[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