| U.S. Federal Trade Commission |
FTC News Release, Sep 17, 2002
FTC Charges Canadian-Based Company with Making False Weight-Loss and Cellulite-Treatment Claims
The Federal Trade Commission
charged a Canadian corporation operating in the United
States under the name Bio Lab and its president with
deceiving consumers through false advertising for their
weight-loss and cellulite-treatment products in
violation of the FTC Act. The FTC announced today a law
enforcement action against No. 9068-8425 Quebec, Inc.,
doing business as Bio Lab, and its president,
Jean-Francois Brochu. The FTC alleged that the
defendants, using mainstream U.S. media, targeted U.S.
consumers by advertising and selling "Quick Slim" - a
purported weight-loss product which they claim causes
users to lose rapid and substantial weight without
dieting or exercise; and "Cellu-Fight," a product which
they claim completely eliminates cellulite without any
effort by users. The FTC filed the case in the United
States District Court for the Northern District of New
York on September 3, 2002.
In its complaint, the FTC
alleged that the defendants advertised Quick Slim in
Glamour and TV Guide magazines, in
free standing inserts (weekend coupon inserts)
distributed through newspapers, such as Philadelphia
Inquirer, the Dallas Morning News, the
San Francisco Examiner, the Los Angeles
Times, and the Washington Post, and on the
Internet. Quick Slim is a dietary supplement advertised
as a "fat blocker" that uses apple pectin to control
weight. Promotions for Quick Slim, which costs $70.00
for a bottle of 180 caplets, promised rapid and
substantial weight loss without diet and exercise. The
defendants' ads contain statements such as, "Lose Up to
2 Pounds Daily Without Diet or Exercise," and claims
that the weight loss would be permanent. In fact, the
FTC alleged, Quick Slim does not cause rapid or
significant weight loss without the need for diet and
exercise, and does not cause permanent weight loss.
Bio Lab also marketed and
sold Cellu-Fight on the Internet and through direct mail
brochures. The ads contained statements such as,
"Cellu-Fight ... New Tablet for A Direct Attack on
Cellulite," and "New Tablet Completely Eliminates
Cellulite." A bottle of 60 tablets costs $40.00.
According to the FTC, the ads falsely claim that the
product is clinically proven to eliminate cellulite from
the stomach, backside, hips and thighs. In fact, the FTC
alleges, Cellu-Fight does not eliminate or substantially
reduce cellulite.
On September 6, 2002, U.S.
District Court Judge David N. Hurd entered a temporary
restraining order against defendants prohibiting
dissemination of misleading advertising for Quick Slim
and Cellu-Fight and freezing defendants' assets. A
preliminary injunction hearing is scheduled for
September 20th.
The FTC received valuable
assistance from the Competition Bureau of Industry
Canada in its investigation of Bio Lab.
The Commission vote to authorize
the staff to file the complaint was 5-0.
The text in this article was prepared by the U.S. Federal Trade Commission.