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1
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DECISION & ORDER
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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
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2
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CONSENT AGREEMENT
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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
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3
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COMPLAINT
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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)
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4
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AZCUENAGA STATEMENT
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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)
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