[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