Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices 16585

AND DOES NOT CONTRIBUTE TO WEIGHT

LOSS OR LOSS OF BODY FAT.

The agreement also requires

respondent to pay $100,000 to the

Federal Trade Commission.

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 agreement and proposed order or to

modify any of their terms.

Donald S. Clark,

Secretary.

[FR Doc. 97–8797 Filed 4–4–97; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 972–3021]

Bodywell Inc., et al., Also d/b/a

Bodywell U.S.A.; Analysis To Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent agreement, accepted subject to

final Commission approval, would,

among other things, require the New

York-based company and its principal

to possess competent and reliable

scientific evidence to support any claim

that any product causes weight loss,

with or without changes in diet or

exercise, or provides any weight loss, fat

loss, weight regulation, weight control

or weight maintenance benefit; and

would prohibit them from using the

name ‘‘Slimming Soles’’ or any other

name in a manner that represents that

any product causes weight loss, unless

the respondents possess competent and

reliable scientific evidence that

substantiates the representation. The

consent agreement also would prohibit

the respondent from making any

misrepresentations of the existence,

contents, validity, results, conclusions

or interpretations of any test, study or

research, and from violating the Mail or

Telephone Order Merchandise Rule,

which, among other things, requires that

purchasers be notified if the products

are not delivered in a timely fashion. In

addition, the consent agreement would

require the respondents to pay $100,000

for consumer redress or disgorgement.

DATES: Comments must be received on

or before June 6, 1997.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Richard Cleland, FTC/H–482,

Washington, D.C. 20580. (202) 326–

3088.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of sixty (60) days. The following

Analysis to Aid Public Comment

describes the terms of the consent

agreement, and the allegations in the

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the FTC

Home page (for March 25, 1997), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/actions/htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

Sixth Street and Pennsylvania Avenue,

NW., Washington, D.C. 20580, either in

person or by calling (202) 326–3627.

Public comment is invited. Such

comments or views will be considered

by the Commission and will be available

for inspection and copying at its

principal office in accordance with

Section 4.9(b)(6)(ii) of the Commission’s

Rules of Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order

The Federal Trade Commission has

accepted an agreement to a proposed

consent order from BodyWell, Inc. and

BodyWell, Inc.’s officer, Gerard du

Passage (‘‘respondents’’).

The proposed consent order has been

placed on the public record for sixty

(60) days for reception of comments by

interested persons. Comments received

during this period will become part of

the public record. After sixty (60) 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.

The Commission’s complaint in this

matter charges respondents with

deceptively advertising Slimming Soles,

insoles worn in the shoes that

purportedly cause weight loss through

‘‘reflexology,’’ without changes in diet

or exercise. According to advertisements

for the product, the Slimming Soles

purportedly cause weight loss by

massaging certain ‘‘reflex points’’ on the

bottom of the foot during the course of

a normal day’s walking, thereby

stimulating the body’s digestive system

to burn stored fat and cause weight loss.

Advertisements for the product

appeared in newspapers such as the

Denver Post and in the National

Enquirer, in newspaper inserts, in

magazines such as Cosmopolitan and

Woman’s Day as well as in nationwide

direct mailings.

The complaint alleges that, through

the product name ‘‘Slimming Soles’’

and the advertisements, respondents

made unsubstantiated representations

that the Slimming Soles cause

significant weight loss; that the weight

loss occurs without changes in diet or

exercise; and that consumers using the

Slimming Soles will lose 13 to 16

pounds within six weeks, without

changes in diet or exercise. According to

the complaint, the ads also claimed,

without adequate substantiation, that

the consumer testimonials in the ads

reflect the typical or ordinary

experience of people who have used the

product.

The complaint also alleges that

respondents falsely represented that

scientific studies demonstrate that the

Slimming Soles cause significant weight

loss, including 13 to 16 pounds within

six weeks, without changes in diet or

exercise. In addition, the complaint

alleges that respondents falsely

represented that the product would be

delivered to purchasers within a

reasonable period of time. In fact, the

compliant alleges, in numerous

instances the Soles sold to purchasers

were not delivered to those purchasers

within a reasonable period of time.

The proposed consent order contains

provisions designed to remedy the

violations charged and to prevent

respondents from engaging in similar

acts and practices in the future.

Part I of the order requires

respondents to possess competent and

reliable scientific evidence to support

any claim that any product causes

weight loss, with or without changes in

diet or exercise, causes weight loss at

any particular rate or speed, or within

any time period, or provides any weight

loss, fat loss, weight regulation, weight

control or weight maintenance benefit.

Part II prohibits respondents from using

the name ‘‘Slimming Soles’’ or any other

name in a manner that represents that

any product causes weight loss, unless

they possess competent and reliable

scientific evidence that substantiates the

representation.

Part III prohibits respondents from

claiming that the experience

represented in any user-testimonial or

endorsement of any food, dietary

supplement, drug, device, or weight loss

product or program represents the

typical or ordinary experience of

members of the public who use the
16586 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

product or program, unless, at the time,

they possess and rely upon competent

and reliable scientific evidence

substantiating the representation or they

disclose, clearly and prominently, and

in close proximity to the testimonial or

endorsement, what the generally

expected results would be or that

consumers should not expect to

experience similar results.

Part IV prohibits respondents from

misrepresenting the existence, contents,

validity, results, conclusions or

interpretations of any test, study or

research in connection with the sale of

any food, dietary supplement, drug,

device, or weight loss product or

program. Part V prohibits respondents

from violating the Mail or Telephone

Order Merchandise Rule, which, among

other things, requires that purchasers be

notified if the products are not delivered

in a timely fashion.

Part VI requires respondents to

deposit $100,000 into an escrow

account, which will be used by the

Commission to provide either direct

redress to purchasers of the Slimming

Soles or will be paid to the United

States Treasury, if the Commission

determines that direct redress to

consumers is wholly or partially

impracticable.

Parts VII through IX relate to

respondents’ obligations to maintain

and make available to the Commission

certain records; to provide copies of the

order to respondents’ personnel; and to

notify the Commission of structural

changes in the corporation. Part X

requires Gerard du Passage to notify the

Commission if he leaves his current

employment or he affiliates with any

new business or employment whose

activities relate to the manufacturing,

labeling, advertising, promotion,

offering for sale, sale or distribution of

any dietary supplement, drug, device, or

weight loss product or program for

which any health or weight loss claim

is made. Part XI requires respondents to

file compliance reports with the

Commission. Part XII provides that the

order will terminate after twenty years,

under certain circumstances.

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 agreement and proposed order or to

modify in any way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 97–8798 Filed 4–4–97; 8:45am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 962–3137]

Guildwood Direct Limited, Also d/b/a

Intermed Laboratories; Analysis To Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent agreement, accepted subject to

final Commission approval, would

prohibit, among other things, the New

York-based company from representing

that any product causes weight loss,

with or without changes in diet or

exercise, or provides any weight loss, fat

loss, weight regulation, weight control

or weight maintenance benefit, and from

using the name ‘‘Slimming Insoles’’ or

any other name in a manner that

represents that any product causes

weight loss unless the respondent

possesses competent and reliable

scientific evidence that substantiates the

representation. The consent agreement

also would prohibit the respondent from

representing that Advance Bio/Natural

Research Labs in a bona fide,

independent research organization or

from making any misrepresentations of

the existence, contents, validity, results,

conclusions or interpretations of any

test, study or research or the existence,

nature, purpose or activities of any

organization. In addition, the consent

agreement would require the respondent

to pay, to purchasers of the Slimming

Insoles, $40,000 for consumer redress or

disgorgement, with that liability being

suspended upon payment of $7,500

once the order becomes final.

DATES: Comments must be received on

or before June 6, 1997.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W.,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Richard Cleland, FTC/H–482,

Washington, D.C. 20580. (202) 326–

3088.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of sixty (60) days. The following

Analysis to Aid Public Comment

describes the terms of the consent

agreement, and the allegations in the

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the FTC

Home page (for March 25, 1997), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/actions/htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

Sixth Street and Pennsylvania Avenue,

N.W., Washington, D.C. 20580, either in

person or by calling (202) 326–3627.

Public comment is invited. Such

comments or views will be considered

by the Commission and will be available

for inspection and copying at its

principal office in accordance with

Section 4.9(b)(6)(ii) of the Commission’s

Rules of Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order

The Federal Trade Commission has

accepted an agreement to a proposed

consent order from Guildwood Direct

Limited (‘‘respondent’’).

The proposed consent order has been

placed on the public record for sixty

(60) days for reception of comments by

interested persons. Comments received

during this period will become part of

the public record. After sixty (60) 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.

The Commission’s complaint in this

matter charges respondent with

deceptively advertising Slimming

Insoles, insoles worn in the shoes that

purportedly cause weight loss through

‘‘reflexology,’’ without changes in diet

or exercise. According to advertisements

for the product, the Slimming Insoles

purportedly cause weight loss by

massaging certain ‘‘reflex points’’ on the

bottom of the foot during the course of

a normal day’s walking, thereby

stimulating the body’s digestive system

to burn stored fat and cause weight loss.

Advertisements for the product

appeared in newspapers such as the

Washington Post, New York Post,

Denver Post and St. Louis Post, in

newspaper inserts, in magazines such as

American Women, Soap Opera Update

and Woman’s Own as well as in

nationwide direct mailings.

The complaint alleges that, through

the product name ‘‘Slimming Insoles’’

and the advertisements, respondent

made unsubstantiated representations

that the Slimming Insoles cause

significant weight loss and that the

weight loss occurs without changes in

diet or exercise. According to the

complaint, the ads also claim, without