Life Fitness; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 962-3042]

Life Fitness; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged

violations of federal law prohibiting unfair or deceptive acts or

practices or unfair methods of competition. The attached Analysis to

Aid Public Comment describes both the allegations in the draft

complaint that accompanies the consent agreement and the terms of the

consent order--embodied in the consent agreement--that would settle

these allegations.

DATES: Comments must be received on or before August 20, 1997.

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

Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Laura Fremont, Federal Trade Commission, San Francisco Regional Office,

901 Market Street, Suite 570, San Francisco, CA 94103, (415) 356-5270.

Jeffrey Klurfeld, Federal Trade Commission, San Francisco Regional

Office, 901 Market Street, Suite 570, San Francisco, CA 94103, (415)

356-5270.

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

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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 Commission Actions

section of the FTC Home Page (for June 17, 1997), 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, NW., Washington, DC 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 Commission's Rules of Practice (16 CFR

4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission has accepted, subject to final

approval, an agreement to a proposed consent order from respondent Life

Fitness (``respondent''), a New York general partnership that markets

exercise equipment. Although not a respondent, Life Fitness' general

partner, The Life Fitness Companies L.P., a Delaware limited

partnership, has also agreed to be bound by the terms of the consent

order.

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.

The Commission's complaint against respondent alleges that

respondent deceptively advertised the Lifecycle exercise bicycle. The

Commission's complaint charges that respondent's advertising contained

unsubstantiated calorie burn representations. Specifically, the

complaint alleges that the respondent did not possess adequate

substantiation for the claim that users of the Lifecycle will burn

calories at a rate of over 1,000 per hour under conditions of ordinary

use. The complaint also charges that respondent's representation that

its calorie burn claim was based on competent and reliable research is

false.

The proposed consent order contains provisions designed to remedy

the violations charged and to prevent the respondents from engaging in

similar acts and practices in the future.

Part I of the proposed order would prohibit Life Fitness and The

Life Fitness Companies L.P. from making any claim for the

``Lifecycle,'' or for any other exercise equipment: (1) About the rate

at which users burn calories, or the number of calories users burn,

through use of such product; (2) about the weight loss or fat loss

users achieve through use of such product; or (3) about the benefits,

performance, or efficacy of such product with respect to calorie

burning, fat burning, or weight loss; unless, at the time such a claim

is made, the companies possess and rely upon competent and reliable

evidence, which when appropriate must be competent and reliable

scientific evidence, that substantiates the claim. Part II of the order

prohibits the companies from misrepresenting the existence, contents,

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

or research relating to calorie burning, fat burning, or weight loss.

The remaining provisions of the proposed order relate to

respondents' obligation to make available to the Commission materials

substantiating claims covered by the order; to notify the Commission of

changes in the companies' structure; to provide copies of the order to

certain personnel of the companies; and to file compliance reports with

the Commission. The order also provides that the order will terminate

after twenty years under certain circumstances.

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. 97-16313 Filed 6-20-97; 8:45 am]

BILLING CODE 6750-01-M