[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Notices]
[Pages 58559-58561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29265]
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FEDERAL TRADE COMMISSION
[File No. 942-3328]
Victoria Bie d/b/a Body Gold; Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: In settlement of alleged violations of federal law prohibiting
unfair or deceptive acts or practices and unfair methods of
competition, this consent agreement, accepted subject to final
Commission approval, would prohibit, among other things, the La Jolla,
California-based dietary supplement manufacturer from making certain
challenged claims for chromium picolinate dietary supplements, without
competent and reliable scientific evidence to support them; from
misrepresenting the results of any test, study, or research; and from
representing that any testimonial or endorsement is the typical or
ordinary experience of users of the advertised product, unless the
claim is substantiated or unless Bie discloses the generally expected
results clearly and prominently. The agreement settles allegations that
Bie made unsupported claims about weight loss and health benefits for
chromium picolinate dietary supplements.
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DATES: Comments must be received on or before January 14, 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: Claude Wild, III, Federal Trade
Commission, Denver Regional Office, 1961 Stout Street, Suite 1523,
Denver, CO 80294. (303) 844-2272. Sohni Bendiks, Federal Trade
Commission, Denver Regional Office, 1961 Stout Street, Suite 1523,
Denver, CO 80294. (303) 844-3923.
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 FTC
Home page, 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
Commissions Rules of Practice (16 CFR 4.9(b)(6)(ii)).
Analysis of Consent Order To Aid Public Comment
The Federal Trade Commission has accepted an agreement, subject to
final approval, to a proposed consent order from Victoria Bie d/b/a
Body Gold.
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.
This matter concerns advertising claims made by Victoria Bie d/b/a
Body Gold in selling dietary supplements. The Commission's complaint in
this matter alleges that respondent advertised and sold products
containing chromium picolinate, (-)hydroxycitric acid and L-carnitine.
Regarding chromium picolinate, the complaint charges that
respondent represented without adequate substantiation that chromium
picolinate causes weight and fat loss (rapidly and without diet or
strenuous exercise), lowers cholesterol levels, increases human
metabolism, increases lean body mass, builds muscle, controls appetite
and sugar cravings, regulates blood sugar and increases energy and/or
stamina. The complaint also charges that respondent represented without
adequate substantiation that testimonials in her advertisements and
promotional materials reflect the typical and ordinary experiences of
members of the public who have used products containing chromium
picolinate. Finally, the complaint charges that respondent falsely
claimed that scientific studies supported her claims that chromium
picolinate reduces body fat, causes rapid body fat loss, increases lean
body mass and builds muscle, causes significant weight loss,
significantly reduces serum cholesterol, lowers or regulates blood
sugar, and increases energy or stamina.
Regarding L-carnitine, the complaint charges that respondent
represented without adequate substantiation that taking L-carnitine as
a supplement reduces body fat, causes weight loss, tones muscles,
increases stamina, and enhances athletic performance. The complaint
also charges that respondent represented without adequate
substantiation that testimonials in her advertisements and promotional
materials reflect the typical or ordinary experience of members of the
public who have used products containing L-carnitine.
Regarding (-)hydroxycitric acid, the complaint alleges that
respondent represented without adequate substantiation that CitriGold,
which is a combination of chromium picolinate and (-)hydroxycitric
acid, causes weight loss, reduces body fat, and controls appetite.
The proposed consent order contains provisions designed to remedy
the violations charged and to prevent respondent from engaging in
similar acts and practices in the future.
Part I of the proposed order requires respondent to cease and
desist from representing that chromium picolinate, CitriGold, or any
other food, dietary supplement, or drug reduces body fat, causes weight
loss, causes rapid weight or fat loss, causes weight or fat loss
without dieting or strenuous exercise, reduces serum cholesterol
levels, increases human metabolism, increases lean body mass and builds
muscle, increases energy or stamina, controls appetite and/or cravings
for sugar, and regulates blood sugar, unless respondent possesses
competent and reliable scientific evidence that substantiates the
representation.
Part II of the proposed order requires respondent to cease and
desist from representing that L-carnitine, or any food, dietary
supplement, or drug improves fat metabolism, causes fat loss, causes
weight loss, tones muscles, enhances athletic performance and/or
increases stamina, unless respondent possesses competent and reliable
scientific evidence that substantiates the representation.
Part III of the proposed order requires that respondent cease and
desist from making any representation regarding the performance,
benefits, efficacy or safety of any food, dietary supplement or drug
unless, at the time of making such representation, respondent possesses
competent and reliable scientific evidence that substantiates the
representation.
Part IV of the proposed order requires that respondent cease and
desist from misrepresenting in any manner the existence, contents,
validity, results, conclusions or interpretations of any test or study.
Part V of the proposed order requires that respondent cease and
desist from representing that any endorsement of a product or program
represents the typical or ordinary experience of members of the public
unless, at the time of making such representation, the representation
is true, and respondent possesses and relies upon competent and
reliable evidence that substantiates the representation. However,
respondent may use such endorsements if the statements in the
endorsement are true, and if respondent discloses clearly and
prominently, close to the endorsement, what the generally expected
results would be in the depicted circumstances or, the limited
applicability of the endorser's experience to what consumers may
generally expect to achieve.
Parts VI and VII of the proposed order permit respondent to make
certain representations on labels as specifically permitted under Food
and Drug Administration regulations or standards.
The proposed order also requires the respondent to maintain
materials relied upon to substantiate the claims covered
[[Page 58561]]
by the order (Part VIII); to notify the Commission of any proposed
change in the company that might affect compliance with the order (Part
IX); to distribute copies of the order to all agents, representatives
and employees (Part X); and to file one or more reports detailing
compliance with the order (Part XI). The order also contains a
provision that it will terminate after twenty (20) years absent the
filing of a complaint against respondent alleging violation of the
order (Part XII).
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. 96-29265 Filed 11-14-96; 8:45 am]
BILLING CODE 6750-01-P
