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IN RE TRENDMARK INC Click to find out why . . .



Keywords & Phrases
CaseNo: IRTI93624, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, State: TN Tennessee, UniqueCaseRef: LCD>IRTI93624, Proposed Respondents, Federal Trade Commission, Trendmark, Complaint, Acts, Officer, Respondents, William Mccormack, Robert Gates, Practices, Representation, Agreement, Commission, Paragraph, Draft Complaint, Lipo-thin, Weight Loss, Advertisements, Disclosure, Consent Order, Affecting Commerce, Neuro-thin, Endorsement, Distribution, Consumers, Reliable Scientific Evidence, United States, Thin-thin Diet, Act, Directs, Advertisement, Consumer, Sale, Material Connection, Representations , ContentID: 120248001

Case Documents
1   DECISION & ORDER
[ see first page and extracted highlights below  ] ItemID: 119615
8 pages
HTML
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 119614
5 pages
HTML
3   AGREEMENT CONTAINING CONSENT
[ see first page and extracted highlights below  ] ItemID: 119613
16 pages
HTML
Total Documents: 3 documents , 29 pages
Price: $ 29.95


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1 . DECISION & ORDER

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
SNIPPETS:
  • BEFORE FEDERAL TRADE COMMISSION
  • The Federal Trade Commission having initiated an investigation of certain acts and practices
  • The Commission having thereafter considered the matter and having determined that it had makes the following jurisdictional findings and enters the following order:
  • Respondent TrendMark Inc. is a Tennessee corporation with its principal office or place of
  • Respondent William McCormack is an owner and officer of respondent TrendMark.
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • Respondent E. Robert Gates is an owner and officer of respondent TrendMark.
  • "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies,
  • In an advertisement communicated through an electronic medium, the disclosure shall be
  • Provided, however, that in any advertisement presented solely through video or audio means,
  • The video disclosure shall be of a size and shade, and shall appear on the screen for a
  • "Drug" shall mean as defined in Section 15 of the Federal Trade Commission Act,
  • "Food" shall mean as defined in Section 15 of the Federal Trade Commission Act,
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, or
  • unless at the time it is made, respondents possess and rely upon competent and reliable
  • Respondents disclose, clearly and prominently, and in close proximity to the testimonial or
  • IT IS FURTHER ORDERED that respondent TrendMark, and its successors and assigns, and
  • All advertisements and promotional materials containing the representation;

  • 2 . COMPLAINT

    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.
    
    SNIPPETS:
  • TrendMark Inc., also doing business as TrendMark International, a
  • individually and as an officer of the corporation.
  • The Federal Trade Commission, having reason to believe that TrendMark Inc., a corporation,
  • Respondent TrendMark Inc. is a Tennessee corporation with its principal office or place of
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • Neuro-Thin and Lipo-Thin are "foods" or "drugs," within the meaning of Sections 12 and 15 of
  • 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, including but
  • With the ALL NATURAL 'Thin-Thin Diet', you can achieve the same results, without the
  • Patent Pending Thin-Thin Diet works for you to lose weight and KEEP IT OFF.
  • The Thin-Thin Diet Program is a Nutritional Breakthrough Program with a NO DIET, NO WILL
  • *Inhibits LDL cholesterol and boosts HDL cholesterol.
  • LIPO-THIN eliminates fat before your body can absorb it.
  • Taking Neuro-Thin and Lipo-Thin in combination causes significant weight loss without a
  • Through the means described in Paragraph 6, respondents have represented, expressly or by
  • These studies cannot be used as adequate support for the therapeutic effects of Neuro-Thin
  • Through the means described in Paragraph 6, respondents have represented that the statements
  • At the time of providing their endorsements, Toni Holcomb and John Vaught were the spouses of

  • 3 . AGREEMENT CONTAINING CONSENT

    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:
    
    SNIPPETS:
  • The Federal Trade Commission has conducted an investigation of certain acts and practices of
  • Proposed respondents are willing to enter into an agreement containing a consent order
  • Individually or in concert with others, he formulates, directs, or controls the policies,
  • No agreement, understanding, representation, or interpretation not contained in the order or
  • Provided, however, that in any advertisement presented solely through video or audio means,
  • IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, or
  • Such product or program causes long-term or permanent weight loss;
  • E. Such product or program lowers LDL cholesterol or boosts HDL cholesterol;
  • unless at the time it is made, respondents possess and rely upon competent and reliable
  • Respondents disclose, clearly and prominently, and in close proximity to the testimonial or
  • the limited applicability of the endorser's experience to what consumers may generally expect
  • "material connection" shall mean any relationship that might materially affect the weight or
  • This order will terminate twenty years from the date of its issuance, or twenty years from
  • Respondents have disseminated or have caused to be disseminated advertisements, including but
  • With the ALL NATURAL ?Thin-Thin Diet', you can achieve the same results, without the
  • J. Testimonials from consumers appearing in advertisements for the Thin-Thin Diet reflect the
  • Through the means described in Paragraph 6, respondents have represented, expressly or by
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