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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION COMPLAINT REPRESENTATION DRUG FOOD TRADE COMMISSION ACT SALE BUSINESS RELIABLE SCIENTIFIC EVIDENCE MANNER LABELING VIOLATION NUTRATRIM KAVE ELAHIE AGREEMENT JURISDICTION COMPETENT EMPLOYMENT DIRECTORS ADVERTISING PROMOTION BIO-ACTIVE CELLULITE CONTROL NUTRATRIM WEIGHT LOSS AFFECTING COMMERCE TERMINATE FAT RESPONDENT POSSESSES CONSUMERS APPEALING |
9723024
B226096
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 ) DOCKET NO. C-3770
)
KAVE ELAHIE d/b/a M.E.K. INTERNATIONAL, )
) DECISION AND ORDER
a sole proprietorship. )
_________________________________________)
The Federal Trade Commission having initiated an
investigation of certain acts and practices of the respondent
named in the caption hereof, and the respondent 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 respondent with violation of the Federal
Trade Commission Act; and
The respondent and counsel for the Commission having
thereafter executed an agreement containing a consent order, an
admission by the respondent 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 respondent 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
respondent has 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
further conformity with the procedure prescribed in § 2.34 of its
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2
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CONSENT AGREEMENT
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION COMPLAINT PROPOSED RESPONDENT ACT AGREEMENT NUTRATRIM BUSINESS WEIGHT LOSS KAVE ELAHIE REPRESENTATION FAT CONSENT ORDER CELLULITE DRAFT COMPLAINT PRACTICES CALIFORNIA NUTRATRIM BIO-ACTIVA UNITED STATES BIO-ACTIVE CELLULITE CONTROL PARAGRAPH SUBSTANTIATES PRINCIPALS EMERIC STREET RELIABLE SCIENTIFIC EVIDENCE SERUM CHOLESTEROL EXERCISE METABOLISM ADVERTISEMENTS TREATMENT |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
_______________________________________
)
In the Matter of ) File No. 972 3024
)
KAVE ELAHIE d/b/a M.E.K. INTERNATIONAL,) AGREEMENT CONTAINING
) CONSENT ORDER
a sole proprietorship. )
_______________________________________)
The Federal Trade Commission has conducted an investigation
of certain acts and practices of Kave Elahie doing business as
M.E.K. International ("proposed respondent"). Proposed
respondent is 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 Kave Elahie and counsel
for the Federal Trade Commission that:
1. Proposed respondent Kave Elahie, doing business as M.E.K.
International, is a sole proprietorship doing business under and
by virtue of the laws of the State of California, with his
principal place of business located at 1669 Emeric Street, Simi
Valley, California 93065.
2. Proposed respondent admits all the jurisdictional facts set
forth in the draft complaint.
3. Proposed respondent waives:
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.
4. This agreement shall not become part of the public record of
the proceeding unless and until it is accepted by the Commission.
Page 1 of 7
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3
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COMPLAINT
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EXTRACTED KEY WORDS
WEIGHT FAT CELLULITE EXHIBIT RESPONDENT REPRESENTATION NUTRATRIM BIO-ACTIVA CREAM PARAGRAPH DIET FEDERAL TRADE COMMISSION LOST ACT EXERCISE TREATMENT CONTROL WEIGHT LOSS SKIN ADVERTISEMENTS POUNDS CHOLESTEROL REPRESENTATION SET REASONABLE BASIS COMPLAINT GUARANTEEING METABOLISM SCIENTISTS IMPLICATION STOMACH |
9723024
B226096
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
_______________________________________
)
In the Matter of )
)
KAVE ELAHIE d/b/a M.E.K. INTERNATIONAL,) Docket No. C-3770
)
a sole proprietorship. )
_______________________________________)
COMPLAINT
The Federal Trade Commission, having reason to believe that
Kave Elahie doing business as M.E.K. International
("respondent"), has 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 Kave Elahie is the sole proprietor of M.E.K.
International, a California company with its principal office or
place of business at 1669 Emeric Street, Simi Valley, California
93065. Individually or in concert with others, he formulates,
directs, or controls the policies, acts or practices alleged in
this complaint.
2. Respondent has advertised, labeled, offered for sale, sold,
and distributed products to the public, including the "NutraTrim
Bio-Active Cellulite Control Cream" (with aminophylline), and the
"NutraTrim Weight Loss" tablets (with chromium picolinate)
collectively referred to as the NutraTrim products. The
NutraTrim products are advertised in Spanish-language magazines,
such as Buenhogar. The NutraTrim products are "foods" and/or
"drugs" within the meaning of Sections 12 and 15 of the Federal
Trade Commission Act.
3. The acts and practices of respondent alleged in this
complaint have been in or affecting commerce, as "commerce" is
defined in Section 4 of the Federal Trade Commission Act.
4. Respondent has disseminated or has caused to be disseminated
advertisements for the NutraTrim products, including but not
necessarily limited to the attached Exhibits A through C. These
advertisements contain the following statements:
A. "Love handles, cellulite and fat. Now you can
eliminate it with NutraTrim Bio-activa cream."
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