Kave Elahie d/b/a M.E.K. International; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 972-3024]

Kave Elahie d/b/a M.E.K. International; 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 September 15, 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: 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 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 26 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, 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 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 provisionally accepted an

agreement to a proposed consent order from respondent Kave Elahie doing

business as M.E.K. International, a California company that markets the

NutraTrim Bio-Active Cellulite Reduction Cream and the NutraTrim Weight

Loss tablets.

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

sixty (60) days for receipt 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 make final

the agreement's proposed order, or withdraw from the agreement and take

other appropriate action.

This matter concerns the advertising of the NutraTrim brand

products. The advertising of the NutraTrim Bio-Active Cellulite

Reduction Cream, which contains aminophylline, claims that the product

will eliminate cellulite and fat, even in the absence of general weight

loss. The advertising for the NutraTrim

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Weight Loss tablets, which contain chromium picolinate, claims that the

product will cause weight loss, reduce cholesterol levels, control

appetite, and increase metabolism. The Commission's complaint charges

that the respondent did not possess and rely upon a reasonable basis

that substantiated the claims at the time they were made.

In addition, the complaint alleges as false respondent's claim that

these claims were based on competent and reliable scientific studies.

Lastly, the Commission's complaint charges that respondent

represented, without a reasonable basis, that the testimonials or

endorsements from consumers appearing in advertisements for its Nutra

Trim brand products reflect the typical or ordinary experience of

members of the public who use its cellulite reduction cream and weight

loss tablets.

The proposed consent order contains provisions designed to remedy

the violations charged and to prevent the respondent from engaging in

similar acts and practices in the future.

Part I of the proposed order prohibits the respondent from making

unsubstantiated claims that its aminophylline-based cream can cause or

contribute to cellulite reduction and fat loss and that its chromium

picolinate weight loss tablets can cause or contribute to achieving

body fat loss, weight loss, reduction in cholesterol levels, increase

in metabolism, or appetite control. Part II of the proposed order

prohibits the respondent from making any claims regarding the

performance, benefits, efficacy, or safety of its products unless it

has competent and reliable scientific evidence to substantiate such

claims. Part III of the proposed order prohibits the respondent from

making any misrepresentation regarding any test or study.

Part IV of the proposed order addresses claims made through

endorsements or testimonials. Under Part IV, the respondent may make

such representations if the respondent possesses and relies upon

competent and reliable scientific evidence that substantiates the

representations; or the respondent must disclose either what the

generally expected results would be for users of the advertised

products, or the limited applicability of the endorser's experience to

what consumers may generally expect to achieve. The proposed order's

treatment of testimonial claims is in accordance with the Commission's

``Guides Concerning Use of Endorsements and Testimonials in

Advertising,'' 16 CFR 255.2(a).

Parts V and VI of the proposed order harmonize the requirements of

the order with the requirements of the Nutrition Labeling and Education

Act of 1990 and with Food and Drug Administration procedures.

The proposed order also requires the respondent to maintain

advertising materials and materials relied upon to substantiate claims

covered by the order; to provide a copy of the consent agreement to

certain personnel in the company; to notify the Commission of any

change in his employment; and to file one or more reports detailing

compliance with the order.

Under Part XI, the order terminates 20 years from the date of

issuance, except under certain specified conditions.

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. 97-18442 Filed 7-14-97; 8:45 am]

BILLING CODE 6750-01-M