[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Notices]
[Pages 33871-33872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16315]


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FEDERAL TRADE COMMISSION

[File No. 962-3041]


Abflex, U.S.A., Inc.; Martin Van Der Hoeven; 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

[[Page 33872]]

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--embodies in 
the consent agreement--that would settle these allegations.

DATES: Comments must be received on or before August 22, 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: Kerry O'Brien, San Francisco Regional 
Office, Federal Trade Commission, 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 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 Orders To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, agreement to a proposed consent order from Kent & Spiegel 
Direct, Inc., and its officers, Marshal Kent and Peter Spiegel, and a 
proposed consent order from Abflex, U.S.A., Inc., and its officer, 
Martin Van Der Hoeven (collectively ``respondents'').
    The proposed consent orders have 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 
agreements and the comments received and will decide whether it should 
withdraw from the agreements and take other appropriate action or make 
final the agreements' proposed orders.
    The Commission's complaints against respondents allege that they 
deceptively advertised the ``Abflex'' and abdominal exercise primarily 
through an infomercial, over the internet, and through print 
advertisements. The Commission's complaints charge that respondents' 
advertising contained unsubstantiated weight loss success, rate of 
weight loss, and spot reduction representations. Specifically, the 
complaints allege that the respondents did not possess adequate 
substation for claims that: (1) The Abflex causes fast and significant 
weight loss; (2) Consumers lose at least ten pounds and five inches, or 
three to six inches, off their waistline within thirty days by using 
the Abflex for just three minutes a day; (3) The Abflex causes weight 
loss and fat reduction in specific, desired areas of the body; and (4) 
Testimonials from consumers appearing in the advertisments for the 
Abflex reflect the typical or ordinary experience of members of the 
public who use the product.
    The proposed consent orders contain 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 orders would prohibit respondents from 
making any claim for the ``Abflex,'' for any exercise equipment, or for 
any weight-loss product: (1) About the number of pounds users can lose; 
(2) About the rate of speed at which users lose weight; (3) About the 
length of time users must use such product to achieve weight loss; (4) 
That such product causes fast and significant weight loss; (5) That 
such product causes a reduction in the size or shape of specific, 
desired areas of the body; (6) That such product causes a reduction in 
users' body size or shape, or body measurements; or (7) About the 
benefits, efficacy, or performance of such product in promoting weight 
loss, unless at the time of making them, they posses and rely upon 
competent and reliable evidence, which when appropriate must be 
competent and reliable scientific evidence.
    Part II of the proposed order addresses claims made through 
endorsements or testimonials. Under Part II, respondents may make such 
representations if they posses and rely upon competent and reliable 
scientific evidence that substantiates the representations; or 
respondents must disclosure either what the generally expected results 
would be for users of the advertised product, or the limited 
applicability of the endorser's experience to what consumers may 
generally expect to achieve.
    The remaining provisions of the proposed orders relate to 
respondent's obligations to make available to the Commission materials 
substantiating claims covered by the order; to notify the Commission of 
changes in the corporations' structure; to notify the Commission of 
changes in the individual's employment or business affiliations; to 
provide copies for the orders to certain personnel of the corporations; 
and to file compliance reports with the Commission. The orders also 
provide that the orders will terminate after twenty years under certain 
circumstances.
    The purpose of this analysis is to facilitate public comment on the 
proposed orders. It is not intended to constitute an official 
interpretation of the agreements and proposed orders to modify in any 
way their terms.
Donald S. Clark,
Secretary.
[FR Doc. 97-16315 Filed 6-20-97; 8:45 am]
BILLING CODE 6750-01-M