FOR RELEASE: MARCH 23, 1993
CONAIR TO SETTLE FTC CHARGES
OVER FALSE CLAIMS FOR SKIN REJUVENATING SYSTEM USING SOUNDWAVES
Conair Corporation has agreed to settle Federal Trade
Commission charges that it made false and unsubstantiated claims
for its "California Facial Skin Rejuvenating System," including
that it tones and firms facial muscles, and that a soundwave
device included with the system boosts the effect of the lotions.
The proposed settlement would prohibit Conair from making the
challenged claims for this and similar systems in the future.
Conair is a Stamford, Connecticut-based manufacturer of
personal health care and consumer electronic products. It
promoted the facial system -- which consists of a hand-held
soundwave device, a clarifying toner, an exfoliating scrub, a
moisture lotion, and instructions for facial exercises -- through
ads in major national magazines, a toll-free telephone number,
and a program-length television commercial (or "infomercial").
Consumers could order the system through the mail, or buy it at
major retail outlets including K-Mart, Wal Mart, Target, and
others. The infomercial advertised the system for approximately
$60. Recently, the Food and Drug Administration advised Conair
that the facial system as currently promoted is a "medical
device," and that it is illegal to sell the system without first
receiving FDA clearance. The system has not received this
clearance.
According to the FTC complaint detailing the Commission's
allegations, Conair made the following statements, among others,
in promoting the soundwave facial system:
-- "Surface treatments only get surface results. [The
System] is designed to work on and beneath the surface of
the skin, to help stimulate skin renewal, and maintain
muscle tone. ... More importantly, sound waves help firm and
tone facial muscles that have lost their elasticity;"
- more -
Conair--03/23/93)
-- "...helps the muscles that you are exercising to achieve
the maximum benefit;" and
--"...comes with three sonically-activated lotions to
exfoliate, tone, and minimize the appearance of fine lines,
for a radiant, younger-looking complexion."
Through these and other statements, the FTC alleged, Conair
represented to consumers that the soundwaves emitted by the
soundwave device firm and tone the user's facial muscles, and
improve the efficacy of the clarifying toner and the exfoliating
scrub. These representations are false, the FTC charged, as is
Conair's implied representation that it had substantiation to
support them.
The proposed consent agreement to settle these charges,
announced today for a public comment period, would prohibit
Conair from representing that soundwaves emitted by the Cali-
fornia Facial Skin Rejuvenating System, or by any substantially
similar product using soundwaves emitting a frequency of 20
kilohertz or fewer, will firm and tone muscles or improve the
efficacy of a facial clarifying toner or exfoliating scrub.
Further, the proposed consent agreement would require Conair to
have competent and reliable scientific evidence to support any
future representation it makes that soundwaves emitted (at any
frequency) from any product it sells will firm or tone muscles,
or improve the efficacy of a topically-applied product.
Finally, the proposed consent agreement contains various
reporting requirements to assist the FTC in monitoring Conair's
compliance.
The Commission vote to accept the complaint and proposed
consent agreement for public comment was 5-0.
The proposed consent agreement will be published in the
Federal Register shortly and will be subject to public comment
for 60 days, after which the Commission will decide whether to
make it final. Comments should be addressed to the FTC, Office
of the Secretary, 6th Street and Pennsylvania Avenue, N.W.,
Washington, D.C. 20580.
NOTE: A consent agreement is for settlement purposes only and
does not constitute an admission of a law violation. When the
Commission issues a consent order on a final basis, it carries
the force of law with respect to future actions. Each violation
of such an order may result in a civil penalty of $10,000.
Copies of the complaint, proposed consent agreement, and an
analysis of the agreement to assist the public in commenting, are
(Conair--03/we/93)
available from the FTC's Public Reference Branch, Room 130, at
the above address; 202-326-2222; TTY for the hearing impaired
1-866-653-4261.
# # #
MEDIA CONTACT: Bonnie Jansen, Office of Public Affairs
202-326-2161
STAFF CONTACT: Sylvia Kundig, San Francisco Regional Office
901 Market Street, Suite 570
San Francisco, California 94103
415-744-7920
(FTC File No. 912 3381)
(conair)