16584 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

The Commission has also alleged that

proposed respondent has represented

that the typical consumer of its products

and services is successful in

maintaining achieved weight loss, or, at

a minimum, a substantial portion of

achieved weight loss, over time.

Proposed respondent has not provided

adequate substantiation to support

representations regarding the long-term

effectiveness of the weight loss products

and programs. Furthermore, according

to the Commission’s complaint,

proposed respondent has represented

that its maintenance claims were based

in part upon a valid statistical analysis

of its customers. However, the

Commission has alleged that the

analysis in question was not based upon

a valid statistical sample of proposed

respondent’s customers.

Finally, the Commission has alleged

that proposed respondent has

represented that its physician monitored

very-low-calorie diet programs are free

of serious health risks without

disclosing that physician monitoring is

necessary to minimize the risk of

serious health complications associated

with very-low calorie diet programs.

Further the Commission has alleged that

in materials prepared specifically for

physicians of patients using the verylow-calorie diets, proposed respondent

failed to list serious adverse heath

complications that have been associated

with very-low-calorie diets.

The proposed consent order seeks to

address the alleged misrepresentations

cited in the accompanying complaint by

requiring proposed respondents to

possess a reasonable basis for any future

claims regarding weight loss or weight

loss maintenance. The proposed consent

order also requires proposed respondent

to clearly and prominently disclose in

any representation regarding the safety

of respondent’s VLCD diet programs

that physician monitoring is required to

minimize the potential for health risks,

namely development of gallbladder

disease.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and 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. 97–8799 Filed 4–4–97; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 962–3172]

Amerifit, Inc.; 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

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 ‘‘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, 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
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