[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