9523041 UNITED STATES OF
AMERICA In the Matter of NATIONWIDE SYNDICATIONS, INC.,
a corporation, and DOCKET NO. C-3736 COMPLAINT The Federal Trade Commission, having reason to believe that Nationwide Syndications, Inc., a corporation, and Thomas W. Karon, individually and as an officer of said corporations, ("respondents"), have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges: PARAGRAPH ONE: Respondent Nationwide Syndications, Inc. is an Illinois corporation with its principal office or place of business at 223 Applebee St., Barrington, Illinois 60010. Respondent Thomas W. Karon is an officer of Nationwide Syndications, Inc. Individually or in concert with others, he formulates, directs and controls the acts and practices of the corporate respondent, including the acts and practices alleged in this complaint. His principal office or place of business is the same as that of Nationwide Syndications, Inc. PARAGRAPH TWO: Respondents have advertised, labeled, offered for sale, sold, and distributed night driving glasses, including NightSafe Glasses, and other products to consumers. This product is a "device" within the meaning of Sections 12 and 15 of the Federal Trade Commission Act. PARAGRAPH THREE: The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act. PARAGRAPH FOUR: Respondents have disseminated or have caused to be disseminated advertisements, including product labeling, for NightSafe Glasses, including but not necessarily limited to the attached Exhibits A through C. These advertisements and product labeling contain the following statements and depictions: A. DRIVE SAFER AT NIGHT, IN RAIN, SNOW, SLEET, EVEN FOG. Order your NightSafe Glasses Today! * * * WITH... NightSafe Glasses, your night vision actually improves! . . . [Photograph of front end of vehicle in sharp focus.] WITHOUT... [Photograph of front end of vehicle out of focus.] * * * WHAT A DIFFERENCE! Experience an incredible improvement in your night vision with NightSafe Glasses--the glasses that make driving safer and more relaxing. Thousands of drivers find them welcome traveling companions. You will too--objects appear sharper and better defined . . . . No matter what the weather--rain, snow, sleet, fog or haze--you'll feel safer and more confident with NightSafe Glasses. . . . ADVANCED OPTICAL TECHNOLOGY. NightSafe Glasses were perfected after years of optical experimentation and laboratory testing. The UV400 lenses block harmful ultraviolet rays and bring incredible clarity and sharpness to otherwise distorted images. (Exhibit A). B. SEE THE DIFFERENCE FOR YOURSELF! [Photograph of oncoming traffic in sharp focus.] With NightSafe Glasses. [Photograph of oncoming traffic out of focus.] Without NightSafe Glasses. NightSafe Glasses help improve night vision instantly. . . . You'll see better in rain, snow, sleet and fog, and drive more safely. With NightSafe Glasses everything appears sharper, clearer and brighter. Contrast is enhanced. Actually helps you see better at night--no matter what the weather! * * * NIGHTSAFE GLASSES DRIVE SAFER AT NIGHT--NO MATTER WHAT THE WEATHER! * * * A remarkable difference...NightSafe Glasses improve your vision instantly . . . . Everything appears sharper, clearer, brighter, with more definition. You'll see better than you ever thought possible. . . . Laboratory tested and proven NightSafe Glasses really work. The innovative UV400 lenses block harmful ultraviolet rays and cut through dense haze. . . . NightSafe helps improve your night vision . . . . You won't believe your eyes...NightSafe lets you drive at night as confidently as during the day. Just slip them on and you'll notice an immediate difference. Hazy objects appear crisp and clear. And bright, blinding lights will be a thing of the past. You will drive relaxed with renewed confidence. (Exhibit B). C. Enhance your night vision with NightSafe Glasses. * * * [Photograph of oncoming traffic out of focus.] Without NightSafe Glasses... [Photograph of oncoming traffic in sharp focus.] With NightSafe Glasses! * * * NightSafe Glasses give you clearer, sharper images...especially in rain, sleet or snow when driving is most hazardous. That's why professional drivers, pilots and other who rely on their vision, rely on NightSafe Glasses. And why you should, too. Protect yourself and your passengers with NightSafe. (Exhibit C). PARAGRAPH FIVE: Through the use of the statements and depictions contained in the advertisements referred to in PARAGRAPH FOUR, including but not necessarily limited to the advertisements attached as Exhibits A through C, respondents have represented, directly or by implication, that: A. NightSafe Glasses improve night vision. B. Laboratory tests prove that NightSafe Glasses improve night vision. PARAGRAPH SIX: In truth and in fact: A. NightSafe Glasses do not improve night vision. B. Laboratory tests do not prove that NightSafe Glasses improve night vision. Therefore, the representations set forth in PARAGRAPH FIVE were, and are, false and misleading. PARAGRAPH SEVEN: Through the use of the trade name NightSafe Glasses and the statements and depictions contained in the advertisements referred to in PARAGRAPH FOUR, including but not necessarily limited to the advertisements attached as Exhibits A through C, respondents have represented, directly or by implication, that NightSafe Glasses make night driving safe or safer. PARAGRAPH EIGHT: In truth and in fact, NightSafe Glasses do not make night driving safer. Therefore, the representation set forth in PARAGRAPH SEVEN was, and is, false and misleading. PARAGRAPH NINE: Through the use of the trade name and the statements and depictions contained in the advertisements referred to in PARAGRAPH FOUR, including but not necessarily limited to the advertisements attached as Exhibits A through C, respondents have represented, directly or by implication, that at the time they made the representations set forth in PARAGRAPHS FIVE and SEVEN, respondents possessed and relied upon a reasonable basis that substantiated such representations. PARAGRAPH TEN: In truth and in fact, at the time they made the representations set forth in PARAGRAPHS FIVE and SEVEN, respondents did not possess and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in PARAGRAPH NINE was, and is, false and misleading. PARAGRAPH ELEVEN: The acts and practices of respondents as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act. Therefore, the Federal Trade Commission this twenty-eighth day of April, 1997, has issued this complaint against respondents. By the Commission. Donald S. Clark SEAL: [Exhibits A-C attached to paper copies of complaint, but not available in electronic form] |