[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Notices]
[Pages 33874-33875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16313]


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FEDERAL TRADE COMMISSION

[File No. 962-3042]


Life Fitness; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices or unfair methods of competition. The attached Analysis to 
Aid Public Comment describes both the allegations in the draft 
complaint that accompanies the consent agreement and the terms of the 
consent order--embodied in the consent agreement--that would settle 
these allegations.

DATES: Comments must be received on or before August 20, 1997.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, 
Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:
Laura Fremont, Federal Trade Commission, San Francisco Regional Office, 
901 Market Street, Suite 570, San Francisco, CA 94103, (415) 356-5270. 
Jeffrey Klurfeld, Federal Trade Commission, San Francisco Regional 
Office, 901 Market Street, Suite 570, San Francisco, CA 94103, (415) 
356-5270.

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

[[Page 33875]]

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 Commission Actions 
section of the FTC Home Page (for June 17, 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, DC 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 To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement to a proposed consent order from respondent Life 
Fitness (``respondent''), a New York general partnership that markets 
exercise equipment. Although not a respondent, Life Fitness' general 
partner, The Life Fitness Companies L.P., a Delaware limited 
partnership, has also agreed to be bound by the terms of the consent 
order.
    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.
    The Commission's complaint against respondent alleges that 
respondent deceptively advertised the Lifecycle exercise bicycle. The 
Commission's complaint charges that respondent's advertising contained 
unsubstantiated calorie burn representations. Specifically, the 
complaint alleges that the respondent did not possess adequate 
substantiation for the claim that users of the Lifecycle will burn 
calories at a rate of over 1,000 per hour under conditions of ordinary 
use. The complaint also charges that respondent's representation that 
its calorie burn claim was based on competent and reliable research is 
false.
    The proposed consent order contains provisions designed to remedy 
the violations charged and to prevent the respondents from engaging in 
similar acts and practices in the future.
    Part I of the proposed order would prohibit Life Fitness and The 
Life Fitness Companies L.P. from making any claim for the 
``Lifecycle,'' or for any other exercise equipment: (1) About the rate 
at which users burn calories, or the number of calories users burn, 
through use of such product; (2) about the weight loss or fat loss 
users achieve through use of such product; or (3) about the benefits, 
performance, or efficacy of such product with respect to calorie 
burning, fat burning, or weight loss; unless, at the time such a claim 
is made, the companies possess and rely upon competent and reliable 
evidence, which when appropriate must be competent and reliable 
scientific evidence, that substantiates the claim. Part II of the order 
prohibits the companies from misrepresenting the existence, contents, 
validity, results, conclusions or interpretations of any test, study, 
or research relating to calorie burning, fat burning, or weight loss.
    The remaining provisions of the proposed order relate to 
respondents' obligation to make available to the Commission materials 
substantiating claims covered by the order; to notify the Commission of 
changes in the companies' structure; to provide copies of the order to 
certain personnel of the companies; and to file compliance reports with 
the Commission. The order also 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. 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. 97-16313 Filed 6-20-97; 8:45 am]
BILLING CODE 6750-01-M