Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 20 of 21 PagelD #: 20

64. Defendants committed the violations set forth in Paragraph 63 with the

knowledge required by Section 5(m)(1)(A) of the FTC Act, 15 U.S.C §45(m)(1)(A).
COUNT THREE

65. In numerous instances in connection with the advertising, marketing, promotion,
offering for sale, or sale of the Invisible Mask, and through the use of the government logo,
including through the means described in Paragraphs 22-47 of this Complaint, Defendants have
represented, directly or indirectly, expressly or by implication, that governmental entities,
including the FDA and EPA, have approved the Invisible Mask, Defendants’ efficacy claims
about the Invisible Mask, the Invisible Mask’s materials, or Defendants’ manufacturing facilities.

66. In truth and in fact, in numerous instances in which Defendants have made the
representations set forth in Paragraph 65, no government entity has given its approval to the
Invisible Mask, the efficacy of the Invisible Mask, the Invisible Mask’s materials, Defendants’
manufacturing facilities for the Invisible Mask, or for the Defendants’ use of a government logo.

67. The representations set forth in Paragraphs 65-66 are false or misleading, or
unsubstantiated at the time the representations were made.

68. Therefore, the making of the representations set forth in Paragraphs 65-66 of this
Complaint is constitutes deceptive acts or practices and the making of false advertisements in
violation of Section 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52.

CONSUMER INJURY

69. Consumers are suffering, have suffered, and will continue to suffer substantial

injury as a result of Defendants’ violations of the FTC Act and CCPA. Absent injunctive relief

by this Court, Defendants are likely to continue to injure consumers and harm the public interest.


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 14 of 21 PagelD #: 14

e. “Tt is backed by laboratory testing from several independent USA
Laboratory’s [sic]!” (kwtechnologynv.com)
f. “Tt is the only FDA registered and scientifically proven product of its
kind.” (kwtechnologynv.com)
g. “KW Technology created ‘The 1 Virus Buster Badge.’ It was formulated
by using the latest A.I. Technology using Quantum computing and ION Science.”
(KWTechnologyNV.com)

Defendants’ Knowledge of Their Deceptive Claims

36. Since at least July 2020, Defendants have been aware that their coronavirus-
related prevention or claims regarding devices like the Invisible Mask are unsubstantiated and
deceptive.

37. Defendants received and acknowledged receipt of a warning letter from the FTC
dated July 28, 2020. The FTC’s letter addressed Defendants’ unsubstantiated claims made on
their website, www.thel virusbuster.com, and their Facebook page for a product called “The |
Virus Buster Card” — a card worn around the neck or clipped to clothing, analogous to the
Invisible Mask — that could purportedly prevent COVID-19. Examples of Defendants’ unlawful
claims identified in the letter include:

a. “Our powerful sterilization anti-virus, bacteria’s [sic] cards, can kill most
all viruses up to three feet.”

b. “Our company’s Virus Buster . . . products are designed to help you and
your family fight off a new generation of viruses and bacteria’s [sic], never before
encountered worldwide.”

c. “From our research, from 100’s COVID 19 patients test, we found the


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 5 of 21 PagelD #: 5

scientific testing to advance the intake of airborne viruses and bacteria having a negative impact
on individuals in and out of a condition of pandemic.” KW Tech NV is the identified sponsor of
a case study that Defendants claim is scientific proof of the ability of the Invisible Mask to kill
viruses and bacteria, including COVID-19. The Nevada Secretary of State lists KW Tech NV’s
address as 4560 Donovan Way, Suite M, North Las Vegas, NV 89081, which is also the
assembly and manufacturing location of the Invisible Mask relevant to the allegations set forth in
this Complaint. As with KW Tech, KW Tech NV has used the addresses of 6967 Speedway
Boulevard, Building AA, Unit 101 & 102, Las Vegas, NV 89102 and 3901 Main St., Suite 605,
Flushing, NY 11354. As with KW Tech, KW Tech NV uses the phone number (718) 888-7105.
At all times relevant to this Complaint, acting alone or in concert with others, Defendant KW
Tech NV has advertised, marketed, sold, distributed, or manufactured the Invisible Mask to
consumers throughout the United States.

14. Gary Kong (“Defendant Kong”) is the president of KW Tech and has provided
financial loans to KW Tech, as well as contributed to its overall business strategy. Kong is the
co-owner, president, secretary, treasurer, director, and registered agent of KW Tech NV.
Defendant Kong is responsible for reviewing and approving marketing and advertising of the
Invisible Mask. At all times relevant to this Complaint, acting alone or in concert with others,
Defendant Kong has formulated, directed, controlled, advertised, marketed, sold, had the
authority to control, or participated in the acts and practices of KW Tech and KW Tech NV, as
set forth in this Complaint. Defendant Kong resides in this district, and, in connection with the
matters alleged herein, transacts, or has transacted business, in this District and throughout the

United States.


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 21 of 21 PagelD #: 21

PRAYER FOR RELIEF

Wherefore, the FTC requests that the Court:

A. Enter a permanent injunction to prevent future violations of the FTC Act and the
CCPA by the Defendants;
B. Impose monetary civil penalties from each Defendant for every violation of

Section 5(a) of the FTC Act pursuant to the CCPA;
Cc. Award monetary and other relief within the Court’s power to grant; and

Dz. Award any additional relief as the Court determines to be just and proper.

Respectfully submitted,

Dated: September 6, 2023 /s/ Robin L. Rock
ROBIN L. ROCK
Attorney

FEDERAL TRADE COMMISSION
233 Peachtree St., NE

Suite 1000

Atlanta, GA 30303

(404) 656-1368 (telephone)

(404) 656-1379 (facsimile)
rrock@ftc.gov


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 18 of 21 PagelD #: 18

of the FTC Act, 15 U.S.C. § 55(d).

51. Enacted on December 27, 2020, the CCPA makes it unlawful, for the duration of
the public health emergency declared on January 31, 2020, pursuant to Section 319 of the Public
Health Service Act, for any person, partnership, or corporation to “engage in a deceptive act or
practice in or affecting commerce in violation of Section 5(a) of the [FTC] Act (15 U.S.C. 45(a))
that is associated with . . . the treatment, cure, prevention, mitigation, or diagnosis of COVID-
19.” Pub. L. 116-260, 134 Stat 1182, Title XIV, Section 1401(b)(1). As of the date of the filing
of this Complaint, the public health emergency remains in effect.

52. The CCPA provides that “[a] violation of subsection (b) shall be treated as a
violation of a rule defining an unfair or deceptive act or practice prescribed under Section
18(a)(1)(B) of the [FTC] Act.” 15 U.S.C. § 57a(a)(1)(B).

53. Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A), as modified by
Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461, as
amended, and as implemented by 16 C.F.R. § 1.98(d), authorizes this Court to award monetary
civil penalties of up to $50,120 for each violation of Section 5(a) of the FTC Act pursuant to the
CCPA, 16 C.F.R. § 1.98(d).

COUNT ONE

54. In numerous instances in connection with the advertising, marketing, promotion,
offering for sale, or sale of the Invisible Mask, including through the means described in
Paragraphs 22-47 of this Complaint, Defendants have represented, directly or indirectly,
expressly or by implication, that the Invisible Mask prevents COVID-19.

55. On or after December 27, 2020, Defendants made the representations set forth in

Paragraph 54, which are associated with the prevention of COVID-19.


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 10 of 21 PagelD #: 10

IN A TIGHT AREA. IN THIS CASE, THE LIGHT-WEIGHT POUCH
CONTAINING THE INVISBLE BARRIER SITS LOWER THAN
ONE’S FACE AND AND [sic] CLIPS ONTO THE CLOTHING OR
WORE [sic] LOOSELY AROUND THE NECK SIMILAR TO AN ID
BADGE. IN THIS WAY, THE AREA SURROUNDING THE HEAD
AND FACE RECEIVES THE BENEFIT OF THIS INVISIBLE,
PROTECTIVE FORMULA. A PATENT PENDING TECHNOLOGY
CALLED ISIL-CHLOR ENSURES THE SCIENCE BY BACKING
UP THE POSITIVE, PROVEN RESULTS OF THIS ONE-OF-A-
KIND VIRUS KILLER AS RELIABLE, SAFE, HARMLESS, AND
EASY AS 1-2-3 TO USE:

1 - OPEN

2 - ACTIVATE

3 - ATTACH

YOUR PORTABLE PERSONAL BODY BARRIER!

ANYPLACE - ANYWHERE - ANYTIME!” (linvisiblemask.com)

i. “The 1 Virus Buster is a new form of delivery of high quality
remedy to kill 99.9 percent of virus, germs, bacteria and other allergens
in the air up to 3 feet away. The | Virus Busters Badge are [sic] made
up of chemical compounds found in everyday food and react together
to form a harmless, odorless gas around your face.
(kwtechnologynv.com)

j. “The delivery of protection comes in certain, styles [sic]. We
found another way to deliver harmless, odorless, tasteless gases in [sic]
effective way where it enters the nose mouth and ears. The | Virus
Buster is a combination of ingredients, it’s a group of chemicals that
work together to form one compound.” (kwtechnologynv.com)

k. “THE | INVISIBLE MASK SERVES AS AN IDEAL EXTRA
LAYER OF PROTECTION FOR INDIVIDUALS THAT MAYBE
[sic] EXPOSED TO HARMFUL PATHOGENS, VIRUSES,
ALLERGIES AND OTHER PARTICLES IN THE AIR. THE
THEORY AND PRINCIPLE REGARDING THIS TECHNOLOGY IS
SIMPLE BUT BRILLIANT: PREVENT, DETER OR KILL
VIRUSES, BACTERIA AND PATHOGENS FROM ENTERING


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 7 of 21 PagelD #: 7

numbers shared by the Corporate Defendants, and corporate activities, such as the assembly of
the Invisible Mask, housed in the same physical space.

20. Because these Corporate Defendants have operated as a common enterprise, each
of them is liable for the acts and practices alleged below.

COMMERCE

21. — Atall times relevant to this Complaint, Corporate Defendants, Defendant Kong,
and Defendant Wetzel (collectively “Defendants”) have maintained a substantial course of trade
in or affecting commerce, as “commerce” is defined in Section 4 of the FTC Act, 15 U.S.C. § 44.

DEFENDANTS’ BUSINESS ACTIVITIES

22. On January 31, 2020, Health and Human Services Secretary Alex M. Azar II,
pursuant to his authority under Section 319 of the Public Health Service Act, declared a public
health emergency, which remained in effect throughout the activities detailed below, and
beyond.

23. Since at least July 2020, Defendants have been marketing, advertising, and selling
the Invisible Mask. Defendants have used various means to promote the Invisible Mask, such as
websites, social media accounts, and YouTube. Some of these websites include
https://kwtechnologynv.com; https://the] virusbusterusa.com; https://the] virusbusterusa.com;
https://www. linvisiblemask.com; https://the linvisiblemaskusa.com; and
https://virusfighterhub.com.

24. The Invisible Mask is depicted as a badge, worn around the neck or on a lapel.
The demonstration of the product advises the wearer to pull a tab off the front of the Invisible
Mask badge, to attach a small pouch of ingredients and hang the badge around the neck or clip it

in any article clothing close to the neck, and to discard the product after 30 days of use.


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 6 of 21 PagelD #: 6

15. Timothy Wetzel (“Defendant Wetzel’) is the chief executive officer and chief
technological officer (“CTO”) of KW Tech and co-owner of KW Tech NV. Defendant Wetzel
has claimed to be the inventor of the Invisible Mask and developer of its technology. As the CTO
of KW Tech, Defendant Wetzel is also responsible for monitoring the assembly of the Invisible
Mask at Defendants’ manufacturing location in North Las Vegas, Nevada. Defendant Wetzel is
also the contact person for Defendant KW Tech’s establishment registration and device listing of
the Invisible Mask with the Food and Drug Administration (“FDA”). At all times relevant to this
Complaint, acting alone or in concert with others, Defendant Wetzel has formulated, directed,
controlled, advertised, marketed, sold, had the authority to control, or participated in the acts and
practices of KW Tech and KW Tech NV, as set forth in this Complaint. In connection with the
matters alleged herein, Defendant Wetzel transacts, or has transacted business, in this District
and throughout the United States.

COMMON ENTERPRISE

16. Defendants KW Tech and KW Tech NV (“Corporate Defendants”) have operated
as a common enterprise while engaging in the deceptive acts and practices and other violations
of law alleged below.

17. Corporate Defendants have conducted the business practices described below
through interrelated companies that have common ownership, officers, managers, business
functions and office locations.

18. Specifically, at all times relevant to this Complaint, the Corporate Defendants
have operated under the unified control of Defendant Kong and Defendant Wetzel.

19. Defendant Kong and Defendant Wetzel have directed the Corporate Defendants’

business and marketing activities interchangeably through business addresses and telephone


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 19 of 21 PagelD #: 19

56. The representations set forth in Paragraph 54-55 are false or misleading or were
not substantiated at the time the representations were made.

57. Therefore, the making of the representations set forth in Paragraph 54-55 of this
Complaint constitutes a deceptive act or practice and the making of false advertisements in
violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52.

58. | Defendants committed the violations set forth in Paragraphs 56-57 with the
knowledge required by Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A).

COUNT TWO

59. In numerous instances in connection with the advertising, marketing, promotion,
offering for sale, or sale of the Invisible Mask, including through the means described in
Paragraphs 22-47 of this Complaint, Defendants have represented, directly or indirectly,
expressly or by implication, that the Invisible Mask is scientifically proven to provide protection
against viral infection, including COVID-19;

60. On or after December 27, 2020, Defendants made the representations set forth in
Paragraph 59, which are associated with the prevention of COVID-19.

61. In truth and in fact, the Invisible Mask is not scientifically proven to prevent
COVID-19.

62. The representations set forth in Paragraph 59-61 are false or misleading or were
not substantiated at the time the representations were made.

63. Therefore, the making of the representations as set forth in Paragraphs 59-61
constitutes a deceptive act or practice, and the making of false advertisements in violation of

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


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 9 of 21 PagelD #: 9

d. “THE 1 INVISIBLE MASK OFFERS THREE FEET OF
PROTECTION FROM AIRBORNE VIRUSES INCLUDING COVID
19. THIS ADDED PROTECTION IS NEEDED WHEN MASKS ARE
REMOVED IN ORDER TO EAT, DRINK AND SPEAK FILLING
THAT VOID. THE QUANTUM SCIENCE BEHIND THE
TECHNOLOGY ALLOWS FOR THIS PROTECTIVE BARRIER TO
SHIELD AGAINST PATHOGENS AND VIRUSES - INCLUDING
COVID 19 - FOR UP TO 30 DAYS. “(linvisiblemask.com)

e. “Kills Most All Viruses Up To 3 Feet” (the1 virusbuster.com)

f. “The | Invisible Mask is about airborne illness prevention. It
works as an invisible shield that kills viruses, germs, and other
allergens. You should feel your best and protected at all times.”
(thelinvisiblemaskUSA.com)

g. “When certain ions collide with other ions, a reaction takes
place. This reaction omits an invisible gas, the point of collision.
Lighter than air, this gas collects in a tight area close to your face and
neck. When this thin layer of gas gets in contact with floating elements
like common germs, viruses, and pathogens, it kills them before they
are able to get into the nose, mouth, and eye.”

(the linvisiblemaskUSA.com)

h. “OUR RESEARCHERS AND SCIENTISTS EXAMINED
HUNDREDS OF THOUSANDS [sic] RESPIRATORY DROPLETS
IN THE CONTEXT OF COVID-19. WE DEVELOPED A UNIQUE
COMBINATION OF COMPOUNDS BY USING IBM’S QUANTUM
COMPUTER TO ACCELERATE THE PROCESS AND GAIN
RELIABLE ANSWERS. WHEN USED CORRECTLY, THIS
BARRIER KILLS MOST VIRUSES, BACTERIA, AND
PATHOGENS BEFORE THEY ENTER THE NOSE, MOUTH, AND
EYES. THIS PATENT-PENDING TECHNOLOGY CALLED ISIL-
CHLOR ENSURES THE SCIENCE IS BACKING THE POSITIVE
RESULTS OF THIS VIRUS KILLER.

THE | INVISIBLE MASK IS BASED ON A PROVEN, SIMPLE
SCIENCE CALLED ‘ION EXCHANGE SCIENCE.’ SIMPLY
STATED, WHEN CERTAIN IONS COLLIDE WITH OTHER IONS,
A REACTION TAKES PLACE. THE REACTION CAUSES SELECT
COMPOUNDS, AT THE POINT OF COLLISION, TO EMIT AN
INVISIBLE GAS. GAS IS LIGHTER THAN AIR AND COLLECTS


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 1 of 21 PagelD #: 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

FEDERALTRADE COMMISSION,
Plaintiff,
v. Case No. 23-CV-6633

K W TECHNOLOGY INC., a New York
corporation;

K W TECHNOLOGY NV INC., a Nevada
corporation;

GARY KONG, individually and as president of K
W TECHNOLOGY INC. and co-owner and
president of K W TECHNOLOGY NV INC.;

TIMOTHY WETZEL, individually and as chief
executive officer and chief technology officer of K
W TECHNOLOGY INC. and co-owner of K W
TECHNOLOGY NV INC.,

Defendants

COMPLAINT FOR PERMANENT INJUNCTION,
MONETARY RELIEF, CIVIL PENALTIES, AND OTHER RELIEF

Plaintiff, the Federal Trade Commission (“FTC”), for its Complaint alleges:

1. The FTC brings this action under Sections 5(a)(1), 5(m)(1)(A), 12, 13(b),
16(a)(1), and 19 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a)(1),
45(m)(1)(A), 52, 53(b), 56(a)(1), and 57b, and Section 1401 of the COVID-19 Consumer
Protection Act of the 2021 Consolidated Appropriations Act (“CCPA”), Pub. L. No. 116-260, §
1401, 134 Stat. 1182, 3275-76, which authorizes the FTC to seek, and the Court to order,

permanent injunctive relief, monetary relief, civil penalties, and other relief for Defendants’ acts


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 12 of 21 PagelD #: 12

demonstrate that the Invisible Mask prevents COVID-19.

Defendants’ False Claims that Their Scientific Studies Prove the Invisible Mask
Provides Effective Disease Protection, Including From COVID-19

32. On their websites, in connection with the sale of the Invisible Mask, Defendants
claim to have developed the Invisible Mask using “quantum technology” and a technology called
“Tsil-Chlor” technology. They represent they possess scientific studies that prove the Invisible
Mask provides protection against virus infection, including COVID-19.

33. On their websites, in connection with the sale of the Invisible Mask, Defendants
claim their “researchers and scientists have examined hundreds thousand [sic] respiratory
droplets in the context of a [sic] COVID 19,” and “used IBM’s Quantum Computer” for their

allegedly patent-pending technology called “ISil-Chlor technology.”

How Does It work ?

Our researchers and scientists have examined hundreds
thousand respiratory droplets in the context of a COVID 19
. we developed a group of uniquely compounds used IBM's
Quantum Compu S his exceedingly tedious

they enter the nose, mouth and sometimes, eyes.
Patent pending technology, called ISiL-Chlor technology

insures science is backing up the positive results of this virus
killer

34. On their websites, in connection with the sale of the Invisible Mask, Defendants
have represented they have developed the Invisible Mask using their “ISil-Chlor technology”

that is based on a “proven, simple science called Ion exchange science.”


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 11 of 21 PagelD #: 11

THE BODY BY CREATING AN INVISIBLE SHIELD HAT [sic]
HAS NO HARMFUL AFFECTS [sic] TO THE USER OR ANYONE
AROUND THEM. THIS INVISIBLE SHIELD THAT STOPS,
DIVERTS AND KILLS ANY VIRUS COMING INTO RANGE OF
ONE’S NOSE OR MOUTH. THE | INVISIBLE MASK IS AN [sic]
UNIQUE, EFFECTIVE AIRBORNE ILLNESS PREVENTION
DEVICE THAT CAN KILL UP TO 98% OF GERMS, VIRUSES,
BACTERIA AND ALLERGIES - INCLUDING COVID-19 AND
OTHER VARIANTS - WITHIN A 3-FOOT AREA.”
(linvisiblemask.com)

L “OK TO USE IN:

e Schools, Offices, Bus, Subway.
e Markets, Malls, Sporting Events.
e Restaurants & Crowded Areas.” (the1 virusbuster.com)

28. Corporate Defendants have sponsored various lab testing results and a case study
that purportedly serve as their substantiation and scientific proof that the Invisible Mask can
prevent COVID-19. None of their testing results or their case study are well-controlled human.
clinical trials and they are insufficient to show that the Invisible Mask prevents COVID-19.

29. These tests include: 1) various analytical reports on the chemical composition of
ingredients in the Invisible Mask; 2) an in vitro laboratory test purporting to test the efficacy of
the Invisible Mask against Staphylococcus aureus; and 3) a case study of 598 volunteers who
used the Invisible Mask that purportedly measured the product’s “ability to kill viruses and
bacteria and results on symptoms of allergies.” The case study was not randomized, placebo-
controlled, or double blinded, and was not conducted by persons qualified by training or
experience to perform such a study.

30. Defendants do not possess competent and reliable scientific evidence to
substantiate their claims that the Invisible Mask can prevent COVID-19.

31. There is no published report of any well-controlled human clinical study to


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 8 of 21 PagelD #: 8

25. Defendants claim the Invisible Mask badge provides an invisible, three-foot
protective gaseous barrier designed for disease protection and prevention, including from
COVID-19.

26. Defendants charge approximately $29.99 for the Invisible Mask and have

generated gross revenues of at least $100,000 since March 2020 for this product:

‘Who ye gonne cai?
The 1 VIRUS BUSTER
INVISIBLE MASK”

Defendants’ Deceptive Claims About COVID-19 Prevention
27. In numerous instances, Defendants have represented that the Invisible Mask is
effective in providing nearly complete disease protection from COVID-19, based on these types

of claims:

a. “THE | INVISIBLE MASKS [sic] AGAINST VIRUSES
INCLUDING: COVID 19, DELTA VARIANTS, BACTERIA
POLLEN ALLERGIES, OMICRON, ALPHA. UP TO 98%”
(the linvisiblemaskusa.com)

b. “Kill up to 98% of germs, viruses, and bacteria, that it comes in
contact with, up to a3 feet area.” (the linvisiblemaskusa.com)

c. “The 1 Invisible Mask Virus Buster, your Airborne diseases
prevention badge assists in helping to make your ordinary face mask
more efficient to almost 99%.” (the linvisiblemaskusa.com)


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 4 of 21 PagelD #: 4

PLAINTIFF

11. The FTC is an independent agency of the United States Government created by
the FTC Act, which authorizes the FTC to commence this district court civil action by its own
attorneys, 15 U.S.C. §§ 41-58. The FTC enforces Section 5(a) of the FTC Act, 15 U.S.C. §
45(a), which prohibits unfair or deceptive acts or practices in or affecting commerce. The FTC
also enforces Section 12 of the FTC Act, 15 U.S.C. § 52, which prohibits false advertisements
for food, drugs, devices, services, or cosmetic in or affecting commerce. The FTC also enforces
the CCPA, which makes it unlawful under Section 5 of the FTC Act for any person to engage in
a deceptive act or practice in or affecting commerce associated with the treatment, cure,
prevention, mitigation, or diagnosis of COVID-19 for the duration of the COVID-19 public
health emergency.

DEFENDANTS

12. Defendant K W Technology Inc. (“KW Tech’) was incorporated in the state of
New York on March 17, 2020. KW Tech markets, advertises, and sells the Invisible Mask, to be
used for disease prevention, including from COVID-19. The New York Secretary of State lists
KW Tech’s address as 39-01 Main Street, Suite 605, Flushing, NY 11354. KW Tech also uses
the address of 6967 Speedway Boulevard, Building AA, Unit 101 & 102, Las Vegas, NV 89102.
KW Tech uses the phone number (718) 888-7105. At all times relevant to this Complaint, acting
alone or in concert with others, Defendant KW Tech has advertised, marketed, sold, distributed,
or manufactured the Invisible Mask to consumers throughout the United States.

13. K W Technology NV Inc. (“KW Tech NV”) was incorporated in the state of
Nevada on December 15, 2020. KW Tech NV’s stated mission is to “[d]eliver an alternative

product, which will enhance safety and protection: an ability backed by independent laboratory


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 15 of 21 PagelD #: 15

2019-nCoV Coronavirus was a new generation of viruses.... We turned to Super
Power Quantum Computing. We are entering a new era of computing to fight a
new era of viruses and diseases.”

d. “Introducing the 1 Virus Buster, created by KW Technology, Inc. It uses
quantum theory technology, combines known virus and bacteria killing
compounds. It is safe, simple, and effective. All you need to do is hang it around
your neck or attach it to your collar, close to your mouth and nose. If used
correctly, it kills 99.9% of most harmful bacteria and viruses, which live in the air
you breathe, within a three-foot radius. The time is now to protect yourself and
your family. Get the 1 VirusBuster today.”

38. In addition to warning Defendants that it is illegal to advertise that a product can
prevent human disease without competent and reliable scientific evidence, the FTC’s July 28,
2020, warning letter notified Defendants that: “[f]or COVID-19, no such study is currently
known to exist for the [The 1 Virus Buster Cards].”

39. The FTC’s letter also advised Defendants that their “coronavirus-related
prevention” claims regarding [The 1 Virus Buster Cards] were “not supported by competent and
reliable scientific evidence” and that they “must immediately cease making all such claims.”
The letter further advised Defendants “to review all other claims for your products and
immediately cease making claims that are not supported by competent and reliable scientific
evidence.”

40. On or about July 30, 2020, Defendant Wetzel acknowledged the FTC’s warning
letter, and represented to the FTC that the unsubstantiated COVID-related claims would be

removed from Defendants’ advertising.


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 17 of 21 PagelD #: 17

44. Defendants’ certificate is fake. The FDA does not issue certificates of registration
to manufacturers of medical devices. The FDA logo is for the official use of the FDA and not for
use on private sector materials.

45. Businesses (or establishments) involved in the production and distribution of
medical devices in the United States are required to register annually with the FDA. While KW
Tech registered its establishment with the FDA, the FDA has not evaluated the Invisible Mask.
The FDA has not inspected or approved Defendants’ manufacturing facility. The FDA also has
not approved, authorized, or cleared the Invisible Mask or claims that it can prevent COVID-19
or other diseases.

46. The EPA has not approved the Invisible Mask and has not reviewed the product
for efficacy in preventing COVID-19.

47. Based on the facts and violations of law alleged in this Complaint, the FTC has
reason to believe that Defendants are violating or are about to violate the FTC Act and the
CCPA.

VIOLATIONS OF THE FTC ACT

48. Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), prohibits “unfair or deceptive acts
or practices in or affecting commerce.”

49. Misrepresentations or deceptive omissions of material fact constitute deceptive
acts or practices prohibited by Section S(a) of the FTC Act.

50. Section 12 of the FTC Act, 15 U.S.C. § 52, prohibits the dissemination of any
false advertisement in or affecting commerce for the purpose of inducing, or which is likely to
induce, the purchase of food, drugs, devices, services, or cosmetics. For the purposes of Section

12 of the FTC Act, 15 U.S.C. § 52, the Invisible Mask is a “device” as defined in Section 15(d)


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 3 of 21 PagelD #: 3

5. Although the FTC warned Defendants to immediately cease making such claims
about the Invisible Mask, they have blatantly ignored the FTC’s warnings and continue to make
the same deceptive health claims about the Invisible Mask.

6. Defendants have also deceptively claimed that government entities such as the
FDA and EPA have approved the Invisible Mask, or its materials, or claimed that the Invisible
Mask is made in a government-approved facility. Defendants have even advertised using a fake
“Certification of Registration” that includes an image of the FDA’s logo, which Defendants had
no authorization by the FDA to use.

7. Defendants charge approximately $29.99 for the Invisible Mask and have
generated gross revenues of at least $100,000 since March 2020 for the Invisible Mask.

8. Because Defendants have persisted in their false and misleading claims about the
Invisible Mask, the FTC is bringing this action, and alleging three counts of violations of the
FTC Act and the CCPA regarding: (1) Defendants’ deceptive claims that the Invisible Mask has
the ability to prevent COVID-19; (2) Defendants’ false claims that they possess scientific proof
that the Invisible Mask prevents airborne diseases, including COVID-19; and (3) Defendants’
false claims that governmental entities like the FDA and EPA have approved the Invisible Mask,
the Invisible Mask’s materials, or the manufacturing facilities for the Invisible Mask.

JURISDICTION AND VENUE

9. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a),
1345, and 1355.
10. Venue is proper in this District under 28 U.S.C. § 1391(b)(1), (b)(2), (c)(1), and

15 U.S.C. § 53(b).


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 2 of 21 PagelD #: 2

or practices in violation of Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52, and
Section 1401 of the CCPA, in connection with the manufacturing, marketing, advertising,
distribution and sale of a product called The 1 Virus Buster Invisible Mask (herein referred to as
the “Invisible Mask”).

SUMMARY OF CASE

2. Taking advantage of the onset of the Coronavirus Disease 2019 (“COVID-19”)
Pandemic, Defendants began marketing their product called the Invisible Mask. The Invisible
Mask is depicted in advertising as a badge that is to be worn around the neck or on a lapel.
Defendants have used various means to promote the Invisible Mask, such as websites, social
media accounts, and YouTube. Defendants extol the Invisible Mask’s alleged virus-killing
capabilities that they claim prevent up to 98% of infections from COVID-19 and other viruses,
bacteria, pathogens, and allergens.

3. Defendants claim the Invisible Mask works by creating an invisible, three-foot
gaseous barrier that provides nearly complete disease protection, including from COVID-19.
They also claim they have the scientific evidence to prove it really works. In reality, Defendants
lack any competent and reliable scientific evidence to substantiate their claims about the ability
of the Invisible Mask to prevent infection from disease, including from COVID-19. In fact, there
is no published report of any well-controlled human clinical study to demonstrate that the
Invisible Mask can prevent COVID-19.

4. Since at least July 2020, Defendants have been aware that their claims that the
Invisible Mask prevents COVID-19 are unsubstantiated and deceptive, when the FTC warned
Defendants that they lacked competent and reliable evidence for their COVID-19 claims and

should stop making their deceptive and unsubstantiated claims.


Case 1:23-cv-06633-MKB-CLP Document 1

Filed 09/06/23 Page 13 of 21 PagelD #: 13

The Science Behind
The Product

he proof the T Vi uster Invisible Mask works is from

a proven, simple sci n ex It

is when certain ions collide with other ion: action takes

Product place. The reaction causes select compounds, at the point of
Highlights collision, to omit an invisible gas. It is lighter than air and

35.

collects ea he pouch containin
reaction, si nd han;

neck. In this w

benefit of this prote ” living in front of your face.

e sense of smell

Defendants claim they possess scientific studies that prove the Invisible Mask

provides protection against viruses, including COVID-19, based on statements such as:

a. “A PATENT PENDING TECHNOLOGY CALLED ISIL-CHLOR
ENSURES THE SCIENCE BY BACKING UP THE POSITIVE, PROVEN
RESULTS OF THIS ONE-OF-A-KIND VIRUS KILLER AS RELIABLE, SAFE,
HARMLESS, AND EASY AS 1-2-3 TO USE” (thelinvisiblemaskUSA.com)
b. “This product developed using KW Technology, Patent ISil-Chlor
Technology. This state of the art technology used Quantum Computing as a tool
in the development of this airborne diseases prevention device.”
(thelinvisiblemaskUSA.com)

c. “Proven Lab Results” (thelinvisiblemaskUSA.com)

d. SUCCESSFUL LAB RESULTS AT KW TECHNOLOGIES HAVE
BEEN DOCUMENTED, FILED, PROVEN AND DEEMED NOT HARMFUL

TO CHILDREN OR ADULTS (linvisiblemask.com)


Case 1:23-cv-06633-MKB-CLP Document1 Filed 09/06/23 Page 16 of 21 PagelD #: 16

41. In complete disregard of the FTC’s warning letter and in numerous instances,
Defendants are continuing to make the same or similar claims that the Invisible Mask can
prevent human disease, including COVID-19, while failing to possess competent and reliable
scientific evidence to support Defendants’ claims set forth in this Complaint.

Defendants’ Deceptive Claims of Government Approval

42. In numerous instances, Defendants represent that the Invisible Mask or its
materials are government-approved, or that the Invisible Mask is made in a government-
approved facility. For example, on their websites, Defendants have made claims such as:

a. “The Virus Buster is probably the most effective product! It gives you that
added layer of security. It's safe, patent pending and produced in an FDA
registered facility. So you know it’s safe and is working for you! Just clip to your
collar and it does the rest! Why not give it a try?” (virusfighterhub.com)

b. “FDA Approval” (the1invisiblemaskusa.com)

c. “Our products only use the highest grade of materials, its [sic] EPA-
approved and deemed that is not harmful to wear.” (the1invisiblemaskUSA.com)

d. “OUR PRODUCTS ONLY USE THE HIGHEST GRADE OF
MATERIALS THAT ARE EPA APPROVED.” (linvisiblemask.com)

e. “Made by KW Technology the FDA registered manufacturer.”
(the invisiblemaskusa.com)

f. “FDA registered and USA Patent Pending” (the1 virusbuster.com)

“KW TECHNOLOGY IS FDA CERTIFIED APPROVED AND INSURED”
(kwtechnologynv.com)

43. On their websites, in connection with their sale of the Invisible Mask, Defendants
have also published a “Certification of Registration” with the FDA’s logo on it:

CERTIFICATION OF REGISTRATION

PELOSI

SASSER

ee

Geems