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IN RE JENNY CRAIG INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRJCI99030, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: CA California, UniqueCaseRef: LCD>IRJCI99030, Respondents, Jenny Craig, Representation, Weight Loss, Paragraph, Federal Trade Commission, Weight Loss Program, Exhibit, Advertisements, Agreement, Complaint, Weight, Jenny Craig Customers, Implication, Representation Set, Disclosure, Maintenance, Consent Order, Maintenance Success, Reliable Scientific Evidence, Consumers, Prominent, Broadcast, Proposed Order, Weight Loss Maintenance, Trade Commission Act, Losing Weight, Successfully Maintained Weight, Loss Maintenance Success, California , ContentID: 120247823

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118919
12 pages
HTML
2   CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 118918
33 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118917
9 pages
HTML
Total Documents: 3 documents , 54 pages
Price: $ 29.95


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1 . DECISION & ORDER

EXTRACTED KEY WORDS
WEIGHT LOSS
FEDERAL TRADE COMMISSION
JENNY CRAIG
REPRESENTATION
COMPLAINT
WEIGHT LOSS PROGRAM
AGREEMENT
WEIGHT LOSS MAINTENANCE
PARAGRAPH
LOSS MAINTENANCE SUCCESS
DISCLOSURE
ADVERTISEMENT
PROMINENT
THEREAFTER
JURISDICTIONAL FACTS
PURPOSES
POTENTIAL CLIENT
BROADCAST
RELIABLE SCIENTIFIC EVIDENCE
IMPLICATION
JENNY CRAIG CUSTOMERS
TRADE COMMISSION ACT
FRANCHISEES
LICENSEES
SUCCESSFULLY MAINTAINED WEIGHT
AZCUENAGA SHEILA
VIOLATION
ADMISSION
JURISDICTIONAL FACTS SET
                                                                  B234118

                          UNITED STATES OF AMERICA
                      BEFORE FEDERAL TRADE COMMISSION

   COMMISSIONERS:
          Robert Pitofsky, Chairman
          Mary L. Azcuenaga
          Sheila F. Anthony
          Mozelle W. Thompson
          Orson Swindle

                             In the Matter of

   JENNY CRAIG, INC., a corporation, and JENNY CRAIG INTERNATIONAL, INC.,
                               a corporation.

                              DOCKET NO. 9260

                             DECISION AND ORDER

   The Commission having heretofore issued its complaint charging the
   respondents named in the caption hereof with violation of Sections 5
   and 12 of the Federal Trade Commission Act, as amended, and the
   respondents having been served with a copy of that complaint, together
   with a notice of contemplated relief; 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 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 Secretary of the Commission having thereafter withdrawn this
   matter from adjudication in accordance with § 3.25(c) of its Rules;
   and

   The Commission having considered the matter and having thereupon
   accepted the executed consent agreement and placed such agreement on
   the public record for a period of sixty (60) days, and having duly
   considered the comments filed thereafter by interested persons
   pursuant to § 3.25(f) of its Rules, and having modified the order in
   several respects, now in further conformity with the procedure
   prescribed in § 3.25(f) of its Rules, the Commission hereby makes the
SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • Mary L. Azcuenaga Sheila F. Anthony Mozelle W. Thompson
  • JENNY CRAIG, INC., a corporation, and JENNY CRAIG INTERNATIONAL, INC.,
  • The Commission having heretofore issued its complaint charging the respondents named in the
  • The Secretary of the Commission having thereafter withdrawn this matter from adjudication in
  • For the purposes of this order,
  • "Competent and reliable scientific evidence" shall mean those tests, analyses, research,
  • "Weight loss program" shall mean any program designed to aid consumers in weight loss or
  • "Broadcast medium" shall mean any radio or television broadcast, cablecast, home video, or
  • For any order-required disclosure in a print medium to be made "clearly and prominently" or
  • F. For any order-required disclosure given in the video portion of a television or video
  • IT IS ORDERED that Jenny Craig, Inc., a corporation, and Jenny Craig International, Inc., a ssion Act, do forthwith cease and desist from:
  • Making any representation, directly or by implication, about the success of participants on
  • Representing, directly or by implication, except through endorsements or testimonials
  • provided, however, that a truthful statement that merely describes the existence, design or
  • What the generally expected success would be for Jenny Craig customers in losing weight or oss success, respondents can satisfy the requirements of this subparagraph by accurately disclosing:
  • Commission files a complaint in federal court alleging any violation of the order, whichever

  • 2 . CONSENT AGREEMENT

    EXTRACTED KEY WORDS
    REPRESENTATION
    JENNY CRAIG
    WEIGHT LOSS
    WEIGHT LOSS PROGRAM
    FEDERAL TRADE COMMISSION
    PARAGRAPH
    AGREEMENT
    ADVERTISEMENTS
    EXHIBIT
    JENNY CRAIG CUSTOMERS
    MAINTENANCE
    CONSENT ORDER
    MAINTENANCE SUCCESS
    COMPLAINT
    BUSINESS
    PROPOSED ORDER
    REPRESENTATION SET
    DISCLOSURE
    IMPLICATION
    CONSUMERS
    RELIABLE SCIENTIFIC EVIDENCE
    CALIFORNIA
    SUBSTANTIATING
    PROMINENT
    LOSING WEIGHT
    COMPETENT
    BROADCAST
    SUCCESSFULLY MAINTAINED WEIGHT
    TRADE COMMISSION ACT
    
                            UNITED STATES OF AMERICA
                        BEFORE FEDERAL TRADE COMMISSION
    
                                       )
    In the Matter of                      )             DOCKET NO. 9260
                                          )
    JENNY CRAIG, INC.,                    )             AGREEMENT CONTAINING
      a corporation, and               )                CONSENT ORDER
                                          )
    JENNY CRAIG INTERNATIONAL, INC.,      )
      a corporation.                      )
                                       )
    
          This agreement, by and between Jenny Craig Inc. and Jenny
    Craig International, Inc., corporations, by their duly authorized
    officers ("respondents"), having been represented by counsel, and
    counsel for the Federal Trade Commission, is entered into in
    accordance with the Commission's Rule governing consent order
    procedures.  The parties hereby agree that:
    
    1.    Respondent Jenny Craig, Inc. is a corporation organized,
    existing, and doing business under and by virtue of the laws of
    the State of Delaware, with its principal place of business
    located at 445 Marine View Avenue, #300, Del Mar, California
    92014.
    
          Respondent Jenny Craig International, Inc. is a corporation
    organized, existing, and doing business under and by virtue of
    the laws of the State of California, with its principal place of
    business located at 445 Marine View Avenue, #300, Del Mar,
    California 92014.
    
    2.    Respondents have been served with a copy of the complaint
    issued by the Federal Trade Commission charging them with
    violations of Sections 5(a) and 12 of the Federal Trade
    Commission Act, and have filed answers to the complaint.
    
    3.    Respondents admit all the jurisdictional facts set forth in
    the complaint.
    
    4.    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;
    
          c.    All rights to seek judicial review or otherwise to
    
    SNIPPETS:
  • This agreement, by and between Jenny Craig Inc. and Jenny Craig International, Inc.,
  • Respondent Jenny Craig, Inc. is a corporation organized, existing, and doing business under
  • Respondent Jenny Craig International, Inc. is a corporation organized, existing, and doing
  • Respondents have been served with a copy of the complaint issued by the Federal Trade
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • Respondents have read the complaint and consent order.
  • "Competent and reliable scientific evidence" shall mean those tests, analyses, research,
  • "Weight loss program" shall mean any program designed to aid consumers in weight loss or
  • "Broadcast medium" shall mean any radio or television broadcast, cablecast, home video, or
  • For any order-required disclosure in a print medium to be made "clearly and prominently" or
  • Making any representation, directly or by implication, about the success of participants on
  • Representing, directly or by implication, except through endorsements or testimonials
  • Representing, directly or by implication, in short broadcast advertisements, that
  • You may have seen our recent ad about maintenance success.
  • What the generally expected success would be for Jenny Craig customers in losing weight or oss success, respondents can satisfy the requirements of this subparagraph by accurately disclosing:
  • Representing, directly or by implication, that prospective participants in respondents'
  • "Jeanne-Mer Garcia lost 81 lbs." (Exhibit A)
  • In truth and in fact, at the time they made the representation set forth in PARAGRAPH SIX,
  • the Commission will again review the agreement and any comments received and will decide

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    WEIGHT
    JENNY CRAIG
    EXHIBIT
    RESPONDENTS
    REPRESENTATION
    WEIGHT LOSS
    ADVERTISEMENTS
    REPRESENTATION SET
    CUSTOMERS
    LOST
    FEDERAL TRADE COMMISSION
    IMPLICATION
    REASONABLE BASIS
    ACTS
    CONSUMERS
    LBS
    POSSESS
    TRUTH
    JENNY CRAIG CLIENTS
    PRICE
    PRACTICES
    SALES
    MISLEADING
    LOSING WEIGHT
    SUCCESSFUL
    POUNDS
    CHARGES
    COST
    HEALTH
    
                                                                      B234118
    
                              UNITED STATES OF AMERICA
                          BEFORE FEDERAL TRADE COMMISSION
    
                                 In the Matter of
    
       JENNY CRAIG, INC., a corporation, and JENNY CRAIG INTERNATIONAL, INC.,
                                   a corporation.
    
                                  DOCKET NO. 9260
    
                                 AMENDED COMPLAINT
    
       The Federal Trade Commission, having reason to believe that Jenny
       Craig, Inc., a corporation, and Jenny Craig International, Inc., a
       corporation ("Jenny Craig" or "respondents"), have violated the
       provisions of the Federal Trade Commission Act, and it appearing to
       the Commission that a proceeding by it in respect thereof would be in
       the public interest, alleges:
    
       PARAGRAPH ONE: Respondent Jenny Craig International, Inc., a
       California Corporation, is a wholly-owned subsidiary of respondent
       Jenny Craig, Inc., a Delaware Corporation. Jenny Craig, Inc. dominates
       and controls the acts and practices of Jenny Craig International, Inc.
       Both corporations maintain their offices and principal places of
       business at 445 Marine View Avenue, #300, Del Mar, California 92014.
    
       PARAGRAPH TWO: Respondents have advertised, offered for sale, and sold
       weight loss and weight maintenance services and products, including
       1000 to 1500 calorie-a-day weight loss programs which they make
       available to consumers at numerous company-owned and franchised "Jenny
       Craig Weight Loss Centres" nationwide. These products also include
       "food" within the meaning of Sections 12 and 15 of the Federal Trade
       Commission Act.
    
       PARAGRAPH THREE: 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.
    
       PARAGRAPH FOUR: Respondents have disseminated or have caused to be
       disseminated advertisements for the Jenny Craig Weight Loss Program,
       including but not necessarily limited to the attached Exhibits A
       through V.
    
                                   SUCCESS CLAIMS
    
       PARAGRAPH FIVE: The advertisements referred to in PARAGRAPH FOUR,
    
    SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • JENNY CRAIG, INC., a corporation, and JENNY CRAIG INTERNATIONAL, INC.,
  • PARAGRAPH TWO: Respondents have advertised, offered for sale, and sold weight loss and weight
  • The acts and practices of respondents alleged in this complaint have been in or affecting
  • Respondents have disseminated or have caused to be disseminated advertisements for the Jenny
  • "Jeanne-Mer Garcia lost 81 lbs." (Exhibit A)
  • Through the use of the statements contained in the advertisements referred to in PARAGRAPH
  • Through the use of the statements contained in the advertisements referred to in PARAGRAPH
  • In truth and in fact, at the time they made the representation set forth in PARAGRAPH SIX,
  • "I lost 95 pounds in just over six months.
  • Therefore, the representation as set forth in PARAGRAPH ELEVEN was, and is, false and
  • In the routine course and conduct of their business, respondents state, during the initial
  • Some have hidden charges.
  • It's like they're punishing you for losing weight.
  • "Our price is guaranteed.
  • Through the use of the statements contained in the advertisements referred to in PARAGRAPH
  • PARAGRAPH TWENTY-ONE, and through the conduct of the monitoring described in PARAGRAPH
  • National Survey of Jenny Craig Clients Oct-Dec 1991.
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