[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Notices]
[Pages 33873-33874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16314]
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FEDERAL TRADE COMMISSION
[File No. 962-3041]
Kent & Spiegel Direct, Inc.; Marsha Kent; Peter Spiegel; 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 22, 1997.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
[[Page 33874]]
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 field 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 compliant. 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, agreements to a proposed consent order from Kent & Spiegel
Direct, Inc., and its officers, Marsha 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 place 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,'' an abdominal exercise device,
primarily through an informercial, 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 representation. Specifically, the
complaints allege that the respondents did not possess adequate
substantiation 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
advertisements 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 futures.
Part I of the proposed orders would prohibit respondents form
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 or 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 orders address claims made through
endorsements or testimonials. Under Part II, respondents may make such
representations if they possess and rely upon competent and reliable
scientific evidence that substantiates the representations; or
respondents must disclose 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
respondents' 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 individuals' employment or business affiliations; to
provide copies of 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 or to modify in
any way their terms.
Donald S. Clark,
Secretary.
[FR Doc. 97-16314 Filed 6-20-97; 8:45 am]
BILLING CODE 6750-01-M