IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

_______________________________________ 

)

FEDERAL TRADE COMMISSION and )

STATE OF MAINE, )

) Case No. 1:17-cv-00067-NT

Plaintiffs, )

)

v. ) STIPULATED FINAL JUDGMENT

) AND ORDER FOR PERMANENT

) INJUNCTION AND OTHER

XXL IMPRESSIONS LLC a limited liability ) EQUITABLE RELIEF AS TO

company, also d/b/a BETTER HEALTH ) DEFENDANTS SYNERGIXX, LLC,

NUTRITIONALS, ) also d/b/a CTF MEDIA, and CHARLIE 

) R. FUSCO

JEFFREY R. POWLOWSKY, individually )

and as an owner and officer of XXL )

IMPRESSIONS LLC, )

)

J2 RESPONSE L.L.P., a limited liability )

partnership, also d/b/a/ J2 RESPONSE, )

)

JUSTIN BUMANN, individually )

and as a partner of J2 RESPONSE L.L.P., )

)

JUSTIN STEINLE, individually and as a )

partner of J2 RESPONSE L.L.P., )

)

SYNERGIXX, LLC, a limited liability )

company, also d/b/a CTF MEDIA, )

)

CHARLIE R. FUSCO, individually )

and as an owner and officer of SYNERGIXX, )

LLC, )

)

RONALD JAHNER, and )

)

BRAZOS MINSHEW a/k/a SAMUEL BRANT, )

)

Defendants. )

_______________________________________ )

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Plaintiffs, the Federal Trade Commission (“FTC” or “Commission”) and the State of 

Maine, as represented in this matter by the Office of the Attorney General of Maine (“Maine 

AG”) (“Plaintiffs”), filed a Complaint for Permanent Injunction and Other Equitable Relief 

against Defendants pursuant to Section 13(b) of the Federal Trade Commission Act (“FTC Act”), 

15 U.S.C. § 53(b), pursuant to Section 4(a) of the Telemarketing and Consumer Fraud and Abuse 

Prevention Act (“Telemarketing Act”), 15 U.S.C. § 6103(a), and pursuant to Section 209 of the 

Maine Unfair Trade Practices Act (“Maine UTPA”), ME. REV. STAT. tit. 5, § 209, to obtain 

permanent injunctive relief, rescission or reformation of contracts, restitution, the refund of 

monies paid, disgorgement of ill-gotten monies, and other equitable relief for Defendants’ acts or 

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

Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), 15 

U.S.C. §§ 6101-6108, the FTC’s Trade Regulation Rule entitled “Telemarketing Sales Rule” 

(“TSR”), 16 C.F.R. Part 310, the Electronic Fund Transfer Act (“EFTA”), 15 U.S.C. §§ 1693-

1693r, and its implementing Regulation E, 12 C.F.R. § 1005.10, and Section 207 of the Maine 

UTPA, ME. REV. STAT. tit. 5, § 207, in connection with the labeling, advertising, marketing, 

distribution, and sale of products purported to provide relief from joint and back pain and to 

prevent or mitigate cognitive decline.

The Commission, the State of Maine, and Defendants Synergixx, LLC, and Charlie R. 

Fusco stipulate to the entry of this Final Judgment and Order for Permanent Injunction and Other 

Equitable Relief (hereafter “Order”) as to Synergixx, LLC, also d/b/a CTF Media, and Charlie R. 

Fusco (hereafter collectively, “Defendants”).

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FINDINGS

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

Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), 15 

U.S.C. §§ 6101-6108, the FTC’s Trade Regulation Rule entitled “Telemarketing Sales Rule” 

(“TSR”), 16 C.F.R. Part 310, and Section 207 of the Maine UTPA, ME. REV. STAT. tit. 5, § 207, 

in connection with the labeling, advertising, marketing, distribution, and sale of products

purported to provide pain relief and to prevent or mitigate cognitive decline.

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

as specifically stated in this Order. Defendants admit the facts necessary to establish jurisdiction

only for purposes of this action.

4. Defendants represent that they have ceased taking orders for the products at issue 

in this Complaint.

5. 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’s fees.

6. Defendants and Plaintiffs 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:

1. “Clear(ly) and conspicuous(ly)” means that a required disclosure is difficult to 

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miss (i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of 

the following ways:

A. 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 is made 

in only one means;

B. 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;

C. 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;

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

Internet or software, the disclosure must be unavoidable;

E. 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;

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F. The disclosure must comply with these requirements in each medium 

through which it is received, including all electronic devices and face-toface communications;

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

with, anything else in the communication; and

H. 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.

2. “Close proximity” means that the disclosure is very near the triggering 

representation. 

3. “Corporate Defendant” means Synergixx, LLC, d/b/a CTF Media, and its 

successors and assigns.

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

but not limited to, FlexiPrin and CogniPrin.

5. “Defendants” means the Individual Defendant and the Corporate Defendant, 

individually, collectively, or in any combination.

6. “Dietary supplement” means: 

A. any product labeled as a dietary supplement or otherwise represented as a 

dietary supplement; or 

B. any pill, tablet, capsule, powder, softgel, gelcap, liquid, or other similar 

form containing one or more ingredients that is a vitamin, mineral, herb or 

other botanical, amino acid, probiotic, or other dietary substance to 

supplement the diet by increasing the total dietary intake, or a concentrate, 

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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.

7. “Drug” means: (1) 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; (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.

8. “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.

9. “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.

10. “Including” means including, but not limited to.

11. “Individual Defendant” means Charlie R. Fusco.

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

any good, program, or service, a provision under which the consumer’s silence or failure to make 

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an affirmative action to reject goods or services, or to cancel the agreement, is interpreted by the 

seller or provider as acceptance of the offer.

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

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

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

I.

PROHIBITED REPRESENTATIONS: PAIN RELIEF, CARTILAGE REBUILDING,

COGNITIVE DECLINE, MEMORY IMPROVEMENT, AND DISEASE CLAIMS

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

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

actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Covered Product, are hereby permanently restrained and enjoined from making, or assisting 

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

endorsement, depiction, or illustration, any representation, that, in humans, such Covered 

Product:

A. Reduces joint pain, inflammation, or stiffness, including in as little as two hours;

B. Provides relief from back pain;

C. Reduces the need for medication; 

D. Helps rebuild damaged joints or cartilage;

E. Reverses, mitigates, or prevents cognitive or mental decline;

F. Improves memory;

G. Restores lost memory capacity; or

H. Cures, mitigates, or treats any disease;

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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 

shall 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 shall be: (1) randomized, double-blind, and placebocontrolled; and (2) conducted by researchers qualified by training and experience to conduct 

such testing. 

II.

PROHIBITED REPRESENTATIONS: OTHER HEALTH-RELATED CLAIMS

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, and

employees, 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 about the health benefits, safety, performance, or 

efficacy of any Covered Product, other than a representation covered under the Section of this 

Order entitled Prohibited Representations: Pain Relief, Cartilage Rebuilding, Cognitive Decline, 

Memory Improvement, and Disease Claims, unless the representation is non-misleading, and, at 

the time of making such representation, they possess and rely upon competent and reliable 

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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.

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, 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 testing to substantiate that the representation is true.

Provided, however, that in instances where any Defendant, on behalf of a client, brokers 

ad placements for a Covered Product, or participates or assists others in brokering ad placements

for a Covered Product, and does not: (1) have an ownership interest in such Covered Product; 

(2) own or license the right to advertise such Covered Product; or (3) derive royalties or 

payments generated from the sale of such Covered Product, it shall be a defense hereunder for 

any Defendant if it can establish, after reasonable inquiry, Defendant neither knew nor had 

reason to know that any representation covered by this Section was not supported by competent 

and reliable scientific evidence as required under this Section.

III.

PROHIBITED REPRESENTATIONS REGARDING TESTS, STUDIES,

OR INGREDIENTS

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, and 

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

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actual notice of this Order, whether acting directly or indirectly, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Covered Product are hereby permanently restrained and enjoined from misrepresenting, in any 

manner, expressly or by implication, including through the use of any product name, 

endorsement, depiction, or illustration:

A. That any Covered Product is clinically proven to rebuild joint cartilage, reduce 

back or joint pain, reduce stiffness, or reduce inflammation;

B. That any Covered Product is clinically proven to restore or improve memory, or 

mitigate cognitive decline;

C. That the performance or benefits of any Covered Product are scientifically 

proven; or

D. The existence, contents, validity, results, conclusions, or interpretations of any 

test, study, or research.

IV.

FDA-APPROVED CLAIMS

IT IS FURTHER ORDERED that nothing in this Order prohibits Defendants, 

Defendants’ officers, agents, and employees, 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

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B. For any product, making any 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.

V.

PROHIBITED REPRESENTATIONS

RELATED TO ENDORSEMENTS

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, and 

employees, 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, including through the use of any good or service name, 

endorsement, depiction, or illustration, that:

A. Any person is an expert with respect to the Endorsement message provided by 

that person;

B. Purported consumers who appear in advertising obtained a reported result through 

use of those goods or services;

C. Experts are providing their objective, independent opinions regarding the efficacy 

of any good or service; and

D. Any advertising is objective news or informational programming.

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VI.

PROHIBITED REPRESENTATIONS

RELATED TO ADVERTISING FORMAT

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

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

actual notice of this Order by personal service or otherwise, whether acting directly or indirectly, 

in connection with the advertising, marketing, promotion, offering for sale, sale, or distribution

of any good or service, are hereby permanently restrained and enjoined from misrepresenting

that paid commercial advertising is independent programming, including independent, 

educational programming, or an objective news report.

They are further permanently restrained and enjoined from presenting any radio

advertisement 15 minutes in length or longer or intended to fill a time slot of 15 minutes in 

length or longer that does not state in the same language as the predominant language used in the

advertisement, in a Clear and Conspicuous manner within the first 30 seconds of the commercial

and immediately before each presentation of ordering instructions for the good or service, the

following disclosure:

“THE PROGRAM YOU ARE LISTENING TO IS A PAID

ADVERTISEMENT FOR [THE PRODUCT, PROGRAM, OR SERVICE].”

For the purpose of this provision, the presentation of a telephone number, mailing address, or 

website through which listeners may obtain more information or place an order for the

product, program, or service shall be deemed a presentation of ordering instructions so as to

require the stating of the disclosure provided herein.

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VII.

DISCLOSURE OF MATERIAL CONNECTIONS

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, and 

employees, 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, including through the use of a good or service name, endorsement, 

depiction, or illustration, about any endorser of a good or service unless they disclose, Clearly 

and Conspicuously, and in Close Proximity to the representation, a Material Connection, when 

one exists, between such endorser and Defendants or any other individual or entity 

manufacturing, labeling, advertising, promoting, offering for sale, selling, or distributing such 

good or service.

Material connection means any relationship that materially affects the weight or 

credibility of any Endorsement and that would not reasonably be expected by consumers.

VIII.

OTHER PROHIBITED MISREPRESENTATIONS

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, and 

employees, 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, marketing, 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, any material fact, including, but not limited to:

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A. That consumers are receiving a money-back guarantee, a free trial offer, a riskfree trial offer, a free gift, or a bonus; 

B. The total cost to purchase, receive, or use the good or service, including shipping, 

handling, processing, and any additional financial obligations that may be 

incurred as a result of accepting the free product, service, or offer;

C. The timing or manner of any charge or bill;

D. Any material restrictions, limitations, or conditions to purchase, receive, or use 

the good or service;

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

of the good or service; and

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

exchange, or repurchase policy for the good or service, including the deadline (by 

date or frequency) by which the consumer must act.

IX.

REQUIRED DISCLOSURES

IT IS FURTHER ORDERED that, in connection with the advertising, marketing, 

promotion, offering for sale, sale, or distribution of any good or service, Defendants and their 

officers, agents, and employees, 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. Failing to Clearly and Conspicuously disclose, or assisting others in failing to 

Clearly and Conspicuously disclose, before consumers are asked to reveal billing 

information or to consent to any purchase in connection with any claim that a 

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good or service is “free,” has a minimal cost, or is being offered on a trial basis or 

at an introductory or limited-time reduced cost, the following material terms and 

conditions of any offer:

1. In close proximity to such claim, the total cost to purchase, receive, or use 

any good or service that is the subject of the sales offer, including 

shipping, handling, and processing;

2. The amount, timing, and manner of payment of all fees, charges, or other 

amounts that a consumer will be charged or billed, and any additional 

financial obligations that may be incurred as a result of accepting the free 

product, service, or offer; and

3. The terms and conditions of any refund, cancellation, exchange, or

purchase policy or policies, including the specific steps and means by 

which such requests must be submitted, and the telephone number, email 

address, web address, or street address to which such requests must be 

directed, including the deadline (by date or frequency) by which the 

consumer must act, and, if there is a policy of not making refunds, 

cancellations, exchanges, or repurchases, a statement regarding this 

policy; and

B. Failing to Clearly and Conspicuously disclose, or assisting others in failing to 

Clearly and Conspicuously disclose, before consumers are asked to reveal billing 

information or consent to any purchase that includes a Negative Option Feature:

1. That the consumer will be charged for the good or service, or that the 

charges will increase after the trial period ends, and if applicable, that the 

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charges will be on a recurring basis, unless the consumer timely takes 

steps to prevent or stop such charges;

2. The amount (or range of costs) the consumer will be charged or billed, 

including shipping, handling, and processing, and, if applicable, the 

frequency of such charges unless the consumer timely takes steps to 

prevent or stop them; 

3. The deadline (by date or frequency) by which the consumer must act in 

order to stop the recurring charges;

4. The name of the seller or provider of the good or service;

5. A description of the good or service; and

6. The mechanism to stop any recurring charges.

In addition, for any transaction involving a sale of a good or service to a consumer 

through a Negative Option Feature, within 10 days after the date of the sale, Defendants must 

send the consumer written confirmation of the transaction, either by email or first class mail, 

according to the consumer’s preference, which is identified as a written confirmation in the email 

subject line or on the outside of the envelope. Such written confirmation shall include Clear and 

Conspicuous disclosure of all the information required by this Subsection IX.B.(1)-(6) above, 

and shall specify the procedures by which consumers can cancel or obtain a refund.

X.

EXPRESS INFORMED CONSENT

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, agents, and

employees, 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 

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advertising, marketing, promotion, offering for sale, sale, or distribution of any good or service, 

are permanently restrained and enjoined from using billing information to obtain payment from a 

consumer, unless, prior to using such billing information to obtain payment, Defendants obtain 

the express informed consent of the consumer. 

A. For all written offers with a Negative Option Feature (including over the Internet 

or other web-based applications or services), a consumer’s express informed 

consent shall be obtained, prior to Defendants’ obtaining any billing information 

from consumers, through a check box, signature, or other substantially similar 

method, that consumers must affirmatively select or sign to accept the Negative 

Option Feature. Immediately adjacent to such check box, signature, or 

substantially similar method, Defendants shall disclose all costs associated with 

the Negative Option Feature, including shipping, handling, and processing, that 

the consumer is agreeing to pay such costs, the length of any trial period, and the 

date by which consumers must cancel to avoid being charged. This disclosure 

shall contain no additional information and shall be Clear and Conspicuous in 

relation to any other information provided on the page relating to costs, risks, or 

obligations associated with any Negative Option Feature, including any terms 

referring to “free,” “trial,” and “processing fee.”

B. For all oral offers including a Negative Option Feature, Defendants shall, in 

addition to disclosing the information identified in the Section of this Order 

entitled Required Disclosures, and prior to obtaining any billing information from 

a consumer, obtain affirmative and unambiguous oral confirmation that the 

consumer:

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1. Consents to authorizing payment for any goods or services, including 

shipping, handling, and processing; 

2. Understands that the transaction includes a Negative Option Feature; and

3. Understands the specific affirmative steps the consumer must take to 

prevent further charges.

Defendants shall maintain for 3 years from the date of each transaction an unedited voice 

recording of the entire transaction, including the prescribed statements set out in the Section of 

this Order entitled Required Disclosures. Each recording must be retrievable by date and by the 

consumer’s name, telephone number, or billing information and must be provided upon request 

and without charge to the consumer, the consumer’s bank, or any law enforcement entity.

XI.

MONETARY JUDGMENT AND SUSPENSION OF JUDGMENT

IT IS FURTHER ORDERED that:

A. Judgment is hereby entered in favor of Plaintiffs and against Defendants, jointly 

and severally, in the amount of $6,574,957 as equitable monetary relief;

B. The judgment as to the Defendants shall be suspended subject to Subsections D 

and E below;

C. In the event of default on any obligation to make payments under this Order, 

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

default to the date of payment. Defendants shall be jointly and severally liable

with all remaining defendants named in the Complaint filed in this action for all 

payments required by this Section and any interest on such payments;

D. Plaintiffs’ agreement to the suspension of the money judgment is expressly 

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premised upon the truthfulness, accuracy, and completeness of Defendants’ sworn 

financial statements, and related documents (collectively, “financial 

representations”) submitted to Plaintiffs, namely, the following:

1. Fusco & Synergixx financial and bank account documents submitted to 

Plaintiffs on July 25 and 26, 2016;

2. Synergixx financial statement of corporate defendant dated July 25, 2016 

and submitted to Plaintiffs on August 17, 2016;

3. Fusco financial statement of individual defendant dated September 6, 2016 

and submitted to Plaintiffs on September 16, 2016 together with 

attachments and supporting financial documents;

4. Synergixx financial statement of corporate defendant dated September 10 

and submitted to Plaintiffs on September 16, 2016 together with 

attachments and supporting financial documents;

5. Additional and supplemental personal and business financial documents 

and explanations submitted to Plaintiffs on September 15, 22, and 30, 

2016;

6. Additional personal and business financial documents and explanations 

submitted to Plaintiffs on October 28, 2016;

7. Personal and business bank statements submitted to Plaintiffs on February 

15, 2016;

8. Updated Fusco financial statement of individual defendant dated May 10, 

2017 (signature page corrected) and submitted to Plaintiffs on May 15, 

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2017, together with attachments and supporting financial documents and 

explanations; and

9. Updated Synergixx financial statement of corporate defendant dated May 

10, 2017 and submitted to Plaintiffs on May 15, 2017, together with 

attachments and supporting financial documents and explanations

submitted to Plaintiffs on September 6 and 10, 2016;

E. The suspension of the judgment will be lifted as to any Defendant if, upon motion 

by either of Plaintiffs, the Court finds that such Defendant failed to disclose any 

material asset or income, materially misstated the value of any asset, or made any 

other material misstatement or omission in the financial representations identified 

in Subsection D, above;

F. If the suspension of the judgment is lifted, this judgment becomes immediately

due as to the Defendant or Defendants causing the suspension to be lifted 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 received by Plaintiffs from Defendants J2 Response, 

LLC, Justin Bumann, Justin Steinle, Jeffrey Powlowsky, XXL Impressions LLC, 

and Ronal Jahner, plus interest computed from the date of entry of this Order;

G. All money paid to the Commission pursuant to this Order may be deposited 

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

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

administration of any redress fund, or for other equitable relief such as consumer 

information remedies. If a representative of the Commission decides that such 

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equitable remedies are wholly or partially impracticable, the remaining money

shall be divided with the State of Maine. Any money not used by the FTC for 

equitable relief or transferred to the State of Maine is to be deposited to the U.S. 

Treasury as disgorgement. Defendants have no right to challenge any actions the 

Commission or its representatives may take pursuant to this Subsection;

H. All money paid to the State of Maine pursuant to this Order shall be deposited 

into the Attorney General’s other special revenue account and used for consumer 

education, consumer protection, antitrust enforcement, or for any lawful purpose 

at the sole discretion of the Attorney General;

I. 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;

J. The facts alleged in the Complaint will be taken as true, without further proof, in 

any subsequent civil litigation by or on behalf of either of Plaintiffs, including in a 

proceeding to enforce their rights to any payment or monetary judgment pursuant 

to this Order, such as a nondischargeability complaint in any bankruptcy 

case; 

K. The facts alleged in the Complaint establish all elements necessary to sustain an 

action by either of Plaintiffs 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; and

L. Defendants acknowledge that their Taxpayer Identification Numbers (Social 

Security Numbers or Employer Identification Numbers), which Defendants must 

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22

submit to Plaintiffs, may be used for collecting and reporting on any delinquent 

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

XII.

COOPERATION WITH FTC AND MAINE

IT IS FURTHER ORDERED that Defendants must fully cooperate with representatives 

of the Commission, the Maine AG, and any of their representatives 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. Individual Defendant must appear and Corporate Defendant must cause its partners,

officers, employees, representatives, or agents to appear for interviews, discovery, hearings, 

trials, and any other proceedings that a representative of the Commission or the Maine AG may 

reasonably request upon 5 days’ written notice, or other reasonable notice, at such places and 

times as a Commission or Maine AG representative may designate, without the service of a 

subpoena.

XIII.

CUSTOMER INFORMATION

IT IS FURTHER ORDERED that Defendants’ officers, agents, and employees, and all 

other persons in active concert or participation with any of them, who receive actual notice of 

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

A. 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 fourteen (14) days. 

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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 labeling,

advertising, marketing, distribution, or sale of any formulation of FlexiPrin or 

CogniPrin; and

C. Failing to destroy such customer information in all forms in their possession, 

custody, or control within thirty (30) days after receipt of written direction to do 

so from representatives of both the Commission and the Maine Attorney 

General’s Office.

Provided, however, that customer information need not be destroyed, and may be 

disclosed, to the extent requested by a government agency or required by law, regulation, or 

court order.

XIV.

ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of 

this Order:

A. Each Defendant, within 7 days of entry of this Order, must submit to 

the Commission and the State of Maine an acknowledgment of receipt of this 

Order sworn under penalty of perjury.

B. For 10 years after entry of this Order, Individual Defendant for any

business involved in the sale or marketing of any Covered Product that such

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Defendant, individually or collectively with Corporate Defendant, is the 

majority owner or controls directly or indirectly, and Corporate Defendant, must 

deliver a copy of this Order to:

1. All principals, officers, directors, and LLC partners, managers and 

members;

2. All employees, agents, and representatives who participate in the

manufacturing, labeling, advertising, marketing, distribution, or sale of 

any Covered Product or service; 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.

XV.

COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission and to the Maine AG:

A. Sixty days 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 

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Plaintiffs’ representatives 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 if she knows or should know due to her 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 Plaintiffs.

2. 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 employees 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 

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

Defendants have any ownership interest in or control 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 names, or residence addresses; or 

(b) titles or roles in any business activity, including any business for which 

such Defendant performs services whether as employees 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. For a period of 10 years, each Defendant must submit to the Commission 

and the Maine AG 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 or the Maine AG 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.

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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, N.W., Washington, D.C. 20580. 

The subject line must begin: FTC v. XXL Impressions et al., and the number 

X170021.

F. Unless otherwise directed by a Maine AG representative in writing, all 

submissions to the Maine AG pursuant to this Order must be sent by overnight

courier (not the U.S. Postal Service) to: Office of the Attorney General of Maine, 

Consumer Protection Division, 111 Sewall Street, 6th Floor, Augusta, ME 04330. 

The subject line must begin: Order in re State of Maine v. XXL Impressions et 

al., and must identify the Court and docket number of this Order as ordered by the 

Court.

XVI.

RECORDKEEPING

IT IS FURTHER ORDERED that in connection with the sale of any Covered Product, 

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 any other Defendant, 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, all 

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

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B. Personnel records showing, for each person providing services, whether as an 

employee or otherwise, that person’s: name; address; telephone numbers; job title 

or position; dates of service; and (if applicable) the reason for termination;

C. Complaints and full or partial 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 and the Maine AG; and

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

XVII.

COMPLIANCE MONITORING

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

compliance with this Order, including the financial representations upon which part of the 

judgment was suspended, and any failure to transfer any assets as required by this Order:

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

the Commission or the Maine AG, 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. Plaintiffs are also authorized to obtain discovery, without further 

leave of court, using any of the procedures prescribed by Federal Rules of Civil 

Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69.

B. For matters concerning this Order, the Plaintiffs are authorized to communicate

directly with each Defendant. Defendants must permit Plaintiffs’ representatives 

to interview any employee or other person affiliated with any Defendant who has 

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29

agreed to such an interview. The person interviewed may have counsel present.

C. Plaintiffs may use all other lawful means, including posing, through their

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. Nothing in this Order limits the Maine

AG’s lawful use of compulsory process, pursuant to section 211 of the Maine 

UTPA, ME. REV. STAT. tit. 5, § 211. Defendants hereby consent to the 

disclosure by the Maine AG to any law enforcement agency and any 

representative of the State of Maine of any material or information produced by 

Defendants pursuant to section 211 of the Maine UTPA, whether produced before 

or after the date of this Order.

D. Upon written request from a representative of the Commission or the State of 

Maine, 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).

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XVIII.

RETENTION OF JURISDICTION

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

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

IT IS SO ORDERED this 13th day of September, 2017.

/s/ Nancy Torresen___________________

United States Chief District Court Judge

IT IS SO STIPULATED this 14th day of August, 2017.

DAVID C. SHONKA

Acting General Counsel

 

/s/ James A. Prunty

James A. Prunty

David P. Frankel

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, D.C. 20580

Telephone: 202-326-2438, 2812

Facsimile: 202-326-3259

Email: jprunty@ftc.gov

dfrankel@ftc.gov

Attorneys for Plaintiff

FEDERAL TRADE COMMISSION

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IT IS SO STIPULATED this 14th day of August, 2017.

JANET T. MILLS

Attorney General, State of Maine

/s/ Brendan F.X. O’Neil 

Brendan F.X. O’Neil

Linda J. Conti

Assistant Attorney General

Office of the Attorney General of Maine

6 State House Station

Augusta, Maine 04333-0006

Telephone: 207-626-8842, 8591

Facsimile: 207-624-7730 

Email: brendan.oneil@maine.gov

linda.conti@maine.gov

IT IS SO STIPULATED this 14th day of August, 2017.

/s/ Charlie R. Fusco 

Defendant Charlie R. Fusco, individually

and on behalf of Synergixx, LLC

IT IS SO STIPULATED this 14th day of August, 2017.

ATTORNEYS FOR DEFENDANTS

SYNERGIXX, LLC AND 

CHARLIE R. FUSCO

/s/ Adam E. Gersh 

Adam E. Gersh, Esq.

Flaster Greenberg PC

Commerce Center

1010 Chapel Avenue West

Cherry Hill, New Jersey 08002-4609

Email: adam.gersh@flastergreenberg.com

F. Bruce Sleeper, Esq.

Jensen Baird Gardner & Henry

Ten Free Street

PO Box 4510

Portland, Maine 04112

Telephone: (207) 775-7271

Email:

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