FOR RELEASE: FEBRUARY 25, 1993
FTC CHARGES MARKETER OF "CPM" TABLES WITH
MAKING FALSE WEIGHT-LOSS CLAIMS;
CONSENT AGREEMENT WOULD SETTLE CHARGES
Fleetwood Manufacturing, Inc., based in Mesa, Arizona, and
its owner, Thomas A. Fleetwood, have agreed to settle Federal
Trade Commission charges that they made false and unsubstantiated
weight-loss claims in advertisements and promotional materials
for their continuous passive motion ("CPM") exercise tables.
Under the proposed settlement, the respondents would be pro-
hibited from making such false and unsubstantiated claims in the
future.
Fleetwood manufactured and sold its CPM tables contending
that they offer users weight-loss and physical-fitness benefits
without the effort and pain associated with traditional forms of
exercise. The tables generally come in sets of five to seven,
with each table designed to exercise a different group of
muscles. Fleetwood advertised nationwide by radio, television,
in magazines, newspapers and through the mail.
According to the FTC complaint detailing the charges,
Fleetwood falsely claimed that with little or no effort consumers
who use CPM tables can reduce body weight, lose inches, remove
cellulite, tone and firm muscles, and provide physical fitness
benefits comparable or superior to those provided by rigorous
exercise. The complaint alleges that the claims are false, and
that Fleetwood did not have a reasonable basis for making them.
Finally, the FTC alleged that consumer testimonials and endorse-
ments in Fleetwood's advertising falsely represented that the
inch-loss or weight-loss experienced by these consumers was
typical or ordinary.
- more -
Fleetwood Manufacturing--02/25/93)
Under the proposed consent agreement settling these charges,
issued today for public comment, Fleetwood would be prohibited
from representing that use of its CPM tables in a manner
requiring little or no effort:
-- reduces or helps to reduce overall body fat or fat in
any particular area of the body;
-- results in, or contributes to, inch-loss or weight-loss
or the reduction of any part of the body;
-- tones or firms human tissue, including muscle tissue;
-- removes or eliminates cellulite or any other form of
subcutaneous body fat; or
-- provides health or physical fitness benefits similar or
superior to those provided by rigorous exercise for
normal, healthy individuals.
Further, Fleetwood would be prohibited from making any of
these representations for any passive exercise machine, or diet
or fitness program, under any conditions unless it possessed
"competent and reliable" scientific evidence to substantiate such
claims.
The agreement also would prohibit Fleetwood from represent-
ing that a consumer endorsement or testimonial represents the
typical or ordinary experience of those who use the exercise
programs or CPM machines, unless that is the case.
The FTC's Chicago Regional Office handled the investigation.
The Commission vote to accept the proposed agreement for
public comment was 4-1, with Commissioner Deborah K. Owen
dissenting for procedural reasons.
The consent agreement is scheduled to appear 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 Office of the
Secretary, Federal Trade Commission, 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
(Fleetwood Manufacturing--02/25/93)
the force of law with respect to future actions of the
respondents. Each violation of such an order may result in a
civil penalty of $10,000.
The FTC has published several consumer alerts on diet
products and programs. Copies of these brochures are available
free of charge from the FTC's Public Reference Branch, Room 130,
6th Street and Pennsylvania Avenue, N.W., Washington, D.C.
20580.
Copies of the complaint, consent agreement and an analysis
to assist the public in commenting are available from the FTC's
Public Reference Branch, same address as above; 202-326-2222;
TTY 1-866-653-4261.
# # #
MEDIA CONTACT: Brenda A. Mack, Office of Public Affairs
202-326-2182
STAFF CONTACT: C. Steven Baker or Theresa M. McGrew
Chicago Regional Office
55 East Monroe St., Suite 1437
Chicago, Illinois 60603
312-353-8156
(FTC File No. 882-3133)
(FLEETWOOD)