[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Notices]
[Pages 36292-36293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17561]


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FEDERAL TRADE COMMISSION

[File No. 962-3194]


Rogerio Monteiro and Eliana Crema, Individually and Doing 
Business as Leeka Products; 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 September 5, 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: Michael J. Bloom, Federal Trade 
Commission, New York Regional Office, 150 William Street, Suite 1300, 
New York, NY 10038. (212) 264-1207.

Donald G. D'Amato, Federal Trade Commission, New York Regional Office, 
150 William Street, Suite 1300, New York, NY 10038. (212) 264-1207
Denise Tighe, Federal Trade Commission, New York Regional Office, 150 
William Street, Suite 1300, New York, NY 10038. (212) 264-1207.

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 26, 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 to Aid Public Comment

    The Federal Trade Commission has provisionally accepted an 
agreement to a proposed consent order from respondents Rogerio Monteiro 
and Eliana Crema, doing business as Leeka Products, who market Super 
Formula Reductora, Perfect Shape Crema Sudadora, and Tratamiento para 
Combatir la Caida del Cabello.
    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 make the 
final the agreement's proposed order, or withdraw from the agreement 
and take other appropriate action.
    This matter concerns the advertising of Leeka brand products. 
Advertisements for Super Formula Reductora make claims that the product 
will control and regulate metabolism, reduce appetite, burn or dissolve 
fat, and cause weight loss. The advertisements for Crema Sudadora 
Perfect Shape claim that the cream causes better results from exercise, 
increases the number of calories burned during exercise, and causes the 
user to get lean faster. Advertisements for Tratamiento para Combatir 
la Caida del Cabello, which means ``Treatments to Fight Hair Loss,'' 
claim that the product will prevent or retard hair loss. The

[[Page 36293]]

Commission's complaint charges that the respondents did not posses and 
rely upon a reasonable basis that substantiated the claims at the time 
they were made.
    Additionally, the complaint alleges the advertisements falsely 
represent that scientific studies of Chromium Picolinate demonstrate 
that Super Formula Reductora will cause weight loss.
    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 prohibits the respondents from making 
unsubstantiated claims that Super Formula Reductora, Crema Sudadora 
Perfect Shape, Tratamiento para Combatir la Caida del Cabello or any 
food, dietary supplement, cosmetic or drug, controls and regulates 
metabolism; reduces appetite; burns or dissolves fat; causes better 
results from exercise; increases calories burned during exercise; 
provides any weight loss, fat loss, weight regulation, weight control, 
or weight maintenance benefits; or will prevent or retard hair loss.
    Part II of the proposed order prohibits the respondent from 
representing that any product prevents hair loss, unless the product is 
the subject or an approved new drug application for such purpose under 
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., 
provided that, the requirement shall not limit the requirements of 
Order Part I.
    Part III of the proposed order prohibits the respondents from 
making any representation about the benefits, performance, or efficacy 
of its products unless, at the time the representation is made, 
respondents possess and rely upon competent and reliable scientific 
evidence that substantiates the representation.
    Part IV of the proposed order prohibits the respondents from using 
the name ``Tratamiento para Combatir la Caida del Cabello'' or any 
other name that represents that a product will prevent or retard hair 
loss, unless, at the time the representation is made, respondents 
possess and rely upon competent and reliable scientific evidence that 
substantiates the presentation.
    Part V of the proposed order prohibits the respondents from 
misrepresenting the existence, contents, validity, results, 
conclusions, or interpretation of any test, study, or research.
    Parts VI and VII of the proposed order harmonize the requirements 
of the order with the Nutrition Labeling and Education Act of 1990 and 
with Food and Drug Administration procedures.
    The proposed order requires respondents to maintain advertisements 
and promotional material and materials relied upon to substantiate the 
claims covered by the order; to provide a copy of the consent agreement 
to certain personnel in the company; to notify the Commission of 
certain changes in the company; to notify the Commission of changes in 
the respondents' employment; and to file reports regarding compliance 
with the order.
    Part IX of the proposed order states that the order terminates 20 
years from the date of issuance, except under certain specified 
conditions.
    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.
Benjamin Berman,
Acting Secretary.
[FR Doc. 97-17561 Filed 7-3-97; 8:45 am]
BILLING CODE 6750-01-M