Victoria Bie d/b/a Body Gold; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 942-3328]

Victoria Bie d/b/a Body Gold; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: In settlement of alleged violations of federal law prohibiting

unfair or deceptive acts or practices and unfair methods of

competition, this consent agreement, accepted subject to final

Commission approval, would prohibit, among other things, the La Jolla,

California-based dietary supplement manufacturer from making certain

challenged claims for chromium picolinate dietary supplements, without

competent and reliable scientific evidence to support them; from

misrepresenting the results of any test, study, or research; and from

representing that any testimonial or endorsement is the typical or

ordinary experience of users of the advertised product, unless the

claim is substantiated or unless Bie discloses the generally expected

results clearly and prominently. The agreement settles allegations that

Bie made unsupported claims about weight loss and health benefits for

chromium picolinate dietary supplements.

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DATES: Comments must be received on or before January 14, 1997.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W., Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT: Claude Wild, III, Federal Trade

Commission, Denver Regional Office, 1961 Stout Street, Suite 1523,

Denver, CO 80294. (303) 844-2272. Sohni Bendiks, Federal Trade

Commission, Denver Regional Office, 1961 Stout Street, Suite 1523,

Denver, CO 80294. (303) 844-3923.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal

Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46, and Section 2.34 of

the Commission's Rules of Practice (16 CFR 2.34), notice is hereby

given that the above-captioned consent agreement containing a consent

order to cease and desist, having been filed with and accepted, subject

to final approval, by the Commission, has been placed on the public

record for a period of sixty (60) days. The following Analysis to Aid

Public Comment describes the terms of the consent agreement, and the

allegations in the accompanying complaint. An electronic copy of the

full text of the consent agreement package can be obtained from the FTC

Home page, on the World Wide Web, at ``http://www.ftc.gov/os/actions/

htm.'' A paper copy can be obtained from the FTC Public Reference Room,

Room H-130, Sixth Street and Pennsylvania Avenue, N.W., Washington,

D.C. 20580, either in person or by calling (202) 326-3627. Public

comment is invited. Such comments or views will be considered by the

Commission and will be available for inspection and copying at its

principal office in accordance with Section 4.9(b)(6)(ii) of the

Commissions Rules of Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Consent Order To Aid Public Comment

The Federal Trade Commission has accepted an agreement, subject to

final approval, to a proposed consent order from Victoria Bie d/b/a

Body Gold.

The proposed consent order has been placed on the public record for

sixty (60) days for reception of comments by interested persons.

Comments received during this period will become part of the public

record. After sixty (60) days, the Commission will again review the

agreement and the comments received and will decide whether it should

withdraw from the agreement and take other appropriate action or make

final the agreement's proposed order.

This matter concerns advertising claims made by Victoria Bie d/b/a

Body Gold in selling dietary supplements. The Commission's complaint in

this matter alleges that respondent advertised and sold products

containing chromium picolinate, (-)hydroxycitric acid and L-carnitine.

Regarding chromium picolinate, the complaint charges that

respondent represented without adequate substantiation that chromium

picolinate causes weight and fat loss (rapidly and without diet or

strenuous exercise), lowers cholesterol levels, increases human

metabolism, increases lean body mass, builds muscle, controls appetite

and sugar cravings, regulates blood sugar and increases energy and/or

stamina. The complaint also charges that respondent represented without

adequate substantiation that testimonials in her advertisements and

promotional materials reflect the typical and ordinary experiences of

members of the public who have used products containing chromium

picolinate. Finally, the complaint charges that respondent falsely

claimed that scientific studies supported her claims that chromium

picolinate reduces body fat, causes rapid body fat loss, increases lean

body mass and builds muscle, causes significant weight loss,

significantly reduces serum cholesterol, lowers or regulates blood

sugar, and increases energy or stamina.

Regarding L-carnitine, the complaint charges that respondent

represented without adequate substantiation that taking L-carnitine as

a supplement reduces body fat, causes weight loss, tones muscles,

increases stamina, and enhances athletic performance. The complaint

also charges that respondent represented without adequate

substantiation that testimonials in her advertisements and promotional

materials reflect the typical or ordinary experience of members of the

public who have used products containing L-carnitine.

Regarding (-)hydroxycitric acid, the complaint alleges that

respondent represented without adequate substantiation that CitriGold,

which is a combination of chromium picolinate and (-)hydroxycitric

acid, causes weight loss, reduces body fat, and controls appetite.

The proposed consent order contains provisions designed to remedy

the violations charged and to prevent respondent from engaging in

similar acts and practices in the future.

Part I of the proposed order requires respondent to cease and

desist from representing that chromium picolinate, CitriGold, or any

other food, dietary supplement, or drug reduces body fat, causes weight

loss, causes rapid weight or fat loss, causes weight or fat loss

without dieting or strenuous exercise, reduces serum cholesterol

levels, increases human metabolism, increases lean body mass and builds

muscle, increases energy or stamina, controls appetite and/or cravings

for sugar, and regulates blood sugar, unless respondent possesses

competent and reliable scientific evidence that substantiates the

representation.

Part II of the proposed order requires respondent to cease and

desist from representing that L-carnitine, or any food, dietary

supplement, or drug improves fat metabolism, causes fat loss, causes

weight loss, tones muscles, enhances athletic performance and/or

increases stamina, unless respondent possesses competent and reliable

scientific evidence that substantiates the representation.

Part III of the proposed order requires that respondent cease and

desist from making any representation regarding the performance,

benefits, efficacy or safety of any food, dietary supplement or drug

unless, at the time of making such representation, respondent possesses

competent and reliable scientific evidence that substantiates the

representation.

Part IV of the proposed order requires that respondent cease and

desist from misrepresenting in any manner the existence, contents,

validity, results, conclusions or interpretations of any test or study.

Part V of the proposed order requires that respondent cease and

desist from representing that any endorsement of a product or program

represents the typical or ordinary experience of members of the public

unless, at the time of making such representation, the representation

is true, and respondent possesses and relies upon competent and

reliable evidence that substantiates the representation. However,

respondent may use such endorsements if the statements in the

endorsement are true, and if respondent discloses clearly and

prominently, close to the endorsement, what the generally expected

results would be in the depicted circumstances or, the limited

applicability of the endorser's experience to what consumers may

generally expect to achieve.

Parts VI and VII of the proposed order permit respondent to make

certain representations on labels as specifically permitted under Food

and Drug Administration regulations or standards.

The proposed order also requires the respondent to maintain

materials relied upon to substantiate the claims covered

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by the order (Part VIII); to notify the Commission of any proposed

change in the company that might affect compliance with the order (Part

IX); to distribute copies of the order to all agents, representatives

and employees (Part X); and to file one or more reports detailing

compliance with the order (Part XI). The order also contains a

provision that it will terminate after twenty (20) years absent the

filing of a complaint against respondent alleging violation of the

order (Part XII).

The purpose of this analysis is to facilitate public comment on the

proposed order. It is not intended to constitute an official

interpretation of the agreement and proposed order or to modify in any

way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 96-29265 Filed 11-14-96; 8:45 am]

BILLING CODE 6750-01-P