UNITED STATES OF AMERICA

Federal Trade Commission

WASHINGTON, D.C. 20580

Office of the Chair

Statement of Chair Lina M. Khan

In the Matter of Smoke Away

Commission File No. X050064

June 29, 2023

Five years ago, Congress armed the FTC with a new tool—OARFPA—to challenge 

unfair or deceptive practices related to substance use disorder treatment services. Today’s action 

against the marketers of Smoke Away and its owner reflects the agency’s deep commitment to 

enforcing this law vigorously—holding accountable all responsible parties, vindicating 

Congress’s efforts to combat a wide range of unlawful practices, and seeking strong relief that 

provides both specific and general deterrence.

The order announced today binds not only the marketers of Smoke Away but also its 

owner, Michael Connors. This case continues this agency’s emphasis on holding individuals 

accountable when appropriate, as seen both in our consumer protection work1 and our 

competition work.2 This is our third action under OARFPA—the first was announced last year—

and other market participants should take note that each action has named individual defendants. 

Today’s lawsuit also recognizes Congress’s broad aims in arming the FTC with this 

authority. OARFPA prohibits any unfair or deceptive practices with respect to substance use 

disorder treatment products or services, and our complaint makes clear that we are not looking 

only at baseless treatment claims but also at related practices that can exploit consumers’ health 

struggles. Here, for the first time, we’ve alleged that it was illegal under OARFPA to use paid 

actors to pose as Smoke Away users in marketing these products. Dialing up accountability for 

deceptive review practices has been a major priority for this Commission,3 and we will continue 

to use every tool we have—now including OARFPA—to challenge illegal practices.

1 For example, in the Benefytt matter, the Commission secured permanent industry bans on two executives in 

addition to a $100 million monetary judgment. Press Release, Fed. Trade Comm’n, FTC Action Against Benefytt 

Results in $100 Million in Refunds for Consumers Tricked Into Sham Health Plans and Charged Exorbitant Junk 

Fees (Aug. 8, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/08/ftc-action-against-benefyttresults-100-million-refunds-consumers-tricked-sham-health-plans-charged. In addition, last year’s action against 

Drizly not only named the CEO but also bound him even if he leaves the company. Press Release, FTC Takes 

Action Against Drizly and its CEO James Cory Rellas for Security Failures That Exposed Data of 2.5 Million 

Consumers (Oct. 24, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/10/ftc-takes-action-againstdrizly-its-ceo-james-cory-rellas-security-failures-exposed-data-25-million. 2 See Press Release, Fed. Trade Comm’n, Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote 

Federal Trade Commission et al. v. Vyera Pharmaceuticals, LLC et al. (Jan. 14, 2022), https://www.ftc.gov/newsevents/news/press-releases/2022/01/statement-chair-lina-m-khan-ruling-judge-denise-l-cote-federal-tradecommission-et-al-v-vyera. 3 See, e.g., Press Release, Fed. Trade Comm’n, Fashion Nova Will Pay $4.2 Million as Part of Settlement of FTC 

Allegations It Blocked Negative Reviews of Products (Jan. 25, 2022), https://www.ftc.gov/news-events/news/pressreleases/2022/01/fashion-nova-will-pay-42-million-part-settlement-ftc-allegations-it-blocked-negative-reviews; 

Press Release, Fed. Trade Comm’n, FTC Approves Final Order Against The Bountiful Company in First Case 

Alleging Hijacking of Online Product Reviews (Apr. 10, 2023), https://www.ftc.gov/news-events/news/pressreleases/2023/04/ftc-approves-final-order-against-bountiful-company-first-case-alleging-hijacking-online-product; 

Press Release, Fed. Trade Comm’n, Vision Path, Inc., Online Seller of Hubble Lenses, Settles Charges It Violated 
Finally, the strong relief secured in this action should serve as a powerful deterrent 

against similarly exploitative conduct. Today’s order includes an unsuspended monetary 

judgment against the Defendants not only for full redress, but also for civil penalties—a remedy 

available thanks to our close work with the Department of Justice. The settlement also contains 

an admission to the Complaint allegations because Connors is a recidivist. Those who believe 

they can exploit consumers’ addiction struggles with impunity should take note of the relief 

obtained here.

Vigorously enforcing OARFPA has been a major priority for this Commission, and I am 

grateful to our team in the Division of Advertising Practices for securing the strong results in this 

matter, as well as to the Department of Justice for its ongoing partnership in combatting 

addiction-related abuse.

***

the Contact Lens Rule and FTC Act to Boost Sales (Jan. 28, 2022), https://www.ftc.gov/news-events/news/pressreleases/2022/01/vision-path-inc-online-seller-hubble-lenses-settles-charges-it-violated-contact-lens-rule-ftc-act.