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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

FEDERAL TRADE COMMISSION,

Plaintiff,

v. 

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 coowner of K W TECHNOLOGY NV INC.,

Defendants

Case No. 23-cv-06633-MKB-CLP

STIPULATED ORDER FOR PERMANENT INJUNCTION, MONETARY 

JUDGMENT, CIVIL PENALTY JUDGMENT, AND OTHER RELIEF AGAINST 

K W TECHNOLOGY INC., K W TECHNOLOGY NV INC., AND GARY KONG

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

for Permanent Injunction, Monetary Relief, Civil Penalties, and Other Relief (“Complaint”) in 

this matter for a permanent injunction, monetary relief, civil penalties, and other relief, pursuant 

to Sections 5(a)(1), 5(m)(1)(A), 12, 13(b), and 19 of the Federal Trade Commission Act (“FTC 

Act”), 15 U.S.C. §§ 45(a)(1), 45(m)(1)(A), 52, 53(b), , and 57b, and Section 1401 of the 

COVID-19 Consumer Protection Act of the 2021 Consolidated Appropriations Act (“CCPA”), 

Pub. L. No. 116-260, 134 Stat. 1182, 3275-76 (2020). Settling Defendants have waived service 

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of the summons and the Complaint. The Commission and Settling Defendants stipulate to the 

entry of this Stipulated Order for Permanent Injunction, Monetary Judgment, Civil Penalty 

Judgment, 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 Settling Defendants engaged in unfair or deceptive 

acts or practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and disseminated 

false advertisements in or affecting commerce for the purpose of inducing, or which were likely 

to induce, the purchase of devices in violation of Section 12 of the FTC Act, 15 U.S.C. § 52, in 

connection with the sale of the 1 Virus Buster Invisible Mask. 

3. Under the CCPA, for the duration of the ongoing novel coronavirus (COVID-19) 

public health emergency, it is unlawful 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. CCPA, § 1401(b)(1). 

4. A violation of Section 1401(b)(1) of the CCPA is 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). CCPA, § 1401(c)(1). 

5. Settling 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, Settling 

Defendants admit the facts necessary to establish jurisdiction.

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6. Settling Defendants waive any claims that they 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. 

7. Settling 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: 

A. “Clear and conspicuous” means that a required disclosure is difficult to miss (i.e., easily 

noticeable) and easily understandable by ordinary consumers, including in all of the 

following ways: 

1. In any communication that is solely visual or solely audible, the 

disclosure must be made through the same means through which the 

communication is presented. In any communication made through 

both visual and audible means, such as a television advertisement, 

the disclosure must be presented simultaneously in both the visual 

and audible portions of the communication even if the 

representation requiring the disclosure is made in only one means. 

2. A visual disclosure, by its size, contrast, location, the length of time 

it appears, and other characteristics, must stand out from any 

accompanying text or other visual elements so that it is easily 

noticed, read, and understood. 

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3. An audible disclosure, including by telephone or streaming video, 

must be delivered in a volume, speed, and cadence sufficient for 

ordinary consumers to easily hear and understand it. 

4. In any communication using an interactive electronic medium, such 

as the Internet or software, the disclosure must be unavoidable. 

5. On a product label, the disclosure must be presented on the principal 

display panel. 

6. The disclosure must appear in each language in which the 

representation that requires the disclosure appears.

7. The disclosure must comply with these requirements in each 

medium through which it is received, including all electronic 

devices and face-to-face communications.

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

inconsistent with, anything else in the communication.

9. When the representation or sales practice targets a specific audience, 

such as children, the elderly, or the terminally ill, “ordinary 

consumers” includes reasonable members of that group. 

B. “Covered Product(s)” means all products, including the 1 Virus Buster Invisible Mask. 

C. “Settling Defendants” means K W Technology Inc., K W Technology NV Inc., and 

Gary Kong, individually or collectively or in any combination. 

i. “Corporate Settling Defendants” means K W Technology Inc. and K W 

Technology NV Inc., and their successors and assigns. 

ii. “Individual Settling Defendant” means Gary Kong. 

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ORDER

I. BAN AGAINST COVID-19 PREVENTION OR TREATMENT CLAIMS

IT IS ORDERED that Settling Defendants, Settling 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, are permanently restrained and enjoined from making any representation that such 

product prevents or reduces the likelihood of infection with, or community transmission of, the 

SARS-CoV-2 virus, or otherwise cures, mitigates, or treats COVID-19, unless the Food and 

Drug Administration has specifically approved the representation. 

II. PROHIBITED REPRESENTATIONS: HEALTH-RELATED CLAIMS 

REQUIRING HUMAN CLINICAL TESTING FOR SUBSTANTIATION

IT IS FURTHER ORDERED that Settling Defendants, Settling 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, or 

assisting others in making, expressly or by implication, any representation, other than

representations covered under the Section of this Order titled “Ban Against COVID-19 

Prevention or Treatment Claims,” that such product prevents, cures, mitigates, or treats any 

disease, 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. 

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For purposes of this Section, competent and reliable scientific evidence must consist of 

human clinical testing of the Covered 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 titled “Preservation of Records Relating to Competent and Reliable 

Human Clinical Tests or Studies” must be available for inspection and production to the 

Commission. 

III. PROHIBITED REPRESENTATIONS: OTHER CLAIMS

IT IS FURTHER ORDERED that Settling Defendants, Settling 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, any representation, other than any representations covered under the 

Sections of this Order titled “Ban Against COVID-19 Prevention or Treatment Claims” and

“Prohibited Representations: Health-Related 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 a reasonable basis for the representation, including 

competent and reliable scientific evidence that is sufficient in quality and quantity based on 

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standards generally accepted by experts in the relevant disease, condition, or function to which 

the representation relates, when considered in light of the entire body of relevant and reliable 

scientific evidence, to substantiate that the representation is true. 

For purposes of this Section, “competent and reliable scientific evidence” means tests, analyses, 

research, or studies: (1) that have been conducted and evaluated in an objective manner by 

experts in the relevant disease, condition, or function to which the representation relates; (2) that 

are generally accepted by such experts to yield accurate and reliable results; and (3) that are 

randomized, double-blind, and placebo-controlled human clinical testing of the Covered Product, 

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 titled “Preservation of 

Records Relating to Competent and Reliable Human Clinical Tests or Studies” must be available 

for inspection and production to the Commission. 

IV. PRESERVATION OF RECORDS RELATING TO COMPETENT AND 

RELIABLE HUMAN CLINICAL TESTS OR STUDIES

IT IS FURTHER ORDERED that, with regard to any human clinical test or study 

(“test”) upon which Settling Defendants rely to substantiate any claim covered by this Order, 

Settling 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; 

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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) Settling Defendants; (2) Settling Defendants’ officers, agents, representatives, or employees; 

(3) any other person or entity in active concert or participation with Settling Defendants; (4) any 

person or entity affiliated with or acting on behalf of Settling Defendants; (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.

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V. PROHIBITED MISREPRESENTATIONS REGARDING TESTS, STUDIES, 

OTHER RESEARCH, OR INGREDIENTS

IT IS FURTHER ORDERED that Settling Defendants, Settling 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, in any manner, expressly or by implication: 

A. that the performance or benefits of any Covered Product are scientifically or 

clinically proven or otherwise established; or 

B. the existence, contents, validity, results, conclusions, interpretations of any test, 

study, or other research, or ingredients.

VI. PROHIBITED MISREPRESENTATIONS REGARDING MAKING

GOVERNMENT-APPROVED CLAIMS

IT IS FURTHER ORDERED that Settling Defendants, Settling 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, or through the use of the governmental entity’s logo, are 

permanently restrained and enjoined from misrepresenting, in any manner, expressly or by 

implication: 

A. A governmental entity’s approval for Settling Defendants to make the products, or 

approval of any efficacy claims about Settling Defendants’ products, or approval of Settling 

Defendants’ facilities for making the products. 

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B. A governmental entity’s approval, clearance, authorization, or review through the 

use or display of a registration certificate that was not issued by that governmental entity. 

VII. JUDGMENT FOR MONETARY RELIEF

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of One Hundred Five Thousand Eight Hundred and 

Twenty-One Dollars ($105,821.00) entered in favor of the Commission against Settling 

Defendants as monetary relief.

B. Settling Defendants are ordered to pay to the Commission by making payment to 

the Treasurer of the United States, One Hundred Five Thousand Eight Hundred and Twenty-One 

Dollars ($105,821.00), which, as Settling Defendants stipulate, their undersigned counsel holds 

in escrow for no purpose other than payment to the Commission. 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. 

VIII. JUDGMENT FOR CIVIL PENALTY

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of Forty-four Thousand One Hundred Seventy-Nine

Dollars ($44,179.00) is entered in favor of the Commission against Settling Defendants, as a 

civil penalty.

B. Settling Defendants are ordered to pay to the Commission, by making payment to 

the Treasurer of the United States, Forty-four Thousand One Hundred Seventy-Nine Dollars 

($44,179.00) which, as Settling Defendants stipulate, their undersigned counsel holds in escrow 

for no purpose other than payment to the Commission. 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. 

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IX. ADDITIONAL MONETARY PROVISIONS

IT IS FURTHER ORDERED that:

A. Settling 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.

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. Settling Defendants agree that the civil penalty judgment represents a civil 

penalty owed to the government of the United States, is not compensation for actual pecuniary 

loss, and, therefore, as to Individual Settling Defendants, it is not subject to discharge under the 

Bankruptcy Code pursuant to 11 U.S.C. § 523(a)(7). 

E. Settling Defendants acknowledge that their Taxpayer Identification Numbers 

(Social Security Numbers or Employer Identification Numbers), which Settling 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. 

F. 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 

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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 Settling Defendants’ practices alleged in the Complaint. 

Any money not used for relief is to be deposited to the U.S. Treasury as an additional civil 

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

representatives may take pursuant to this Subsection. 

X. NOTICE TO CONSUMERS

IT IS FURTHER ORDERED that Settling Defendants must post a clear and 

conspicuous notice on all websites and social media accounts (including private accounts and 

private group accounts) that Settling Defendants control and use or have used to promote the 1 

Virus Buster Invisible Mask. Unless a representative of the Commission directs otherwise in 

writing, such notice must state, “We paid $150,000 to settle an FTC lawsuit that alleged we 

made deceptive claims about the 1 Virus Buster Invisible Mask. The 1 Virus Buster Invisible 

Mask does not prevent COVID-19. Learn more:” and provide a link to the Commission’s press 

release announcing this Order. The notice must not contain any material other than the content 

specified in this Section. The notice must be posted in accordance with the applicable time 

period specified in Subsection A or B: 

A. For websites and social media accounts active as of the date of this Order’s entry, 

the notice must be posted no later than 7 days after entry of this Order and thereafter for at least 1 

year.

B. For any new websites or social media accounts created within 1 year of this 

Order’s entry, or for any currently inactive websites or social media accounts that become active 

within 1 year of this Order’s entry, the notice must be posted immediately upon creation or 

activation and thereafter for at least 1 year. For purposes of this Section, “active” describes a 

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website or social media account that is accessible to anyone other than Settling Defendants and 

“inactive” describes a website or social media account that is inaccessible to anyone other than 

Settling Defendants.

XI. NOTICE TO MARKETERS, ADVERTISERS, SELLERS AND DISTRIBUTORS

IT IS FURTHER ORDERED that no later than 7 days after entry of this Order, Settling 

Defendants must send a notice in the form shown in Attachment A to each marketer, advertiser, 

seller, and distributor of the 1 Virus Buster Invisible Mask, or similar products, as of the entry 

date of this Order: (i) via email; and (ii) via the primary electronic means in which they 

communicated with the marketers, advertisers, sellers, and distributors of the 1 Virus Buster 

Invisible Mask products, if other than email. Unless a representative of the Commission directs 

otherwise in writing, the subject line of the communication(s) containing the notice must read: 

“Notice of Settlement of FTC Deceptive Advertising Case.” The communication(s) containing 

the notice should otherwise contain no other document, enclosure, or text other than that 

specified in Attachment A. 

XII. COOPERATION

IT IS FURTHER ORDERED that Settling Defendants must fully cooperate with 

representatives of the Commission in this case and in any investigation related to or associated 

with the transactions or the occurrences that are the subject of the Complaint. Settling 

Defendants must provide truthful and complete information, evidence, and testimony. Such 

Individual Settling Defendants must appear and such Corporate Settling Defendants must cause 

Settling Defendants’ officers, employees, representatives, or agents to appear for interviews, 

depositions, discovery, hearings, trials, and any other proceedings that a Commission 

representative may reasonably request upon reasonable notice, at such places and times as a 

Commission representative may reasonably request upon 5 days written notice, or other 

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reasonable notice, at such places and times as a Commission representative may designate, 

without the service of a subpoena. 

XIII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that each Settling Defendant obtain acknowledgments of 

receipt of this Order: 

A. Each Settling 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 20 years after entry of this Order, Individual Settling Defendant for any 

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

Defendant, is the majority owner or controls directly or indirectly, and each Corporate Settling 

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 conduct 

related to the subject matter of the Order; and (3) any business entity resulting from any change 

in structure as set forth in the Section titled “Compliance Reporting.” Delivery must occur within 

7 days of entry of this Order for current personnel. For all others, delivery must occur before 

they assume their responsibilities.

C. From each individual or entity to which a Settling Defendant delivered a copy of 

this Order, Settling Defendant must obtain, within 30 days, a signed and dated acknowledgment 

of receipt of this Order.

XIV. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Settling Defendants make timely submissions to the

Commission:

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A. Ninety days after entry of this Order, each Settling Defendant must submit a 

compliance report, sworn under penalty of perjury: 

1. Each Settling 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 Settling 

Defendant; (b) identify all of Settling Defendant’s businesses by all of their 

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

(c) describe the activities of each business, including the goods and services 

offered, the means of advertising, marketing, and sales, and the involvement of 

any other Defendant, which Individual Settling Defendants must describe if they 

know or should know due to their own involvement; (d) describe in detail whether 

and how Settling Defendant is in compliance with each Section of this Order, 

including by providing (i) proof that the notices required by Sections X and XI 

were made, (ii) a list of websites and social media accounts (including private or 

group accounts) on which the notice required by Section X was made, and (iii) a 

list of all marketers, advertisers, sellers, and distributors who received the notice 

required by Section XI and a detailed explanation of any bouncebacks, replies, 

inability to reach any of Defendants’ marketers, advertisers, sellers, or

distributors, or other non-compliance with the provision; and (e) provide a copy 

of each Order Acknowledgment obtained pursuant to this Order, unless 

previously submitted to the Commission. 

2. Additionally, Individual Settling Defendant must: (a) identify all 

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

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including all residences; (b) identify all business activities, including any business 

for which such Settling Defendant performs services whether as an employee or 

otherwise and any entity in which such Settling Defendant has any ownership 

interest; and (c) describe in detail such Settling 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 Settling Defendant must submit a 

compliance notice, sworn under penalty of perjury, within 14 days of any change in the 

following: 

1. Settling Defendant must report any change in: (a) any designated 

point of contact; or (b) the structure of any Corporate Settling Defendant or any 

entity that Settling 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, Individual Settling Defendant must report any 

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

(b) title or role in any business activity, including any business for which such 

Settling Defendant performs services whether as an employee or otherwise and 

any entity in which such Settling Defendant has any ownership interest, and 

identify the name, physical address, and any Internet address of the business or 

entity.

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C. Each Settling Defendant must submit to the Commission notice of the filing of 

any bankruptcy petition, insolvency proceeding, or similar proceeding by or against such Settling 

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. K W Technology Inc.

XV. RECORDKEEPING

IT IS FURTHER ORDERED that Settling Defendants must create certain records for

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

business that each Corporate Settling Defendant and Individual Settling Defendant for any 

business that such Settling Defendant, individually or collectively with any other Defendants, is 

a majority owner or controls directly or indirectly, Settling Defendants must create and retain the 

following records: 

A. accounting records showing the revenues from all products 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;

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C. records of all consumer complaints and refund requests, whether received directly 

or indirectly, such as through a third party, and any response; 

D. all records necessary to demonstrate full compliance with each Section of this 

Order, including all submissions to the Commission and all records related to the notices 

required by Sections X and XI; and

E. a copy of each unique advertisement or other marketing material making any 

representation covered by Sections I, II, III, V, and VI of this Order.

XVI. COMPLIANCE MONITORING

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

compliance with this Order:

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

Commission, each Settling 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 Settling Defendants. Settling Defendants must permit representatives of the 

Commission to interview any employee or other person affiliated with Settling Defendants who 

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

C. The Commission may use all other lawful means, including posing, through its 

representatives as consumers, suppliers, or other individuals or entities, to Settling Defendants or 

any individual or entity affiliated with Settling Defendants, without the necessity of 

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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 Settling Defendant, 

pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. §1681b(a)(1).

XVII. 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 , 202_. 

________________________________

UNITED STATES DISTRICT JUDGE

Case 1:23-cv-06633-MKB-CLP Document 14-2 Filed 10/23/23 Page 19 of 22 PageID #: 105
Page 20 of 22 

SO STIPULATED AND AGREED:

FOR PLAINTIFF:

FEDERAL TRADE COMMISSION

 Date: 

ROBIN L. ROCK

Attorney 

Southeast Region 

Bureau of Consumer Protection

FEDERAL TRADE COMMISSION

233 Peachtree St, NE 

Suite 1000 

Atlanta, GA 30303 

(404) 656-1368 

Email: rrock@ftc.gov 

10/23/2023

Case 1:23-cv-06633-MKB-CLP Document 14-2 Filed 10/23/23 Page 20 of 22 PageID #: 106
Case 1:23-cv-06633-MKB-CLP Document 14-2 Filed 10/23/23 Page 21 of 22 PageID #: 107

FOR DEFENDANTS: 

';) Date: __ 5_,_/_8-'----/J_3 _ _ 

Date: __ -_, _,_/ _&_/-_2.~_5 _ _ 

Date: _ ·Jj_,_-/4_/t-_.3_ 

COUNSEL FOR DEFENDANTS KW TECHNOLOGY INC., KW TECHNOLOGY NV 

INC. AND GARj1 KONG: 

,4 ~ Date: 

Peters1⁄4(Esq. 

J/ti/z, / 

~ Sim & DePaola 

42-40 Bell Boulevard - Suite 405 

Bayside, New York 11361 

Office Tel: (718) 281-0400 

Office Fax: (718) 631-2700 

psi m@simc.iepaola. corn 

petersimesq@yahoo.com 

Page 22 of23 
Page 22 of 22 

ATTACHMENT A: NOTICE TO MARKETERS, ADVERTISERS, SELLERS AND

DISTRIBUTORS

Subject: Notice of Settlement of FTC Deceptive Advertising Case

To all marketers, advertisers, and sellers of K W Technology’s The 1 Virus Buster Invisible 

Mask: 

The Federal Trade Commission (FTC), the nation’s consumer protection agency, has sued us for 

deceptively advertising that certain products of K W Technology can prevent COVID-19. 

Contrary to what we advertised, there is no competent and reliable scientific proof that these 

claims were true. Products marketed as the 1 Virus Buster Invisible Mask or similar products

will not prevent or reduce the chances of contracting COVID-19. The 1 Virus Buster Invisible 

Mask, or similar products, have no known benefit related to COVID-19. As part of this 

settlement with the FTC, we agreed to stop making these claims.

You should not make any claims that the 1 Virus Buster Invisible Mask, or similar products, can 

prevent COVID-19, prevent or reduce the likelihood of infection with, or community 

transmission of, the SARS-CoV-2 virus, or otherwise cure, mitigate, or treat COVID-19. You 

should remove any posts, displays, or other materials on display that include any of the deceptive 

claims. 

For more information about this lawsuit, visit [link to the Commission’s press release 

announcing this Order]. 

You and your customers can also learn how to spot and avoid false and unproven COVID-19 

product claims at ftc.gov/coronavirus. 

Thank you for your attention and we greatly appreciate your cooperation in this matter. 

Sincerely, 

Gary Kong 

K W Technology Inc. 

K W Technology NV Inc. 

Case 1:23-cv-06633-MKB-CLP Document 14-2 Filed 10/23/23 Page 22 of 22 PageID #: 108