[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Notices]
[Pages 58559-58561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29265]


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FEDERAL TRADE COMMISSION

[File No. 942-3328]


Victoria Bie d/b/a Body Gold; 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 prohibit, among other things, the La Jolla, 
California-based dietary supplement manufacturer from making certain 
challenged claims for chromium picolinate dietary supplements, without 
competent and reliable scientific evidence to support them; from 
misrepresenting the results of any test, study, or research; and from 
representing that any testimonial or endorsement is the typical or 
ordinary experience of users of the advertised product, unless the 
claim is substantiated or unless Bie discloses the generally expected 
results clearly and prominently. The agreement settles allegations that 
Bie made unsupported claims about weight loss and health benefits for 
chromium picolinate dietary supplements.


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DATES: Comments must be received on or before January 14, 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: Claude Wild, III, Federal Trade 
Commission, Denver Regional Office, 1961 Stout Street, Suite 1523, 
Denver, CO 80294. (303) 844-2272. Sohni Bendiks, Federal Trade 
Commission, Denver Regional Office, 1961 Stout Street, Suite 1523, 
Denver, CO 80294. (303) 844-3923.

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 accompanying complaint. An electronic copy of the 
full text of the consent agreement package can be obtained from the FTC 
Home page, 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 Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted an agreement, subject to 
final approval, to a proposed consent order from Victoria Bie d/b/a 
Body Gold.
    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 and take other appropriate action or make 
final the agreement's proposed order.
    This matter concerns advertising claims made by Victoria Bie d/b/a 
Body Gold in selling dietary supplements. The Commission's complaint in 
this matter alleges that respondent advertised and sold products 
containing chromium picolinate, (-)hydroxycitric acid and L-carnitine.
    Regarding chromium picolinate, the complaint charges that 
respondent represented without adequate substantiation that chromium 
picolinate causes weight and fat loss (rapidly and without diet or 
strenuous exercise), lowers cholesterol levels, increases human 
metabolism, increases lean body mass, builds muscle, controls appetite 
and sugar cravings, regulates blood sugar and increases energy and/or 
stamina. The complaint also charges that respondent represented without 
adequate substantiation that testimonials in her advertisements and 
promotional materials reflect the typical and ordinary experiences of 
members of the public who have used products containing chromium 
picolinate. Finally, the complaint charges that respondent falsely 
claimed that scientific studies supported her claims that chromium 
picolinate reduces body fat, causes rapid body fat loss, increases lean 
body mass and builds muscle, causes significant weight loss, 
significantly reduces serum cholesterol, lowers or regulates blood 
sugar, and increases energy or stamina.
    Regarding L-carnitine, the complaint charges that respondent 
represented without adequate substantiation that taking L-carnitine as 
a supplement reduces body fat, causes weight loss, tones muscles, 
increases stamina, and enhances athletic performance. The complaint 
also charges that respondent represented without adequate 
substantiation that testimonials in her advertisements and promotional 
materials reflect the typical or ordinary experience of members of the 
public who have used products containing L-carnitine.
    Regarding (-)hydroxycitric acid, the complaint alleges that 
respondent represented without adequate substantiation that CitriGold, 
which is a combination of chromium picolinate and (-)hydroxycitric 
acid, causes weight loss, reduces body fat, and controls appetite.
    The proposed consent order contains provisions designed to remedy 
the violations charged and to prevent respondent from engaging in 
similar acts and practices in the future.
    Part I of the proposed order requires respondent to cease and 
desist from representing that chromium picolinate, CitriGold, or any 
other food, dietary supplement, or drug reduces body fat, causes weight 
loss, causes rapid weight or fat loss, causes weight or fat loss 
without dieting or strenuous exercise, reduces serum cholesterol 
levels, increases human metabolism, increases lean body mass and builds 
muscle, increases energy or stamina, controls appetite and/or cravings 
for sugar, and regulates blood sugar, unless respondent possesses 
competent and reliable scientific evidence that substantiates the 
representation.
    Part II of the proposed order requires respondent to cease and 
desist from representing that L-carnitine, or any food, dietary 
supplement, or drug improves fat metabolism, causes fat loss, causes 
weight loss, tones muscles, enhances athletic performance and/or 
increases stamina, unless respondent possesses competent and reliable 
scientific evidence that substantiates the representation.
    Part III of the proposed order requires that respondent cease and 
desist from making any representation regarding the performance, 
benefits, efficacy or safety of any food, dietary supplement or drug 
unless, at the time of making such representation, respondent possesses 
competent and reliable scientific evidence that substantiates the 
representation.
    Part IV of the proposed order requires that respondent cease and 
desist from misrepresenting in any manner the existence, contents, 
validity, results, conclusions or interpretations of any test or study.
    Part V of the proposed order requires that respondent cease and 
desist from representing that any endorsement of a product or program 
represents the typical or ordinary experience of members of the public 
unless, at the time of making such representation, the representation 
is true, and respondent possesses and relies upon competent and 
reliable evidence that substantiates the representation. However, 
respondent may use such endorsements if the statements in the 
endorsement are true, and if respondent discloses clearly and 
prominently, close to the endorsement, what the generally expected 
results would be in the depicted circumstances or, the limited 
applicability of the endorser's experience to what consumers may 
generally expect to achieve.
    Parts VI and VII of the proposed order permit respondent to make 
certain representations on labels as specifically permitted under Food 
and Drug Administration regulations or standards.
    The proposed order also requires the respondent to maintain 
materials relied upon to substantiate the claims covered

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by the order (Part VIII); to notify the Commission of any proposed 
change in the company that might affect compliance with the order (Part 
IX); to distribute copies of the order to all agents, representatives 
and employees (Part X); and to file one or more reports detailing 
compliance with the order (Part XI). The order also contains a 
provision that it will terminate after twenty (20) years absent the 
filing of a complaint against respondent alleging violation of the 
order (Part XII).
    The purpose of this analysis is to facilitate public comment on the 
proposed order. 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. 96-29265 Filed 11-14-96; 8:45 am]
BILLING CODE 6750-01-P