[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 ``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
[[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