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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION COMPLAINT FEDERAL TRADE COMMISSION TRENDMARK REPRESENTATION ACT OFFICER ADVERTISEMENT DISCLOSURE CONSUMER SALE DRUG LABELING ROBERT GATES BUSINESS DIRECTS PROMOTION AFFECTING COMMERCE WILLIAM MCCORMACK PRACTICES CONNECTION RELIABLE SCIENTIFIC EVIDENCE MANNER MATERIALS SUCCESSORS FOOD OFFERING DISTRIBUTION ENDORSEMENT |
9723255
B245224
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Sheila F. Anthony
Mozelle W. Thompson
Orson Swindle
In the Matter of
TrendMark Inc., also doing business as TrendMark International, a
corporation, William McCormack, individually and as an officer of the
corporation, and E. Robert Gates, individually and as an officer of
the corporation.
DOCKET NO. C-3829
DECISION AND ORDER
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 New York 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 attorney, 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 respondents have
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 Section 2.34 of its Rules, the Commission
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2
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COMPLAINT
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EXTRACTED KEY WORDS
RESPONDENTS NEURO-THIN THIN-THIN DIET ACTS TRENDMARK REPRESENTATIONS FEDERAL TRADE COMMISSION WEIGHT OFFICER PRACTICES FAT PARAGRAPH ADVERTISEMENTS ALLEGES COMPLAINT WEIGHT LOSS BUSINESS REASON DIRECTS FOODS EXHIBIT POUNDS CHOLESTEROL REPRESENTATIONS SET ADEQUATE ENDORSEMENTS DISTRIBUTORS AFFECTING COMMERCE WEBSITE |
9723255
B245224
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
TrendMark Inc., also doing business as TrendMark International, a
corporation,
William McCormack, individually and as an officer of the corporation,
and
E. Robert Gates, individually and as an officer of the corporation.
DOCKET NO. C-3829
COMPLAINT
The Federal Trade Commission, having reason to believe that TrendMark
Inc., a corporation, William McCormack, and E. Robert Gates,
individually and as officers of the corporation ("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 TrendMark Inc. ("TrendMark") is a Tennessee corporation
with its principal office or place of business at 3665 South Perkins,
Suite 8, Memphis, TN 33183.
2. Respondent William McCormack is an owner and officer of respondent
TrendMark. Individually or in concert with others, he formulates,
directs, or controls the policies, acts, or practices of TrendMark,
including the acts or practices alleged in this complaint. His
principal office or place of business is the same as that of
TrendMark.
3. Respondent E. Robert Gates is an owner and officer of respondent
TrendMark. Individually or in concert with others, he formulates,
directs, or controls the policies, acts, or practices of TrendMark,
including the acts or practices alleged in this complaint. His
principal office or place of business is the same as that of
TrendMark.
4. Respondents have manufactured, advertised, labeled, offered for
sale, sold, and distributed over-the-counter weight-loss products to
the public called "Neuro-Thin" and "Lipo-Thin." Neuro-Thin and
Lipo-Thin are "foods" or "drugs," within the meaning of Sections 12
and 15 of the Federal Trade Commission Act.
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3
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION TRENDMARK COMPLAINT ACTS OFFICER WILLIAM MCCORMACK BUSINESS ROBERT GATES AGREEMENT PRACTICES REPRESENTATION DRAFT COMPLAINT CONSENT ORDER WEIGHT LOSS PARAGRAPH CONSUMERS UNITED STATES ADVERTISEMENTS ENDORSEMENT MATERIAL CONNECTION DISTRIBUTION RELIABLE SCIENTIFIC EVIDENCE DISCLOSURE ADVERTISING BOOSTS HDL CHOLESTEROL ORDINARY EXPERIENCE AFFECTING COMMERCE SUBSTANTIATES THIN-THIN |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
TrendMark Inc., also doing business as TrendMark International, a
corporation, William McCormack, individually and as an officer of the
corporation, and E. Robert Gates, individually and as an officer of
the corporation.
FILE NO. 972 3255
AGREEMENT CONTAINING
CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of TrendMark Inc. ("TrendMark"), also doing
business as TrendMark International, a corporation, and William
McCormack and E. Robert Gates, individually and as officers of the
corporation ("proposed respondents"). Proposed respondents 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 TrendMark Inc., a corporation, and
William McCormack and E. Robert Gates, individually and as an officers
of the corporation, by their duly authorized officers, and counsel for
the Federal Trade Commission that:
1.a. Proposed respondent TrendMark is a Tennessee corporation with its
principal office or place of business at 3665 South Perkins, Suite 8,
Memphis, TN 33183.
1.b.Proposed respondent William McCormack is an owner and officer of
proposed respondent TrendMark. Individually or in concert with others,
he formulates, directs, or controls the policies, acts, or practices
of TrendMark. His principal office or place of business is the same as
that of TrendMark.
1. c. Proposed respondent E. Robert Gates is an owner and officer of
proposed respondent TrendMark. Individually or in concert with others,
he formulates, directs, or controls the policies, acts, or practices
of TrendMark. His principal office or place of business is the same as
that of TrendMark.
2. Proposed respondents admit all the jurisdictional facts set forth
in the draft complaint.
3. Proposed respondents waive:
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