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IN RE LIFE FITNESS Click to find out why . . .



Keywords & Phrases
CaseNo: IRLF88644, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: NY New York, UniqueCaseRef: LCD>IRLF88644, Respondent, General Partner, Commission, Representation, Complaint, Federal Trade Commission, Calories, Life Fitness, Burn, Lifecycle, Agreement, Act, Violation, Affecting Commerce, Paragraph, Fitness Companies, Alleges, Practices, Terminate, Weight Loss, Burning, Evidence, Exhibit, Acts, Possess, Limited Partnership, Representation Set, Consent Order, Draft Complaint, Acceptance, Sale, Facts, Substantiates, Advertising, Officers, Reasonable Basis, Advertisements, Implication, Fat Burning , ContentID: 120247842

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 118998
6 pages
PDF
2   CONSENT AGREEMENT
[ see first page and extracted highlights below  ] ItemID: 118997
11 pages
PDF
3   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 118996
3 pages
PDF
4   AZCUENAGA STATEMENT
[ see first page and extracted highlights below  ] ItemID: 118995
3 pages
PDF
Total Documents: 4 documents , 23 pages
Price: $ 34.95


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1 . DECISION & ORDER

EXTRACTED KEY WORDS
RESPONDENT
COMMISSION
COMPLAINT
FEDERAL TRADE COMMISSION
REPRESENTATION
OFFICERS
ACT
LIFE FITNESS
VIOLATION
TERMINATE
AGREEMENT
JURISDICTION
BUSINESS
EVIDENCE
AFFECTING COMMERCE
SALE
MANNER
CALORIES
WEIGHT LOSS
BURNING
APPEALING
LIFE FITNESS COMPANIES
THEREAFTER
CONSENT
JURISDICTIONAL FACTS
LAWS
MATTER
PRINCIPALS
LIMITED PARTNERSHIP
                                                         9623042
                                                         B225070

                       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                       )
                                        )
LIFE FITNESS,                           )    DOCKET NO. C-3766
                                        )
     a general partnership.             )
                                        )    DECISION AND ORDER
                                        )
                                        )
                                        )



     The Federal Trade Commission having initiated an
investigation of certain acts and practices of the respondent
named in the caption hereof, and the respondent and its general
partner, The Life Fitness Companies L.P., 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, its general partner, their attorney, and
counsel for the Commission having thereafter executed an
agreement containing a consent order, an admission by the
respondent and its general partner 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 or its
general partner 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

SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • respondent has violated the said Act, and that a complaint should issue stating its charges
  • Respondent Life Fitness is a general partnership organized, existing, and doing business
  • The Life Fitness Companies L.P. is a limited partnership organized, existing, and doing
  • The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies,
  • Unless otherwise specified, references to respondent's "general partner" shall mean The Life
  • "In or affecting commerce" shall mean as defined in Section 4 of the Federal Trade Commission
  • IT IS ORDERED that respondent and its general partner, and their officers, agents,
  • About the rate at which users burn calories, or the number of calories users burn, through
  • About the benefits, performance, or efficacy of such product with respect to calorie burning,
  • unless, at the time the representation is made, respondent and its general partner possess
  • IT IS FURTHER ORDERED that respondent and its general partner, and their officers, agents, interpretations of any test, study, or research relating to calorie burning, fat burning, or weight
  • IT IS FURTHER ORDERED that respondent and its general partner shall deliver a copy of this es final.
  • This order will terminate on September 9, 2017, or twenty years from the most recent date
  • deadline for appealing such dismissal or ruling and the date such dismissal or ruling is

  • 2 . CONSENT AGREEMENT

    EXTRACTED KEY WORDS
    RESPONDENT
    COMMISSION
    COMPLAINT
    REPRESENTATION
    LIFE FITNESS
    FEDERAL TRADE COMMISSION
    CALORIES
    FITNESS COMPANIES
    AGREEMENT
    BURN
    ACTS
    LIFECYCLE
    CONSENT ORDER
    WEIGHT LOSS
    BURNING
    PRACTICES
    DRAFT COMPLAINT
    ACCEPTANCE
    VIOLATION
    ALLEGES
    LIMITED PARTNERSHIP
    FACTS
    SUBSTANTIATES
    EVIDENCE
    AFFECTING COMMERCE
    ADVERTISING
    TERMINATE
    FAT BURNING
    POSSESS
    
                          UNITED STATES OF AMERICA
                          FEDERAL TRADE COMMISSION
    
                                            )
          In the Matter of                       )
                                            )
    LIFE FITNESS,                           )    FILE NO. 962 3042
          a general partnership.             )
                                            )    AGREEMENT CONTAINING
                                            )    CONSENT ORDER
                                            )
                                            )
    
    
          The Federal Trade Commission has conducted an investigation
    of certain acts and practices of Life Fitness, a general
    partnership ("proposed respondent").  Proposed respondent and its
    general partner, The Life Fitness Companies L.P., 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 Life Fitness and The Life
    Fitness Companies L.P. ("general partner"), by their duly
    authorized representatives, and counsel for the Federal Trade
    Commission that:
    
    1.a. Proposed respondent Life Fitness is a New York general
    partnership with its principal office or place of business at
    10601 West Belmont Avenue, Franklin Park, Illinois, 60131.
    
    1.b. The Life Fitness Companies L.P. is a Delaware limited
    partnership with its principal office or place of business at
    10601 West Belmont Avenue, Franklin Park, Illinois, 60131.  The
    Life Fitness Companies L.P. is a general partner of Life Fitness.
    
    2.    Proposed respondent and its general partner admit all the
    jurisdictional facts set forth in the draft complaint.
    
    3.    Proposed respondent and its general partner 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
    
    
    
    
    SNIPPETS:
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondent and its general partner, The Life Fitness Companies L.P., having been
  • The Life Fitness Companies L.P. is a Delaware limited partnership with its principal office
  • The Commission thereafter may either withdraw its acceptance of this agreement and so notify
  • This agreement is for settlement purposes only and does not constitute an admission by
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • They understand that they may be liable for civil penalties in the amount provided by law and
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies,
  • "In or affecting commerce" shall mean as defined in Section 4 of the Federal Trade Commission
  • About the rate at which users burn calories, or the number of calories users burn, through
  • About the benefits, performance, or efficacy of such product with respect to calorie burning,
  • unless, at the time the representation is made, respondent and its general partner possess
  • IT IS FURTHER ORDERED that respondent and its general partner, and their officers, agents, interpretations of any test, study, or research relating to calorie burning, fat burning, or weight
  • future principals, partners, officers, directors, and managers, and to all current and future
  • "Research has shown that the patented Lifecycle programs allow you to burn over 1,000
  • In truth and in fact, respondent did not possess and rely upon a reasonable basis that
  • The Commission's complaint against respondent alleges that respondent deceptively advertised

  • 3 . COMPLAINT

    EXTRACTED KEY WORDS
    REPRESENTATION
    FEDERAL TRADE COMMISSION
    LIFECYCLE
    PARAGRAPH
    ACT
    BURN
    CALORIES
    EXHIBIT
    COMPLAINT
    REPRESENTATION SET
    REASONABLE BASIS
    ALLEGES
    ADVERTISEMENTS
    PRACTICES
    AFFECTING COMMERCE
    IMPLICATION
    LIFE FITNESS
    GENERAL PARTNERSHIP
    VIOLATION
    EXERCISE
    LIFECYCLE PROGRAMS
    POSSESS
    TRUTH
    MISLEADING
    SALE
    SOLD
    DISTRIBUTED EXERCISE PRODUCTS
    EXERCISE BICYCLES
    PATENTED LIFECYCLE PROGRAMS
    
                                                            9623042
                                                            B225070
    
                             UNITED STATES OF AMERICA
                             FEDERAL TRADE COMMISSION
    
                                            )
          In the Matter of                        )
                                            )
    LIFE FITNESS,                           )
          a general partnership.             )
                                            )
                                            )       DOCKET NO. C-3766
                                            )
    
    
                                     COMPLAINT
    
          The Federal Trade Commission, having reason to believe that
    Life Fitness, a general partnership ("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 Life Fitness is a New York general partnership
    with its principal office or place of business at 10601 West
    Belmont Avenue, Franklin Park, Illinois 60131.
    
    2.    Respondent has manufactured, advertised, labeled, offered
    for sale, sold, and distributed exercise products to the public,
    including "Lifecycles," which are exercise bicycles.
    
    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 Lifecycles, including but not necessarily
    limited to the attached Exhibits A through C.  These
    advertisements contain the following statements:
    
          A.       "Research has shown that the patented
          Lifecycle programs allow you to burn over 1,000 calories per
          hour!
          .  .  .  ."
    
    
    
          (Exhibit A)
    
    SNIPPETS:
  • The Federal Trade Commission, having reason to believe that Life Fitness, a general
  • Respondent Life Fitness is a New York general partnership with its principal office or place
  • Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed
  • The acts and practices of respondent alleged in this complaint have been in or affecting
  • Respondent has disseminated or has caused to be disseminated advertisements for Lifecycles,
  • "Research has shown that the patented Lifecycle programs allow you to burn over 1,000
  • (Exhibit A)
  • Through the means described in Paragraph 4, respondent has represented, expressly or by
  • Through the means described in Paragraph 4, respondent has represented, expressly or by
  • In truth and in fact, respondent did not possess and rely upon a reasonable basis that
  • Therefore, the representation set forth in Paragraph 6 was, and is, false or misleading.
  • The acts and practices of respondent as alleged in this complaint constitute unfair or

  • 4 . AZCUENAGA STATEMENT

    EXTRACTED KEY WORDS
    REPRESENTATION
    FEDERAL TRADE COMMISSION
    LIFECYCLE
    PARAGRAPH
    ACT
    BURN
    CALORIES
    EXHIBIT
    COMPLAINT
    REPRESENTATION SET
    REASONABLE BASIS
    ALLEGES
    ADVERTISEMENTS
    PRACTICES
    AFFECTING COMMERCE
    IMPLICATION
    LIFE FITNESS
    GENERAL PARTNERSHIP
    VIOLATION
    EXERCISE
    LIFECYCLE PROGRAMS
    POSSESS
    TRUTH
    MISLEADING
    SALE
    SOLD
    DISTRIBUTED EXERCISE PRODUCTS
    EXERCISE BICYCLES
    PATENTED LIFECYCLE PROGRAMS
    
                                                            9623042
                                                            B225070
    
                             UNITED STATES OF AMERICA
                             FEDERAL TRADE COMMISSION
    
                                            )
          In the Matter of                        )
                                            )
    LIFE FITNESS,                           )
          a general partnership.             )
                                            )
                                            )       DOCKET NO. C-3766
                                            )
    
    
                                     COMPLAINT
    
          The Federal Trade Commission, having reason to believe that
    Life Fitness, a general partnership ("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 Life Fitness is a New York general partnership
    with its principal office or place of business at 10601 West
    Belmont Avenue, Franklin Park, Illinois 60131.
    
    2.    Respondent has manufactured, advertised, labeled, offered
    for sale, sold, and distributed exercise products to the public,
    including "Lifecycles," which are exercise bicycles.
    
    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 Lifecycles, including but not necessarily
    limited to the attached Exhibits A through C.  These
    advertisements contain the following statements:
    
          A.       "Research has shown that the patented
          Lifecycle programs allow you to burn over 1,000 calories per
          hour!
          .  .  .  ."
    
    
    
          (Exhibit A)
    
    SNIPPETS:
  • The Federal Trade Commission, having reason to believe that Life Fitness, a general
  • Respondent Life Fitness is a New York general partnership with its principal office or place
  • Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed
  • The acts and practices of respondent alleged in this complaint have been in or affecting
  • Respondent has disseminated or has caused to be disseminated advertisements for Lifecycles,
  • "Research has shown that the patented Lifecycle programs allow you to burn over 1,000
  • (Exhibit A)
  • Through the means described in Paragraph 4, respondent has represented, expressly or by
  • Through the means described in Paragraph 4, respondent has represented, expressly or by
  • In truth and in fact, respondent did not possess and rely upon a reasonable basis that
  • Therefore, the representation set forth in Paragraph 6 was, and is, false or misleading.
  • The acts and practices of respondent as alleged in this complaint constitute unfair or
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