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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT IHF FEDERAL TRADE COMMISSION REPRESENTATION ICON HEALTH FITNESS BUSINESS IHF HOLDINGS ACT VIOLATION EVIDENCE SUCCESSORS TERMINATE AGREEMENT JURISDICTION LAWS RELIABLE SCIENTIFIC EVIDENCE AFFECTING COMMERCE SALE CONSUMERS COMPETENT MANNER CALORIES APPEALING DELAWARE CITY LOGAN UTAH |
9623045
B224965
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Robert Pitofsky, Chairman
Mary L. Azcuenaga
Janet D. Steiger
Roscoe B. Starek, III
)
In the Matter of )
)
ICON HEALTH AND FITNESS, INC., ) DOCKET NO. C-
3765
IHF HOLDINGS, INC., and )
IHF CAPITAL, INC., )
) DECISION AND ORDER
Corporations. )
)
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 complaint which
the San Francisco Regional Office 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
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2
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CONSENT ORDER
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EXTRACTED KEY WORDS
IHF COMPLAINT COMMISSION PROPOSED RESPONDENTS REPRESENTATION FEDERAL TRADE COMMISSION ICON HEALTH FITNESS IHF HOLDINGS AGREEMENT DRAFT COMPLAINT ACCEPTANCE MANNER EVIDENCE SUCCESSORS TERMINATE FACTS VIOLATION RELIABLE SCIENTIFIC EVIDENCE AFFECTING COMMERCE SALE CONSUMERS COMPETENT CALORIES APPEALING PURSUANT PROCEEDING NOTIFY PURPOSES |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
ICON HEALTH AND FITNESS, INC., IHF HOLDINGS, INC.,
and IHF CAPITAL, INC. corporations.
FILE NO. 962 3045
CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Icon Health and Fitness, Inc., IHF Holdings,
Inc., and IHF Capital, Inc. ("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 Icon Health and Fitness, Inc., IHF
Holdings, Inc., and IHF Capital, Inc., by their duly authorized
officers, and counsel for the Federal Trade Commission that:
1.a. Proposed respondent Icon Health and Fitness, Inc. is a Delaware
corporation with its principal office or place of business at 1500 S.
1000 W., Logan, Utah 84321.
1.b. Proposed respondent IHF Holdings, Inc. is a Delaware corporation
with its principal office or place of business at 1500 S. 1000 W.,
Logan, Utah 84321.
1.c. Proposed respondent IHF Capital, Inc. is a Delaware corporation
with its principal office or place of business at 1500 S. 1000 W.,
Logan, Utah 84321.
2. Proposed respondents admit all the jurisdictional facts set forth
in the draft complaint.
3. Proposed respondents waive:
a. Any further procedural steps;
b. The requirement that the Commission's decision contain a
statement of findings of fact and conclusions of law; and
c. All rights to seek judicial review or otherwise to challenge or
contest the validity of the order entered pursuant to this
agreement.
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3
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CONSENT AGREEMENT
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EXTRACTED KEY WORDS
FITNESS CROSSWALK FEDERAL TRADE COMMISSION REPRESENTATION COMPLAINT PROPOSED RESPONDENTS IHF HOLDINGS SUPER DELAWARE CORPORATION AGREEMENT EXERCISE ICON HEALTH CALORIES BURN ACTS TREADMILL CONSENT ORDER DRAFT COMPLAINT PRINCIPAL OFFICE TOTAL BODY PRACTICES BUSINESS FAT BURNING CROSS WALK TREADMILL CROSSWALK ADVANTAGE MOTORIZED TREADMILL TARGET HEART RATE TESTIMONIALS CONSUMER |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
))
In the Matter of )
)
ICON HEALTH AND FITNESS, INC., ) FILE NO. 962 3045
IHF HOLDINGS, INC., and )
IHF CAPITAL, INC., ) AGREEMENT CONTAINING
corporations. ) CONSENT ORDER
)
)
)
The Federal Trade Commission has conducted an investigation
of certain acts and practices of Icon Health and Fitness, Inc.,
IHF Holdings, Inc., and IHF Capital, Inc. ("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 Icon Health and Fitness,
Inc., IHF Holdings, Inc., and IHF Capital, Inc., by their duly
authorized officers, and counsel for the Federal Trade Commission
that:
1.a. Proposed respondent Icon Health and Fitness, Inc. is a
Delaware corporation with its principal office or place of
business at 1500 S. 1000 W., Logan, Utah 84321.
1.b. Proposed respondent IHF Holdings, Inc. is a Delaware
corporation with its principal office or place of business at
1500 S. 1000 W., Logan, Utah 84321.
1.c. Proposed respondent IHF Capital, Inc. is a Delaware
corporation with its principal office or place of business at
1500 S. 1000 W., Logan, Utah 84321.
2. Proposed respondents admit all the jurisdictional facts set
forth in the draft complaint.
3. Proposed respondents waive:
Page 1 of 7
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4
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COMPLAINT
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EXTRACTED KEY WORDS
CROSSWALK FITNESS PROFORM SUPER RESPONDENTS CROSS WALK WORKOUT FEDERAL TRADE COMMISSION ADVERTISEMENT FAT BURNING EXHIBIT TOTAL BODY MANUAL TREADMILL BURN CALORIES TRADE COMMISSION ACT CROSSWALK ADVANTAGE MOTORIZED TREADMILLS LISTS FEATURES IHF HOLDINGS DELAWARE CORPORATION CAPTION REPRESENTATION SET ORIGINAL CROSSWALK VIP ROOM TARGET HEART RATE FEMALE VOICE PRINCIPAL OFFICE BUSINESS |
9623045
B224965
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
))
In the Matter of )
)
ICON HEALTH AND FITNESS, INC., )
IHF HOLDINGS, INC., and )
IHF CAPITAL, INC., )
corporations. ) DOCKET NO. C-3765
)
)
)
COMPLAINT
The Federal Trade Commission, having reason to believe that
Icon Health and Fitness, Inc., IHF Holdings, Inc., and IHF
Capital, Inc., corporations ("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 Icon Health and Fitness, Inc. is a Delaware
corporation with its principal office or place of business at
1500 S. 1000 W., Logan, Utah 84321.
2. Respondent IHF Holdings, Inc. is a Delaware corporation with
its principal office or place of business at 1500 S. 1000 W.,
Logan, Utah 84321.
3. Respondent IHF Capital, Inc. is a Delaware corporation with
its principal office or place of business at 1500 S. 1000 W.,
Logan, Utah 84321.
4. Respondents have advertised, labeled, offered for sale,
sold, and distributed exercise products to the public, including
the "Proform Cross Walk Treadmill," the "Proform Cross Walk
Plus," and the "Proform Cross Walk Advantage" ("Cross Walk
Treadmill[s]"), which are motorized treadmills.
5. The acts and practices of respondents alleged in this
complaint have been in or affecting commerce, as "commerce" is
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