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COURTNEY A. ESTEP (pro hac vice) 

cestep@ftc.gov; (202) 326-2788 

SHIRA D. MODELL (pro hac vice) 

smodell@ftc.gov; (202) 725-2162 

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580

Fax: (202) 326-3259

Aaron Schue (Local Counsel) (Bar No. 338760)

aschue@ftc.gov; (310) 824-4380

Federal Trade Commission

10990 Wilshire Blvd., Suite 400

Los Angeles, CA 90024

Fax: (310) 824-4380 

ATTORNEYS FOR PLAINTIFF

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

REJUVICA LLC, a California limited 

liability company, also d/b/a Rejuvica 

Health;

KYLE ARMSTRONG, individually and 

as an owner, officer, or member of 

REJUVICA LLC; and 

KYLE DILGER, individually and as an 

owner, officer, or member of REJUVICA 

LLC,

Defendants.

Case No. 8:23-cv-1286

STIPULATION AS TO ENTRY 

OF ORDER FOR 

PERMANENT INJUNCTION,

MONETARY RELIEF, AND 

OTHER RELIEF

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 1 of 22 Page ID #:55
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Plaintiff, the Federal Trade Commission (“Commission” or “FTC”), filed its 

Complaint For Permanent Injunction, Monetary Judgment, and Other Relief 

(“Complaint”), for a permanent injunction, monetary relief, and other relief in this 

matter, pursuant to Sections 5(a)(1), 12, 13(b), and 19 of the Federal Trade 

Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a)(1), 52, 53(b), and 57b, and 

Section 8023 of the Opioid Addiction Recovery Fraud Prevention Act of 2018, 15 

U.S.C. § 45d (“OARFPA”). The Commission and Defendants stipulate to the entry 

of this Stipulated Order for Permanent Injunction, Monetary Relief, and Other 

Relief (“Order”) to resolve all matters in dispute in this action between them.

THEREFORE, IT IS ORDERED as follows:

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

in the advertising, marketing, and sale of Sobrenix, and in the advertising and 

marketing of other Rejuvica products. The Complaint also charges that the 

Defendants’ deceptive acts or practices in the advertising, marketing, and sale of 

Sobrenix violated Section 8023 of OARFPA.

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

Complaint, except as specifically stated in this Order. Only for purposes of this 

action, Defendants admit the facts necessary to establish jurisdiction.

4. 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 fees.

5. Defendants and the Commission waive all rights to appeal or 

otherwise challenge or contest the validity of this Order.

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 2 of 22 Page ID #:56
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DEFINITIONS

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

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

B. “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.

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

Pharmacopeia, 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.

D. “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.

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 3 of 22 Page ID #:57
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E. “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.

F. “Defendants” means all of the Individual Defendants and the 

Corporate Defendant, individually, collectively, or in any combination. 

1. “Corporate Defendant” means Rejuvica LLC, also d/b/a 

Rejuvica Health, and its successors and assigns.

2. “Individual Defendants” means Kyle Armstrong and Kyle 

Dilger.

ORDER

I. PROHIBITED REPRESENTATIONS: REGARDING HEALTHRELATED CLAIMS REQUIRING HUMAN CLINICAL TESTING 

FOR SUBSTANTIATION

IT IS ORDERED that Defendants, Defendants’ 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, expressly or by implication, including through the use 

of a product or program name, endorsement, depiction, or illustration, any 

representation that such product or service:

A. Reduces or eliminates cravings for alcohol;

B. Enables users to reduce or eliminate their consumption of alcohol;

C. Assists users to regain control of their problematic drinking;

D. Cures, mitigates, or treats any substance use disorder or symptom of a 

substance use disorder; or

E. Cures, mitigates, or treats any disease; 

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 4 of 22 Page ID #:58
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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 must 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 must be: (1) 

randomized, double-blind, and placebo-controlled; and (2) conducted 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.

II. PROHIBITED REPRESENTATIONS: OTHER HEALTH-RELATED 

CLAIMS

IT IS FURTHER ORDERED that Defendants, Defendants’ 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, expressly or by implication, 

including through the use of a product or program name, endorsement, depiction, 

or illustration, any representation, other than representations covered under the 

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 5 of 22 Page ID #:59
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Section of this Order entitled Prohibited Representations: Regarding HealthRelated Claims Requiring Human Clinical Testing For Substantiation, about the 

health benefits, performance, efficacy, safety, or side effects of any Covered 

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

such representation, they 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.

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.

III. 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 

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 6 of 22 Page ID #:60
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study (“test”) upon which Defendants rely to substantiate any claim covered by 

this Order, Defendants must 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;

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) any Defendant; (2) any Defendant’s officers, agents, 

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

participation with any Defendant; (4) any person or entity affiliated with or acting 

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 7 of 22 Page ID #:61
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on behalf of any Defendant; (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 

Defendants, Defendants 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 be documented in 

writing and must contain administrative, technical, and physical safeguards 

appropriate to Corporate Defendants’ size and complexity, the nature and scope of 

Defendants’ activities, and the sensitivity of the personal information collected 

from or about the participants.

IV. PROHIBITED REPRESENTATIONS: TESTS, STUDIES, OR OTHER 

RESEARCH

IT IS FURTHER ORDERED that Defendants, Defendants’ 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, expressly or by 

implication, including through the use of a product or program name, endorsement, 

depiction, or illustration:

A. That the product is clinically proven to reduce or eliminate alcohol 

cravings or alcohol consumption;

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 8 of 22 Page ID #:62
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B. That the performance or benefits of the product are scientifically or 

clinically proven or otherwise established; or

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

interpretations of any test, study, or other research.

V. FDA-APPROVED CLAIMS

IT IS FURTHER ORDERED that nothing in this Order prohibits 

Defendants, Defendants’ 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.

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 9 of 22 Page ID #:63
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VI. PROHIBITED MISREPRESENTATIONS: DECEPTIVELY 

FORMATTED ADVERTISING

IT IS FURTHER ORDERED that Defendants, Defendants’ 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 product or service are 

permanently restrained and enjoined from misrepresenting, expressly or by 

implication:

A. That statements made by paid spokespersons are independent opinions 

by impartial experts; or

B. That paid commercial advertising is an independent opinion of an 

objective source.

VII. PROHIBITED MISREPRESENTATIONS: ENDORSEMENTS 

IT IS FURTHER ORDERED that Defendants, Defendants’ 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 product or service are 

permanently restrained and enjoined from misrepresenting, expressly or by 

implication:

A. That any reviewing entity is an independent organization or provides 

objective information about such product;

B. That any review of such product reflects the opinion of an expert; or

C. That such product is endorsed by an independent party.

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VIII. JUDGMENT FOR MONETARY RELIEF 

IT IS FURTHER ORDERED that:

A. Judgment in the amount of Three Million, Two Hundred Forty-Seven 

Thousand, Seven Hundred and Thirty-Seven Dollars ($3,247,737) is entered in 

favor of the Commission against Individual Defendants and Corporate Defendant, 

jointly and severally, as monetary relief.

B. Defendants are ordered to pay to the Commission Six Hundred Fifty 

Thousand Dollars ($650,000). Such payment must be made within 7 days of entry 

of this Order by electronic fund transfer in accordance with instructions previously 

provided by a representative of the Commission. Upon such payment, the 

remainder of the judgment is suspended, subject to the Subsections below. 

C. In the event Defendants fail to pay Six Hundred Fifty Thousand 

Dollars ($650,000) within seven (7) days of entry of this Order, Defendants shall 

be in default and the full amount of the judgment in Subsection A shall 

immediately become due, plus interest from the date of entry of this judgment 

pursuant to 28 U.S.C. § 1961, less any payment already made. Provided, however, 

that in the event of default, the judgment amount set forth in Subsection A above 

shall not become due if the Defendants cure such default within fourteen (14) 

calendar days. 

D. The Commission’s agreement to the suspension of part of the 

judgment is expressly premised upon the truthfulness, accuracy, and completeness 

of Defendants’ sworn financial statements and related documents (collectively, 

“financial representations”) submitted to the Commission, namely: 

1. the Financial Statements of Individual Defendant Kyle 

Armstrong signed on August 30, 2022, October 31, 2022, and 

January 4, 2023, including the attachments;

2. the Financial Statement of Individual Defendant Kyle Dilger 

signed on August 30, 2022, including the attachments;

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3. the Financial Statement of Corporate Defendant Rejuvica LLC 

signed by Kyle Dilger, Chief Operating Officer, on August 31, 

2022, including the attachments; 

4. the additional documentation submitted by Defendants’ counsel 

to Commission counsel on September 13, 2022; 

5. the additional documentation submitted by Defendants’ counsel 

John Villafranco to Commission counsel Shira Modell and 

Courtney Estep on November 3, 2022; and

6. the additional documentation submitted by Defendants’ counsel 

John Villafranco to Commission counsel Shira Modell and 

Courtney Estep on December 19, 2022. 

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

upon motion by the Commission, the Court finds that Defendant failed to disclose 

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

material misstatement or omission in the financial representations identified above.

F. If the suspension of the judgment is lifted pursuant to Subsection E 

above, the judgment becomes immediately due as to that Defendant in the amount 

specified in Subsection A above (which the parties stipulate only for purposes of 

this Section VIII of this Order represents the consumer injury alleged in the 

Complaint), less any payment previously made pursuant to this Section, plus 

interest computed from the date of entry of this Order.

IX. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that:

A. 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.

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B. The facts alleged in the Complaint will be taken as true, without 

further proof, in any subsequent civil litigation by or on behalf of the Commission, 

including in a proceeding to enforce its rights to any payment or monetary 

judgment pursuant to this Order, such as a nondischargeability complaint in any 

bankruptcy case.

C. The facts alleged in the Complaint establish all elements necessary to 

sustain an action by the Commission pursuant to Section 523(a)(2)(A) of the 

Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral 

estoppel effect for such purposes.

D. Defendants acknowledge that their Taxpayer Identification Numbers 

(Social Security Numbers or Employer Identification Numbers), which Defendants 

previously submitted to the Commission, may be used for collecting and reporting 

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

§7701.

E. All money received by the Commission pursuant to this Order may be 

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

for consumer relief, such as redress and any attendant expenses for the 

administration of any redress fund. If a representative of the Commission decides 

that direct redress to consumers is wholly or partially impracticable or money 

remains after such redress is completed, the Commission may apply any remaining 

money for such related relief (including consumer information remedies) as it 

determines to be reasonably related to Defendants’ practices alleged in the 

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

Defendants have no right to challenge any actions the Commission or its 

representatives may take pursuant to this Subsection.

X. CUSTOMER INFORMATION

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

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employees, and attorneys, 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 the requested information they possess or control, in the form 

prescribed by the Commission, within 14 days.

B. disclosing 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 sale of Sobrenix.

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. 

XI. NOTICE TO PURCHASERS

IT IS FURTHER ORDERED that within 30 days of entry of this Order, 

Defendants shall send by first class mail an exact copy of the notice attached as 

Attachment A, showing the date of mailing, to any consumer for whom Defendants 

have provided information to the Commission pursuant to Section X of this Order.

XII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of 

receipt of this Order:

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A. Each Defendant, 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 5 years after entry of this Order, each Individual Defendant for 

any business that such Defendant, individually or collectively with any other 

Defendants, is the majority owner of or controls directly or indirectly, and each 

Corporate Defendant, 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 the advertising or promotion 

of a Covered Product; 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.

XIII. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Defendants make timely submissions to 

the Commission:

A. One year 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 representatives of the Commission 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 

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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 Defendants must 

describe if they know or should know due to their 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 the Commission.

2. Additionally, each 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 an 

employee 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 20 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 contact; or (b) the structure of any Corporate Defendant or any 

entity that 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.

2. Additionally, each Individual Defendant must report any 

change in: (a) name, including aliases or fictitious name, or residence 

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address; or (b) 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.

C. Each Defendant 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. Rejuvica LLC.

XIV. RECORDKEEPING

IT IS FURTHER ORDERED that Defendants must create certain records for 

20 years after entry of the Order, and retain each such record for 5 years. 

Specifically, Corporate Defendant in connection with the advertising or promotion 

of any Covered Product and each Individual Defendant for any business that such 

Defendant, individually or collectively with any other Defendants, is a majority 

owner of or controls directly or indirectly, must create and retain the following 

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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. all records necessary to demonstrate full compliance with each 

provision of this Order, including all submissions to the Commission; and

D. a copy of each unique advertisement or other marketing material. 

XV. 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, 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. The 

Commission is 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 Commission is authorized to 

communicate directly with each Defendant. Defendant 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.

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 18 of 22 Page ID #:72
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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 Individual 

Defendants, pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. 

§1681b(a)(1).

XVI. 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.

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 19 of 22 Page ID #:73
Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 20 of 22 Page ID #:74

1 

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5 

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7 

Federal Trade Commission 

8 600 Pennsylvania Ave., N.W. 

9 Mailstop CC-6316 

Washington, D.C. 20580 

10 Telephone: (202) 326-2788 

11 Fax: (202) 326-3259 

cestep@ftc.gov 

12 

13 

Aaron Schue (Local Counsel) 

14 aschue@ftc.gov; (310) 824-4306 

SO STIPULATED AND AGREED: 

FOR PLAINTIFF: 

FEDERAL TRADE COMMISSION 

15 Federal Trade Commission 

10990 Wilshire Blvd., Suite 400 

16 Los Angeles, CA 90024 

17 Fax: (310) 824-4380 

18 

19 

20 

21 

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23 

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27 

28 

20 


Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 21 of 22 Page ID #:75

I FOR DEFENDA TS: 

2 cJZ..~~ 

3 

4 JOHN E. VILLAFRANCO 

Kelley Drye & Warren LL.P. 

S Washington Harbour, 

6 3050 K Street, N.W. 

Washington D.C. 20007 

7 (202) 342.8423 

8 (202) 342~8451 (fax) 

1 jviUafranco@kelleydrye.com 

9 ' 

10 

DEFENDANTS: 

11 

::~L~~-

14 BY KYLE ARMSTRONG, CEO 

IS 

16 

KYL~A'-J STRO G, INDIVID ~--z=,,-,Q 17 AND AS AN OFFICER OF REJUVICA LLC 

:: .~ 

20 1 KYLE DILG~ALLY 

AND AS AN OFFICER OF REJUVICA LLC 21 

22 

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2S 

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21 

Dale:, ____ _ 

Date:5'l30 I 23 

Date: s I '3D l 2 3 

Date: 5/~v] 
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ATTACHMENT A

[On Rejuvica Letterhead]

[on envelope]

IMPORTANT NOTICE ABOUT COURT SETTLEMENT 

REGARDING SOBRENIX 

[content of letter, 16-point font]

Dear [Recipient]:

The Federal Trade Commission (FTC), the nation’s 

consumer protection agency, has sued us for deceptive 

advertising. The FTC says that we:

1. Made misleading claims that Sobrenix reduces or eliminates 

cravings for alcohol; 

2. Made misleading claims that Sobrenix enables users to 

reduce or even eliminate their consumption of alcohol; and 

3. Made misleading claims that Sobrenix helps users control 

their drinking.

The FTC says there’s no reliable scientific evidence to back up our 

claims. We stopped making the claims and have agreed not to make 

them in the future.

You can find out more about the FTC’s lawsuit at [URL].

Sincerely,

[Rejuvica] 

Case 8:23-cv-01286 Document 4 Filed 07/18/23 Page 22 of 22 Page ID #:76
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UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

REJUVICA LLC, a California limited 

liability company, also d/b/a Rejuvica 

Health;

KYLE ARMSTRONG, individually and 

as an owner, officer, or member of 

REJUVICA LLC; and 

KYLE DILGER, individually and as an 

owner, officer, or member of REJUVICA 

LLC,

Defendants.

Case No. 8:23-cv-1286

[PROPOSED] STIPULATED

ORDER FOR PERMANENT

INJUNCTION, MONETARY 

RELIEF, AND OTHER 

RELIEF

Plaintiff, the Federal Trade Commission (“Commission” or “FTC”), filed its 

Complaint For Permanent Injunction, Monetary Judgment, and Other Relief 

Case 8:23-cv-01286 Document 4-1 Filed 07/18/23 Page 1 of 20 Page ID #:77
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(“Complaint”), for a permanent injunction, monetary relief, and other relief in this 

matter, pursuant to Sections 5(a)(1), 12, 13(b), and 19 of the Federal Trade 

Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a)(1), 52, 53(b), and 57b, and 

Section 8023 of the Opioid Addiction Recovery Fraud Prevention Act of 2018, 15 

U.S.C. § 45d (“OARFPA”). The Commission and Defendants stipulate to the entry 

of this Stipulated Order for Permanent Injunction, Monetary Relief, and Other 

Relief (“Order”) to resolve all matters in dispute in this action between them.

THEREFORE, IT IS ORDERED as follows:

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

in the advertising, marketing, and sale of Sobrenix, and in the advertising and 

marketing of other Rejuvica products. The Complaint also charges that the 

Defendants’ deceptive acts or practices in the advertising, marketing, and sale of 

Sobrenix violated Section 8023 of OARFPA.

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

Complaint, except as specifically stated in this Order. Only for purposes of this 

action, Defendants admit the facts necessary to establish jurisdiction.

4. 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 fees.

5. Defendants and the Commission 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:

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

B. “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.

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

Pharmacopeia, 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.

D. “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.

Case 8:23-cv-01286 Document 4-1 Filed 07/18/23 Page 3 of 20 Page ID #:79
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E. “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.

F. “Defendants” means all of the Individual Defendants and the 

Corporate Defendant, individually, collectively, or in any combination. 

1. “Corporate Defendant” means Rejuvica LLC, also d/b/a 

Rejuvica Health, and its successors and assigns.

2. “Individual Defendants” means Kyle Armstrong and Kyle 

Dilger.

ORDER

I. PROHIBITED REPRESENTATIONS: REGARDING HEALTHRELATED CLAIMS REQUIRING HUMAN CLINICAL TESTING 

FOR SUBSTANTIATION

IT IS ORDERED that Defendants, Defendants’ 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, expressly or by implication, including through the use 

of a product or program name, endorsement, depiction, or illustration, any 

representation that such product or service:

A. Reduces or eliminates cravings for alcohol;

B. Enables users to reduce or eliminate their consumption of alcohol;

C. Assists users to regain control of their problematic drinking;

D. Cures, mitigates, or treats any substance use disorder or symptom of a 

substance use disorder; or

E. Cures, mitigates, or treats any disease; 

Case 8:23-cv-01286 Document 4-1 Filed 07/18/23 Page 4 of 20 Page ID #:80
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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 must 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 must be: (1) 

randomized, double-blind, and placebo-controlled; and (2) conducted 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.

II. PROHIBITED REPRESENTATIONS: OTHER HEALTH-RELATED 

CLAIMS

IT IS FURTHER ORDERED that Defendants, Defendants’ 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, expressly or by implication, 

including through the use of a product or program name, endorsement, depiction, 

or illustration, any representation, other than representations covered under the 

Case 8:23-cv-01286 Document 4-1 Filed 07/18/23 Page 5 of 20 Page ID #:81
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Section of this Order entitled Prohibited Representations: Regarding HealthRelated Claims Requiring Human Clinical Testing For Substantiation, about the 

health benefits, performance, efficacy, safety, or side effects of any Covered 

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

such representation, they 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.

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.

III. 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 

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study (“test”) upon which Defendants rely to substantiate any claim covered by 

this Order, Defendants must 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;

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) any Defendant; (2) any Defendant’s officers, agents, 

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

participation with any Defendant; (4) any person or entity affiliated with or acting 

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on behalf of any Defendant; (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 

Defendants, Defendants 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 be documented in 

writing and must contain administrative, technical, and physical safeguards 

appropriate to Corporate Defendants’ size and complexity, the nature and scope of 

Defendants’ activities, and the sensitivity of the personal information collected 

from or about the participants.

IV. PROHIBITED REPRESENTATIONS: TESTS, STUDIES, OR OTHER 

RESEARCH

IT IS FURTHER ORDERED that Defendants, Defendants’ 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, expressly or by 

implication, including through the use of a product or program name, endorsement, 

depiction, or illustration:

A. That the product is clinically proven to reduce or eliminate alcohol 

cravings or alcohol consumption;

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

clinically proven or otherwise established; or

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

interpretations of any test, study, or other research.

V. FDA-APPROVED CLAIMS

IT IS FURTHER ORDERED that nothing in this Order prohibits 

Defendants, Defendants’ 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.

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VI. PROHIBITED MISREPRESENTATIONS: DECEPTIVELY 

FORMATTED ADVERTISING

IT IS FURTHER ORDERED that Defendants, Defendants’ 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 product or service are 

permanently restrained and enjoined from misrepresenting, expressly or by 

implication:

A. That statements made by paid spokespersons are independent opinions 

by impartial experts; or

B. That paid commercial advertising is an independent opinion of an 

objective source.

VII. PROHIBITED MISREPRESENTATIONS: ENDORSEMENTS 

IT IS FURTHER ORDERED that Defendants, Defendants’ 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 product or service are 

permanently restrained and enjoined from misrepresenting, expressly or by

implication:

A. That any reviewing entity is an independent organization or provides 

objective information about such product;

B. That any review of such product reflects the opinion of an expert; or

C. That such product is endorsed by an independent party.

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VIII. JUDGMENT FOR MONETARY RELIEF 

IT IS FURTHER ORDERED that:

A. Judgment in the amount of Three Million, Two Hundred Forty-Seven 

Thousand, Seven Hundred and Thirty-Seven Dollars ($3,247,737) is entered in 

favor of the Commission against Individual Defendants and Corporate Defendant, 

jointly and severally, as monetary relief.

B. Defendants are ordered to pay to the Commission Six Hundred Fifty 

Thousand Dollars ($650,000). Such payment must be made within 7 days of entry 

of this Order by electronic fund transfer in accordance with instructions previously 

provided by a representative of the Commission. Upon such payment, the 

remainder of the judgment is suspended, subject to the Subsections below. 

C. In the event Defendants fail to pay Six Hundred Fifty Thousand 

Dollars ($650,000) within seven (7) days of entry of this Order, Defendants shall 

be in default and the full amount of the judgment in Subsection A shall 

immediately become due, plus interest from the date of entry of this judgment 

pursuant to 28 U.S.C. § 1961, less any payment already made. Provided, however, 

that in the event of default, the judgment amount set forth in Subsection A above 

shall not become due if the Defendants cure such default within fourteen (14) 

calendar days. 

D. The Commission’s agreement to the suspension of part of the 

judgment is expressly premised upon the truthfulness, accuracy, and completeness 

of Defendants’ sworn financial statements and related documents (collectively, 

“financial representations”) submitted to the Commission, namely: 

1. the Financial Statements of Individual Defendant Kyle 

Armstrong signed on August 30, 2022, October 31, 2022, and 

January 4, 2023, including the attachments;

2. the Financial Statement of Individual Defendant Kyle Dilger 

signed on August 30, 2022, including the attachments;

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3. the Financial Statement of Corporate Defendant Rejuvica LLC 

signed by Kyle Dilger, Chief Operating Officer, on August 31, 

2022, including the attachments; 

4. the additional documentation submitted by Defendants’ counsel 

to Commission counsel on September 13, 2022; 

5. the additional documentation submitted by Defendants’ counsel 

John Villafranco to Commission counsel Shira Modell and 

Courtney Estep on November 3, 2022; and

6. the additional documentation submitted by Defendants’ counsel 

John Villafranco to Commission counsel Shira Modell and 

Courtney Estep on December 19, 2022. 

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

upon motion by the Commission, the Court finds that Defendant failed to disclose 

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

material misstatement or omission in the financial representations identified above.

F. If the suspension of the judgment is lifted pursuant to Subsection E 

above, the judgment becomes immediately due as to that Defendant in the amount 

specified in Subsection A above (which the parties stipulate only for purposes of 

this Section VIII of this Order represents the consumer injury alleged in the 

Complaint), less any payment previously made pursuant to this Section, plus 

interest computed from the date of entry of this Order.

IX. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that:

A. 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.

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B. The facts alleged in the Complaint will be taken as true, without 

further proof, in any subsequent civil litigation by or on behalf of the Commission, 

including in a proceeding to enforce its rights to any payment or monetary 

judgment pursuant to this Order, such as a nondischargeability complaint in any 

bankruptcy case.

C. The facts alleged in the Complaint establish all elements necessary to 

sustain an action by the Commission pursuant to Section 523(a)(2)(A) of the 

Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral 

estoppel effect for such purposes.

D. Defendants acknowledge that their Taxpayer Identification Numbers 

(Social Security Numbers or Employer Identification Numbers), which Defendants 

previously submitted to the Commission, may be used for collecting and reporting 

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

§7701.

E. All money received by the Commission pursuant to this Order may be 

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

for consumer relief, such as redress and any attendant expenses for the 

administration of any redress fund. If a representative of the Commission decides 

that direct redress to consumers is wholly or partially impracticable or money 

remains after such redress is completed, the Commission may apply any remaining 

money for such related relief (including consumer information remedies) as it 

determines to be reasonably related to Defendants’ practices alleged in the 

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

Defendants have no right to challenge any actions the Commission or its 

representatives may take pursuant to this Subsection.

X. CUSTOMER INFORMATION

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

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employees, and attorneys, 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 the requested information they possess or control, in the form 

prescribed by the Commission, within 14 days.

B. disclosing 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 sale of Sobrenix.

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. 

XI. NOTICE TO PURCHASERS

IT IS FURTHER ORDERED that within 30 days of entry of this Order, 

Defendants shall send by first class mail an exact copy of the notice attached as 

Attachment A, showing the date of mailing, to any consumer for whom Defendants 

have provided information to the Commission pursuant to Section X of this Order.

XII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of 

receipt of this Order:

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A. Each Defendant, 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 5 years after entry of this Order, each Individual Defendant for 

any business that such Defendant, individually or collectively with any other 

Defendants, is the majority owner of or controls directly or indirectly, and each 

Corporate Defendant, 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 the advertising or promotion 

of a Covered Product; 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.

XIII. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Defendants make timely submissions to 

the Commission:

A. One year 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 representatives of the Commission 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 

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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 Defendants must 

describe if they know or should know due to their 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 the Commission.

2. Additionally, each 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 an 

employee 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 20 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 contact; or (b) the structure of any Corporate Defendant or any 

entity that 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.

2. Additionally, each Individual Defendant must report any 

change in: (a) name, including aliases or fictitious name, or residence 

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address; or (b) 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.

C. Each Defendant 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. Rejuvica LLC.

XIV. RECORDKEEPING

IT IS FURTHER ORDERED that Defendants must create certain records for 

20 years after entry of the Order, and retain each such record for 5 years. 

Specifically, Corporate Defendant in connection with the advertising or promotion 

of any Covered Product and each Individual Defendant for any business that such 

Defendant, individually or collectively with any other Defendants, is a majority 

owner of or controls directly or indirectly, must create and retain the following 

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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. all records necessary to demonstrate full compliance with each 

provision of this Order, including all submissions to the Commission; and

D. a copy of each unique advertisement or other marketing material. 

XV. 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, 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. The 

Commission is 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 Commission is authorized to 

communicate directly with each Defendant. Defendant 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.

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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 Individual 

Defendants, pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. 

§1681b(a)(1).

XVI. 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 ____ day of __________ 2023. 

 

UNITED STATES DISTRICT JUDGE

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ATTACHMENT A

[On Rejuvica Letterhead]

[on envelope]

IMPORTANT NOTICE ABOUT COURT SETTLEMENT 

REGARDING SOBRENIX 

[content of letter, 16-point font]

Dear [Recipient]:

The Federal Trade Commission (FTC), the nation’s 

consumer protection agency, has sued us for deceptive 

advertising. The FTC says that we:

1. Made misleading claims that Sobrenix reduces or eliminates 

cravings for alcohol; 

2. Made misleading claims that Sobrenix enables users to 

reduce or even eliminate their consumption of alcohol; and 

3. Made misleading claims that Sobrenix helps users control 

their drinking.

The FTC says there’s no reliable scientific evidence to back up our 

claims. We stopped making the claims and have agreed not to make 

them in the future.

You can find out more about the FTC’s lawsuit at [URL].

Sincerely,

[Rejuvica] 

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