 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
DECISION & ORDER
|
EXTRACTED KEY WORDS
COMMISSION COMPLAINT FEDERAL TRADE COMMISSION CONSUMER REPRESENTATION DISCLOSURE RESPONDENT ROBERT FITNESS QUEST SUCCESSORS SCHNABEL OFFICER ACTS BUSINESS ADVERTISEMENT VIOLATION EVIDENCE TERMINATE PRACTICES CONSUMER PROTECTION AGREEMENT JURISDICTION PRINCIPALS RELIABLE SCIENTIFIC EVIDENCE WEIGHT-LOSS PRODUCT ORDINARY CONSUMER EMPLOYMENT SALE CONTRASTS AFFECTING |
9823633
B259300
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
FITNESS QUEST, INC., a corporation, and
ROBERT R. SCHNABEL, JR., individually and as an officer of
the corporation.
DOCKET NO. C-3886
DECISION AND ORDER
The Federal Trade Commission having initiated an investigation of
certain acts and practices of the respondents named in the caption
hereof, and the respondents having been furnished thereafter with a
copy of a draft of the complaint which the Bureau of Consumer
Protection proposed to present to the Commission for its consideration
and which, if issued by the Commission, would charge respondents with
violation of the Federal Trade Commission Act; and
The respondents, their attorneys, and counsel for the Commission
having thereafter executed an agreement containing a consent order, an
admission by the respondents of all the jurisdictional facts set forth
in the aforesaid draft of complaint, a statement that the signing of
said agreement is for settlement purposes only and does not constitute
an admission by respondents that the law has been violated as alleged
in such complaint, or that the facts as alleged in such complaint,
other than jurisdictional facts, are true, and waivers and other
provisions as required by the Commission's Rules; and
The Commission having thereafter considered the matter and having
determined that it had reason to believe that the respondents have
violated the said Act, and that a complaint should issue stating its
charges in that respect, and having thereupon accepted the executed
consent agreement and placed such agreement on the public record for a
period of sixty (60) days, now in conformity with the procedure
prescribed in § 2.34 of its Rules, the Commission hereby issues its
complaint, makes the following jurisdictional findings and enters the
following order:
SNIPPETS:
|
|
2
.
COMPLAINT
|
EXTRACTED KEY WORDS
RESPONDENTS CALORIES BURNS PARAGRAPH EXHIBIT AIROFIT REPRESENTATIONS SET ADVERTISEMENTS ISOLATOR REASONABLE BASIS EXERCISE WALKING CROSS-COUNTRY SKIING IMPLICATION POSSESS TWICE FEDERAL TRADE COMMISSION ACTS OFFICER PRACTICES SKYTREK GAZELLE GLIDER ABS INCHES LOST WORKOUT INTENSITY INDIVIDUAL BODY TYPE TRUTH MISLEADING |
9823633
B259300
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
FITNESS QUEST, INC., a corporation, and
ROBERT R. SCHNABEL, JR., individually and
as an officer of the corporation.
DOCKET NO. C-3886
COMPLAINT
The Federal Trade Commission, having reason to believe that Fitness
Quest, Inc., a corporation, and Robert R. Schnabel, Jr., individually
and as an officer of the corporation, ("respondents"), have violated
the provisions of the Federal Trade Commission Act, and it appearing
to the Commission that this proceeding is in the public interest,
alleges:
1. Respondent Fitness Quest, Inc. is a Delaware corporation with its
principal office or place of business at 1400 Raff Road, SW,
Canton, Ohio 44750.
2. Respondent Robert R. Schnabel, Jr. is an officer of the corporate
respondent. Individually or in concert with others, he formulates,
directs, or controls the policies, acts, or practices of the
corporation, including the acts or practices alleged in this
complaint. His principal office or place of business is the same
as that of Fitness Quest, Inc.
3. Respondents have manufactured, advertised, labeled, offered for
sale, sold, and distributed exercise equipment and weight-loss
products to the public, including the "Airofit," "SkyTrek" and
"Gazelle Glider," exercise gliders, and the "Ab Isolator" and "Abs
Only Machine" abdominal exercise devices.
4. The acts and practices of respondents alleged in this complaint
have been in or affecting commerce, as "commerce" is defined in
Section 4 of the Federal Trade Commission Act.
Airofit
1. Respondents have disseminated, or caused to be disseminated,
advertisements for the Airofit, including but not necessarily
limited to the attached Exhibits A1- A5. These advertisements
contain the following statements:
Nearly zero impact! -- While you burn up to 1000 calories an hour.
(Exhibit A1)
SNIPPETS:
|
|
3
.
ANALYSIS
|
EXTRACTED KEY WORDS
CALORIES EXERCISE RESPONDENTS REPRESENTATION ISOLATOR AGREEMENT PROPOSED CONSENT ORDER FEDERAL TRADE COMMISSION ADVERTISEMENTS WEIGHT-LOSS PRODUCT GLIDER TWICE TESTIMONIALS PROVISIONS RELIABLE EVIDENCE PROPOSED COMPLAINT ACTS PRACTICES PUBLIC RECORD EXERCISE EQUIPMENT AIROFIT ABDOMINAL EXERCISE DEVICES WALKING CROSS COUNTRY SKIING CONSUMERS MEMBERS GAZELLE GLIDER CHARGES UNSUBSTANTIATED REPRESENTATIONS |
_________________________________________________________________
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 Fitness Quest, Inc. and
Robert R. Schnabel, Jr. The agreement would settle a proposed
complaint by the Federal Trade Commission that Fitness Quest and
Robert R. Schnabel, Jr. engaged in unfair or deceptive acts or
practices in violation of Section 5(a) of the Federal Trade Commission
Act.
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 or make final the agreement's proposed
order.
This matter concerns advertising practices related to the sale of
exercise equipment and weight-loss products, including the "Airofit,"
"SkyTrek" and "Gazelle Glider," exercise gliders, and the "Ab
Isolator" and "Abs Only Machine" abdominal exercise devices. The
proposed complaint charges that, through the use of statements
contained in its advertisements and promotional materials, the
respondents made the following unsubstantiated representations for
their exercise gliders: A) Under conditions of ordinary use, the
Airofit (1) burns calories at a rate of up to 1,000 per hour; (2)
burns three times more calories than burned while walking; (3) burns
nearly twice the calories burned while cross-country skiing or
exercising on a treadmill; (4) burns significantly more calories than
are burned while swimming, bicycling or doing step aerobics; and (5)
causes significant weight loss; B) Testimonials from consumers
appearing in advertisements for the Airofit reflect the typical or
ordinary experience of members of the public who use the product; C)
Under conditions of ordinary use the SkyTrek (1) burns calories at a
rate of up to 1,000 per hour; (2) burns three times more calories than
burned while walking at 3 m.p.h.; and (3) burns nearly two times the
calories burned while cross country skiing at 5 m.p.h.; and D) Under
conditions of ordinary use the Gazelle Glider (1) burns calories at a
rate of up to 1,000 per hour; (2) burns three times more calories than
burned while walking at 3 m.p.h.; (3) burns nearly twice the calories
burned while cross country skiing at 5 m.p.h.; and (4) burns more
calories than burned while running at 5.5 m.p.h.
The proposed complaint also charges that the respondents made the
SNIPPETS:
|
|
4
.
AGREEMENT CONTAINING CONSENT
|
EXTRACTED KEY WORDS
COMMISSION COMPLAINT REPRESENTATION PROPOSED RESPONDENTS FEDERAL TRADE COMMISSION ROBERT FITNESS QUEST SCHNABEL OFFICER AGREEMENT CONSUMER DISCLOSURE SUCCESSORS DRAFT COMPLAINT BUSINESS ACCEPTANCE ADVERTISEMENT MANNER EVIDENCE TERMINATE FACTS VIOLATION NOTIFY CONTRADICT RELIABLE SCIENTIFIC EVIDENCE WEIGHT-LOSS PRODUCT ORDINARY CONSUMER EMPLOYMENT SALE |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
FITNESS QUEST, INC., a corporation, and ROBERT R. SCHNABEL, JR.,
individually and as an officer of the corporation.
FILE NO. 982-3633
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Fitness Quest, Inc., a corporation, and Robert
R. Schnabel, Jr., individually and as an officer of the corporation
("proposed respondents"). Proposed respondents, having been
represented by counsel, are willing to enter into an agreement
containing a consent order resolving the allegations contained in the
attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between Fitness Quest, Inc., by its duly
authorized officers, Robert R. Schnabel, Jr., individually and as an
officer of the corporation, and counsel for the Federal Trade
Commission that:
1. Proposed Respondent Fitness Quest, Inc. is a Delaware corporation
with its principal office or place of business at 1400 Raff Road, SW,
Canton, Ohio 44750.
2. Respondent Robert R. Schnabel, Jr. is an officer of the corporate
respondent. Individually or in concert with others, he formulates,
directs, or controls the policies, acts, or practices of the
corporation. His principal office or place of business is the same as
that of Fitness Quest, Inc.
3. Proposed respondents admit all the jurisdictional facts set forth
in the draft complaint.
4. This agreement is for settlement purposes only and does not
constitute an admission by proposed respondents that the law has been
violated as alleged in the draft complaint, or that the facts as
alleged in the draft complaint, other than the jurisdictional facts,
are true.
5. Proposed respondents waive:
a. Any further procedural steps;
SNIPPETS:
|
|
|
| | | |
|
|
