Focus Education, LLC

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IN THE MATTER OF FOCUS EDUCATION, LLC, MICHAEL APSTEIN, AND JOHN ABLE CONSENT ORDER, ETC. IN REGARD TO ALLEGED VIOLATIONS OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket No. C-4517; File No. 122 3153 Complaint, April 8, 2015 – Decision, April 8, 2015 This consent order concerns unsupported claims made by Focus Education, LLC and its principals, Michael Apstein and John Able (collectively, “Focus Education”), regarding their Jungle Rangers “brain training” game. The complaint alleges that Focus Education advertised that its Jungle Rangers game had “scientifically proven memory and attention brain training exercises, designed to improve focus, concentration and memory” and touted the game as giving children “the ability to focus, complete school work, homework, and to stay on task.” Focus Education’s website implied that these benefits would be permanent. The complaint alleges that Focus Education misrepresented the efficacy of its product and lacked any scientific evidence to support its claims. The consent order prohibits Focus Education from making claims about its brain training games (or any substantially similar product), unless the claims are non-misleading and are supported by competent and reliable scientific evidence. The order further prohibits the company from making unsubstantiated claims about the benefits, performance, or efficacy of products or services that supposedly alter the brain’s structure or function, improve cognitive abilities, behavior, or academic performance, or treat or reduce the symptoms of cognitive disorders, including ADHD. Participants For the Commission: Annette Soberats. For the Respondents: Not Represented by Counsel. COMPLAINT The Federal Trade Commission, having reason to believe that Focus Education, LLC, a limited liability company, Michael Apstein, individually and as an officer of Focus Education, LLC, and John Able, individually and as an officer of Focus Education, LLC (collectively, “Respondents”), have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: FOCUS EDUCATION, LLC 1345 Complaint 1. Respondent Focus Education, LLC (“Focus Education”) is a Texas limited liability company with its principal office or place of business in Houston, Texas.

2. Respondent Michael Apstein is the co-founder and Chief Executive Officer of Focus Education. Individually or in concert with others, he controlled or had the authority to control and participated in the acts and practices of Focus Education, including the acts and practices alleged in this complaint. His principal office or place of business is in Malibu, CA. 3. Respondent John Able is the co-founder and Chief Financial Officer of Focus Education. Individually or in concert with others, he controlled or had the authority to control and participated in the acts and practices of Focus Education, including the acts and practices alleged in this complaint. His principal office or place of business is in Houston, Texas. 4. Respondents have advertised, labeled, offered for sale, sold, and distributed products to consumers, including the “ifocus System,” which consists of the Jungle Rangers computer software and comic book and information on children’s behavior, exercise, and diet. The ifocus System is a “device,” within the meaning of Sections 12 and 15 of the Federal Trade Commission Act. 5. The acts and practices of Respondents alleged in this complaint have been in or affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act. IFOCUS SYSTEM 6. Since 2012, Respondents have sold the ifocus System directly to consumers for $214.75, plus tax, via a long-form television commercial (“infomercial”), and the company’s websites, www.focuseducation.com, www.ifocussystem.com, www.ifocusgame.com, and www.junglerangers.com. 7. The centerpiece of the ifocus System is the Jungle Rangers computer software. Jungle Rangers is intended for children between the ages of six and twelve and purportedly offers adaptive cognitive training, so that the difficulty level of the FOCUS EDUCATION, LLC 1346 Complaint software’s games continuously self-adjusts to the player. Focus Education recommends that children play Jungle Rangers for a total of twelve to twenty hours. Children play Jungle Rangers on their own without any supervision by a trained clinician, and parents can track their child’s game performance through the Jungle Rangers “Dashboard.”

8. The Jungle Rangers computer software is available for Apple and Microsoft operating systems and consists of nine games where children begin as “cadets” and train through three “worlds” to become “Jungle Rangers.” The three worlds include exercises with embedded cognitive tasks, including simple span tasks (repeating a pattern in the order presented), backwards span tasks (repeating a pattern in the reverse order presented), complex span tasks (repeating a pattern even when faced with visual or sound interferences), n-back tasks (focusing on a list of items and making a specific response each time the currently presented item matches the item presented n times ago), and continuous performance tasks (paying attention to a low-frequency activity and responding to pre-defined action). 9. Respondents have advertised Jungle Rangers through an infomercial, radio spots, social media, and the company’s websites. Respondents have represented, among other things, through express and implied claims and consumer endorsements, that Jungle Rangers permanently improves children’s focus, memory, attention, behavior, and school performance, including in children with Attention Deficit Hyperactivity Disorder (“ADHD”). Respondents have also represented that Jungle Rangers is scientifically proven to improve children’s cognitive abilities, behavior, and academic performance. 10. Sales of Jungle Rangers, minus returns, from 2012 through May 31, 2013 totaled approximately $4.5 million. 11. To induce consumers to purchase the ifocus System, Respondents have disseminated or have caused to be disseminated advertisements, including but not necessarily limited to the attached Exhibits A through F. These materials contain the following statements:

FOCUS EDUCATION, LLC 1347 Complaint A. MALE ANNOUNCER: “Do you know your child is bright, but that struggles with focus or [sic] dragging down grades and self esteem?”

UNIDENTIFIED FEMALE: “Because she gets bored so easily, then she has a very difficult time focusing.” MALE ANNOUNCER: “What if you could give your child the ability to focus, complete school work, homework and to stay on task, to reach the promise of his or her potential simply by playing a fun and easy computer game? Now you can with ifocus. Ifocus has hidden[,] powerful brain training exercises inside the fun and easy Jungle Rangers game and the results are astounding.”

[On screen depictions omitted] * * * “Ifocus is a powerful new approach developed to help kids focus in a groundbreaking new way. The secret is integrated neuro technology. Every challenge and sequence built into the ifocus game was scientifically engineered to strengthen important neuron connections, helping your child to filter, focus, absorb and remember.”

[On screen depictions omitted] * * * ON SCREEN: “Connie Jacquelyn’s Mom”

CONNIE: “We just got done his [sic] parent-teacher conference and Jacquelyn’s one of the highest one [sic] in her classes in reading. . . .”

* * * FOCUS EDUCATION, LLC 1348 Complaint UNIDENTIFIED FEMALE: “He’s actually going into a higher level in reading. He has - - he gets more comprehension.”

* * * ON SCREEN: “John Able Parent, ifocus Co-Founder. . . .”

JOHN ABLE: “It’s taking their brain and opening up the neuro pathways and their ability to focus and pay attention is improved.”

(Ex. A, Infomercial version 1, at p. 5-8, 11, 23, 41-42) B. FEMALE ANNOUNCER: “Here to tell us more is brain specialist and ifocus scientific advisor, Dr. Daniel Amen. He’s a child psychiatrist and brain imaging specialist and he’s authored 28 books on the brain. Dr. Amen is also a father and a grandfather.” DR. DANIEL AMEN: “As a child psychiatrist, I’ve not been all that excited about video games for children because children have developing brains. Here, we had developers, in a thoughtful way, develop a game to actually strengthen the connections in the brain. It’s a very interesting term called ‘long-term potentiation.’ So, what that means is the connections between cells actually become stronger. So, to have the opportunity to actually study it and show that it is, in fact, helpful was very exciting for me. So, we had a group of 45 children. What we found was their ability to regulate themselves[,] so self regulation and emotion statistically significantly increased after the kids played the game. If you can help a child with their emotions[,] regulate themselves, they’re more successful in their lives. Not only are they happier, but they’re able to stay on task. So, I think any kid will benefit from this.”

[On screen depictions omitted] FOCUS EDUCATION, LLC 1349 Complaint * * * MALE ANNOUNCER: “[B]ecause hidden within every level of the nine innovative ifocus Jungle Rangers games are scientifically proven memory and attention brain training exercises, designed to improve focus, concentration and memory[,] strengthening important neuron connections like these span sequences[,] which ask players to remember complex information, even while distracted. So, many kids who play Jungle Rangers span games feel a jump in math and reading comprehension.”

[On screen depictions omitted] ON SCREEN: “CONTINUOUS PERFORMANCE PAY ATTENTION LEARN PATIENCE FOCUS”

MALE ANNOUNCER: “Continuous performance games are all about paying attention and learning patience. Research proves kids who play continuous performance games are able to stay alert, be less distracted and really focus on what’s going on around them.”

ON SCREEN: “N-BACK HOLD INFORMATION UPDATE INFORMATION REMEMBER AND FOCUS”

MALE ANNOUNCER: “And N-Back requires players to hold information and update that information. It’s practice for real life, helping kids to think about what they’ve learned and to focus and remember what they need to do. It’s this innovative[,] groundbreaking combination of proven science and increasingly challenging fun that has kids hooked from the very first time they play.”

[On screen depictions omitted] FOCUS EDUCATION, LLC 1350 Complaint * * * FEMALE ANNOUNCER: “Zak and Zane are identical twins. Think busy times two. Their dad knows how important exercise is for young boys, so he makes sure they spend a lot of time outside working off their energy. And while they’re great when it comes to sports, both Zak and Zane had trouble focusing at school.”

GARTH: “But to try to focus to do homework, there’d be times where it would take me a half-hour to just do one math problem.”

FEMALE ANNOUNCER: “But since playing the Jungle Rangers game and using the ifocus System, Zak and Zane are able to focus, filter out distractions and homework has become much more productive.” ON SCREEN: “Garth Zak and Zane’s Dad Individual Result - your child may not be as successful”

(disclosure appears in fine print at the bottom of the TV screen) GARTH: “Well, they’re doing better in school. We just got their report cards, and we were shocked, all As and Bs. They’ve never had that before.” On SCREEN: “Zak and Zane age 9 www.ifocusSystem.com” CHILD: “Every time we come home from school, we can do our math all by ourselves.”

* * * FEMALE ANNOUNCER: “Parents and teachers notice a difference in attention, behavior and focus FOCUS EDUCATION, LLC 1351 Complaint when kids use the ifocus system. But we wanted to see for ourselves, so we put ifocus to the real test, real kids at a real school.”

FEMALE ANNOUNCER: “The ifocus Jungle Rangers game isn’t available at schools, so elementary school principal Lori Jensen jumped at the opportunity to test it as part of her curriculum.” LORI JENSEN: “It fit into what we were trying to do with our students, engage them in the learning process, but also expand what their brains were going to be able to do.”

FEMALE ANNOUNCER: “The teachers were enthusiastic.”

JANE MARSHALL: “And, actually, as educators, that’s what we’re trying to do. We’re trying to create new pathways in the brain.”

FEMALE ANNOUNCER: “So, students played the ifocus Jungle Rangers game in computer lab and teachers noticed a difference in their classrooms.” JANE MARSHALL: “A typical third grade class you’re really working to keep them focused.” LORI JENSEN: “She can tell a difference in their attention span in the classroom.”

LAVONNE RIGGS: “I have seen a vast improvement. This class seems to be motivated and focused, and the only thing we’re doing differently is Jungle Rangers.”

JANE MARSHALL: “I love finding ways to help the children learn and Jungle Rangers does play a part in helping the children learn how to focus and to retrieve information and they enjoy doing it, so half the battle’s gone right there. . . .”

FOCUS EDUCATION, LLC 1352 Complaint LORI JENSEN: “It will help them with their attention span and their focus.”

[On screen depictions omitted] * * * FEMALE ANNOUNCER: “Isaac is a busy nine-yearold and Isaac had trouble paying attention in school until his mom discovered the ifocus System.” [On screen depictions omitted] FEMALE ANNOUNCER: “He started playing Jungle Rangers and she learned easy ways to help him change his behavior, to get organized and to get focused.” ON SCREEN: “Alitza Issac’s Mom www.ifocusSystem.com” ALITZA: “The teacher actually has told me that this couple weeks [sic], she’s noticed big, big change.” FEMALE ANNOUNCER: “Now, instead of spending hours on homework, Isaac is able to stay on task.” * * * FEMALE ANNOUNCER: “Trista is a bubbly sixyear-old who is very bright. . . .” ON SCREEN: “Taffie Trista’s Mom www.ifocusSystem.com” TAFFIE: “Trista is very intelligent, but because she gets bored so easily, then she has a very difficult time focusing. Every parent-teacher conference, it’s always, you know, she’s a little chatterbox, we have a hard time keeping her in her seat.” FEMALE ANNOUNCER: “That was before Trista starting playing the ifocus Jungle Rangers game.” FOCUS EDUCATION, LLC 1353 Complaint TAFFIE: “So, we went to this parent-teacher conference this last time and I said to her teacher, you know, how are things going? She said, I don’t know what you’re doing at home, but you need to keep it up because it’s helping her.”

FEMALE ANNOUNCER: “Playing Jungle Rangers really has made a difference for Trista and she knows exactly why.”

TRISTA: “It does help me pay attention.” [On screen depictions omitted] (Ex. B, Infomercial version 4, at p. 16-18, 20-21, 29- 30, 33-35, 41, 46-47) C. MALE ANNOUNCER: “Jungle Rangers game is cutting edge science [with] proven memory and attention brain training exercises, every one of them designed to help improve your child’s concentration and memory.”

TIFFANY: “When I got that game, I started doing really, really good in school.”

FORRESTER: “I pay attention to my teacher a lot more.”

CHAZZ: “I have better grades.”

JACKSON: “I’ve been getting a lot more 100 percents.”

[On screen depictions omitted] (Ex. C, Infomercial version 7, at p. 8-9) D. MALE ANNOUNCER: “But what if there was a way to fight that summer brain drain by sharpening your child’s memory and attention skills so that the very first day of class he or she is alert on task and ready to FOCUS EDUCATION, LLC 1354 Complaint learn? Well, now you can. Introducing the ifocus Jungle Rangers Brain Training System. What looks like a simple computer game is really much more. You’re actually looking at cutting edge science[,] a series of proven memory and attention brain training exercises integrated into this fun, challenging game, every one of them designed to help ensure kids stay sharp and focused over the brain draining summer.” [On screen depictions omitted] * * * ON SCREEN: “Research has shown self-regulation is far more important than IQ”

MALE ANNOUNCER: “And studies say that ability to pay attention, to sit and focus can be even more important to a child’s academic success than a high IQ. And the more kids play the ifocus Jungle Rangers game over the summer, the stronger those memory and attention muscles can become. That can mean an advantage when school starts in the falls. [sic]” (Ex. D, Infomercial version 11, at p. 5-6, 9) E. “Will this help with ADD or AD/HD? While the ifocus system can help any child improve their focus and attention, much of its design was based upon cognitive training for children with impairments including AD/HD, so it will be highly beneficial for them.”

“Will my child’s improvements from ifocus / Jungle Rangers last or will they fade? Research shows that once neuro pathways have been opened or strengthened they do not recede unless there is either a disease or until the onset of issues later with aging.”

FOCUS EDUCATION, LLC 1355 Complaint (Ex. E, Focus Education website – FAQs, at p. 2) F. ANNC: “Does your child struggle with focus and concentration? Do they spend hours trying to finish their homework? Are you disappointed with your child’s report card, because you know they can do better? Because now there’s an easy solution. No tutors. No classes. Remarkably… it’s a video game. One that’s already helped kids get good grades who’d never seen it happen before.”

[script note omitted] (Ex. F, Game Time radio ad script) 12. Daniel Amen, M.D. appears in Focus Education’s infomercial describing a pilot study he conducted on Jungle Rangers in 2011. In that study, forty-five children between the ages of six and twelve trained during a twelve-week period with Jungle Rangers for an average of five hours total and were evaluated before and after the testing period using WebNeuro, an online neuro-psychological evaluation containing four outcome measures: Self-Regulation, Emotion, Feeling, and Thinking. Dr. Amen reported “statistically significant” improvements only in the Self-Regulation and Emotion outcome measures, but not in the Feeling or Thinking measures. This study was not randomized, blinded, or controlled; the children’s performance in the Self-Regulation and Emotion outcome measures was in the normal range before and after using Jungle Rangers; the Self- Regulation, Emotion, and Feeling outcome measures do not measure focus, attention, or behavior; and the study did not conduct any follow-up testing to measure any permanent effects of Jungle Rangers training or collect any data on the children’s existing diagnoses or academic performance. COUNT I FALSE OR UNSUBSTANTIATED EFFICACY CLAIMS 13. In connection with the advertising, promotion, offering for sale, or sale of the ifocus System, including through the use of the FOCUS EDUCATION, LLC 1356 Complaint product name, Respondents have represented, directly or indirectly, expressly or by implication, that: A. Playing the ifocus System’s Jungle Rangers computer game improves children’s focus, memory, attention, behavior, and/or school performance, including in children with ADHD; and B. Playing the ifocus System’s Jungle Rangers computer game causes permanent improvements in children’s focus, memory, attention, behavior, and/or school performance, including in children with ADHD. 14. The representations set forth in Paragraph 13 are false or misleading, or were not substantiated at the time the representations were made.

COUNT II FALSE ESTABLISHMENT CLAIMS 15. In connection with the advertising, promotion, offering for sale, or sale of the ifocus System, Respondents have represented, directly or indirectly, expressly or by implication, that scientific studies prove:

A. Playing the ifocus System’s Jungle Rangers computer game improves children’s focus, memory, attention, behavior, and/or school performance, including in children with ADHD; and B. Playing the ifocus System’s Jungle Rangers computer game causes permanent improvements in children’s focus, memory, attention, behavior, and/or school performance, including in children with ADHD. 16. In fact, scientific studies do not prove the representations set forth in Paragraph 15. Therefore, the representations set forth in Paragraph 15 are false or misleading. FOCUS EDUCATION, LLC 1357 Complaint VIOLATIONS OF SECTIONS 5 AND 12 17. The acts and practices of Respondents as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act.

THEREFORE, the Federal Trade Commission this eighth day of April, 2015, has issued this Complaint against Respondents.

By the Commission.

ll is 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT A JACKSON: I’ve been getting a lot more 100 percents.

ON SCREEN: DEVELOPED BY Scientists Educators Teachers MALE ANNOUNCER: Ifocus was developed by scientists, educators, and concerned parents who saw that the difference between success and failure for some children is often simply their ability to pay attention. ON SCREEN: FOCUSING “MUSCLE”

Becomes Stronger MALE ANNOUNCER: For children, the ability to focus is like a muscle that becomes stronger with repeated use.

ON SCREEN: BRAIN TRAINING EXERCISES JUNGLE RANGERS EVERYONE E CONTENT RATED BY ESRB SCIENTIFICALLY ENGINEERED MALE ANNOUNCER: The ifocus Jungle Rangers Game is really a sophisticated series of brain training exercises, scientifically engineered so the players actually -- ON SCREEN: Strengthens FOCUSING MUSCLE! MALE ANNOUNCER: -- strengthen their focusing mascle, all while playing a -- EXHIBIT A FOCUS EDUCATION, LLC 1367 Complaint EXHIBIT A EXHIBIT A 1 ON SCREEN: Fun Easy 2 GAME! 3 MALE ANNOUNCER: -- fun and easy game. 4 ON SCREEN: Chazz 5 age 10 6 CHAZZ: It’s called ifocus and the game is ? Jungle Rangers.

8 ON SCREEN: Anna 9 age 10 10 ANNA: You go in as a cadet and you train and il you play games so you can become a jwumgle ranger. 12 ON SCREEN: JUNGLE RANGERS 13 CHAZZ: It’s fun. It helps you learn, remember 14 and make you concentrate more.

1s ANNA: I can concentrate and I can focus and 16 it’s a lot easier than it was.

1? MALE ANNOUNCER: Parents and teachers say that 18 children who play the ifocus game are able to -- 19 ON SCREEN: STAY ON TASK 20 ABSORB INFORMATION 21 IMPROVE GRADES 22 ifocus 23 MALE ANNOUNCER: -- stay on task, absorb 24 information, improve their grades. In short, they 2s improve their focus, sometimes dramatically.

il 1z 1s 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT C @s a parent, you feel confidert -- ON SCREEN: This is a paid advertisement for the ifocus System child and starter.

better.

to do his DR. DANIEL AMEN: -- that this is helping ny not hurting my child.

ON SCREEN: Colleen Michael and Nelson’s Mom COLLEEN: I could see the improvement in him. ON SCREEN: Susan Forrester’s Mom SUSAN: Things come easier.

ON SCREEN: Kristin Armma‘’s Mom KRISTIN: She’s been better at being a self- ON SCREEN: Connie Landon’ s Mom CONNIE: He was able to follow directions a lot ON SCREEN: Garth Zak and Zane’s Dad GARTH: The fact that he came home and wanted homework .

ON SCREEN: Marissa Chazz’s Mom EXHIBIT C $1 il 1s 1? z3 2s are done.

hours § hours hours FOCUS EDUCATION, LLC Complaint EXHIBIT C CHAZZ: When I come home from work, his chores ON SCREEN: Adell Tiffany’ s Mom ADELL: I definitely would recommend it. ON SCREEN: Jackson age 11 THINKING: +105% Average Thinking Improvement 4% in 5 hours Ama age 10 SELF REGULATION: +Z00% Average Self Regulation Improvement 12% in § Zach age ll SUSTAINED ATTENTION: +250% Average Sustained Attention Improvement 14% in Chazz age 10 SELF REGULATION: +105¢ Average Self Regulation Improvemert 12% in 5 Isaac age 9 EMOTION: +305% Average Emotional Improvement 28% in 5 hours Tiffany age ll EMOTION: +75¢% Average Emotional Improvement 8% in 5 hours Forrester age 10 THINKING: +95% Average Thinking Improvement 4% in 5 hours FEMALE ANNOUNCER: Seeing the difference Jungle Rangers makes for children and parents is what motivates ifocus found John Able.

EXHIBIT C $2 il 1s 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT C ON SCREEN: John Able Parent, ifocus Founder JOHN ABLE: I’ve been driven completely by the thought that I’d help kids.

FEMALE ANNOUNCER: John has six children of his own, sO parent to parent he knows how difficult it can be to help a child who’s struggling.

ON SCREEN: John Able Parent, ifocus Founder JOHN ABLE: I learned through trial and error and 31 years of parenting. I call them arrows in your quiver or tools in your toolbox. The more tools you have, the better parenting you can do. ON SCREEN: Powerful BRAIN TRAINING FEMALE ANNOUNCER: John knows the ifocus Jungle Rangers game can give you a powerful new parenting tool, one that can help your children to -- ON SCREEN: Focus Succeed FEMALE ANNOUNCER: -- focus and succeed. ON SCREEN: Julie Zach’s Mom JULIE: The game has -- is teaching my boys how to focus and how to filter our distractions. ON SCREEN: Colleen Michael and Nelson’s Mom EXHIBIT C $3 il 12z 1s 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT C COLLEEN: To have a product like this is exciting for me.

ON SCREEN: Connie Jacquelyn’ s Mon CONNIE: And this was so easy, too. It was just, you know, let them go play amd they enjoyed it. So, it was a good thing.

MALE ANNOUNCER: It’s a good thing that just got better. Now, you can experience the same innovative game thousands of families all over the country have already discovered with the ifocus system, because ifocus is giving you an unheard of promise, 4 parent to parent guarantee that gives you up to six months to use Jungle Rangers in your home.

ON SCREEN: PARENT TO PARENT PROMISE 6 MONTHS 100% MONEY BACK GUARANTEE IMPROVE:

Focus ATTENTION MEMORY SCHOOL WORK SELF ESTEEM MALE ANNOUNCER: Yes, six full months to put the ifocus Jungle Rangers brain training system to the EXHIBIT C $4 il is 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT C test and truly discover its ultimate potential for you amd your child or your money back.

JOHN ABLE: That’s the kind of company we are. We’re a human company, very human.

ON SCREEN: John Able Parent, ifocus Founder JOHN ABLE: The fact that children’s lives are changed is important to me.

ON SCREEN: ifocus $14.95 PLUS SéH 30 DAY TRIAL EXCLUSIVE TV OFFER Entire ifocus BRAIN TRAINING SYSTEM CALL NOW wow.ifocusSystem. com MALE ANNOUNCER: Right now, through this extraordinary and exclusive offer, you cam get the entire ifocus Jumgle Rangers brain training system -- ON SCREEN: ifocus ¢14.95 PLUS SéH 30 DAY TRIAL EXCLUSIVE TV OFFER INCLUDES JUNGLE RANGERS GAMES CALL NOW wuwa.ifocusSystem.com MALE ANNOUNCER: -- including all nine Jungle Rangers games, and find out for yourself how effective it EXHIBIT C tl ‘4 2s really is by simply trying it for a full 30 days for just $14.98.

FOCUS EDUCATION, LLC Complaint EXHIBIT C ON SCREEN: CALL or ifocus 714.95 PLUS SéH 30 DAY TRIAL EXCLUSIVE TV OFFER CALL NOW Click TO ORDER NOW! wwa.ifocusSystem.com MALE ANNOUNCER: Just call or click and order right now and we’ll send you the ifocus Jungle Rangers brain training system -- ON SCREEN: Product information shown above JUNGLE RANGERS BRAIN TRAINING SYSTEM MALE ANNOUNCER: -needs to success -- ON SCREEN: Product JUNGLE RANGERS GAME MALE ANNOUNCER: -- ON SCREEN: Product PARENT DASHBOARD MALE ANNOUNCER: -parent dashboard tracker.

ON SCREEN: Product Taffie with everything your child information shown above cD the Jungle Rangers game information shown above including the exclusive information shown above EXHIBIT C is i? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT C Trista’s Mom MONITOR PROGRESS TAFFIE: Well, the dashboard explains to the parent how mich time they have spent in what -- in which areas.

ON SCREEN: Product information shown above Jennifer Kaida’s Mom JENNIFER: It helps you be able to track what he’s doing, his progress.

TAFFIE: And it tells you exactly what part of the game they’ ve been playing and for how long. ON SCREEN: Product information shown above Science Behind the Game AUDIO CD MALE ANNOUNCER: You'll also receive this indepth parent audio CD that explains the science behind this groundbreaking program -- ON SCREEN: Product information shown above Focus on Behavior HANDBOOK + AUDIO CD MALE ANNOUNCER: -- plus this Focus on Behavior handbook and audio CD. It helps both child and parent to understand and recognize good and bad behavior patterns -- ON SCREEN: Product information shown above EXHIBIT C 5? 1s 1? 2s all yours and order FOCUS EDUCATION, LLC Complaint EXHIBIT C Plus Additional BONUS EXTRAS! MALE ANNOUNCER: -- and even more bonus items, included at no extra cost.

ON SCREEN: ifocus $14.95 PLUS S&H 30 DAY TRIAL EXCLUSIVE TV OFFER Entire ifocus BRAIN TRAINING SYSTEM CALL NOW wws.ifocusSystem. com MALE ANNOUNCER: You get this entire system with everything you see here to simply try for a full month for just $14.95.

ON SCREEN: CALL in the next 6 mimites! ifocus $14.95 PLUS SéH 30 DAY TRIAL EXCLUSIVE TV OFFER FREE SHIPPING « HANDLING CALL NOW www. ifocusSystem.com MALE ANNOUNCER: And it gets even better. Call in the next six minutes and we’ll ship this total and complete breakthrough system with all the extras and included bors items right to your door for free. That’s right, absolutely free shipping and handling.

Call and order right away.

EXHIBIT C il 1s il? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT C UNIDENTIFIED FEMALE: I would say that it is a game that gives you results.

ON SCREEN: Product information shown above Individual Result - your child may not be as successful UNIDENTIFIED FEMALE: And this was the first time -- well, he got all As and one A mimis. ON SCREEN: CALL or Click TO ORDER Now! ifocus $14.95 PLUS S&H 30 DAY TRIAL EXCLUSIVE TV OFFER NOT AVAILABLE AT SCHOOLS! CALL NOW www.ifocusSystem.com MALE ANNOUNCER: The ifocus Jungle Rangers brain training system for attention is not available in stores or schools, it’s only available online or through this exclusive television offer.

So, make the commitment now to help your child reach his or her potential. Call now or click on ifocusSystenm. com.

ON SCREEN: Order Now PARENT TO PARENT PROMISE 6 MONTHS 100% MONEY BACK GUARANTEE EXHIBIT C $9 il is 1? zo 2s FOCUS EDUCATION, LLC 1542 Complaint EXHIBIT C EXHIBIT C ifocus $14.95 PLUS S6H 30 DAY TRIAL EXCLUSIVE TV OFFER Focus Succeed CALL NOW www. ifocusSystem.com MALE ANNOUNCER: And, remember, with the ifocus system and our exclusive parent to parent promise, your child will focus and succeed or your money back. Order now.

UNIDENTIFIED FEMALE: 100 percent recommended. CHILD: The best thing about Jumgle Rangers is everything.

ON SCREEN: CALL or Click TO ORDER NOW! ifocus $14.95 PLUS S6H 30 DAY TRIAL EXCLUSIVE TV OFFER CALL NOW wus. ifocusSystem.com MALE ANNOUNCER: The preceding has been a paid presentation for the ifocus Jungle Rangers Brain Training System, brought to you by Focus Education. ON SCREEN: ifocus ON SCREEN: The preceding was a paid presentation for the ifocus Jungle Rangers Brain Training

il is 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT C CERTIFICATION OF TYPIST MATTER NUMBER: 1223153 CASE TITLE: ifocus EDUCATION, LLC TAPING DATE: NOVEMBER 21, 2012 TRANSCRIPTION DATE: NOVEMBER 13, 2013 I HEREBY CERTIFY that the tramscript contained herein is a full and accurate transcript of the tapes transcribed by me on the above cause before the FEDERAL TRADE COMMISSION to the best of my knowledge and belief. DATED: NOVEMBER 13, 2013 ELIZABETH M. FARRELL CERTIFICATION OF PROOFREADER I HEREBY CERTIFY that I proofread the transcript for accuracy in spelling, hyphenation, pwmctuation and format .

SARA J. VANCE EXHIBIT C

FOCUS EDUCATION, LLC 1548 Complaint EXHIBIT D EXHIBIT D 1 PROCEEDINGS 2 - - - - - 3 JUNGLE RANGERS INFOMERCIAL 4 ON SCREEN: HAVAS EDGE 5 FOCUS Education LLC 6 IFOCUS V1l ? Closed Captioned 8 412881 9 28:30 10 06-28-2013 ll - 12 - 13 1-800-624-0737 14 ON SCREEN: ifocus 15 The following is a paid presentation for the 16 ifocus Jumgle Rangers Brain Training System brought to i? you by Focus Education.

18 MALE ANNOUNCER: The following is a paid 19 presentation for the ifocus Jumgle Rangers Brain Training 20 System, brought to you by Focus Education. 21 ON SCREEN: HOW FAR BEHIND? 22 MALE ANNOUNCER: How far behind will your child 23 be when school starts in the fall, a month, two months? 24 It’s an annual problem experts call the summer brain 25 drain. For The Record, Inc. (301) 870-8025 - 26 www.ftrinc.net - (800) 921-S555 1l is 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT D EXHIBIT D ON SCREEN: SUMMER BRAIN DRAIN ON SCREEN: Kelly Amold Teacher KELLY ARNOLD: The first couple months of the school year is spermt reteaching a lot of information. ON SCREEN: SUMMER BRAIN DRAIN MALE ANNOUNCER: That’s because over the summer, school is the last thing on a kid’s mind, and it does affect their brain.

ON SCREEN: KIDS CAN’T FOCUS MALE ANNOUNCER: Their focusing muscles become rusty. It’s harder for them to sit and pay attention, amd even more disturbing...

ON SCREEN: Kelly Amold Teacher KELLY ARNOLD: They forget what they’ ve learned.

MALE ANNOUNCER: But what if there was a way to fight that summer brain drain -- ON SCREEN: FIGHT Summer Brain Drain MALE ANNOUNCER: -- by sharpening your child’s memory and attention skills so that the very first day of class he or she is alert -- ON SCREEN: Alert For The Record, Inc. 870-8025 - www. ftrinc.net - (800) 921-SSSSS (301) FOCUS EDUCATION, LLC 1550 Complaint EXHIBIT D EXHIBIT D iL READY TO LEARN! 2 MALE ANNOUNCER: -- on task and ready to lear? 3 Well, now you can. Introducing the ifocus 4 Jungle Rangers Brain Training System. § ON SCREEN: BRAIN TRAINING SYSTEM 6 MALE ANNOUNCER: What looks like a simple ? computer game is really much more. 8 ON SCREEN: CUTTING EDGE SCIENCE 3 MALE ANNOUNCER: You're actually looking at 10 cutting edge science -ll ON SCREEN: MEMORY AND ATTENTION EXERCISES 1z MALE ANNOUNCER: -- a series of proven memory 13 amd attention brain training exercises integrated into 14 this -is ON SCREEN: Fun 16 CHALLENGING GAME! 1? MALE ANNOUNCER: -- fun, challenging game, is every one of them designed to help ensure kids -- 19 ON SCREEN: SHARP AND FOCUSED 20 MALE ANNOUNCER: -- stay sharp and focused over 21 the brain draining summer.

22 ON SCREEN: Julie 23 Zach’ s Mom 24 JULIE: My kids love to play video games and 2s this is & great way to strengthen their brain. For The 26 Record, Inc. (301) 870-8025 - wins. ftrinc.net - (800) 921-5555 FOCUS EDUCATION, LLC 1551 Complaint EXHIBIT D EXHIBIT D 1 ON SCREEN: Taffie V4 Trista’s Mom 3 TAFFIE: And it settles them in and it helps 4 them to leam to focus.

§ ON SCREEN: Denise 6 Seth’s Mom ? DENISE: He says, mom, I can focus. 8 ON SCREEN: JUNGLE RANGERS 9 EVERYONE E CONTENT RATED BY ESRB 10 Ages 6-12 ll MALE ANNOUNCER: Rated E for everyone and 12 created especially for kids aged 6 to 12. The ifocus 13 Jungle Rangers System is designed to -- 14 ON SCREEN: DEVELOP Brain Muscle is MALE ANNOUNCER: -- develop brain muscle and -- 16 ON SCREEN: STRENGTHENS Neuron Cormections i? MALE ANNOUNCER: -- strengthens critical neuron 1s comnections. That can give kids who play the game over is the summer an advantage when school starts in the fall. 20 ON SCREEN: Tiffany 21 age ll 22 TIFFANY: From the game, it teaches me to 23 remember things.

24 ON SCREEN: Forrester 2s age 10 For The Record, Inc. (301) 870-8025 - 26 4 www.ftrinc-net - (800) 921-5555 FOCUS EDUCATION, LLC 1552 Complaint EXHIBIT D EXHIBIT D 1 FORRESTER: I always just say “focus.” z ON SCREEN: Cami Individual Result 3 age ll Your child may not be as successful. 4 CAMI: When I played Stump Jump and when I had 5 my first homework after I did Stump Jump, I’m like, wow, 6 I’ve actually memorized all the things my teacher has ? told me.

8 ON SCREEN: Nelson 9 age 12 10 NELSON: By the first couple days I was like, il okay, what made that change? And then I thought maybe it 12 was Jungle Rangers and I really think it was. 13 ON SCREEN: Award winning 14 MALE ANNOUNCER: The award-winning ifocus is Jungle Rangers system helped these kids the way it can 16 help yours, with the same series of proven -- 1? ON SCREEN: BRAIN TRAINING EXERCISES 18 Neuropsychologists ig Therapists 20 Scientists 21 JUNGLE RANGERS 22 EVERYONE E CONTENT RATED BY ESRB 23 MALE ANNOUNCER: -- brain training techniques 24 that neuropsychologists, therapists and scientists have 25 used for years -- For The Record, Inc. (301) 870-8025 - 26 4 owwe.ftrinc.net - (800) 921-5555 »- Ww n wn J il 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT D ON SCREEN: Strengthens FOCUSING MUSCLE! MALE ANNOUNCER: -- to strengthen memory and attention muscles.

ON SCREEN: Research has shown self-regulation is far more important than IQ MALE ANNOUNCER: And studies say that ability to pay attention, to sit and focus can be even more important to a child’s academic success than a high IQ. 4nd the more kids play the ifocus Jungle Rangers game over the summer, the stronger those memory and attention muscles can become. That can mean an advantage when school starts in the falls.

ON SCREEN: Robin Dury Teacher of the Year ROBIN DURY: ifocus would be great for parents to have their kids use during the summertime. ON SCREEN: Kelly Amold Teacher KELLY ARNOLD: We want them to get out and exercise and play, but we also want them to continue to exercise their brains so that when they start the school year next year, they’ re, you Imow, right where they left off.

ON SCREEN: Ready to Learn! MALE ANNOUNCER: Kids who play Jungle Rangers EXHIBIT D For The Record, Inc. (301) 870-8025 - www. ftrinc.net - (800) 921-5555 FOCUS EDUCATION, LLC 1554 Complaint EXHIBIT D EXHIBIT D 1 are sharp, primed, and ready to learn. 2 ON SCREEN: Award winning ifocus Game Desiqner 3 MALE ANNOUNCER: Award-winning game desiqner 4 Jason Leon says that’s exactly what the game was designed § to do.

6 ON SCREEN: Game Adapts ? TO PLAYER! 8 JASON LEON: Each and every game is adaptive, 9 so it’s actually designed to scale up in difficulty -- 10 ON SCREEN: KEEPS BRAIN WORKING! il JASON LEON: -- so that it keeps your brain 12 energy up as high as it possibly can. 13 ON SCREEN: Jason Leon 14 Comstamtly Challenges You to Improve is JASON LEON: That’s one of the aspects that 16 sets our game apart from other games is that it’s i? constantly challenging you to get better. is ON SCREEN: FIRST TIME PLAYERS! JUNGLE RANGERS 19 CHILD: Pretty challenging.

20 CHILD: A little easy, a little hard. 21 CHILD: You have to memorize a pattern in order 22 to go on to the next level.

23 CHILD: And you do all this fun stuff. 24 ON SCREEN: Jason Leon 2s ifocus Game Developer For The Record, Inc. 26 (301) 870-8025 - wy. ftrinc.net - (800) 921-SSSSS is 1? 2s FOCUS EDUCATION, LLC 1555 Complaint EXHIBIT D EXHIBIT D JASON LEON: Well, we made it really approachable for them. You’ re going to become a Jungle Ranger .

ON SCREEN: JUNGLE RANGERS GAME: Good day, I need your help.

ON SCREEN: Jason Leon ifocus Game Developer JASON LEON: We worked directly with a neuro therapist that would tell us what was supposed to be in and why it was supposed to be in. Oftentimes, when folks try and mix these two worlds, they forget that you’ve got to make it fun first. So, it was kind of this convergence of science and fun.

ON SCREEN: Science: BRAIN TRAINING TECHNIQUES MALE ANNOUNCER: The science is using effective brain training techniques -- ON SCREEN: Fm: EASY GAME! MALE ANNOUNCER: -- and the fun is the Jungle Rangers adventure.

ON SCREEN: 9 ADVANCING Games MALE ANNOUNCER: Players advance through nine games -- ON SCREEN: 3 DIFFERENT Worlds MALE ANNOUNCER: -- in three different worlds, all of which include exercises -- For The Record, Inc. (301) 870-8025 - wwy.ftrinc.net - (800) 921-S555 FOCUS EDUCATION, LLC 1556 Complaint EXHIBIT D EXHIBIT D 1 ON SCREEN: GAMES IMPROVE 2 Focus, Concentration, Memory 3 MALE ANNOUNCER: -- designed to improve focus, 4 concentration and memory.

5 ON SCREEN: SPAN SEQUENCES 6 REMEMBER AND RECALL 7 FILTER DISTRACTIONS 8 IMPROVE COMPREHENSION 9 MALE ANNOUNCER: Like these spam sequences, 10 which ask players to remember complex information, even il while distracted, which is so important in math and 12 reading comprehension.

13 ON SCREEN: CONTINUOUS PERFORMANCE 14 PAY ATTENTION 1s LEARN PATIENCE 16 Focus 1? MALE ANNOUNCER: Continuous performance games 18 are all sbowt paying attention and learning patience. 19 Research shows kids learn to stay alert amdto really 20 focus on what’s going on, even at times when they’d 21 normally zone out.

22 ON SCREEN: N-BACK 23 HOLD INFORMATION 24 UPDATE INFORMATION 2s REMEMBER AND FOCUS For The Record, Inc. (301) 26 870-8025 - ww. ftrinc.net - (800) 921-S5S55 FOCUS EDUCATION, LLC 1557 Complaint EXHIBIT D EXHIBIT D 1 MALE ANNOUNCER: And N-Back requires players to 2 hold information and to update that information, adding 3 new levels of difficulty is practice for real life, 4 helping kids to remember what they need to do and helping § them to retain what they learn.

6 ON SCREEN: Kim Sinclair ? Teacher Aide 8 KIM SINCLAIR: Jumgle Rangers helps children be ) successful by allowing them to repeat different patterns 10 and the patterns that they repeat are difficult and ll challenging. And the more that they can do that, the 1z longer they can stay on that, then the better their 13 brains will connect and be successful in other things as 14 well.

15 MALE ANNOUNCER: Bottom line, kids who play 16 Jungle Rangers, especially over the summer when so many 1? simply forget -- 18 ON SCREEN: Strengthens THEIR FOCUS 19 MALE ANNOUNCER: -- what it feels like to learn 20 and remember, can be attentive and focused -- 21 ON SCREEN: Alert 22 READY TO LEARN! 23 MALE ANNOUNCER: -- ready to learn the very 24 first day class begins in the fall. 25 Here’ s something you should know, ifocus is a 26 For The Record, Inc. (301) 870-8025 - ww. ftrinc.net - (800) 921-5555 ll 1? 2s FOCUS EDUCATION, LLC Complaint EXHIBIT D EXHIBIT D proud partner of the National PTA.

ON SCREEN: National Member Benefits Provider of PTA MALE ANNOUNCER: It’s a huge thumbs-up for the millions of parents and teachers who are all about helping kids to learn.

ON SCREEN: Amazing RESULTS MALE ANNOUNCER: But parents cam tell you, the benefits of this extraordinary game flow well beyond the classroom.

ON SCREEN: Marissa Chazz’s Mom MARISSA: It’s helped a lot at the house even, not just at school. His behavior with his chores, helping out.

ON SCREEN: Colleen Michael and Nelson’s Mom COLLEEN: I see a lot more focus, a lot more motivation.

ON SCREEN: Kristin Ama’ s Mom KRISTIN: She seems to be trying harder to want to do what I ask.

ON SCREEN: Daniel Amen, M.D.

ifocus Scientific Advisor For The Record, Inc. (301) 870-8025 - wry. ftrinc-net - (800) 921-5555

FOCUS EDUCATION, LLC 1611 Complaint EXHIBIT E Frequently Asked Questicns | ifocus System hittp:/Awerw focuseducation.com/tags.htmll 4.ce shew won and whch anes are left to conquer As your child plays the game, he ack trophies that are hekd in the Monkey Shrine Your child wil be able to see what trophies have beer Does the game play from the CD or do | have to install anything? The CD prowided ts the pame installation CD. Once you stalled the components onto your computer, the game will be played tram your computer, oka you optimal pertomnance However, tee CD is 4 t0 be in the CD drive a the kay to uniocking the abilty to play the game, ume your chi ple How do | install the game? Qu oe Exit af Programs want he Rangors Game disc into the CO Drive Aner a few marnents. the game cows no! avtomatcaty begin installing #8 shown above. plamse double-click your CD drive, men doubte-chck on the "MAC" folder, then doutie-<tick on ‘Jungle Ranger taller Click “instal” bution Choose Preterences and Location ot just elick “Contre bufton to lel the game be installed © tre de‘aut Programs folder Click “t Agree” bution, Game wal age installing When | put the disc in the computer, nothing happens Lr Comeeter has two disc deves, please make sure you have put the game in the CD deve and not the OVD érwve Try opening up “My ter” and finding the CD Drbve double-click the WIN folder Fing the nfien the tive says “Jungle Rangers Installatior Double click the CD. Ther aller and double-chck. Thes should! begin the installation on called What are the minimum system requirements for the Jungle Rangers Game PC: Intal Pentium 4 2 GHz or taster with 1 GB Ram EXHIBIT E (4) amamnss tana mt

FOCUS EDUCATION, LLC 1613 Complaint EXHIBIT F Script Game Time xe marketing architects Advertiser: Focus Education, LLC Product: ifocus Date: 03-07-2013 Spot: A6D-004 Game Time Version: 13 - Production Approved ANNC: Does your child struggle with focus and concentration? Do they spend hours trying to finish their homework? Are you disappointed with your child's report card, because you know they can do better? MUSIC UP Because now there's an easy solution. No tutors. No classes. Remarkably... it's a video game. One that's already helped kids get good grades who'd never seen it happen before.

It's a cutting-edge brain-training method turned into a captivating game for elementary school students. Discover what a difference it can make with an absolutely free demo from ifocus, Just call 1-800-XXX-XXXX. It's the award winning game kids can’t wait to play... and parents feel good about. It automatically adjusts to your child's learning speed, giving kids an action packed game, and parents a surprise... GARTH: We just got their report card and we were shocked. All As and Bs. They've never had that before.

For your absolutely free demo, call toll free. 1-800-XXX-XXXxX. If lines are busy, please try again. 1-800-XXX-XXXxX. DISCLAIMER: Your child may not be as successful. EXHIBIT F © 2013 Marketing Architects, Inc. Al rights reserved, FTC-FocusEducation0000619 FOCUS EDUCATION, LLC 1614 Decision and Order DECISION AND ORDER The Federal Trade Commission (“Commission”) having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft complaint that the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge the respondents with violation of the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.; and The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order (“consent agreement”) that includes: a statement that the agreement is for settlement purposes only and does not constitute an admission that the law has been violated as alleged in the draft complaint, or that the facts as alleged in the draft complaint, other than the jurisdictional facts, are true; and waivers and other provisions as required by the Commission’s Rules; and The Commission having thereafter considered the matter and having determined that it has reason to believe that the respondents have violated the Federal Trade Commission Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such consent agreement on the public record for a period of thirty (30) days for the receipt and consideration of public comments, and having duly considered the comments filed thereafter by interested persons pursuant to Commission Rule 2.34, 16 C.F.R. § 2.34, now in further conformity with the procedure prescribed in Commission Rule 2.34, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order: 1a. Respondent Focus Education, LLC (“Focus Education”) is a Texas limited liability company with its principal office or place of business in Houston, Texas.

1b. Respondent Michael Apstein is the co-founder and Chief Executive Officer of Focus Education. Individually or in concert with others, he formulates, FOCUS EDUCATION, LLC 1615 Decision and Order directs, or controls the policies, acts, or practices of Focus Education.

1c. Respondent John Able is the co-founder and Chief Financial Officer of Focus Education. Individually or in concert with others, he formulates, directs, or controls the policies, acts, or practices of Focus Education.

2. The Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest. ORDER DEFINITIONS For purposes of this order, the following definitions shall apply:

1. Unless otherwise specified, “respondents” shall mean Focus Education, LLC, a limited liability company, its successors and assigns, and officers; Michael Apstein, individually and as an officer of Focus Education, LLC; John Able, individually and as an officer of Focus Education, LLC.

2. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44. 3. “Covered Product” shall mean any product, program, device, or service that purports to alter the brain’s structure or function, improve cognitive abilities, behavior or academic performance, or treat or lessen the symptoms of cognitive abnormalities or disorders, including Attention Deficit Hyperactivity Disorder (“ADHD”).

4. “ifocus System” means the Jungle Rangers computer software and any related kits, accessories, or supplies. FOCUS EDUCATION, LLC 1616 Decision and Order 5. “Reliably Reported,” for a human clinical test or study (“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.

6. The term “including” in this order shall mean “without limitation.”

7. The terms “and” and “or” in this order shall be construed conjunctively or disjunctively as necessary, to make the applicable phrase or sentence inclusive rather than exclusive.

I.

IT IS ORDERED that respondents and their officers, agents, representatives, and employees, directly or through any corporation, partnership, subsidiary, division, trade name, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of the ifocus System or any substantially similar product, in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, including through the use of a trade name, product name, endorsement, depiction, illustration, or trademark, that such product or component thereof: A. improves children’s focus, memory, attention, behavior, and/or school performance, including in children with ADHD; or B. causes permanent improvements in children’s focus, memory, attention, behavior, and/or school performance, including in children with ADHD, unless the representation is non-misleading and, at the time of making such representation, respondents possess and rely upon competent and reliable scientific evidence to substantiate that the representation is true.

FOCUS EDUCATION, LLC 1617 Decision and Order For purposes of this Part, competent and reliable scientific evidence shall consist of human clinical testing of such product that is sufficient in quality and quantity, based on standards generally accepted by experts in the relevant field, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. Such testing shall be (1) randomized, double-blind, and adequately 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 relevant field as relevant to an assessment of such testing as described in Part IV must be available for inspection and production to the Commission. II.

IT IS FURTHER ORDERED that respondents and their officers, agents, representatives, and employees, directly or through any corporation, partnership, subsidiary, division, trade name, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any Covered Product, in or affecting commerce, shall not make any representation in any manner, expressly or by implication, including through the use of a trade name, product name, endorsement, depiction, illustration, or trademark, other than representations covered under Part I of this order, about the benefits, performance, or efficacy of any Covered Product, unless the representation is non-misleading, and, at the time of making such representation, respondents possess and rely upon competent and reliable scientific evidence that is sufficient in quality and quantity based on standards generally accepted in the relevant scientific fields, 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 Part, competent and reliable scientific evidence means tests, analyses, research, or studies (1) that have been conducted and evaluated in an objective manner by qualified persons; (2) that are generally accepted in the profession to yield accurate and reliable results; and (3) as to which, when they are human clinical tests or studies, all underlying or supporting data and documents generally accepted by experts in the field as FOCUS EDUCATION, LLC 1618 Decision and Order relevant to an assessment of such testing as set forth in Part IV are available for inspection and production to the Commission. III.

IT IS FURTHER ORDERED that respondents and their officers, agents, representatives, and employees, directly or through any corporation, partnership, subsidiary, division, trade name, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any Covered Product, in or affecting commerce, shall not misrepresent, in any manner, expressly or by implication, the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research, or that the benefits of any Covered Product are scientifically proven. IV.

IT IS FURTHER ORDERED that, with regard to any human clinical test or study (“test”) upon which respondents rely to substantiate any claim covered by this order, respondents shall 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, but not necessarily limited to: 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 FOCUS EDUCATION, LLC 1619 Decision and Order 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, but not limited to, 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 shall not apply to a Reliably Reported test, unless the test was conducted, controlled, or sponsored, in whole or in part by: (1) any respondent; (2) any respondent’s officers, agents, representatives, or employees; (3) any other person or entity in active concert or participation with any respondent; (4) any person or entity affiliated with or acting on behalf of any respondent; (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 any test conducted, controlled, or sponsored, in whole or in part, by respondents, respondents must establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of any personal information collected from or about participants. These procedures shall be documented in writing and shall contain administrative, technical, and physical safeguards appropriate to respondent Focus Education’s size and complexity, the nature and scope of respondent Focus Education’s activities, and the sensitivity of the personal information collected from or about the participants.

V.

IT IS FURTHER ORDERED that respondents shall, for five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying: FOCUS EDUCATION, LLC 1620 Decision and Order A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and C. All tests, reports, studies, surveys, demonstrations, or other evidence in its possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the representation, including complaints and other communications with consumers or with governmental or consumer protection organizations. VI.

IT IS FURTHER ORDERED that respondents shall, for five (5) years, deliver a copy of this order to all current and future principals, officers, directors, managers, employees, agents, and representatives having responsibilities with respect to the subject matter of this order, and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Acknowledgment by electronic mail or similar means will be deemed a signature for purposes of this order. Respondents shall deliver this order to current personnel within thirty (30) days after date of service of this order, and to future personnel within thirty (30) days after the person assumes such position or responsibilities.

VII.

IT IS FURTHER ORDERED that respondent Focus Education, LLC, and its successors and assigns, shall notify the Commission at least thirty (30) days prior to any change in the corporation that may affect compliance obligations arising under this order, including, but not limited to, a dissolution, assignment, sale, merger, or other action that would result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this order; the proposed filing of a bankruptcy petition; or a change in the corporate name or address. FOCUS EDUCATION, LLC 1621 Decision and Order Provided, however, that, with respect to any proposed change in the corporation about which respondent learns less than thirty (30) days prior to the date such action is to take place, respondent shall notify the Commission as soon as is practicable after obtaining such knowledge. Unless otherwise directed by a representative of the Commission in writing, all notices required by this Part shall be emailed to [email protected] or sent by overnight courier to: Associate Director for Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The subject line must begin: Focus Education, LLC, FTC File No. 122 3153. VIII.

IT IS FURTHER ORDERED that respondents John Able and Michael Apstein, for a period of ten (10) years after the date of issuance of the order, shall notify the Commission of the discontinuance of their current business or employment, or of their affiliation with any new business or employment, which may affect their compliance obligations arising under this order. The notice shall include respondent’s new business address and telephone number and a description of the nature of the business or employment and his duties and responsibilities. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 20580.

IX.

IT IS FURTHER ORDERED that respondents within sixty (60) days after the date of service of this order, shall each file with the Commission a true and accurate report, in writing, setting forth in detail the manner and form of their own compliance with this order. Within ten (10) days of receipt of written notice from a representative of the Commission, they shall submit additional true and accurate reports.

X.

This order will terminate on April 8, 2035, or twenty (20) years from the most recent date that the United States or the FOCUS EDUCATION, LLC 1622 Decision and Order Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of: A. Any Part in this order that terminates in less than twenty (20) years;

B. This order’s application to any respondent that is not named as a defendant in such complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided, further, that if such complaint is dismissed or a federal court rules that respondents did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal. By the Commission.

FOCUS EDUCATION, LLC 1623 Analysis to Aid Public Comment ANALYSIS OF CONSENT ORDER TO AID PUBLIC COMMENT The Federal Trade Commission (“FTC” or “Commission”) has accepted, subject to final approval, an agreement containing a consent order from Focus Education, LLC (“Focus Education”), Chief Executive Officer, Michael Apstein, and Chief Financial Officer, John Able (“Respondents”). The proposed consent order (“proposed order”) has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreement’s proposed order. This matter involves Focus Education’s advertising for the ifocus System, which included the Jungle Rangers computer game and comic book, and information on children’s behavior, exercise, and diet. The Commission’s complaint alleges that the Respondents violated Sections 5(a) and 12 of the Federal Trade Commission Act by making false or unsubstantiated representations that playing the ifocus System’s Jungle Rangers computer game improves children’s focus, memory, attention, behavior, and/or school performance, including in children with ADHD, and that these improvements were permanent. The complaint also alleges that Respondents violated Sections 5(a) and 12 by making false representations that scientific studies prove these claims.

The proposed order includes injunctive relief that prohibits these alleged violations and fences in similar and related violations. For purposes of the order, “Covered Product” means any product, program, device, or service that purports to alter the brain’s structure or function, improve cognitive abilities, behavior, or academic performance, or treat or lessen the symptoms of cognitive abnormalities or disorders, including ADHD.

Part I of the Order prohibits the Respondents from making any representation that the ifocus System or any substantially FOCUS EDUCATION, LLC 1624 Analysis to Aid Public Comment similar product improves children’s cognitive abilities, behavior, or academic performance, including in children with ADHD unless any such representation is non-misleading and the Respondents possess and rely upon competent and reliable scientific evidence. For purposes of this Part, competent and reliable scientific evidence is defined as “human clinical testing of such product that is sufficient in quality and quantity, based on standards generally accepted by experts in the relevant field, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. Such testing shall be (1) randomized, double-blind, and adequately controlled; and (2) conducted by researchers qualified by training and experience to conduct such testing.” In addition, competent and reliable scientific evidence is subject to the preservation requirements set forth in Part IV. Part II is a fencing-in provision. It prohibits the Respondents from making any claim about the benefits, performance, or efficacy of any Covered Product unless the claim is nonmisleading and the Respondents possess competent and reliable scientific evidence that is sufficient in quality and quantity, 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 Part, Covered Product is defined as any product, program, device, or service that purports to alter the brain’s structure or function, improve cognitive abilities, behavior, or academic performance, or treat or lessen the symptoms of cognitive abnormalities or disorders, including ADHD. Competent and reliable scientific evidence means “tests, analyses, research, or studies (1) that have been conducted and evaluated in an objective manner by qualified persons; (2) that are generally accepted in the profession to yield accurate and reliable results; and (3) as to which, when they 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 Part IV are available for inspection and production to the Commission.”

Part III prohibits the Respondents from misrepresenting, in relation to the advertising of any Covered Product, (1) the results of any test, study, or research; or (2) that the benefits of any such Covered Product are scientifically proven. FOCUS EDUCATION, LLC 1625 Analysis to Aid Public Comment Part IV requires the Respondents, for human clinical tests or studies, to 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. There is an exception for a “Reliably Reported” test, defined as a test published in a peerreviewed journal that was not conducted, controlled, or sponsored by Respondents, affiliates, or others in the manufacturing and supply chain. Also, the published report must provide sufficient information about the test for experts in the relevant field to assess the reliability of the results.

Part V contains recordkeeping requirements for advertisements and substantiation relevant to representations covered by Parts I through III of the order. Parts VI through IX of the proposed order require Respondents to: deliver a copy of the order to principals, officers, directors, managers, employees, agents, and representatives having responsibilities with respect to the subject matter of the order; notify the Commission of changes in corporate structure, discontinuance of current business or employment, or affiliation with any new business or employment that might affect compliance obligations under the order; and file compliance reports with the Commission.

Part X provides that the order will terminate after twenty (20) years, with certain exceptions.

The purpose of this analysis is to facilitate public comment on the proposed order, and it is not intended to constitute an official interpretation of the complaint or proposed order, or to modify the proposed order’s terms in any way.

AMERIFREIGHT, INC. 1626 Complaint