1

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

United States of America,

Plaintiff,

v.

Michael J. Connors,   

ProTouch Marketing, LLC, a limited

liability company, also d/b/a Smart Day

Supplements,

Woodford Hills, LLC, a limited liability

company,

Oakhill Research, LLC, a limited liability

company,   

Evergreen Marketing, LLC, a limited

liability company,   

Sterling Health, LLC, a limited liability

company, and

Clara Vista Media, LLC, a limited liability

company,   

Defendants.

Case No. 2:23‐cv‐475

Joint Motion for Entry of

Stipulated Order for Permanent

Injunction, Monetary

Judgment, Civil Penalty

Judgment, and Other Relief

JOINT MOTION FOR ENTRY OF STIPULATED ORDER

Plaintiff, the United States of America, acting upon notification and

authorization to the Attorney General by the Federal Trade Commission (“FTC”

or “Commission”), filed its Complaint for Permanent Injunction, Monetary

Judgment, Civil Penalty Judgment, and Other Relief against Defendant Michael J.

Connors, et. al, for alleged violations under Sections 5(a)(1), 5(m)(1)(A), 12, 13(b),

Case 2:23-cv-00475 Document 2 Filed 06/29/23 Page 1 of 6 PageID 284
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16(a), and 19 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§

45(a)(1), 45(m)(1)(A), 52, 53(b), 56(a), and 57b; and Section 8023 of the Opioid

Addiction Recovery Fraud Prevention Act of 2018 (“OARFPA”), 15 U.S.C. § 45d.   

The parties have resolved all issues in dispute in this action through the

Proposed Stipulated Order for Permanent Injunction, Monetary Judgment, Civil

Penalty Judgment, and Other Relief. Under the terms of the Stipulated Order,

Defendants have agreed to a $7,146,046 monetary judgment to redress injuries to

consumers, as well as a $500,000 civil penalty for the OARFPA violations.

Defendants also agreed to various injunctive provisions and additional monetary

provisions, as set forth in Stipulated Order.   

Defendants have waived service of the summons and the Complaint. In

light of the agreed‐upon resolution for this action, the parties respectfully request

that the Court enter the attached Stipulated Order as its final order and judgment

in the case.   

Dated: June 29, 2023

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FOR PLAINTIFF:

THE UNITED STATES OF AMERICA

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General, Civil Division

ARUN G. RAO

Deputy Assistant Attorney General, Civil Division

AMANDA N. LISKAMM

Director, Consumer Protection Branch

GABRIEL H. SCANNAPIECO                                             

Assistant Director, Consumer Protection Branch

/s/ Mary M. Englehart    

MARY M. ENGLEHART

Senior Trial Attorney

Consumer Protection Branch

U.S. Department of Justice

P.O. Box 386

Washington, DC 20044‐0386

Telephone: 202‐307‐0088

Fax: 202‐514‐8742

Email: Megan.Englehart@usdoj.gov

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FEDERAL TRADE COMMISSION

/s/ Serena Viswanathan    

SERENA VISWANATHAN   

Associate Director

RICHARD A. QUARESIMA

Assistant Director

RAFAEL REYNERI

SHIRA D. MODELL

Attorneys

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580

Telephone: (202) 326‐3026

Fax: (202) 326‐3259

Email: rreyneri@ftc.gov

Email: smodell@ftc.gov

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FOR DEFENDANTS:

/s/ Alexandra Megaris

ALEXANDRA MEGARIS

PAGE A. KIM

Venable LLP

1270 Avenue of the Americas, Floor 25

New York, NY 10020

Telephone: (212) 370‐6210

Email: amegaris@venable.com

Counsel for MICHAEL J. CONNORS; PROTOUCH MARKETING, LLC;

WOODFORD HILLS, LLC; OAKHILL RESEARCH, LLC; EVERGREEN MARKETING, LLC;

STERLING HEALTH, LLC; and CLARA VISTA MEDIA, LLC

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CERTIFICATE OF SERVICE

I certify that on June 29, 2023, I caused a true and correct copy of the

above‐entitled Joint Motion for Entry of Stipulated Order to be served by

electronic mail to counsel for Defendants as follows:

Alexandra Megaris

Venable LLP

1270 Avenue of the Americas, Floor 25

New York, NY 10020

Telephone: (212) 370‐6210

Email: amegaris@venable.com

/s/ Mary M. Englehart    

MARY M. ENGLEHART

Senior Trial Attorney

Consumer Protection Branch

U.S. Department of Justice

P.O. Box 386

Washington, DC 20044‐0386

Telephone: 202‐307‐0088

Fax: 202‐514‐8742

Email: Megan.Englehart@usdoj.gov

Case 2:23-cv-00475 Document 2 Filed 06/29/23 Page 6 of 6 PageID 289
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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

United States of America,

Plaintiff,

v.

Michael J. Connors,   

ProTouch Marketing, LLC, a limited

liability company, also d/b/a Smart Day

Supplements,

Woodford Hills, LLC, a limited liability

company,

Oakhill Research, LLC, a limited liability

company,   

Evergreen Marketing, LLC, a limited

liability company,   

Sterling Health, LLC, a limited liability

company, and

Clara Vista Media, LLC, a limited liability

company,   

Defendants.

Case No. 2:23‐cv‐475

Stipulated Order for Permanent

Injunction, Monetary

Judgment, Civil Penalty

Judgment, and Other Relief

Plaintiff, the United States of America, acting upon notification and

authorization to the Attorney General by the Federal Trade Commission

(“Commission” or “FTC”), filed its Complaint for Permanent Injunction,

Monetary Relief, Civil Penalties, and Other Relief (“Complaint”), for permanent

injunctive relief, monetary relief, civil penalties, and other relief in this matter,

pursuant to Sections 5(a)(1), 5(m)(1)(A), 12, 13(b), 16(a), and 19 of the Federal

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

56(a), and 57b; and Section 8023 of the Opioid Addiction Recovery Fraud

Prevention Act of 2018 (“OARFPA”), 15 U.S.C. § 45d. Defendants have waived

service of the summons and the Complaint. Plaintiff and 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 Defendants participated in deceptive

acts or practices in violation of Sections 5 and 12 of the FTC Act, 15 U.S.C. §§ 45,

52, and Section 8023 of OARFPA, 15 U.S.C. § 45d, in the advertising, marketing,

promotion, offering for sale, sale, and distribution of Smoke Away‐branded

products as effective smoking cessation products that eliminate nicotine cravings

and withdrawal symptoms.

3. Defendants admit the allegations in the Complaint.   

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 Plaintiff waive all rights to appeal or otherwise

challenge or contest the validity of this Order.

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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. “Defendants” means all of Individual Defendant and Corporate

Defendants, individually, collectively, or in any combination.

1. “Corporate Defendants” means ProTouch Marketing, LLC,

also doing business as Smart Day Supplements; Woodford Hills, LLC;

Oakhill Research, LLC; Evergreen Marketing, LLC; Sterling Health, LLC;

Clara Vista Media, LLC; and their successors and assigns.

2. “Individual Defendant” means Michael J. Connors.

C. “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.

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

Pharmacopoeia, 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

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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.

E. “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.

F. “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.

ORDER

I. BAN ON SUBSTANCE USE DISORDER TREATMENT

PRODUCTS OR SERVICES

It is ordered that Defendants are permanently restrained and enjoined

from engaging, participating, or assisting, in any manner or in any capacity

whatsoever, in the advertising, marketing, promoting, offering for sale, selling,

or distribution of any substance use disorder treatment product or service,

including any smoking cessation product or service.   

For purposes of this Section, “substance use disorder treatment product or

service” means (1) any product for use or marketed for use in the treatment, cure,

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or prevention of a substance use disorder; or (2) any service that purports to

provide referrals to treatment, treatment, or recovery housing for people

diagnosed with, having, or purporting to have a substance use disorder.

For purposes of this Section, “smoking cessation product or service”

means any product or service that is advertised, marketed, promoted, offered for

sale, sold, or distributed for quitting smoking, eliminating or reducing the use of

cigarettes, or eliminating or reducing nicotine dependency, cravings, or

withdrawal symptoms.

II. PROHIBITED REPRESENTATIONS: HEALTH‐RELATED CLAIMS REQUIRING

HUMAN CLINICAL TESTING FOR SUBSTANTIATION

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 advertising, marketing, promotion, offering

for sale, sale, or distribution of any Covered Product not covered under the

Section of this Order entitled Ban on Substance Use Disorder Treatment Products

or Services, are permanently restrained and enjoined from making, or assisting

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

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

representation that such product:

A. cures, mitigates, or treats any substance use disorder or symptom of

a substance use disorder; or

B. cures, mitigates, or treats any disease

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unless the representation is non‐misleading, and, at the time of making such

representation, they possess and rely upon competent and reliable scientific

evidence substantiating that the representation is true. For purposes of this

Section, competent and reliable scientific evidence 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.

III. 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 advertising, marketing, promotion, offering

for sale, sale, or distribution of any Covered Product not covered under the

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Section of this Order entitled Ban on Substance Use Disorder Treatment Products

or Services, are permanently restrained and enjoined from making, or assisting

others in 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 Section of this

Order entitled Prohibited Representations: Health‐Related Claims Requiring

Human Clinical Testing For Substantiation, about the efficacy 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,

double‐blind, and placebo‐controlled human clinical testing of the Covered

Product, or of an Essentially Equivalent Product, when such experts would

generally require such human clinical testing to substantiate that the

representation is true. 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

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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.

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 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;

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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 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

any Defendant, such Defendant 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

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and scope of Defendants’ activities, and the sensitivity of the personal

information collected from or about the participants.

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.

VI. 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

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or indirectly, in connection with the advertising, marketing, promotion, offering

for sale, sale, or distribution of any good or service, are permanently restrained

and enjoined from misrepresenting or assisting others in misrepresenting,

expressly or by implication, (1) the status of any endorser or person providing a

review of the good or service, including a misrepresentation that the endorser or

reviewer is an independent or ordinary user of the good or service, or (2) that

any person or organization has endorsed any good or service.   

VII. JUDGMENT FOR MONETARY RELIEF

It is further ordered that judgment in the amount of Seven Million, One

Hundred Forty‐Six Thousand, Forty‐Six Dollars ($7,146,046) is entered in favor of

Plaintiff against Individual Defendant and Corporate Defendants, jointly and

severally, as monetary relief.

VIII. JUDGMENT FOR CIVIL PENALTY

It is further ordered that judgment in the amount of Five Hundred

Thousand Dollars ($500,000) is entered in favor of Plaintiff against Individual

Defendant and Corporate Defendants, jointly and severally, as a civil penalty.

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.

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

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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 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 Defendant, it is not subject

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

E. Defendants acknowledge that their Taxpayer Identification Numbers

(Social Security Numbers or Employer Identification Numbers), which

Defendants must submit 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 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

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U.S. Treasury as an additional civil penalty. 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,

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 advertising, marketing, promotion, offering

for sale, sale, or distribution of any good or service, are permanently restrained

and enjoined from directly or indirectly:   

A.    failing to provide sufficient customer information to enable the

Commission to efficiently administer consumer redress. If a representative of the

Commission requests in writing any information related to redress, Defendants

must provide it, in the form prescribed by the Commission, within 14 days.

B.    disclosing, using, or benefitting from customer information,

including the name, address, telephone number, email address, social security

number, other identifying information, or any data that enables access to a

customer’s account (including a credit card, bank account, or other financial

account), that any Defendant obtained prior to entry of this Order; and

C.    failing to destroy such customer information in all forms in their

possession, custody, or control within 30 days after entry of this Order.   

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.   

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XI. ORDER ACKNOWLEDGMENTS

It is further ordered that Defendants obtain acknowledgments of receipt

of this Order:

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

the Commission an acknowledgment of receipt of this Order sworn under

penalty of perjury.

B. For 5 years after entry of this Order, Individual Defendant, for any

business that Individual Defendant, individually or collectively with any other

Defendant, is the majority owner 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 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 Defendant delivered a

copy of this Order, that Defendant must obtain, within 30 days, a signed and

dated acknowledgment of receipt of this Order.

XII. COMPLIANCE REPORTING

It is further ordered that Defendants make timely submissions to the

Commission:

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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 and Plaintiff may use to

communicate with Defendant; (b) identify all of that Defendant’s

businesses by all of their names, telephone numbers, and physical, postal,

email, and Internet addresses; (c) describe the activities of each business,

including the goods and services offered, the means of advertising,

marketing, and sales, and the involvement of any other Defendant (which

Individual Defendant must describe if 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, 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 Individual Defendant performs services whether as an

employee or otherwise and any entity in which Individual Defendant has

any ownership interest; and (c) describe in detail Individual Defendant’s

involvement in each such business, including title, role, responsibilities,

participation, authority, control, and any ownership.

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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

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.

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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: United States of America v. Connors (No. [‐]).

XIII. 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, each Corporate Defendant and Individual Defendant, for any

business that such Defendant, individually or collectively with any other

Defendants, is a majority owner or controls directly or indirectly, must create

and retain the following records:

A. accounting records showing the revenues from all goods or services

sold;

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. records of all consumer complaints and refund requests, whether

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

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D. all records necessary to demonstrate full compliance with each

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

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

XIV. COMPLIANCE MONITORING

It is further ordered that, for the purpose of monitoring Defendants’

compliance with this Order, including any failure to transfer any assets as

required by this Order:

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

of the Commission or Plaintiff, 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 and Plaintiff are also authorized to

obtain discovery, without further leave of court, using any of the procedures

prescribed by Federal Rules of Civil Procedure 29, 30 (including telephonic

depositions), 31, 33, 34, 36, 45, and 69.

B. For matters concerning this Order, the Commission and Plaintiff are

authorized to communicate directly with each Defendant. Defendant must

permit representatives of the Commission and Plaintiff 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.

C. The Commission and Plaintiff 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

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19

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 or

Plaintiff, any consumer reporting agency must furnish consumer reports

concerning Individual Defendant, pursuant to Section 604(1) of the Fair Credit

Reporting Act, 15 U.S.C. §1681b(a)(1).

XV. 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

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So Stipulated and Agreed:

FOR PLAINTIFF:

THE UNITED STATES OF AMERICA

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General, Civil Division

ARUN G. RAO

Deputy Assistant Attorney General, Civil Division

AMANDA N. LISKAMM

Director, Consumer Protection Branch

GABRIEL H. SCANNAPIECO                                             

Assistant Director, Consumer Protection Branch

/s/ Mary M. Englehart             Date: June 29, 2023

MARY M. ENGLEHART

Senior Trial Attorney

Consumer Protection Branch

U.S. Department of Justice

P.O. Box 386

Washington, DC 20044‐0386

Telephone: 202‐307‐0088

Fax: 202‐514‐8742

Email: Megan.Englehart@usdoj.gov

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FEDERAL TRADE COMMISSION

/s/ Serena Viswanathan           Date: June 29, 2023

Serena Viswanathan   

Associate Director

Richard A. Quaresima

Assistant Director

Rafael Reyneri

Shira D. Modell

Attorneys

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580

Telephone: (202) 326‐3026

Fax: (202) 326‐3259

Email: rreyneri@ftc.gov

Case 2:23-cv-00475 Document 2-1 Filed 06/29/23 Page 21 of 22 PageID 310
For Defendants: 

Alexandra Megaris 

Page A. Kim 

Venable LLP 

1270 Avenue of the Americas, Floor 25 

New York, NY 10020 

Telephone: (212) 370-6210 

Email: amegaris@venable.com 

Counsel for :MICHAEL J. CONNORS; PROTOUCH MARKETING, LLC; 

WOODFORD HILLS, LLC; OAKHILL RESEARCH, LLC; EVERGREEN MARKETING, LLC; 

STERLING HEALTH, LLC; and CLARA VISTA MEDIA, LLC 

Defendants MICHAEL J. CONNORS; PROTOUCH MARKETING, LLC; WOODFORD 

HILLS, LLC; OAKHILL RESEARCH, LLC; EVERGREEN MARKETING, LLC; STERLING 

HEALTH, LLC; and CLARA VISTA MEDIA, LLC: 

Date: 

J. CONNORS, individually and as an owner, officer, or control person of

PROTOUCH MARKETING, LLC; WOODFORD HILLS, LLC; OAKIDLL RESEARCH, LLC; 

EVERGREEN MARKETING, LLC; STERLING HEALTH, LLC; and CLARA VISTA MEDIA, 

LLC 

22 

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