[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Pages 16585-16586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8798]
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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.
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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, 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
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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