Universal Body Building, Inc

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IN THE Matrer OF UNIVERSAL BODYBUILDING, INC., ET AL.

CONSENT ORDER , ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3048. Complaint, Nov. 5. 980-Decision. Nov. .5, 1980 This consent order requires, among- other things, a Redford, Mich. seller of various bodybuilding and self-improvement courses and products to cease from using adult models and testimonials in advertisements directed to non-adults; and advertising or promoting the sale of bodybuilding products or courses, unless it has tests or studies available which indicate that unsupervised use of its products will not be harmful to non-adults. The firm is further prohibited from making any unfair, deceptive or unsubstantiated product claim in advertising or other promotional material; and required to maintain specified records for a particular period.

Appearances For the Commission: Deandra Kraus.

For the respondent: Richard B. Poling, Jr., Moore, Sills, Poling, Wooster Sinn Birmingham, Mich.

COMPLAINT The Federal Trade Commission has reason to believe that Universal Bodybuilding, Inc., a corporation, and Morris Mitchell, individually and as an offcer of Universal Bodybuilding, Inc. , have violated the provisions of the Federal Trade Commission Act. It appears to the Commission that a proceeding by it would be in the public interest. The Commission hereby issues its complaint as follows: PARAGRAPH 1. Respondent Universal Bodybuilding, Inc. is a corporation with its principal offce and place of business located at 26903 West Eight Mile Road, Redford, Michigan. Respondent Morris Mitchell is president of Universal Bodybuilding, Inc. He formulates, directs and controls the policies, acts and practices of Universal Bodybuilding, Inc. His address is the same as that of Universal Bodybuilding, Inc.

All allegations made in the present tense include th" past tense. PAR. 2. In the conduct of their business, respondents sell bodybuilding, muscle-building and other self-improvement courses, devices, and products (hereafter products) directly to the purchasing public, including young people under 17 years of age (non-adults), Complaint 96 F.

through the mail various States of the United States and in the District of Columbia.in PAR. 3. To promote the sale of their products, respondents prepare or cause to be prepared, advertisements which they publish or cause to be published in various publications, including publications directed to and read primarily by non-adults, which are distributed throughout the United States.

PAR. 4. Typical but not aji inclusive of such advertisements are the following:

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C\'\ ;, lL F' )f j t ; (d :'1 ;J! "'n\7 "'1 m fIq -,r :3 , 1-'-j\j' ',0 :1I!':"' 1;" cK '" 3DDmT ' ;o rr i1,i 'i!T y/f it j.'tJ; J " Y' , 'f ' L\ D9! . I '' 1" f"" '4 II TH!: 800rBUILQING S SjEM THAT GUAIIANTEES 'Y .. Youll pur ON INCHES OF PDYER!lL c'- MUSCLES ON YOUR i!O DY "ll Dv' J"'1 Mr now ' 115 F,n.1';\ 1(J M'''' Jr' (If L._ /.r 40d ( !1J C (om.:: up .."I" I' ,t Ij:;I"1 m\lep,,"m"r\"1yci"aVdilblebUI!c!ln WOlf1fE ,"ftg" LL r.A'NUJ H P;JU"O;; Of OI;t:;Clf ""11.( " 'II f!1 'Ij, JA ' OUJT'O""W, "f_ '" I.thh)( 0,,' C'I. oly ",()ks :g:1 f,, '''hj jnJ, I\J. c" ,1", nh""" ":; rL' olJlJlned '),",iic re,; 1"11 -n I'" or. v ,Jr 0""11 VrVlf) JI"'UI . yo" COI" ",)fl,,""i !y !lei'1;;',,,.,, yt)u' b".Jy J-f'. C f-_ \ r!, . You anVU I' S... 1. ""r+ ;'7;rr, .. DOJRt.E1C' Ir OR"'rx..!tJTRiPlEI fak.6i'UfIIQI\j$T'H.GTHbelo.lj! youil1C!lrIrecordp"r. ' c L._ ,I.J" r, 10"" rffa!s 01 st'''"ijth "VI ,Jby It:; S) !FS d"U yt, ' ,'a "'0rl, :hJi L' y Simply 101- " n " SKrNNY? "'k lJ" IJ' r"ltf!' rhi! / ' .I MUSCU: 115 fr... UJy to drly, YPu L-. Ar-N,AII"WIU ! P-'i Iii.. J lof C0,-1, yO\! ..J i? We tJ.so ALMOHtJ f. 0 ), , '\J 9"Jr I. \.' \,.r ""t JV '" "" ,II h,t Ult",..t ".vf tCf'vl I' :, C '- r\ ''''''''0 " A' J ""u YOU I _.1J' It NEW '" fat? /'\.(1 '\. /. 1. j' "I' . .., . L.. ''\ I c MUSCLES WIll FAT Will I -... ""j '"", .-- " "" ..." v". ,.... tJISA P!.AI- ,I-v, fai feel LIKE :!/ \u; \!r :'0: !\r;- r:;-r :C c.,. ..., , '....I"'''. '" ::: :I;::t pC"'''r,,''. ''''''h'''' ,'o.r,. ,.", . it !...I '''' " 'Y'' , i',,' J""o,",-, "''' ("'."''''''/1 ' ft' """'5 1 J ' ." t ,' . t SI.I. l.. -;"c' ::% 1 :cO A!!. TWS (OU O?J TODAY '1/ . 'L. 783 Complaint PAR. 5. By and through the preceding advertisements and other advertisements, respondents represent, directly or by implication that a typical consumer who is likely to respond to respondents advertisements wil attain rapid improvement in his physical appearance, add muscles, lose fat and gain respect from his peers. PAR. 6. By and through the preceding advertisements and other similar representations, respondents represent, directly or by implication, that the Universal Bodybuilding System: 1. makes muscles appear quickly and easily, with little effort; 2. is 200% to 300% more effective in muscle-building than any form of isometrics; and 3. is the fastest muscle-building system in the world. This list is representative, but not all inclusive, of the representations made by respondents.

PAR. 7. By and through the preceding advertisements and other similar advertisements, respondents represent, directly or by implication, that the endorsements presented in the advertisements represent the typical and expected results of use of respondents products in the manner depicted in the advertisement by a typical consumer who is likely to respond to respondents' advertisements. PAR. 8. By and through the preceding advertisements and other advertisements, respondents represent, directly or by implication that the physical stature of the models featured in the advertisements is attainable through use of respondents' products in the manner depicted in the advertisements by a typical consumer who is likely to respond to respondents' advertisements. PAR. 9. By and through the preceding advertisements and other advertisements, respondents represent, directly or by implication that they have, and rely on, competent scientific tests or studies sufficient to provide a reasonable basis to believe that the above representations are true.

PAR. 10. By and through the preceding advertisements and other advertisements directed to and read primarily by non-adults, respondents represent that use of respondents' products without appropriate supervision wil not be harmful to non-adult consumers. PAR. 11. In truth and in fact and in contradiction to the representations of respondents:

A. Use of respondents' products wil not allow a typical consumer who is likely to respond to respondents' advertisements to rapidly attain a change in physical appearance, add muscles, lose fat or command respect from everyone he meets.

Complaint 96 F.

In addition:

1. the Universal Bodybuilding System does not make muscles appear quickly and easily, with litte effort; 2. the Universal Bodybuilding System is not 200 to 300 percent more effective in muscle-building than any form of isometrics; and 3. the Universal Bodybuilding System is not the fastest musclebuilding system in the world.

B. The endorsements presented in respondents' advertisements do not represent the typical and expected results of use of respondents' products in the manner depicted in the advertisements by a typical consumer who is likely to respond to respondents' advertisements.

C. The physical stature of the models featured in these advertisements is not attainable through use of respondents' products in the manner depicted in the advertisements by a typical consumer who is likely to respond to respondents' advertisements. D. Respondents, at the time such representations were made, did not possess and rely on competent substantiation suffcient to provide a reasonable basis to believe that the representations were true.

E. Respondents, at the time the representation in Paragraph Ten was made, did not have, and rely on, competent scientific tests or studies sufficient to provide a reasonable basis to believe that use of respondents' products without appropriate supervision will not be harmful to non-adult consumers.

Therefore, the advertisements referred to above are unfair and deceptive.

PAR. 12. To promote the sale of their products, respondents disseminate advertisements which are directed to non-adults and which are read by an audience which is primarily composed of nonadults. In these advertisements, respondents make use of pictures or drawings of professional adult bodybuilding or weight-lifting models to promote their products. The physical stature of the models depicted in these advertisements is unattainable by the non-adults who read them. In these advertisements, respondents also make use of testimonials of adults who have used respondents' products. The results achieved by these adults cannot be achieved by the nonadults who read these advertisements.

PAR. 13. The use by respondents of the pictures or drawings described in Paragraph Twelve has the tendency and capacity to UNIVEHt:AL tiUUIDUU.....u.... h._. 783 Decision and Order mislead non-adults as to the results they might achieve through use of respondents' products.

PAR. 14. The use by respondents of testimonials which relate the experience of adults who have used respondents' products as related in Paragraph Twelve has the tendency and capacity to mislead nonadults to believe that they wil experience similar results. Therefore, the advertisements referred to in Paragraph Twelve are unfair and deceptive.

PAR. 15. The use by respondents of these unfair and deceptive advertisements has the tendency and capacity to mislead consumers especially non-adults, into erroneous and mistaken beliefs regarding the results of use of respondents' products and to purchase substantial quantities of respondents' products by reason of these erroneous and mistaken beliefs.

PAR. 16. The acts and practices of respondents, as alleged in the preceding paragraphs, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in or affecting commerce in violation of Section .5 of the Federal Trade Commission Act, as amended.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Seattle Regional Offce proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation ofthe Federal Trade Commission Act; and The respondents, their attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission s Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further Decision and Order 96 F. conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order: 1. Respondent Universal Bodybuilding, Inc. is a corporation with its principal offce and place of business located at 26903 West Eight Mile Road, Redford, Michigan.

Respondent Morris Mitchell is president of Universal Bodybuilding, Inc. He formulates, directs and controls the policies, acts and practices of Universal Bodybuilding, Inc. His address is the same as that of Universal Bodybuilding, Inc.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER This order applies to respondent Universal Bodybuilding, Inc., a corporation, its successors and assigns and its officers, agents representatives and employees, in connection with offering for sale sale or distribution of any bodybuilding, muscle-building or other self-improvement products, devices or courses directly or through any corporation. subsidiary, division, or other device in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, as amended. This order applies to respondent Morris Mitchell in connection with advertising, offering for sale, sale or distribution of any bodybuilding, muscle-building or other self-improvement products, devices or courses in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, as amended. This order shall not apply to Morris Mitchell insofar as he is involved only in the bona fide sale of advertising services to businesses which are not involved in the sale or offering for sale of any bodybuilding, muscle-building, or other self-improvement products, devices or courses and in which he or members of his immediate family have no financial interest.

For purposes of this order "non-adults" shall mean persons under l7 years of age. Advertisements directed to non-adults shall mean all ldvertisements and promotional material:

1. whose dominant appeal is to non-adults; 2. mailed directly to a person who respondent has reason to elieve is a non.adult; or 3. disseminated in publications whose audience for the prior 12 lOnths was composed of a majority of non-adults. un.l CI':Il-U.. DVU I DU1LUll, ll 1:1 i\L. 783 Decision and Order Such publications shall include all comic books Mad Magazine. Boy s Life, Children Digest and Jack and Jill. This list is intended to be representative of publications covered by this order but not exclusive.

It is ordered That in all advertisements directed to non-adults respondents cease and desist from:

A. Advertising or in any way promoting the sale of bodybuilding or muscle-bllilding products, devices or courses (hereafter referred to as products) until respondents have available and rely on competent scientific or medical tests or studies adequate to show that use of the products without appropriate supervision wil not be harmful to nonadult consumers.

B. Using pictures or drawings of adults or professional models to promote the sale of bodybuilding or muscle-building products. C. Making any representation, directly or by implication, unless, at the time the representation is made, respondents have, and rely , substantiation suffcient to provide a reasonable basis to believe that the representation is true for the typical non-adult consumer of respondent' s products. In interpreting this provision, respondents shall not represent that a consumer can achieve any result unless and until respondents can substantiate by competent tests or studies that the result can be attained by a typical non-adult who uses the product in the manner depicted in the advertisement. The original data collected for any such studies performed at tbe request of or with the financial assistance of respondents and a detailed description of how the test or study was performed must be available for inspection by the Federal Trade Commission for at least two years following the final use of the representation. D. Using any testimonial which does not represent the typical experience of non-adult consumers of respondents' products. E. Making any representation, directly or indirectly, which exaggerates or overstates the results which may reasonably be expected to result from use of any product by a non-adult. II.

It is further ordered, That in all advertisements respondents cease and desist from:

Representing in any manner, directly or by implication Decision and Order 96 F. his duties and responsibilities in connection with the business or employment. The expiration ofthe notice provision of this paragraph shall not affect any other obligation arising under this order. VI.

It is further ordered, That the respondents herein shall, within sixty days after service of this order, fie with the Commission a written report setting forth in detail the manner and form of their compliance with this order.

GENSTAR LTD. 795 795 Complaint