[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Notices]
[Pages 37912-37913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18442]


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FEDERAL TRADE COMMISSION

[File No. 972-3024]


Kave Elahie d/b/a M.E.K. International; 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 15, 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: 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 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 respondent Kave Elahie doing 
business as M.E.K. International, a California company that markets the 
NutraTrim Bio-Active Cellulite Reduction Cream and the NutraTrim Weight 
Loss tablets.
    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 final 
the agreement's proposed order, or withdraw from the agreement and take 
other appropriate action.
    This matter concerns the advertising of the NutraTrim brand 
products. The advertising of the NutraTrim Bio-Active Cellulite 
Reduction Cream, which contains aminophylline, claims that the product 
will eliminate cellulite and fat, even in the absence of general weight 
loss. The advertising for the NutraTrim

[[Page 37913]]

Weight Loss tablets, which contain chromium picolinate, claims that the 
product will cause weight loss, reduce cholesterol levels, control 
appetite, and increase metabolism. The Commission's complaint charges 
that the respondent did not possess and rely upon a reasonable basis 
that substantiated the claims at the time they were made.
    In addition, the complaint alleges as false respondent's claim that 
these claims were based on competent and reliable scientific studies.
    Lastly, the Commission's complaint charges that respondent 
represented, without a reasonable basis, that the testimonials or 
endorsements from consumers appearing in advertisements for its Nutra 
Trim brand products reflect the typical or ordinary experience of 
members of the public who use its cellulite reduction cream and weight 
loss tablets.
    The proposed consent order contains provisions designed to remedy 
the violations charged and to prevent the respondent from engaging in 
similar acts and practices in the future.
    Part I of the proposed order prohibits the respondent from making 
unsubstantiated claims that its aminophylline-based cream can cause or 
contribute to cellulite reduction and fat loss and that its chromium 
picolinate weight loss tablets can cause or contribute to achieving 
body fat loss, weight loss, reduction in cholesterol levels, increase 
in metabolism, or appetite control. Part II of the proposed order 
prohibits the respondent from making any claims regarding the 
performance, benefits, efficacy, or safety of its products unless it 
has competent and reliable scientific evidence to substantiate such 
claims. Part III of the proposed order prohibits the respondent from 
making any misrepresentation regarding any test or study.
    Part IV of the proposed order addresses claims made through 
endorsements or testimonials. Under Part IV, the respondent may make 
such representations if the respondent possesses and relies upon 
competent and reliable scientific evidence that substantiates the 
representations; or the respondent must disclose either what the 
generally expected results would be for users of the advertised 
products, or the limited applicability of the endorser's experience to 
what consumers may generally expect to achieve. The proposed order's 
treatment of testimonial claims is in accordance with the Commission's 
``Guides Concerning Use of Endorsements and Testimonials in 
Advertising,'' 16 CFR 255.2(a).
    Parts V and VI of the proposed order harmonize the requirements of 
the order with the requirements of the Nutrition Labeling and Education 
Act of 1990 and with Food and Drug Administration procedures.
    The proposed order also requires the respondent to maintain 
advertising materials and materials relied upon to substantiate claims 
covered by the order; to provide a copy of the consent agreement to 
certain personnel in the company; to notify the Commission of any 
change in his employment; and to file one or more reports detailing 
compliance with the order.
    Under Part XI, 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.
Donald S. Clark,
Secretary.
[FR Doc. 97-18442 Filed 7-14-97; 8:45 am]
BILLING CODE 6750-01-M