

safeguards appropriate to the size and complexity of the entity sponsoring the test, 

the nature and scope of that entity’s activities, and the sensitivity of the personal 

information collected from or about the participants. 

VIII. PROHIBITED REPRESENTATIONS: TESTS, STUDIES, OR 

OTHER RESEARCH 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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 Covered 

Product are permanently restrained and enjoined from misrepresenting, or assisting 

others in misrepresenting, expressly or by implication, including through the use of 

any product name, endorsement, depiction, or illustration: 

A. That the product is clinically proven to: 

1. Help users quit smoking, including any specific representation 

about success rates or the ease or speed of quitting; 

2. Cause or assist in causing weight loss, including any specific 

representation about the amount of weight loss; 

3. Suppress or help suppress appetite; 

4. Cause or assist in causing weight loss without dieting or any 

change in food or lifestyle; 

5. Help users avoid gaining back any weight they lost; 

6. Increase ejaculation control or the duration of sex; 

7. Treat or prevent premature ejaculation; or 

8. Be comparable or superior to other treatments for quitting 

smoking. 

B. That the performance or benefits of the product are scientifically or 

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clinically proven or otherwise established; or 

C. The existence, contents, validity, results, conclusions, or 

interpretations of any test, study, or other research. 

IX. FDA-APPROVED CLAIMS 

IT IS FURTHER ORDERED that nothing in this Order prohibits Jason 

Cardiff, Eunjung Cardiff, their officers, agents, employees, and attorneys, or all 

other persons in active concert or participation with any of them from: 

A. For any Drug product, making a representation that is approved for 

inclusion in labeling for such Drug product under a new drug application or 

biologics license application approved by the Food and Drug Administration, or, 

for any nonprescription Drug product authorized by Section 505G of the Food, 

Drug, and Cosmetics Act, 21 U.S.C. § 355h, (“FDCA”) to be marketed without an 

approved new drug application, making a representation that is permitted or 

required to appear in its labeling in accordance with Section 505G(a)(1)-(3) of the 

FDCA, 21 U.S.C. § 355h(a)(1)-(3), or a final administrative order under Section 

505G(b) of the FDCA, 21 U.S.C. § 355h(b); 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. 

X. PROHIBITED MISREPRESENTATIONS: ENDORSEMENTS 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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 making, or assisting others 

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in making, any misrepresentation, expressly or by implication, (1) about the status 

of any endorser or person providing a review of the Good or Service, including a 

misrepresentation that the endorser or reviewer is an independent or ordinary user 

of the Good or Service, or (2) that any person or organization has endorsed any 

Good or Service. 

XI. PROHIBITED MISREPRESENTATIONS: U.S. ORIGIN CLAIMS 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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, or any other product, are permanently restrained and enjoined from 

making, or assisting others in making, any representation, expressly or by 

implication, that it 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. 

XII. PROHIBITED REPRESENTATIONS: EARNINGS CLAIMS 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, their 

officers, agents, employees, and attorneys, and all other persons in active concert 

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

acting directly or indirectly, in connection with the advertising, marketing, 

promotion, offering for sale, or sale of any Good or Service, including Business 

Ventures or Investment Opportunities, are permanently restrained and enjoined 

from: 

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

by implication, including through the use of any program name, endorsement, 

lifestyle description, depiction, or illustration, any material fact, including: 

1. That participants will or are likely to achieve substantial sales 

or earn substantial income or profit; 

2. The amount of sales, income, or profit that participants have 

actually earned; 

3. The amount of time or effort required to earn an amount of 

compensation or to advance; or 

4. The total costs or any material restrictions, limitations, or 

conditions; 

B. Making any representation, expressly or by implication, including 

through the use of any program name, endorsement, lifestyle description, 

depiction, or illustration, regarding the amount of sales, income, or profit that a 

participant can expect to earn, including that participants will or are likely to 

achieve substantial sales or earn substantial income or profit, unless the 

representation is non-misleading, and, at the time it is made, Jason Cardiff or 

Eunjung Cardiff possess and rely upon competent and reliable evidence that is 

sufficient to substantiate that the representation is true. 

XIII. PROHIBITED MISREPRESENTATIONS: OTHER MATERIAL 

FACTS 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, their 

officers, agents, employees, and attorneys, and all other persons in active concert 

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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, or assisting 

others in misrepresenting, expressly or by implication, including through the use of 

any product name, endorsement, depiction, or illustration, any material fact 

concerning such Good or Service, including: 

A. The success rate or rate of customer satisfaction; 

B. The total costs; 

C. Any refund policy; 

D. Any material restrictions, limitations, or conditions, including any 

conditions that might limit certain consumers’ ability to obtain the full benefits of 

the proffered Good or Service; 

E. Any material aspect of its performance, efficacy, nature, or central 

characteristics, including that the benefits of the proffered Good or Service can be 

obtained quickly or easily; 

F. Any cost to the consumer to purchase, receive, use, or return the Good 

or Service; 

G. That the consumer will not be Charged for any Good or Service; 

H. That a Good or Service is offered on a “free,” “trial,” “sample,” 

“bonus,” “gift,” “no obligation,” or “discounted” basis, or words of similar import, 

denoting or implying the absence of an obligation on the part of the recipient of the 

offer to affirmatively act in order to avoid Charges, including where a Charge will 

be assessed pursuant to the offer unless the consumer takes affirmative steps to 

prevent or stop such a Charge; 

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

J. That the consumer can obtain a Good or Service for a processing, 

service, shipping, handling, or administrative fee with no further obligation; 

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K. The purpose(s) for which the consumer’s Billing Information will be 

used; 

L. The date by which the consumer will incur any obligation or be 

Charged unless the consumer takes affirmative steps to prevent or stop such a 

Charge; 

M. That a transaction has been authorized by the consumer; or 

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

exchange, or repurchase policy for the Good or Service. 

XIV. PROHIBITIONS CONCERNING REFUNDS 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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 failing to honor a refund, 

return, or cancellation request that complies with any policy to make refunds or 

allow returns or cancellations. 

XV. PROHIBITIONS RELATED TO MERCHANT ACCOUNTS 

IT IS FURTHER ORDERED that Jason Cardiff and Eunjung Cardiff, 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, are permanently restrained and enjoined from: 

A. Credit Card Laundering; 

B. Making, or assisting others in making, directly or by implication, any 

false or misleading statement in order to obtain Payment Processing services; 

C. Failing to disclose to an Acquiring Bank or other Financial Institution, 

service provider, payment processor, independent sales organization, or other 

entity that enables a person to accept payments of any kind any material 

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information related to a Merchant Account including, but not limited to, the 

identity of any owner, manager, director, or officer of the applicant for or holder of 

a Merchant Account, and any connection between an owner, manager, director, or 

officer of the applicant for or holder of a Merchant Account and any third person 

who has been or is placed in a Merchant Account monitoring program, had a 

Merchant Account terminated by a payment processor or a Financial Institution, or 

has been fined or otherwise disciplined in connection with a Merchant Account by 

a payment processor or a Financial Institution; and 

D. Engaging in any tactics to avoid fraud-and-risk-monitoring programs 

established by any Financial Institution, Acquiring Bank, or the operators of any 

payment system, including, but not limited to, tactics such as balancing or 

distributing sales transactions among multiple Merchant Accounts or merchant 

billing descriptors; splitting a single sales transaction into multiple smaller 

transactions; or using a shell company to apply for a Merchant Account. 

XVI. PROHIBITION AGAINST UNAUTHORIZED CHARGES 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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 advertising, promotion, offering 

for sale, or sale of any Good or Service, are permanently restrained and enjoined 

from Charging, causing to be Charged, assisting others in Charging, or attempting 

to Charge any consumer, without obtaining the consumer’s express informed 

consent to the Charge and having created and maintained a record of such consent. 

XVII.PROHIBITION AGAINST DEBITING CONSUMERS’ BANK 

ACCOUNTS WITHOUT AUTHORIZATION 

IT IS FURTHER ORDERED that Jason Cardiff, Eunjung Cardiff, 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 

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acting directly or indirectly, in connection with the sale of any Good or Service, 

are permanently restrained and enjoined from: 

A. Failing to timely obtain written authorization signed or similarly 

authenticated by the consumer for any Preauthorized Electronic Fund Transfer 

from a consumer’s account before initiating any Preauthorized Electronic Fund 

Transfer; and 

B. Failing to provide to the consumer a copy of a valid written 

authorization signed or similarly authenticated by the consumer for any 

Preauthorized Electronic Fund Transfer from a consumer’s account. 

XVIII. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that: 

A. Jason Cardiff, Eunjung Cardiff, 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, are 

permanently restrained and enjoined from: 

1. Disclosing, using, or benefitting from, or assisting others in 

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 

Corporate Defendants obtained prior to entry of this Order in 

connection with the advertising, promotion, offering for sale, or 

sale of Defendants’ oral film strips or Rengalife; and 

2. Failing to destroy such customer information in all forms in 

their possession, custody, or control within 30 days after entry 

of this Order. 

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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. 

B. Upon termination of the receivership, the Receiver shall not return 

any customer information to the Defendants. 

XIX. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Jason Cardiff and Eunjung Cardiff 

obtain acknowledgments of receipt of this Order: 

A. Jason Cardiff and Eunjung Cardiff, within 7 days of entry of this 

Order, must submit to the Commission an acknowledgment of receipt of this Order 

sworn under penalty of perjury. 

B. For 20 years after entry of this Order, Jason Cardiff and Eunjung 

Cardiff for any business that such Defendant, individually or collectively with any 

other Defendants, is the majority owner or controls directly or indirectly, 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 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 Jason Cardiff or Eunjung 

Cardiff delivered a copy of this Order, that Defendant must obtain, within 30 days, 

a signed and dated acknowledgment of receipt of this Order. 

XX. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Jason Cardiff and Eunjung Cardiff 

make timely submissions to the Commission: 

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A. One year after entry of this Order, Jason Cardiff and Eunjung Cardiff 

must each submit a compliance report, sworn under penalty of perjury. Each of 

them must: 

1. Identify all telephone numbers and all physical, postal, email 

and Internet addresses, including all residences; 

2. 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; 

3. Describe in detail such Defendant’s involvement in each such 

business, including title, role, responsibilities, participation, authority, 

control, and any ownership; 

4. 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; 

5. Identify all of that Defendant’s businesses by all of their names, 

telephone numbers, and physical, postal, email, and Internet addresses; 

6. Describe the activities of each business, including the Goods or 

Services offered, the means of manufacturing, labeling, advertising, 

promotion, offering for sale, sale or distribution, and the involvement of any 

other Defendant (which Jason Cardiff and Eunjung Cardiff must describe if 

they know or should know due to their own involvement); 

7. Describe in detail whether and how that Defendant is in 

compliance with each Section of this Order; and 

8. Provide a copy of each Order Acknowledgment obtained 

pursuant to this Order, unless previously submitted to the Commission. 

B. For 20 years after entry of this Order, Jason Cardiff and Eunjung 

Cardiff must each submit a compliance notice, sworn under penalty of perjury, 

within 14 days of any change in the following: 

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1. Name, including aliases or fictitious name, or residence 

address; 

2. 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; 

3. Any designated point of contact; or 

4. The structure of any entity that such 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. 

C. Jason Cardiff and Eunjung Cardiff must submit to the Commission 

notice of the filing of any bankruptcy petition, insolvency proceeding, or similar 

proceeding by or against such Defendant within 14 days of its filing. 

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

sworn under penalty of perjury must be true and accurate and comply with 28 

U.S.C. § 1746, such as by concluding: “I declare under penalty of perjury under 

the laws of the United States of America that the foregoing is true and correct. 

Executed on: _____” and supplying the date, signatory’s full name, title (if 

applicable), and signature. 

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

all submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 

Associate Director for Enforcement, Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The 

subject line must begin: FTC v. Jason Cardiff, et al., X190001. 

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XXI. RECORDKEEPING 

IT IS FURTHER ORDERED that Jason Cardiff and Eunjung Cardiff must 

create certain records for 20 years after entry of the Order, and retain each such 

record for 5 years. Specifically, Jason Cardiff and Eunjung Cardiff, for any 

business that such 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 concerning 

the subject matter of this Order, 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; and 

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

XXII.COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Jason 

Cardiff and Eunjung Cardiff’s compliance with this Order: 

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

the Commission, Jason Cardiff and Eunjung Cardiff each 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 

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

69. 

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

communicate directly with Jason Cardiff and Eunjung Cardiff. Jason Cardiff and 

Eunjung Cardiff 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-1. 

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

consumer reporting agency must furnish consumer reports concerning Jason 

Cardiff and Eunjung Cardiff, pursuant to Section 604(1) of the Fair Credit 

Reporting Act, 15 U.S.C. §1681b(a)(1). 

XXIII. EXPIRATION OF PRELIMINARY INJUNCTION PROVISIONS 

A. Upon entry of this Order, the provisions of the Preliminary Injunction 

[Doc. # 59], including the asset freeze and receivership, shall expire, except to the 

extent provided in the Court’s February 28, 2022 Order regarding discharge of the 

Receiver [Doc. # 702]. Upon the Receiver’s completion of the tasks described in 

paragraphs 5 through 11 of that Order, and the Court’s approval of the Receiver’s 

final report, the Receiver will be discharged for all purposes. 

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Case 5:18-cv-02104-DMG-PLA Document 706 Filed 03/01/22 Page 30 of 30 Page ID 

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XXIV. 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 1st day of March, 2022. 

DOLLY M. GEE 

UNITED STATES DISTRICT JUDGE 

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