Legal Library: Cases and Proceedings

In June 2024, the FTC filed suit against FBA Machine and Bratislav Rozenfeld (also known as Steven Rozenfeld and Steven Rozen) alleging that, in a business opportunity scheme, they falsely guaranteed that consumers could make money operating online storefronts using AI-powered software. The defendants allegedly failed to deliver on the promised earnings claims and defrauded consumers out of over $15 million.

As a result of the FTC’s complaint, a federal court issued an order temporarily halting the scheme and putting it under the control of a receiver.

The FTC later added Amanda Peremen, Rozenfeld’s wife, as a relief defendant in the case. The amended complaint alleged that, though not directly involved in the scheme, she received proceeds from it.

In July 2025, the FTC announced that Rozenfeld will be permanently banned from selling business opportunities in settlement of FTC’s allegations and will be required to turn over the contents of multiple financial accounts and any funds realized upon the sale of real estate property. The proceeds will be used for consumer redress.

The FTC filed a complaint against SuperGoodDeals.com, Inc. and its owner, Kevin J. Lipsitz, alleging that the defendants falsely promised consumers next-day shipping of facemasks and other personal protective equipment (PPE) to deal with the coronavirus pandemic. In addition, the FTC alleged that some of the other merchandise sold through the SuperGoodDeals website were falsely advertised as “authentic” or “certified.”

Kevin Lipsitz, who defrauded consumers by falsely promising “next day” shipping of facemasks and respirators to consumers at the height of the COVID-19 pandemic, will be banned from selling personal protective equipment (PPE) and be required to turn over more than $145,000 to the FTC.

In December 2024, the FTC sent more than $114,000 to consumers who were deceived by “next day shipping” claims on badly needed personal protective equipment (PPE) by online seller SuperGoodDeals.com.

On Oct. 29, 2018, the Federal Trade Commission filed a complaint in federal court against Simple Health Plans LLC, Steven J. Dorfman, and five other entities, alleging that the defendants misled people to think they were buying comprehensive health insurance that would cover preexisting medical conditions, prescription drugs, primary and specialty care treatment, inpatient and emergency hospital care, surgical procedures, and medical and laboratory testing. On Nov. 1, 2019, the FTC filed an amended complaint adding Candida Girouard as an additional defendant.  

The Federal Trade Commission took action under the FTC Act and the Opioid Addiction Recovery Fraud Prevention Act (OARFPA), suing Michael J. Connors and companies he controls for deceptively marketing their Smoke Away products as able to eliminate consumers’ nicotine addiction and enable them to quit smoking quickly, easily, and permanently. The case is the FTC’s first smoking cessation product challenge under OARFPA, and its first alleging the deceptive use of testimonials to sell a supposed addition-treatment product.

The proposed stipulated order settling the Commission’s complaint permanently bans Connors—who settled a 2005 FTC complaint regarding Smoke Away—and his companies from marketing or selling any substance use disorder treatment product or service, including any smoking cessation product or service.

The Federal Trade Commission referred a complaint to the Department of Justice alleging that Adam J. Harmon and two companies he controls falsely told consumers that personal protective equipment they marketed during the pandemic, as well as light fixtures they sold, were made in the United States. The complaint alleged that Harmon and ALG made numerous false and misleading claims that their PPE products were all or virtually all made in the United States, even though the products were wholly imported, or incorporated significant imported materials or subcomponents. The defendants also falsely stated that their products were U.S.-origin respirators, certified by the National Institute for Occupational Safety (NIOSH). Under the proposed order, Harmon and his companies must: stop making deceptive U.S.-origin labeling and advertising claims, provide substantiation for all Made in USA and COVID-19-related claims, and pay a $157.683.37 civil penalty.

The Federal Trade Commission sued SPM Thermo-Shield, Inc., and its principals Peter J. Spiska, and George P. Spiska, alleging they make false or unsubstantiated R-value and energy savings claims about their architectural coatings products. In July 2020, the FTC sued four companies that sell paint products used to coat buildings and homes, alleging that they deceived consumers about their products’ insulation and energy-savings capabilities. In complaints filed in federal court, the FTC charged that the companies falsely overstated the R-value ratings of the coatings, making deceptive statements about heat flow and insulating power. The FTC announced a summary judgment ending the litigation in June 2022.

In May 2022, the FTC took action against R360 LLC and its owner, Steven Doumar, for deceiving people seeking help for addiction about the evaluation and selection criteria for the treatment centers in their network. The case is the FTC’s first under the Opioid Addiction Recovery Fraud Prevention Act of 2018. The agency secured a $3.8 million civil penalty judgment against the defendants and an order prohibiting them from continuing to make the same kinds of misrepresentations.

The Department of Justice filed a civil penalties complaint alleging that Lithionics Battery, LLC ("Lithionics") and Steven Tartaglia violated Section 5(a) of the FTC Act, 15 U.S.C. § 45(a) and violated the Made in USA Labeling Rule, 16 C.F.R. Part 323 (the “MUSA Labeling Rule”), in connection with the labeling and advertising of certain battery systems containing significant imported content as “Made in USA." The complaint further alleges that Lithionics' expressed or implied representations that its products are all or virtually all made in the United States are false or unsubstantiated. 

The Federal Trade Commission issued an administrative complaint in August 2020 against a marketer, Traffic Jam Events, LLC, and its owner, David J. Jeansonne II (collectively, the "Respondents"), charging multiple counts of deceptive conduct. The administrative complaint mirrors a prior federal court complaint, which the Commission voluntarily dismissed to pursue a broader administrative proceeding.  On October 25, 2021, the Commission granted Complaint Counsel’s Motion for Summary Decision and ordered Respondents to cease and desist from such conduct for twenty years. 

Casey’s General Stores, Inc., Buck’s Intermediate Holdings, LLC, and Steven Buchanan agreed to divest retail fuel assets in local gasoline and diesel fuel markets across two states to settle Federal Trade Commission charges that Casey’s proposed acquisition would violate federal antitrust law. The complaint alleges that the acquisition as proposed would harm competition for retail sale of gasoline in seven local markets in Nebraska and Iowa. Under the terms of the proposed consent order, Casey’s is required to divest six retail fuel outlets, three Casey’s outlets and three Bucky’s outlets, to Western Oil II, LLC and its affiliate Danco II, LLC within 10 days after Casey’s completes the acquisition. On June 9, 2021 the Commission announced the final consent agreement in this matter.

Wine and spirits maker E. & J. Gallo Winery has agreed to divest several product lines and remove certain others from its asset purchase agreement with competitor Constellation Brands, Inc. to settle Federal Trade Commission charges that their proposed $1.7 billion transaction would violate federal antitrust law. The complaint alleges that unremedied, the proposed acquisition would eliminate head-to-head competition between Gallo and Constellation and thereby was likely to substantially lessen competition in the United States for six types of wine-and-spirits products: entry-level on-premise sparkling wine, low-priced sparkling wine, low-priced brandy, low-priced port, low-priced sherry, and high color concentrates.The FTC announced approval of the final order in April 2021.

The Federal Trade Commission sued F & G International Group Holdings, LLC, FG International, LLC, and their principal J. Glenn Davis, alleging they make false or unsubstantiated R-value claims about their architectural coatings products. In July 2020, the FTC sued four companies that sell paint products used to coat buildings and homes, alleging that they deceived consumers about their products’ insulation and energy-savings capabilities. In complaints filed in federal court, the FTC charged that the companies falsely overstated the R-value ratings of the coatings, making deceptive statements about heat flow and insulating power.

The Federal Trade Commission took action to halt a scheme that allegedly deceived consumers with mailers supposedly directing them how to obtain federal COVID-19 stimulus benefits, which instead lured them to a used car sale.

The mailers sent by Traffic Jam Events, LLC and its owner, David J. Jeansonne II, were labeled “IMPORTANT COVID-19 STIMULUS DOCUMENTS” and directed consumers to “relief headquarters” to “claim these stimulus incentives,” the FTC alleged in its lawsuit against the company and Jeansonne.