[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Pages 16584-16585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8797]


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FEDERAL TRADE COMMISSION

[File No. 962-3172]


Amerifit, Inc.; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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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 require, among other things, the 
Connecticut-based company to pay $100,000 to the Commission for 
disgorgement and would prohibit the respondent from representing that 
the Fat Burners products, or any other food, drug, or dietary 
supplement cause weight loss or reduce body fat unless, at the time the 
representation is made, it possesses and relies upon competent and 
reliable scientific evidence that substantiates the representation. In 
addition, the proposed consent agreement would prohibit the respondent 
from using the trade name ``Fat Burners,'' unless it is used as part of 
the trade name ``Fat Burners Diet, Exercise and Supplement System'' and 
a disclosure statement is prominently and clearly placed on materials 
containing that name.

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:
 Justin Dingfelder or Jeffrey Feinstein, FTC/S-4302, Washington, D.C. 
20580. (202) 326-3017 or 326-2372.

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 ``<a href="http://www.ftc.gov/
os/actions/htm">http://www.ftc.gov/
os/actions/htm</a>.'' 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, subject to final 
approval, an agreement to a proposed consent order from AmeriFIT, Inc. 
(respondent). The agreement would settle a proposed complaint by the 
Commission that respondent engaged in unfair or deceptive acts or 
practices in violation of sections 5(a) and 12 of the Federal Trade 
Commission Act.
    The proposed consent order has been placed on the public record for 
sixty (60) days for receipt 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 alleges that respondent manufactured, 
advertised, labeled, offered for sale, sold and distributed products to 
the public, including ``Fat Burners,'' ``Fast Burners,'' ``Improved 
Formula Fat Burners,'' and ``Extra Strength Fat Burners'' 
(collectively, ``the Fat Burners products''), and represented that the 
Fat Burners products cause weight loss or reduced body fat. The 
Commission's complaint further alleges that respondent did not possess 
and rely upon a reasonable basis that substantiated those 
representations.
    The consent agreement resolving these allegations prohibits 
respondent from representing that the Fat Burners products, or any 
other food, drug, or dietary supplement cause weight loss or reduce 
body fate unless, at the time the representation is made, it possesses 
and relies upon competent and reliable scientific evidence that 
substantiates the representation.
    The agreement further prohibits respondent from using the name 
``Fat Burners'' or any other name that communicates the same or similar 
meaning unless the material containing the name clearly and prominently 
contains the following disclosure:

    THE DIETARY SUPPLEMENT IN THIS SYSTEM IS FOR NUTRITIONAL USE 
ONLY

[[Page 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