Buckingham Productions, Inc., et al. D/B/A Rotation Diet Center

Text (OCR of the scan at left; may contain errors)

BUCKINGHAM PRODUCTIONS, INC., ET AL. 37

37 Amended Complaint

IN THE MATTER OF

BUCKINGHAM PRODUCTIONS, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SECS. 5 & 12 OF THE FEDERAL TRADE COMMISSION ACT

Docket 9194. Amended Complaint, July 30, 1987—Decision, July 30, 1987

This consent order requires, among other things, the Furlong, Pa. marketers of mailorder weight reduction or weight control products, programs or services to cease falsely representing the effectiveness of its programs, products or services without competent and reliable evidence supporting such claims.

Appearances

For the Commission: Michael Dershowitz.

For the respondents: John J. Hare, Jr., Buckingham Commons, Furlong, PA.

AMENDED COMPLAINT*

The Federal Trade Commission, having reason to believe that Buckingham Productions, Inc., trading and doing business as Rotation Diet Center; Furlong-Elliot Corp.; Freedom Center, Inc.; Plaza Business Services, Inc.; N.F. Rotation, Inc.; Rotation-Freedom Diet, Inc., Health and Diet Corp., Inc., corporations; Howard Elliot, individually and as an officer of said corporations, ("respondents"); and Dr. Barry Bricklin, individually, ("expert respondent") have violated 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 1.

(a) Buckingham Productions, Inc., trading and doing business as Rotation Diet Center, 73 Valley Drive, Furlong, Pennsylvania; Furlong-Elliot Corp., 73 Valley Drive, Furlong, Pennsylvania; Freedom Center, Inc., 73 Valley Drive, Furlong, Pennsylvania; Plaza Business Services, Inc., 73 Valley Drive, Furlong, Pennsylvania; N.F. Rotation, Inc., 73 Valley Drive, Furlong, Pennsylvania; and Rotation-Freedom Diet, Inc., 73 Valley Drive, Furlong, Pennsylvania; and Health and Diet Corp., Inc., 73 Valley Drive, Furlong, Pennsylvania are Pennsylvania corporations.

* Complaint issued June 24, 1985. Published at 106 F.T.C. 115 (1985).

Amended Complaint 110 F.T.C.

(b) Furlong-Elliot Corp. dominates and controls the acts and practices of its wholly-owned subsidiaries, Buckingham Productions, Inc.; Freedom Center, Inc.; Plaza Business Services, Inc.; N.F. Rotation, Inc.; and Rotation-Freedom Diet, Inc. (c) Howard Elliot is an officer of Furlong-Elliot Corp. Howard Elliot formulates, directs and controls the acts and practices of the corporate respondents, including the acts and practices alleged in this complaint. His address is 73 Valley Drive, Furlong, Pennsylvania. (d) Dr. Barry Bricklin is a clinical psychologist, with a doctor of philosophy degree in psychology, and a license to practice psychology in Pennsylvania. He is now and at all material times has been an associate professor of clinical psychology at Hahnemann University. His address is 470 General Washington Road, Wayne, Pennsylvania. Expert respondent Bricklin possesses an expertise in psychology, and in the physiological and psychological aspects of dieting, superior to that generally acquired by ordinary individuals. PAR. 2. Respondents manufacture, offer for sale, and sell weight reduction and/or weight control programs and products. Expert respondent Dr. Barry Bricklin, for his part, developed some of the basic principles upon which the weight reduction and/or weight control programs offered for sale through the corporate respondents are based. Expert respondent Bricklin has had a continuing role in the marketing of these programs by serving as the Director of the programs' Professional Advisory Board, and by providing advice concerning the products and programs to Howard Elliot, to other respondents, and/or to employees of the respondents as requested. In addition, expert respondent Bricklin has aided in the promotion and sale of these weight reduction and/or weight control programs and products by providing as an expert in the field endorsements of the efficacy of the programs and products that appear in advertisements. The advertisements in which expert respondent Bricklin's endorsements appear depict him as possessing an expertise in psychology, and in the physiological and psychological aspects of dieting, superior to that generally acquired by ordinary individuals. PAR. 3. Respondents have disseminated or caused to be disseminated, advertisements for weight reduction and/or weight control programs and products that include a "food" and/or a "drug" within the meaning of these terms in Section 12 of the Federal Trade Commission Act. These advertisements, some of which contain expert respondent Dr. Barry Bricklin's endorsement, have been disseminated (a) by United States mails, or in or having an effect upon commerce by any means for the purpose of inducing, or which have been likely to induce, directly or indirectly, the purchase of food and/or drugs, or (b) by any means, for the purpose of inducing, or which is likely to

BUCKINGHAM PRODUCTIONS, INC., ET AL. 39

37 Amended Complaint

induce, directly or indirectly, the purchase in or having an effect upon commerce of food and/or drugs. PAR. 4. The acts and practices of respondents and expert respondent Dr. Barry Bricklin alleged in this complaint have been in or affecting commerce. PAR. 5. Typical of respondents' advertisements, but not necessarily inclusive thereof, are the advertisements attached hereto as Exhibits A through L. Specifically, the aforesaid advertisements contain the following statements:

(a) "Women usually lose 8 to 20 pounds a month, men 12 to 25 pounds [on the Rotation Diet]." (b) "[. . . The] 'No Frills' Rotation Diet Plan . . . works just like the original Plan. It's just as safe, just as effective. . . ." (c) "Now you can truly eat whatever you want, as much as you want without feeling guilty and you'll still lose weight." (d) "The all natural diet—no drugs or medicine! The Rotation Diet is really SANE and PROVEN SAFE!" (e) "My total loss so far has been 62 pounds . . . There are thousands of Rotation Diet Center Members who've lost as much weight as I have. Even more!" (f) "Reach your goal then keep it off with the Rotation Diet Maintenance Plan." (g) ". . . [R]eal breakthrough [of the Rotation Diet] is the unique way it allows a person to find his or her right weight and then stay there." (h) "Once you reach your weight goal, you only diet two days each week. Then as your body adjusts to its new weight, you diet just one day a week. You'll be able to stay slim all your life . . . comfortably and easily." (i) "Q. What do the [Rotation] tablets do? A. They stop all hunger and increase your energy level." (j) "Rotation Wafers makes (sic) the diet work. They're critical to the success of the diet because they: STOP HUNGER (yet they're not a medicine, drug, or shot, so they're perfectly safe) . . . ELIMINATE FATIGUE. . . ." (k) "Take-A-Break Tablets are specially formulated to work with the Rotation Diet and help to keep food from turning to fat. This means that for one day, two days, any number up to 15 days, you can enjoy taking a break from your Rotation Diet. Soon as you . . . get back on the Rotation Diet . . . in one week or less you'll be back at your 'Pre-Break' weight." (l) "[I]t saves you more than it costs. . . . You'll save more than you spend on this diet! Most people cut about 40% off their food bill because they've cut down on expensive foods during their three Balance Days a week." (m) "Q. How much weight can I really lose on the FREEDOM DIET? A. . . . [A]s a rule, women usually lose anywhere from 8 to 20 pounds the first month; men up to 25 pounds." (n) "The Freedom Chewable Tablets are the key to your weight-loss success. They contain no medicine or drugs, yet they stop hunger and help you to feel good on your diet day." (o) "Q. Can the FREEDOM DIET harm me in any way? A. No. Our experience is that the diet when followed accurately, takes off weight safely and naturally." (p) "After You Reach Your Goal, It's Easy to Maintain. Once you've lost all the weight you want, it's easy to keep it off because FREEDOM DIET has a special Maintenance Program. You'll reduce your Diet Days to 2 per week . . . then as your system adjusts

Amended Complaint 110 F.T.C.

to your new weight, you'll cut back to just 1 diet day per week and you'll be able to stay slim for the rest of your life!" (q) "Here's how the FREEDOM DIET works: This amazing diet actually let you eat and drink what and whenever you want on TUESDAYS, THURSDAYS, SATURDAYS AND SUNDAYS. You can have foods like spaghetti, ravioli, fettucini, and pizza. Bread and potatoes too. And desserts like chocolate layer cake, ice cream, banana splits, sundaes, pecan pie with whipped cream—whatever your favorites might be! You can even have double helpings of everything because that's the whole idea of the FREEDOM DIET. You're FREE to eat anything you want, as much as you want 4 days every week." (r) "Our 'Make-A-Break' Plan will help you maintain your weight for up to 15 days when you have to take a break from FREEDOM DIET." (s) "[T]he majority of women [on the Rotation-Freedom Diet] fit within range of 8 to 20 pounds loss during the first month, men usually lose more." (t) "Take-A-Break Tablets [in the Rotation-Freedom Diet] let you go off your diet for 9 days without regaining."

PAR. 6. Typical of the statements in endorsements authorized by expert respondent Dr. Barry Bricklin, which appear in respondents' advertisements, and are attached hereto as Exhibits A and I, are the following:

"Q. Does the Rotation Diet really work? Do people lose weight on it? A. It works extremely well. But as any doctor with years of experience in weight control knows, designing a way to lose weight is only a small part of the challenge. My years of observation of this diet convince me that its real breakthrough is the unique way it allows a person to find his or her right weight and then stay there. . . . Q. How much weight can I lose? A. Women usually lose 8 to 20 pounds a month, men 12 to 25 pounds. The amount depends on many personal variables, including the total amount of weight you have to lose. . . ."

PAR. 7. Respondents' advertisements also contain the following statements, which purport to be actual and genuine testimonials from customers of the Rotation Diet Center:

(a) " 'The Rotation Tablets taste like Necco Wafers. They really stop my hunger and increase my energy level. I feel good on my 3 diet days!' E.R., Boston, Massachusetts" (b) " 'I really pig-out on my free days—pizza, cheesecake, beer, potato chips. I eat to my 'heart's content' and have still lost 57 pounds!' N.M., Princeton, New Jersey" (c) " 'I save enough on my 3 diet days to more then pay for the whole week. The diet actually costs me nothing!' J.A., Stowe, Ohio" (d) " 'The all natural diet—no drugs or medicine! The Rotation Diet is really SANE and PROVEN SAFE!' C.D., Wilmington, DE" (e) " 'I just used your switching process to make Wednesday a FREE DAY—it worked great!' A.Z., Hartford, CT" (f) " 'I've been on maintenance for 6 months and it's working great! I now have only ONE diet day each week.' S.R., Los Angeles, CA" (g)" 'I've lost over 70 pounds while eating all of the ice cream that I want 4 days every week. THIS IS THE MOST SUCCESSFUL DIET EVER!' P.A., Philadelphia, PA"

BUCKINGHAM PRODUCTIONS, INC., ET AL. 41 37 Amended Complaint (h) “ ‘I’ve lost over 70 pounds while eating all of the ice cream I want 4 days every week. THIS IS THE MOST SUCCESSFUL DIET EVER!’ D.C., Norristown, PA”

PAR. 8. Respondents’ advertisements also contain photographs of individuals accompanied by the following statements:

(a) “ ‘I’m Dottie Woolslager. I’m thin for the first time since the kids came, and I know I’ll never be fat again. I found the Rotation Diet, the only diet I’ve ever been able to live with. . . .’ ” “ ‘I’m so pleased about what happened to me, I’d love to help it happen to you. . . .’ ” “ ‘I’m beginning to feel like a celebrity. Hundreds of people have been calling me personally, asking, ‘Why did you pick the Rotation Diet?’. . . . They had read about me and The Rotation Diet, and seen how successful I was. But they weren’t sure they could actually do it themselves. That’s why I volunteered to let The Rotation Diet Center relay calls to my home. I want to help spread the word about this wonderful diet. . . . P.S. I’m no celebrity. I’m someone exactly like you, who’s just a few months ahead of you on the Rotation Diet Program. . . .’ ” (b) “ ‘I’m Judy Ruthrauff. After the birth of my last little girl, I couldn’t get rid of 23 pounds. I was always hungry, and I ate enormous amounts of diet food until I discovered The Rotation Diet. It really worked for me. It not only got the weight off, it got me feeling good about myself again.’ ”

PAR. 9. Through the use of the statements referred to in paragraphs five and seven, and other statements in advertisements not specifically set forth herein, respondents have made the following material representations, directly or by implication:

(a) Consumers can eat unlimited quantities of food four days a week and, regardless of how much they eat on those four days, still lose substantial amounts of weight on the Rotation Diet, the Freedom Diet, and the Rotation-Freedom Diet. (b) Thousands of consumers on the Rotation Diet have lost sixty-two pounds or more. (c) Rotation Diet Wafers, Rotation Chewable Tablets, and Freedom Chewable Tablets stop hunger. (d) Rotation Diet Wafers, Rotation Chewable Tablets, and Freedom Chewable Tablets eliminate or prevent fatigue. (e) Rotation Diet “Take-A-Break” tablets help keep food from turning to fat. (f) The testimonials in paragraph seven represent actual and genuine consumer testimonials from customers of the Rotation Diet Center. PAR. 10. Through the use of the endorsements authorized by expert respondent Dr. Barry Bricklin, referred to in paragraph six, and other endorsements in respondents’ advertisements not specifically set

Amended Complaint 110 F.T.C.

forth herein, expert respondent Bricklin has made the following material representation, directly or by implication:

Consumers can eat unlimited quantities of food four days a week and, regardless of how much they eat on those four days, still lose substantial amounts of weight on the Rotation Diet, the Freedom Diet, and the Rotation-Freedom Diet.

PAR. 11. In truth and in fact:

(a) Consumers cannot eat unlimited quantities of food four days a week and regardless of how much they eat on those four days, still lose substantial amounts of weight on the Rotation Diet, the Freedom Diet, and the Rotation-Freedom Diet. (b) Only a small number of consumers on the Rotation Diet have lost sixty-two pounds or more. (c) Rotation Diet Wafers, Rotation Chewable Tablets, and Freedom Chewable Tablets do not stop hunger. (d) Rotation Diet Wafers, Rotation Chewable Tablets, and Freedom Chewable Tablets do not eliminate or prevent fatigue. (e) Rotation Diet "Take-A-Break" Tablets do not help keep food from turning to fat. (f) The testimonials in paragraph seven do not represent actual and genuine consumer testimonials from customers of the Rotations Diet Center.

Therefore, the representations set forth in paragraph nine were, and are, false and misleading.

And therefore, the representation contained in endorsements authorized by expert respondent Dr. Barry Bricklin, set forth in paragraph ten was, and is, false and misleading and expert respondent Bricklin knew or should have known that said representation was, and is, false and misleading.

PAR. 12. Through their use of the photographs and statements referred to in paragraph eight, and others not specifically set forth herein, respondents have represented that the photographed individuals are satisfied users of the Rotation Diet and have endorsed the Rotation Diet, but respondents failed to disclose that the photographed individuals were employees of respondents. Consumers would not reasonably expect individuals so portrayed to be employees of the advertiser and that fact might materially affect the weight or credibility given to the endorsements. Therefore, respondents' representations, because of their failure to disclose such a material connection between respondents and the photographed individuals was, and is, false and misleading.

PAR. 13. Through the use of the statements referred to in para-

BUCKINGHAM PRODUCTIONS, INC., ET AL. 43

37 Amended Complaint

graphs five and seven, and other statements in advertisements not specifically set forth herein, respondents have represented, directly or by implication, that:

(a) Usual weight loss for women customers of the Rotation Diet is eight to twenty pounds per month, and for men is twelve to twenty-five pounds per month. (b) Usual first month weight loss for women customers of the Freedom Diet is eight to twenty pounds. A significant portion of men lose twenty-five pounds the first month on the Freedom Diet. (c) The Rotation Diet is safe.

(d) The Freedom Diet cannot harm consumers. (e) The Rotation Diet, the Freedom Diet, and the Rotation-Freedom Diet include maintenance programs that are effective in enabling consumers to maintain weight loss. (f) Consumers on the Rotation Diet "Take-A-Break" plan can cease dieting for 15 days and after one week back on the diet, will have lost all weight gained during those 15 days. (g) Consumers on the Freedom Diet "Make-A-Break" Plan can maintain their weight for up to fifteen days without any dietary restrictions and regardless of the type and quantity of food consumed. (h) The Rotation Diet saves consumers more than it costs. (i) Most Rotation Diet customers save approximately 40% on their food bill. (j) Most women customers of the Rotation-Freedom Diet lose eight to twenty pounds the first month on the diet, while most men lose even more. (k) Customers on the Rotation-Freedom Diet "Take-A-Break" plan can cease dieting for nine days and can maintain their prior weight without any dietary restrictions and regardless of the type and quantity of food consumed. (l) The majority of women customers of the Rotation-Freedom Diet lose eight to twenty pounds the first month on the diet; men usually lose more. PAR. 14. Through the use of the endorsements authorized by expert respondent Dr. Barry Bricklin, referred to in paragraph six, and other endorsements in respondents' advertisements not specifically set forth herein, expert respondent Bricklin has made the following representation, directly or by implication:

Usual weight loss for women customers of the Rotation Diet is eight to twenty pounds per month, and for men is twelve to twenty-five pounds per month.

PAR. 15. Through the use of the statements set forth in paragraphs

Amended Complaint 110 F.T.C.

five and seven, and others not specifically set forth herein, respondents have represented, directly or by implication, that at the time of making the representations set forth in paragraphs nine and thirteen they possessed and relied upon a reasonable basis for those representations.

PAR. 16. Through the use of the endorsements authorized by expert respondent Dr. Barry Bricklin, set forth in paragraph six, and other endorsements in respondents' advertising not specifically set forth herein, expert respondent Bricklin has represented, directly or by implication, that at the time of making the representations set forth in paragraphs ten and fourteen he possessed and relied upon a reasonable basis for those representations, consisting of an actual exercise of his expertise in evaluating weight reduction and/or weight control programs and products with respect to which he is expert, in the form of an examination or testing of the programs and products at least as extensive as someone with a similar degree of expertise would normally conduct in order to support the conclusions presented in the endorsement.

PAR. 17. In truth and in fact, at the time of the initial dissemination of the representations set forth in paragraphs nine and thirteen and each subsequent dissemination, respondents did not possess and rely upon a reasonable basis for making such representations. Therefore, respondents' representations, as set forth in paragraph fifteen were, and are, false and misleading.

PAR. 18. In truth and in fact, at the time of the initial dissemination of the representations set forth in paragraphs ten and fourteen and each subsequent dissemination, expert respondent Dr. Barry Bricklin did not possess and rely upon a reasonable basis for making such representations. Therefore, expert respondent Bricklin's representations, as set forth in paragraph sixteen were, and are, false and misleading.

PAR. 19. Expert respondent Dr. Barry Bricklin has received compensation for the use of his endorsements in respondents' advertisements for weight reduction and/or weight control programs and products.

PAR. 20. The acts or practices of respondents and expert respondent Dr. Barry Bricklin as alleged in this complaint constitute unfair or deceptive acts or practices in or affecting commerce and false advertisements and endorsements in violation of Sections 5 and 12 of the Federal Trade Commission Act.

BUCKINGHAM PRODUCTIONS, INC., ET AL. 45 37 Amended Complaint EXHIBIT A

Losers Are Winners With Rotation Center's Revolutionary Weight-Loss Program

It's easy because it's the diet you can live with. You can eat anything you want...without guilt...without injuring your health...without drugs...without being hungry all the time. There are no special foods to buy...no weighing out portions...no calorie counting...no exercising. In fact, people don't even need to know you're on a diet. Best of all, you're never more than 24 hours away from the best meal of your life! Think it's impossible? It's not! Read on for complete details...

Amended Complaint

The Diet You Can Live With. Does It Really Work? It Worked For Dot Woolslager...

and she ate cheesecake, fettuccine, ice cream sundaes, Tia Marias and all the other foods that she loves! Here's Dot's fabulous success story I started the Rotation Diet on April 23, 1979. By the end of the summer I had lost 45 pounds, dropping my weight from 185 to 140 pounds. I was beginning to rejoin the human race." Since then I have been able to enjoy a modified maintenance program - fewer diet days - and still my weight continues to drop. My original goal was 130 pounds - I'm now down to 123 pounds with a new goal of 115. I've lost a total of 62 pounds so far. I've lost that's over 29 inches, see my chart below! I'm almost down to the same weight as when I was a teenager. My skin is tight and I feel great! I'm very proud of the way I look now - and looking good makes me feel young. I'm also very proud of the dramatic change in her [illegible] Dad, Mom And [illegible] husband was extremely understanding during my fat years. I know he enjoys taking his wife back. And I enjoy being back! I just bought a new dress - size 9/10 - that shows off my legs and [illegible] can't think how truly miraculous the Rotation Diet has been for me. Not only have I lost 62 pounds and 29 plus inches, but I've been able to enjoy all the foods I love during this diet without that nagging guilty feeling. The Rotation Diet has transformed my life and I know it could do the same for you.

Dot's statistics Before Now WEIGHT 185 lbs. 123 lbs.

WAIST 34" 26"

HIPS 43" 36"

CHEST 35" 34"

NECK 13" 11"

THIGH 22" 15 1/2"

CALF 13" 10"

UPPER ARM 12" 10"

Dot before she started the Rotation Diet Dot now 62 pounds lighter

It worked for Arlene...

Here's Arlene H. at 218 pounds before the Rotation Diet. And here she is at 143 pounds. Her goal is 125 and Rotation Diet is going to help her get there!

It worked for Judy:...

Here I am with the slacks I used to wear before the Rotation Diet. Now I'm 23 pounds lighter!

And it worked for all these people, too!

In fact, people from all walks of life have become winners with the Rotation Diet. Just look at all the professions represented by Rotation Dieters from all across the country. housewife [illegible] physician [illegible] stewardess [illegible] dancer [illegible] psychologist [illegible] real estate agent [illegible] school teacher [illegible] nurse [illegible] factory worker [illegible] dentist [illegible] choreographer [illegible] eye doctor [illegible] baker [illegible] nurse [illegible] student [illegible] teenager [illegible] beautician [illegible] model [illegible] [illegible]

Name Pounds Lost Name Pounds Lost Pat 54 Ann 40 Arlene H 53 Linda 52 Bill 31 in 30 days Bill 30 Bob 30 in 1 week Jean 30 in 2 wks 24 total Barry 25 & maintaining William 50 Ann 40 Judy 25 June [illegible] week Maxine 15 in 2 weeks Mary 16 Ruth 25 and maintaining [illegible] 24 Jerry 25 [illegible] 23 Janice 23 in 3 weeks [illegible] 25 June 25 Plus tens of thousands more!

With the Rotation Diet, losers are winners. Wouldn't you like to see your name added to our list of winners? Start the Rotation Diet now and it won't be long before you too are saying, "I'm a losing winner with Rotation, and I feel great!"

"I feel normal!" J.F., New York, NY "I've lost over 70 pounds while eating all the ice cream that I want 4 days every week. THIS IS THE MOST SUCCESSFUL DIET EVER!" P.A., Philadelphia, PA "I've been on maintenance for 6 months and it's working great! I now have only ONE diet day each week." S.R., Los Angeles, CA

BUCKINGHAM PRODUCTIONS, INC., ET AL. 47

37 Amended Complaint

The Diet You Can Live With. Does It Really Work?

It Worked For Dot Woolslager...

and she ate cheesecake, fettuccine, ice cream sundaes, Tia Maria and all the other foods that she loves! Here's Dot's fabulous success story: I started the Rotation Diet on April 23, 1979. By the end of the summer I had lost 45 pounds, dropping my weight from 185 to 140 pounds. I was beginning to rejoin the human race...

Since then I have been able to enjoy a modified maintenance program, [illegible] and and still my weight continues to drop. My original goal was 130 pounds. I'm down to 123 pounds with a new goal of 125. I've lost a total of 62 pounds so far. [illegible] that's over 29 inches! See my chart below! I'm almost down to the same weight as when I was a teenager! My skin is tight and I feel great! I'm very proud of the way I look now — and looking good makes me feel good. My [illegible] is also very proud of the dramatic change in their old Mom — and [illegible] — [illegible] was extremely understanding during my fat years. I know he enjoys taking his [illegible] bride back! And I enjoy being back! I just bought a new dress — size 9-10 — that shows off my legs and [illegible] can't [illegible] think how truly miraculous the Rotation Diet has been for me. Not only have I lost 62 pounds and 29 plus inches, but I've been able to enjoy all the foods I love during this diet without that nagging guilty feeling. The Rotation Diet has transformed my life and I know it could do the same for you!

Dot before she started the Rotation Diet

Dot now 62 pounds lighter

| Dot's statistics | Before | Now | | WEIGHT | 185 lbs. | 123 lbs. | | WAIST | 34" | 26" | | HIPS | 43" | 36" | | CHEST | 38" | 34" | | NECK | 13" | 11" | | THIGH | 27" | 15" | | CALF | 13" | 10" | | UPPER ARM | 12" | 10" |

It worked for Arlene...

Here's Arlene H. at 218 pounds before the Rotation Diet. And here she is at 143 pounds. Her goal is 125 and Rotation Diet is going to help her get there!

It worked for Judy...

Here I am with the slacks I used to wear before the Rotation Diet. Now I'm 23 pounds lighter!

And it worked for all these people, too!

In fact, people from all walks of life have become winners with the Rotation Diet.

Just look at all the professions represented by Rotation Dieters from all across the country:

housewife [illegible] physician [illegible] stewardess [illegible] dancer [illegible] psychologist [illegible] real estate agent [illegible] school teacher [illegible] counselor [illegible] factory worker [illegible] dentist [illegible] choreographer [illegible] eye doctor [illegible] baker [illegible] nurse [illegible] student [illegible] teenager [illegible] beautician [illegible] model [illegible] radio personality [illegible]

| Name | Pounds Lost | Name | Pounds Lost | | Pat | 74 | Ann | 40 | | Arlene H. | 53 | Linda | 52 | | Bill | 31 in 30 days | Bill | 30 | | Bob | 30 in 1 week | Jean | 10 in 2 wks. 24 total | | Barry | 25 & maintaining | William | 50 | | Ann | 40 | Judy | 25 | | June | [illegible] in 1 week | Maxine | 15 in 2 weeks | | Mary | 16 | Ruth | 25 and maintaining | | Ivy | 24 | Jerry | 25 | | [illegible] | 23 | Janice | 3 in 3 weeks | | [illegible] | [illegible] | June | 35 | | [illegible] | 25 | Plus tens of thousands more! | |

"I feel normal!" J.F., New York, NY "I've lost over 70 pounds while eating all the ice cream that I want 4 days every week. THIS IS THE MOST SUCCESS- FUL DIET EVER!" P.A., Philadelphia, PA "I've been on maintenance for 6 months and it's working great! I now have only ONE diet day each week." S.R., Los Angeles, CA

With the Rotation Diet, losers are winners. Wouldn't you like to see your name added to our list of winners? Start the Rotation Diet now and it won't be long before you too are saying, "I'm a losing winner with Rotation, and I feel great!"

Amended Complaint 110 F.T.C.

Meet a Few Of Your Phonefriends...

It's easier to succeed on the Rotation Diet because you don't have to do it alone. You get all the answers, all the help and support you need without attending meetings and without having to compare your weight with someone else's. Best of all, it's done by phone, toll free at no cost to you. not try it out right now! Call one of your new Phonefriends today — they're ready and waiting to help you.

[illegible] is 29 years old, 5'4", [illegible] with two children, ages three and nine, both girls. She has a large garden and enjoys canning and freezing her own vegetables. [illegible] fine until she got pregnant with her second child. She put on an extra 20 lbs. and couldn't seem to get rid of it. Regular diets [illegible] away all of her snacks and the more strenuous diets made her sick. On the Rotation Diet she has lost 23 lbs. in 2 1/2 months! [illegible] great!

NANCY is 34 years old, 5' 9" married, with two children, ages five and nine, a boy and a girl. She enjoys ice skating, bowling, bingo and buying new clothes for her new figure. Nancy has been fighting the "battle of the bulge" for about ten years. Three years ago she went on the Rotation Diet and has lost 12 lbs. At the time the Rotation Diet was new and maintenance procedures had not been developed. Without a maintenance program, Nancy put the 12 lbs. back on. Last year she went back on the Rotation Diet and has lost 25 lbs. in 2 1/2 months. This time she will be able to use the Rotation Diet Maintenance Program and will be thin for the rest of her life.

VICKI is 28 years old, she's been married eight years and has two children. Vicki is one of those girls who really has to fight to keep her weight down. Keeping after a family with three different schedules and eating habits certainly doesn't make dieting easy. Since starting the Rotation Diet eight weeks ago, Vicki has lost 23 pounds. Soon she will reach her goal — and be able to stay there. Vicki enjoys hobbies and crafts and at the present time is renovating their old Bucks County home.

KAREN is 21 years old and single. She never really had a weight problem until she finished high school and went to college. The college social swim plus the pressure of studies helped contribute 10 pounds to Karen's usually swift frame. After business school, Karen went to work at the Rotation Diet Center and decided to try the Rotation Diet. She quickly lost the extra ten pounds and is now enjoying the freedom of the maintenance program. Karen is an "outdoorsy," people person. She enjoys being with people, talking to people, and enjoying people. Her hobby is art and drawing.

MARYANN is a 38 year young grandmother who has been married 20 years. She has three children — two girls and one boy — and 4 grandchildren. She works as a nurse and lives on a small farm raising beef cattle and ducks. She has lost 30 pounds and 25inches in four months on the Rotation Diet. Her interests include hunting, fishing, sewing, eating, ice and roller skating and the Rotation Diet. (actual size!)

PROMPT CONFIDENTIAL SERVICE Orders Filled In 1 Day!

[illegible] know that when you decide to go on a diet you want to start NOW. With this in mind, we are geared to process all new orders the same day they are received. We ship by UPS which means that usually you receive your materials in 2 to 3 days.

Plus, you can call us TOLL FREE six days of the week between 8 a.m. and 10 p.m. Eastern Time. Call to place an order, call if you have questions, call if you just want to share your weight loss success, or call if you need a little encouragement! TOLL FREE 900-523-5763

We invite you to test us just pass our way. We'd love to meet you in person and hear about your success with the Rotation Diet. Come see us soon.

Here's What You'll Receive When You Join Rotation Center's Revolutionary Weight Loss Program...

Your personalized Rotation Diet Kit will include all of the following:

• Rotation Wafers (the key to success) • Rotation Multi-vitamins • Instruction Handbook • Calendar • Free Subscription to our special newsletter, "Rotation Rescue"

And of course you get unlimited telephone contact with the Rotation Center and your Phonefriends!

If You Act Now You'll Also Receive This Very Special FREE GIFT...

Your free "welcome" gift is a lovely glittering gemstone ring! sterling silver exquisitely covered with 24 karat gold with a hand cut gemstone set in the center. You'll also receive a free gold covered frame and a 24 kt. gold filled serpentine chain.

Each ring has been handcrafted expressly for the Rotation Center through a special arrangement with the Buckingham Mint. These exquisite rings weigh 3 grams and measure 1/2 mm by 2 1/2 mm — perfect to wear or wear as a necklace or on a charm bracelet. You choose the gemstone you want: EMERALD • RUBY • SAPPHIRE • PEARL • PERIDOT • TOPAZ • GARNET • CUBIC ZIRCONIA • AQUAMARINE • [illegible] • OPAL • AMETHYST [illegible] worth [illegible] is $20.00 value and it's yours free when you join [illegible] the deadline shown on your enclosed Membership [illegible] As extra incentive we have a special program [illegible] you to receive FREE gold and silver rings when you reach [illegible] weight loss goals. Complete details will be included in your Membership Kit.

"Everyone has one problem or another during weight loss, but on this diet, you get the answers and all the help you need." C.T., Toronto Canada

"I love the true freedom of being able to eat whatever I want every TUESDAY, THURSDAY, SATURDAY AND SUN- DAY!"

M.A., Norristown, PA

MONEY BACK GUARANTEE The Rotation Diet has been so successful that we never needed to guarantee it. However, we want to put your hesitations aside — we want to let you know this is a great offer. So we guarantee to refund the full purchase price of your unused Wafers & Vitamins if you're not completely satisfied. Use the wafers and vitamins exactly as prescribed for 2 weeks. If you don't lose the weight established by your goal, return the unused portions within 30 days of original order. We guarantee to send you a refund based on the unused portion of supplies, not including membership set-up fee. (Guarantee valid only if supplies are accompanied by original invoice. Not responsible for returns not received — recommend "receipt requested" mailing.) Don't wait any longer! Get the diet you can live with — ORDER TODAY!

BUCKINGHAM PRODUCTIONS, INC., ET AL. 49 37 Amended Complaint EXHIBIT B

Discover DIET FREEDOM with The FREEDOM DIET

Read what glamorous Barbara Eden Star of "I Dream of Jeannie" and "Harper Valley" has to say about The Freedom Diet.

"No wonder homemakers, business people, workers everywhere have chosen The Freedom Diet. It's fantastic." Now, You too can Discover Diet Freedom with the Safe, Simple and Affordable Freedom Diet. You can eat anything you want 4 days a week and still lose weight.

Amended Complaint

Eat AND Lose...

the FREEDOM DIET gives you the freedom to eat while you lose weight. No more fighting will power no more guilt no more changing your lifestyle!

NO MANDATORY EXERCISING [illegible]

DIET DAYS ARE EASY [illegible]

EAT ONE DAY [illegible]

OUR "MAKE-A-BREAK" PLAN [illegible]

FREEDOM FRIENDS [illegible]

GET THE FREEDOM [illegible]

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

Now you can eat whatever you want...as much as you want. The New FREEDOM DIET—It's safe, simple and affordable.

Kathy Used To Weigh 189 Pounds...Today She Weighs 126 Pounds "My Mother and sister and my grandmother were all heavy. And I was heavy. I continued to gain weight over the years until I reached 189 pounds. I carried that weight for three years. And the one day I looked at myself in the mirror, I really looked, and I couldn't stand myself another day." So Kathy went on a diet. She tried one diet after another with OK results—hang on until she would start to cheat and the weight would begin to come back. She simply couldn't give up all those scrumptious and fattening foods she loves so much. So she always ended up cheating and feeling guilty. Then Kathy heard about the FREEDOM DIET ... a diet that lets you eat anything you want as [illegible] to lose, plus I wanted to stop jumping from diet to diet, to give it a try. I had plenty of weight to lose, plus I wanted to be able to eat with the family had, these diet can [illegible] Today Kathy weighs 126 pounds. I'm happy. And the next day. "I never dreamed I'd my diet, they'd love me a piece and I'd have it. He hoped and he prayed. Today, Kathy is happy. She gives me the freedom I've found on the FREEDOM DIET. I'm so much happier with My!" Kathy

Here's how the FREEDOM DIET works:

This amazing diet actually lets you eat and drink what and whenever you want on TUESDAYS, THURSDAYS, SATURDAYS AND SUNDAYS. You can have hamburgers, spaghetti, lasagna, pizza, breads and potatoes. And desserts like chocolate cake, ice cream, banana splits, pies and cakes. And whipped cream—whatever your favorites might be. You can have double helpings of everything you want. Eat the whole pie if you want. You're on the FREEDOM DIET. You can eat anything you want 4 days every week. The other 3 days a week—MONDAYS, WEDNESDAYS AND FRIDAYS—are your Diet Days, and on these days you follow a simple weight loss program. You'll lose weight with Freedom Chewable Tablets. And you won't suffer hunger pangs or experience weakness or fatigue. You'll be able to diet without coffee and tea (and there are no [illegible] or foods). These are the Diet Days (they're your fast-loss days). The Freedom Chewable Tablets are the key to your weight loss success. They contain no medicine or drugs, yet they stop hunger and help you to feel good on your diet days.

| S Freedom Day | M Freedom Day | T Freedom Day | W Freedom Day | T Freedom Day | F Freedom Day | S Freedom Day | | 7 | 1 | 7 | 8 | 4 | 9 | 6 | | 14 | 8 | 15 | 10 | 11 | 12 | 13 | | 21 | 15 | 22 | 17 | 18 | 19 | 20 | | 28 | 22 | 29 | 24 | 25 | 26 | 27 | | | 29 | 30 | 31 | | | |

By following the FREEDOM DIET 7 days a week, you can lose up to 20 pounds the first month. And best of all, nobody has to know you're on a diet because FREEDOM DIET has a special plan for switching your Freedom Days and Diet Days. It lets you enjoy special days without messing up your diet. After You Reach Your Goal, It's Easy To Maintain Once you reach all the weight you want to lose, you use the same FREEDOM DIET. I has special Maintenance Program. You'll still enjoy your Diet Days to 2 per week, then your system adjusts to your new weight. You'll cut back to just 1 diet day per week and you'll be able to stay slim for the rest of your life. It's Safe And It's Sure The FREEDOM DIET contains no medications of any kind. It's a food product. All you care about is that I have them all or you like. It's safe because it just makes good sense to have a diet that doesn't deprive you of all the foods you love. And because it doesn't deprive you, it's easy to stick with the FREEDOM DIET. You'll lose all the weight you want to lose—and you'll be able to keep it off.

Amended Complaint

whenever you want 4 days a week!

Freedom Friends Will Be Here To Help You At Freedom Headquarters there are special people whose only [illegible] to help you Take a minute right now, and meet a couple of these special Freedom Phone Friends

NORA CAREY Freedom Friend [illegible]

Shirley Yeal Freedom Friend [illegible]

A PERSONAL MESSAGE FROM BARBARA EDEN [illegible]

Freedom Dieters Tell Us...

[illegible]

Freedom Headquarters Answers Your Questions Q How much weight can I really lose on the FREEDOM DIET? [illegible] Q Can the FREEDOM DIET harm me in any way? [illegible] Q What exactly do the Diet Day Chewable Tablets do? [illegible] Q Can I buy FREEDOM DIET Chewable Tablets in the store? [illegible] Q Should I consult my doctor before starting the FREEDOM DIET? [illegible] Q Once I lose, how can I be sure I won't gain it all back? [illegible] Q What about vacations, parties and other times when I will be forced to eat what everyone else eats? [illegible]

Don't wait any longer—take your first step to diet freedom by completing and mailing your enclosed personalized order form today. You'll be glad you did!

BUCKINGHAM PRODUCTIONS, INC., ET AL.

Amended Complaint

THE FREEDOM DIET™ Freedom Headquarters • Washington Crossing, Pennsylvania 18977 215-794-1255 or 215-794-5643

NOW FOR THE FIRST TIME YOU CAN GET ALL THE ADVANTAGES OF A ROTATION DIET BUT AT A BARGAIN PRICE!

[illegible] [illegible]

Dear Friend, If you're like me you've read all about the "Rotation Diet" that so many people have been using It's true that it works But it's also true that it's expensive — you have to pay a membership fee in order to use the diet program and then of course you have to pay a high price for the diet itself

It's for this reason that I'm writing you today I'm very pleased to be able to tell you about the FREEDOM DIET It's the same kind of diet [illegible] it doesn't cost you nearly as much You get the same advantages the plan works the same way and the Freedom Chewable Tablets do the same job The big difference is the price!

If you're wondering how we can make this offer let me explain You save money because

• we don't have big costly newsletters • we don't have a toll free phone line • we don't send you separate vitamins—they're included as part of the Freedom Chewable Tablet • we don't waste money on fancy packaging • we don't charge you a costly membership fee • we don't promise expensive 1 day service but we do process all orders within 5 days

But are you getting a real "Rotation Diet" Yes! And as you will see when you read the enclosed brochure there are thousands of people who have already lost many pounds with the FREEDOM DIET They've freed themselves of unwanted weight safely and easily and saved money at the same time

Just like me these people found that the FREEDOM DIET gives them the freedom to eat while they lose weight There's no more fighting will power no more guilt no more need to change your lifestyle because you can eat whatever you want as much as you want whenever you want 4 days a week—including Saturday and Sunday!

Imagine losing up to 20 pounds the first month without having to give up all the fattening foods you love Like cakes and pies bread and potatoes ice cream and candy pasta pizza and other fast food With the FREEDOM DIET you can keep right on eating all these wonderful foods and still lose weight

Even after you've reached your weight-loss goal you needn't worry about gaining all those unwanted pounds back again FREEDOM DIET has a special weight maintenance plan to keep you slim

So what are you waiting for? Read the enclosed brochure for complete details and then order your own FREEDOM DIET Kit today See for yourself how you can have the freedom of eating while you lose—without it costing you a fortune!

Sincerely

[illegible] Barbara L. Thompson Director, Freedom Diet Headquarters

P.S. We've enclosed a special personalized order form and postage paid return envelope for your convenience However if you wish you can call us at 215-794-3255 or 215-794-5643 and place your order immediate. We accept Visa, MasterCard, American Express and Diners Club

Amended Complaint 110 F.T.C.

THE FREEDOM DIET™ Order Form Freedom Diet Headquarters • Washington Crossing Pennsylvania 18977

DIET FREEDOM with the FREEDOM DIET Special Diet Opportunity For:

Now You Can Eat Whatever You Want...As Much As You Want...

Whenever You Want 4 Days A Week And Still Lose All Those Unwanted Pounds!

And that's exactly what you'll get—the freedom to eat whatever you want while you lose weight * without exercising * without pills or drugs * without counting calories * without special [illegible] * without getting dizzy or fatigued THOUT GUILT Best of all you get all the antages of the Rotation Diet but at a bargain [illegible] There are no membership fees No office visits or consultation fees

It's Easy To Begin The FREEDOM DIET [illegible] 1 Complete the form at right There are additional order blanks on the reverse for your friends 2 Be sure to fill in your credit card information and sign if you are charging your order 3 Mail your order form and payment if paying by check or money order in the handy postage paid envelope we've provided for your convenience

IF YOU PREFER you can phone in your order Just call 215 794 3255 or 215 794 3643 any day of the week including Saturdays and Sundays between 8 a.m. and 11 p.m. eastern time "Whatever you do don't wait any longer Take your first step to diet freedom by ordering your own FREEDOM DIET Kit today"

Name ________________________________________ Address ________________________________ Apt ________ City ________________________ State ________ Zip ________

[illegible]

☐ YES! I want to get diet freedom with the FREEDOM DIET Please send me the following right away ☐ 1 FREEDOM DIET KIT 4 week supply $39.95 we pay postage & handling .................... $39.95 total ☐ 1 FREEDOM DIET KIT (2 week introductory offer) $19.98 + $1.75 postage & handling .................... [illegible] total Where did you first hear about the FREEDOM DIET? ________________

Please check one:

☐ check ☐ money order ☐ C.O.D. $1 made payable to FREEDOM DIET OR ☐ VISA ☐ MASTERCARD ☐ AMERICAN EXPRESS ☐ DINERS CLUB Card # ________________________ expiration date ________ Date ________________ Signature ________________________ Phone # ____________________________________________ If you want you may add $4.00 for each kit for UPS AIR delivery if you live in one of these states AL AK AZ AR CA CO FL GA HI ID IL IN IA KS KY LA MI MN MS MO MT NE NV NM ND OK OR SD TN TX UT WA WI WY

Additional order forms for your friends on the back.

BUCKINGHAM PRODUCTIONS, INC., ET AL. 55

37 Amended Complaint

Now You Can Get Bathing Suit Freedom With The Freedom Diet!

If you feel a little self-conscious when you slip (or struggle) into your swimsuit, then you need the FREEDOM DIET! It's the safe, simple, affordable way to shed unwanted pounds WITHOUT giving up any of the foods you love.

No exercising...no counting calories...no special foods...no drugs... NO GUILT.

OUR "MAKE-A-BREAK" PLAN will help you maintain your weight for up to 15 days when you have to take a break from Freedom Diet. Enjoy your vacation...don't feel uncomfortable when you have house guests...

Amended Complaint 110 F.T.C.

EXHIBIT C

ROTATION CENTER [illegible]

The diet you can live with

You can lose 16-20 pounds per month (comfortably, happily, eating what you like) and keep it off with THE ROTATION DIET™

SAT SUN MON TUES WED THUR FRI

ROTATION DIET™

DOES IT WORK? Dot Woolslager Lost 82 Pounds While Eating Cheesecake, Fettuccine, Ice Cream Sundaes, Tia Marias – All The Foods She Loves – Every Tuesday, Thursday, Saturday And Sunday

| | | | 30 | 29 | 28 | | | 27 | 26 | 25 | 24 | 23 | 22 | 21 | | 20 | 19 | 18 | 17 | 16 | 15 | 14 | | 13 | 12 | 11 | 10 | 9 | 8 | 7 | | 6 | 5 | 4 | 3 | 2 | 1 | | | S | F | T | W | T | M | S |

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

It worked for Dot Woolslager Dot's Fabulous Success Story I started the Rotation Diet™ on April 23, 1979 By the end of the summer I had dropped from 185 pounds to 140 pounds and was beginning to "rejoin the human race." During these intervening months, I have been able to enjoy a modified maintenance program (minus diet days) and still my weight has continued to drop. I am now down to 123 pounds with a new goal of 115 pounds. (My original goal was 130 pounds.) My total loss so far has been 62 pounds! AND hundreds of inches! (see my chart!) My skin is tight and I feel great! I'm almost down to the same weight as when I was a teenager. I'm very proud of the way that I look — and looking good makes me feel good! My family is also proud of this dramatic change in their "old" Mom. Although my husband Bob was extremely understanding during my "fat" years, I know that he enjoys having his "bride" back. (And I enjoy being back!) I just bought a new dress — size 9-10 (one that shows off my legs) and I couldn't help but think how really miraculous the Rotation Diet™ has been. Not only have I lost 62 pounds and hundreds of inches but I've been able to enjoy all of the food that I love all during the diet — cheesecake, fettuccine, ice cream sundaes, Tia Maria on the rocks — everything that I love. The Rotation Diet™ has transformed my life and it can do the same for you.

ROTATION DIET™ LOSERS ARE WINNERS [illegible]

| Dot's Statistics | THEN | NOW | | WEIGHT | 185 | 123 | | WAIST | 34 | 27 | | HIPS | 43 | 37 | | CHEST | 35 | 35 | | NECK | 13 | 11 | | THIGHS | 22 | 18½ | | CALF | 13 | 11 | | UPPER ARM | 12 | 10 |

IT WORKED FOR THOUSANDS MORE WHO LOST AS LITTLE AS 5 AND AS MUCH AS 110 POUNDS.

The Rotation Diet™ will work for YOU

JUDY LOST 25 POUNDS — SHE'S NOW AT HER GOAL

Amended Complaint 110 F.T.C.

Here's how...

It's easy! It's successful! And it saves you more than it costs! EAT WHATEVER YOU WANT, AS MUCH AS YOU LIKE

Tuesday, Thursday, Saturday and Sunday are "FREE DAYS"! You'll eat and drink what you like - good food or junk food - anything you want. Not just ice cream, but a sundae with fudge sauce, with whipped cream, with nuts. A cheeseburger and french fries (double order if you're hungry). Pretzels and beer. Imagine! Everything you want to eat in whatever quantities you choose! Absolutely no limitations! ● Four "FREE DAYS" every week. You are eating the way you like to eat.

● "FREE DAYS" are your "reward days." They make the difference between your staying on the diet and giving it up. Most people give up diets because they feel deprived of favorite foods, because they're bored with the same foods, or bothered counting calories, or purchasing special foods. There's none of that with The Rotation Diet™.

● The Rotation Diet™ is the diet you can live with and stick with. After you near your goal weight, you'll get more and more "FREE DAYS" each week - up to six out of seven!

SPECIAL "FLEXIBILITY"

FEATURE

The Rotation Diet™ is the "no-one-has-toknow-you're-on-a-diet" Diet. That's because of its wonderful switching day option that lets you make all special days into "FREE DAYS" without messing up your diet.

● celebrate birthdays with the cake ● at parties, join in the eating and drinking ● dine in restaurants knowing you can choose anything on the menu - and still stay on your diet ● stuff the stocking at Christmas, then stuff yourself.

It won't be hard for you to remember your "FREE DAYS." But to help you highlight these feast days, you'll find in your Rotation Diet™ Kit a supply of brightly-colored "FREE DAY" and Balance Day stickers for your calendar. When you look at the month, you'll see that "FREE DAYS" far outnumber the rest.

And it saves you more than it costs!

LOSE WEIGHT FEELING GREAT

The other three days a week - Monday, Wednesday and Friday - you'll follow our special 3 point program.

This is what makes The Rotation Diet™ the diet you can live with. You see, on "FREE DAYS" you'll really live it up. You'll have a feast, satisfy all your cravings. The next day you won't have trouble doing without your favorite foods. Because you'll know you can have as much as you want of them—and anything else—in less than 24 hours. And remember: Monday, Tuesday, Thursday, Saturday and Sunday are Feast Days! The Rotation Diet™ doesn't have fast days. The "feast-and-fast" method of dieting doesn't work. It often causes dizziness and fatigue. And when hunger pangs come, most people end up eating on their fast days. The Rotation Diet™ gives you BALANCE DAYS.

● On Balance Days you'll have Rotation Wafers,™ Rotation Multi-Vitamins,™ and a number of Rotation foods. In addition, you'll have unlimited, private consultation by phone with the Rotation Diet Center and your Phonefriend—a very important part of your diet.

● Rotation Wafers™ make the diet work. They're critical to the success of the diet because they STOP HUNGER (yet they're not a medicine, drug or shot, so they're perfectly safe) PROVIDE ENERGY (through a unique combination of healthful, high-energy, natural ingredients)

ELIMINATE FATIGUE (you can do whatever you want on a Balance Day from early morning to late at night) ● This is a personalized, custom diet, not a "mass program" that's the same for everyone. The amount of Rotation Wafers you must take is determined by a Rotation Diet Center counselor, based on the enclosed questionnaire and then filled in by hand in your member's Instruction Handbook.

● Rotation foods make the diet even easier to live with. Choose from a list that includes a full 16 ounces of cottage cheese, Rotation Custard in every flavor you can imagine, Rotation Jello in every color of the rainbow, and all the diet soda, coffee, tea or water you want. Additional foods will be added later by your personal counselor.

● You'll save more than you spend on this diet! Most people cut about 40% off their food bill because they've cut down on expensive foods during their three Balance Days a week. That more than covers the cost of The Rotation Diet.™ And, with The Rotation Diet,™ there are no office visits or expensive consultations. You get unlimited telephone support included in your low weekly charge.

● No calorie counting ● No forbidden foods ● No drugs or medicine ● No weighing of portions ● No gadgets or machines ● No expensive office visits.

Enjoy unlimited advice, support and encouragement You'll lose more, lose faster with the help of your personal counselor

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

There are 3 Very Special Ingredients In The Rotation Diet."

THE ROTATION DIET CENTER, YOUR PHONEFRIENDS AND YOU.

It's easier to succeed on The Rotation Diet" because you don't have to do it alone. You get all the answers, all the help you need, without attending meetings. Without having to compare your weight with someone else's. It's all done by phone, toll-free at no cost to you. When you start The Rotation Diet" you become a member of The Rotation Diet Center. You get complete membership—and you never have to renew. You're a lifetime member! Membership Benefits CALL THE ROTATION DIET CENTER AS OFTEN AS YOU LIKE.

TOLL FREE (800) 522-6262 (215) 794-3278 FROM PENNSYLVANIA

Or contact your Phonefriend. Their names and numbers are included in the package. Call daily if you need to.

We've found that people who keep in touch with the Rotation Diet Center or their Phonefriends lose weight more quickly, and more easily. Enjoy your conversation The Phonefriends have actually been on The Rotation Diet" themselves. So they know just what you're going through. Discuss whatever you want. Your Phonefriend is your friend, who understands that what's happening in the rest of your life affects the progress of your diet. Celebrate your success.

Your Phonefriend will congratulate you every time you lose, and then give a big cheer when you've reached your goal weight and become the person you want to be. Keep your weight off.

Use the Rotation Diet Center to help you maintain your weight loss. Even when you're no longer ordering supplies from us.

RECEIVE A FREE SUBSCRIPTION TO PARTYLINE You'll learn all the latest diet news, collect beauty tips, share the experience of other Diet members, gather new recipes, maybe see your own before and after pictures printed.

HERE'S WHAT YOU GET IN YOUR ROTATION DIET" KIT: • Rotation Wafers"

2 weeks or 4 week supply. You choose the starting amount on your membership application.

• Rotation Multi-Vitamins"

A full 2 week or 4 week supply.

• Instruction Handbook All you need to know, including the number of Rotation Wafers" personally allotted for you, how to switch days, how to add "FREE DAYS," and much more.

• Stickers for your "FREE DAYS"

• Calendar for the year Record your weight loss, watch the numbers drop.

PLUS— "UNLIMITED TELEPHONE CONTACT WITH THE ROTATION DIET CENTER AND YOUR PHONEFRIENDS."

Here's what you'll enjoy as a Lifetime Member of The Rotation Diet Center • Free telephone contact whenever you want, as often as you like—whether you're on the diet, on a maintenance diet program, or not receiving supplies at all.

• Free subscription to the Partyline newsletter

CALL THE ROTATION DIET CENTER FOR MORE INFORMATION TOLL-FREE (including weekends. See enclosed yellow (800) 522-6262 Seven days 9-9 sheet.) In Pa. Call (215) 794-3278 Seven days 9-9 Or call a Phonefriend days, evenings. Call the Rotation Diet Center and use your credit card today 9-9 Eastern Time. Your order is processed and on its way in ONE day!

2 FOR 1 SPECIAL Find out about the special rate for you and a friend on the membership application enclosed. (Green form.)

[illegible]

Amended Complaint 110 F.T.C.

"I'm so pleased about what happened to me, I'd love to help it happen to you."

Talk it over with Dot herself....

BUCKINGHAM PRODUCTIONS, INC., ET AL. 61 37 Amended Complaint

Dear Friend:

I'm beginning to feel like a celebrity Hundreds of people have been calling me personally, asking, Why did you pick The Rotation Diet™?" Didn't you feel guilty, eating so much on your "FREE DAYS", and weren't you worried you wouldn't lose weight? They had read about me and The Rotation Diet™ and seen how successful I was. But they weren't sure they could actually do it themselves

That's why I volunteered to let The Rotation Diet Center relay calls to my home. I want to help spread the word about this wonderful diet.

So just call toll free 1(800) 523 6262 (In Penna. (215) 794-3278) and ask for Dot. I'm available most days and evenings plus weekends. I hope I'll be talking to you soon

Sincerely, Dot Wool slager Dot Wool slager

P.S. I'm no celebrity I'm someone exactly like you who's just a few months ahead of you on The Rotation Diet™ Program And I'm not even unusual — there are thousands of Rotation Diet Center members who've lost as much weight as I have. Even more! In fact, many of these people have joined the Center as Phonefriends [illegible] them would be glad to speak to you [illegible] their names and numbers on the reverse sheet

In Pennsylvania the Center's Number is (215) 794-3278

Return Address (please print):

Name ____________________ Street __________________ City ______ State ____ Zip ____

BUSINESS REPLY MAIL FIRST CLASS PERMIT NO. 6 FURLONG, PA POSTAGE WILL BE PAID BY ADDRESSEE THE ROTATION DIET CENTER National Headquarters Rotation Plaza Furlong, Pennsylvania 18925

NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES

Amended Complaint 110 F.T.C.

EXHIBIT D

"THE DIET YOU CAN LIVE WITH!"

PARTYLINE Published by the Phonefriend Rotation Diet® ROTATION CENTER, Bucks County, Pennsylvania • (215) 794-3278 7 days, 9 to 9 • Outside PA (800) 523-4262 toll free, 7 days, 9 to 9

ROTATION DIET CALLED — "MOST SUCCESSFUL DIET EVER!!"

Here are some comments from the thousands of people who are currently enjoying the Rotation Diet: "I love the true freedom of being able to eat whatever I want every TUESDAY, THURSDAY, SATURDAY and SUNDAY!!" [illegible]

"I feel normal!"

J.P. New York, NY

"I've lost over 70 pounds while eating all of the ice cream that I want 4 days every week. THIS IS THE MOST SUCCESSFUL DIET EVER!" P.A. [illegible], PA

I've been on maintenance for 6 months and it's working great! I now have only ONE diet day each week." L.S. Los Angeles, CA

"The Rotation Tablets taste like Necco Wafers. They really stop my hunger and increase my energy level. I feel good on my 3 diet days!" E.L. [illegible]

"I really pig-out on my free days — pizza, cheesecake, beer, potato chips. I eat to my 'heart's content' and have still lost 57 pounds!" [illegible]

"I save enough on my 3 diet days to more than pay for the whole week. The diet actually costs me nothing!" J.A. [illegible]

"The all natural diet — no drugs or medicine! The Rotation Diet is really SANE and PROVEN SAFE!" C.D. [illegible]

"I just used your switching process to make Wednesday a FREE DAY — it worked great!" A.L. [illegible]

"It's wonderful to know that I'll never have to miss another 'eating day' — no more birthday parties without the cake!" D.W. [illegible]

Dr. Barry Bricklin Joins Rotation Diet Staff as DIRECTOR of our Professional Advisory Board [illegible]

CONGRATULATIONS! [illegible]

One Day Service Fast and Personal We know that when you decide to go on a diet you want to start NOW! With this in mind we are geared-up to process all new orders the same day that they are received. We ship UPS and usually the order is delivered within a day or two in the East and two or three days to the West Coast. Many orders are actually delivered the next day. How are we so efficient? Easy — we use people not computers! My son Blair ordered a book from Time-Life and it took 6 weeks before it was delivered. He asked me every day for 6 weeks where his book was (he's 12) and I kept telling him that computers take time. He asked why they were used if they took so long and I explained that they were needed in large-scale operations. The Rotation Diet Center is relatively small. All together we are run by 75 people (up from 10 people only 12 months ago.) Don't expect Sears-Roebuck. When you call us you get a person who is on the Rotation Diet and CARES about YOU! No answering machines — no computers — just people who care!

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

The Rotation Diet™ will work for YOU!

Here's How . . . .

Tuesday, Thursday, Saturday and Sunday are "FREE DAYS." You'll eat and drink what you like — good food or junk food — anything you want! Not just ice cream, but a sundae with hot fudge sauce and nuts — or even just [illegible] A order of french fries (double order if you're hungry!) Pretzels and beer! Imagine! Everything you want to eat in whatever quantities you choose! Absolutely no limitations! • Four "FREE DAYS" every week.

You're eating your way to thin on "FREE DAYS" are your reward days.

• They make the difference between your staying on the diet or going off it! It won't be hard for you to remember highlight these level days, you'll find in your Rotation Diet Kit a supply of brightly colored "FREE DAY" stickers for your calendar. When you look at the month, you'll see that "FREE DAYS" far outnumber the rest • of that with the Rotation Diet! • The Rotation Diet is the diet you can live with and stick with. After you near

your goal weight, you'll girl move and more "FREE DAYS" each week — up to six out of seven! The Rotation Diet is the "no one has to know you're on a diet" switching day because it lets you make all special days into "FREE DAYS" without messing up your diet! • celebrate birthdays with the cake, • all parties in the eating and drinking • dine in restaurants knowing you can choose anything on the menu — and still stay on your diet! • stuff yourself [illegible] stocking at Christmas, then lift yourself It won't be hard for you to remember highlight these level days, you'll find in your Rotation Diet Kit a supply of brightly colored "FREE DAY" stickers for your calendar. When you look at the month, you'll see that "FREE DAYS" far outnumber the rest

It worked for Dot Woolslager

Dot's Fabulous Success Story . . .

I started the first [illegible] on April 23, 1979. By the end of the summer I had dropped from 185 pounds to 140 pounds and was beginning to [illegible] the human race — human! I have been [illegible] I have been able to enjoy a modified maintenance program (much like a diet) and still my weight has continued to drop. I am now down to 123 pounds with a new goal of 112. A total loss [illegible] original goal was 62 pounds. [illegible] hundred and I feel su[illegible] has been 62 pounds. [illegible] 30 pounds overweight as [illegible] (See my chart). I feel so light and I feel great! I'm almost down to the same weight as when I was [illegible] I'm very proud of the way that I look and it feels good to feel dramatic [illegible] to my family is also proud of me. My husband [illegible] who is her "Dot" Mom. Although my husband [illegible] changes extremely understanding during my "fat" [illegible] that's [illegible] their Mom enjoying his "Bride" [illegible] [illegible] enjoy being back! [illegible] I know that he enjoys having [illegible] "Bride" [illegible] just bought a new dress — size 9 (one that [illegible] shows off my legs) and I couldn't help but think [illegible] how really marvelous the [illegible] pounds [illegible] has [illegible] them. Not only have I lost 62 pounds and [illegible] hundreds of inches but I've been able to enjoy all [illegible] the food that I love during the diet — everything [illegible] cheesecake, lettuce, ice cream, sundaes, ha [illegible] Maria on the rocks — everything that I love. The [illegible] Rotation Diet — has transformed my life and it can do the same for you

| Dot's Statistics | THEN | NOW | | WEIGHT | 185 | 123 | | HIPS | 44 | 37 | | WAIST | 33 | 27 | | CHEST | 43 | 35 | | NECK | 13 | 11 | | THIGHS | 22 | 18 1/2 | | CALF | 13 | 11 | | UPPER ARM | 12 | 10 |

ROTATION DIET LOSERS ARE WINNERS Per — 14 lbs lost Bill — 31 lbs lost in 30 days Arleen — 53 lbs lost Ann — 40 lbs lost

Nancy lost 25 lbs — [illegible] 62 lbs, Marianna 30 lbs

Amended Complaint

And it saves you more than it costs! LOSE WEIGHT FEELING GREAT

live other three days a week—you'll follow our special 3-day program. Monday, Wednesday and Friday.

This is what makes the Rotation Diet— the diet that lets you "pig out" on "FREE DAYS" and still lose weight—so different. The next day you won't gain it back. Doing without your favorite foods for only one day at a time—you can have as much as you want of them—and as anything you want—less than 24 hours. And remember, on Saturday and Thursday, Saturday, Sunday [illegible] Free Days? The Rotation Diet doesn't have last days the food and [illegible] method of dieting doesn't work. It often causes dizziness and fatigue. And when you go off them, most people end up eating binges the last days.

The Rotation Diet gives you BALANCE On Balance Days you'll have [illegible] Rotation Waters [illegible] vitamins and a Rotation Multi [illegible] foods. In addition, you'll have unlimited private consultation by phone with the Rotation Diet Center and your part of your Rotation Waters.

[illegible] They're critics' makes the diet work. They're what makes the success of STOP HUNGER before they've got a medicine, drug or shot, so they're

perfectly safe.

PROVIDES ENERGY (through a unique combination of natural, high energy, natural ingredients) that [illegible] whenever you want on a Balance Day ILLUMINATE FATIGUE (you can do away with that tired, run-down feeling from early in the morning to late at night) This is a personalized, custom diet. [illegible] mass program. The amount of the same hot "everyone must take" is determined by a Rotation Diet questionnaire, based on the Rotation Diet counselor and then filled in by you and your member's instruction. Hardly your member's [illegible] Rotation foods. Choose the diet even easier to live with. On Balance Days, a that includes a full 16 ounces of low-fat cheese, Rotation Custard in every flavor, you can imagine, Rotation Jello in every soda, other rainbow, and all the diet Additional foods or water you want. Your personal counselor will be aided later by [illegible] you'll save more than you spend on this diet. Most people cut their grocery the food bill because they save 40% off expensive foods during their "FREE But most of the week. That more than And, with Rotation Diet, there are no office visits or telephone consultations. You get unlimited telephone support included in your low weekly charge.

Answers to your questions

Q. [illegible] A. [illegible]

Q. [illegible] A. [illegible]

Q. [illegible] A. [illegible]

Q. [illegible] A. [illegible]

Q. [illegible] A. [illegible]

Q. [illegible] A. [illegible]

Here's what you get in your Rotation Diet kit:

• Rotation Waters "2 for 4 week supply no choice of starting amount on your • Rotation [illegible] • 4 week supply [illegible] A full 2 week • Instruction Handbook. All you need to know, including the number of Rotation • Water, personally allotted for you, how to switch days, how to add "FREE DAYS," and much more.

• Coupons for your "FREE DAYS"

• Guide to your Year Record your weight loss, watch the numbers drop

PLUS—UNLIMITED TELEPHONE CONTACT WITH THE ROTATION DIET CENTER AND YOUR PHONE FRIENDS.

Here's what you'll enjoy as a Lifetime Friend of the Rotation Diet Center: • Want to phone contact whenever you want—daytime or night-time—whether you're on the diet or on maintenance program, or not receiving supplies at all.

• Free subscription to the Perkyvine newsletter

Call the Rotation Diet Center for more information TOLL-FREE 1-800-623-4933 Seven days 9-9 Toll? Call (319) 798-3278 Seven days 9-9 *Call Phoneline? days, evenings, including weekends.

Call the Rotation Diet Center and use your credit card today (8 a.m. to 8 p.m. [illegible] time). Your order is processed and on its way in ONE day!

One day service—Fast and personal

[illegible] Shipping Department Rotation Center [illegible]

We know that when you decide to go on a diet you want to start NOW! With this in mind we have geared up to process all new orders the same day they are received. We [illegible] usually get the order delivered the next day? They How [illegible] so efficient? [illegible] we use computers? My son Blair ordered me a book from Time-Life. [illegible] took 6 weeks before it was delivered and I kept telling him asked me every day for 6 weeks [illegible] why it took so long, they look so long and I ordered computers take time. He asked why the [illegible] took so long and I explained that they were needed in large scale run of 65 people on the Rotation Diet only 6 months ago. Don't expect Sears Roebuck when you call. From 20 people person who is on the Rotation Diet and CARES about YOU! No answering machine—no computers—just people who care!

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint EXHIBIT E THE DIET YOU CAN LIVE WITH! You can lose 16-20 pounds per month with The Rotation Diet. without giving up your favorite foods. Four days a week, eat what you like, as much as you like. Tuesday, Thursday, Saturday and Sunday, eat and drink whatever you like, good food or junk food, from pancakes to pizza to pastry. Three days a week, Monday, Wednesday, and Friday, you follow our special three-point program. The weight comes off and stays off. • No calories to count • No forbidden foods • No drugs • No foods to weigh • No gadgets • No fatigue. To start looking the way you want, call for your free, no-obligation information package.

CALL US TOLL FREE.

(800) 523-5763 In Penna. call (215) 794-3278 Call 7 days a week, from 9 AM to 9 PM Dot Woolslager before at 185 pounds Now on the Rotation Diet plan holding steady at 123.

Goal 115 lbs I'm Dottie Woolslager. I'm thin for the first time since the kids came, and I know I'll never be fat again. I found the Rotation Diet, the only diet I've ever been able to live with.

Included in the free information packet will be telephone numbers of people like me who are on the Rotation Diet right now and can tell you about their experience with it OR get your free information packet by filling out the coupon below Do It Right Now! ROTATION DIET CENTER — — — — — — NATIONAL HEADQUARTERS FURLONG, PA 18925 Please send me your FREE NO-OBLIGATION information packet today NAME ________________________________________________ ADDRESS Please Print _________________________________________ CITY ______________________________ STATE __________ ZIP ________

Amended Complaint 110 F.T.C.

EXHIBIT F

Rotation Diet Buckingham Direct Response Advertising Buckingham, PA 18912-0102 • (215) 794-5914

SCRIPT FOR BUCKINGHAM PRODUCTS 60 SECOND DIET SPOT

PLEASE GET A PENCIL AND STAND BY.

I'M GOING TO TELL YOU ABOUT AN EXCITING NEW DIET THAT IS SWEEPING THE

COUNTRY. THERE ARE NOW OVER 100,000 PEOPLE ON THE ROTATION DIET---AND

THESE PEOPLE ARE LOSING POUNDS WHILE EATING WHATEVER THEY WANT 4 DAYS

EVERY WEEK.

THAT'S RIGHT! ON THE ROTATION DIET EVERY TUESDAY, THURSDAY, SATURDAY AND SUNDAY ARE FREE DAYS WHEN YOU ARE ENTIRELY FREE TO EAT WHATEVER YOU

WANT---AND AS MUCH AS YOU WANT. THE OTHER 3 DAYS YOU OPERATE ON A

PERSONALIZED DIET THAT KEEPS YOUR ENERGY HIGH AND YOUR HUNGER LOW AND

YOU'RE NEVER MORE THAN TOMORROW MORNING AWAY FROM BEING ABLE TO HAVE

WHATEVER YOU WANT. FOR A FREE BROCHURE CALL NOW TOLL FREE.

800-523-62-62

THAT'S

800-523-62-62

ONCE AGAIN, FOR A FREE BROCHURE CALL

800-523-62-62

SEE OUR AD IN THIS WEEK'S TV GUIDE

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

EXHIBIT G

Take-A-Break Tablets° help to maintain your current weight up to 15 days if you must "Take-A-Break" from your Rotation Diet.°

That's right! You can now enjoy up to 15 consecutive Free Days without regaining the weight that you have lost!

We know that there are times when it's impossible to diet - even Rotation Diet - • Vacations with meals paid in advance. • Last-second business dinners.

• When you're sick in the hospital. • Just a feeling that you can't argue with... • All sorts of pleasant times, emotional times, hard times - when it's just not the time to diet

NO DRUGS OR MEDICINE

Take-A-Break Tablets° are specially formulated to work with the Rotation Diet° and help to keep food from turning to fat. This means that for one day, two days, any number up to 15 days you can enjoy taking a break from your Rotation Diet°. Soon as you return - get back on the Rotation Diet° and in one week or less you'll be back at your "Pre-Break" weight. It takes 1 to 3 balance days to rid your body of the food that was accumulated during [illegible] "Break Time"!

Order Now...

You should have a supply of Take-A-Break Tablets° On Hand for those situations that develop at the last minute.

Don't worry about keeping the tablets around they have unlimited life!

| COST | | | Per Day | $ 3.25 | | 15 Days | $48.75 | | (includes postage and handling) | |

Amended Complaint 110 F.T.C.

EXHIBIT H

ROTATION CENTER National Headquarters • Rotation Plaza • Furlong, Pennsylvania 18925

You were very wise to request information about our popular Rotation Diet...

And because you acted at this time, you can now take advantage of a very special offer, including a valuable free gift and a money back guarantee.

The ROTATION DIET is the only diet available to you that lets you eat or drink anything you want 4 days a week and still lose up to 20 lbs. a month!

No Pills. No calorie counting. No special foods. No weighing or measuring. No exercising. No boredom. No gimmicks. NO KIDDING!

Dear Friend,

If you're like me, and the thousands of people I've helped to lose weight, you've tried everything to shed all those unwanted pounds...from calorie counting and weighing foods to carbohydrate, grapefruit, water, and liquid protein diets. But the problem with diets is just that. They're diets! And as we all know, anything that demands that you alter your lifestyle is difficult to stick with. And when you don't, all those pounds and inches come right back!

The Rotation Program is the diet you can live with.

That's right—the Rotation Diet is different from all the others because 4 days a week you eat and drink anything you want, as much as you want. Not celery and carrots, but sundaes, pizza, french fries, pies, cake, anything at all. These 4 days are your "FREE DAYS" and they help satisfy your cravings so you can stay with the program and lose each and every pound you want to.

Unlike other weight-loss plans, Rotation Diet lets you celebrate birthdays with cake...dine out with no restrictions...vacation without limitations...and enjoy parties without guilt just like everybody else.

"Dieting" 3 days a week to lose weight month after month, including 16 to 20 pounds the first month. Impossible? Not at all...I've lost 62 pounds!

That's right. I've lost 62 pounds by using the Rotation Plan. Three days a week I followed a personalized weight-loss program using Rotation Wafers and Vitamins. I didn't experience fatigue, dizziness, hunger or boredom. I lost the weight I wanted to without guilt and without drugs.

Plus, I've kept off that unwanted weight. That's the beauty of the Rotation Diet. They don't leave you "high and dry" after you've reached your weight loss goal like most every other diet.

OVER, PLEASE

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

Rotation Diet gives you an easy weight maintenance plan, too! After you reach your goal, Rotation Center will show you how easy it is to keep that weight off without anyone ever knowing and without it interfering with your lifestyle. In addition, the Rotation Diet also allows you a vacation free of guilt with our special TAKE-A-BREAK plan. You can now safely put your diet on hold for up to 15 days when it just isn't convenient. That's right—Rotation's special Take-A-Break [illegible] let you take a break without feeling guilty and without gaining back all the weight you've lost.

The Rotation Diet can actually save you more money than it costs! With the Rotation Diet you can save more than you spend for the diet. If you're like most people, you'll cut about 40% off your food bill because you'll cut down on expensive foods during your 3 "BALANCE DAYS" each week. Plus, there are never any expensive consultations or office visits to pay for. Our TOLL FREE HOTLINE also assures that you won't have any phone bills, and we guarantee you unlimited use of this special personal and confidential service.

Now's the time to act! I hope you will take a few minutes right now to read my personal story and all the other important information in the enclosed brochure. Then call me and I'll send out the Rotation Diet for you. Or if you prefer, use the handy personalized order form that we've enclosed. Either way, don't put it off—you've got nothing to lose except a lot of unwanted pounds.

Sincerely,

Dot Wool slager Director Rotation Diet Program

P.S. Just for taking the first step to a new, thinner life, we want to send you a beautiful FREE GIFT valued at over $22.00. So don't put it off for one more day. Call or write to me now!

I'll be looking for your order - be sure to mark the envelope to my personal attention!

RD363 R1

Amended Complaint EXHIBIT I

Dot and Judy Introduce the "NO FRILLS" Rotation Diet...

It's the real thing—not an imitation!

Because of overwhelming product interest, we've created a low cost "No Frills" version of our unique Rotation Diet Program. You still eat anything you want 4 days a week, and you still lose weight. It's still the diet you can live with because you're never more than 24 hours away from eating all the foods you love.

How Is This Possible? You can now get this very popular, successful diet at a substantially reduced cost because • there is no membership fee • there are no expensive movie stars advertising our diet • there are no expensive TV or radio commercials • there's no newsletter • there's no fancy packaging • there are no "free" gifts to increase the cost • there's no free "800" phone number • and there are no separate vitamins—you chose your own multi-vitamin Everything else about the Rotation Diet remains the same—you sacrifice nothing when it comes to losing weight!

Compare Rotation Diet With Others You See Advertised . . . Do these other "miracle" diets require you to count calories? Prepare special foods? Do special exercises? Take some sort of drug? Do without your favorite foods for weeks at a time? Make you spend money and waste valuable time at weight reduction sessions? Rotation Diet doesn't make you do any of these! Please take a few minutes right now to read the enclosed details on this "NO FRILLS" Rotation Diet Plan. You'll see that it works just like the original Plan. It's just as safe, just as effective and just as easy! Best of all, you can now try it for as little as $19.98. So go ahead—ORDER TODAY. What do you have to lose besides pounds?

Dot Woolshager Judy Rattray

If you're still not convinced give us a call. We'll talk with you personally and answer any questions you have!

Nº 103-00

BUCKINGHAM PRODUCTIONS, INC., ET AL. 71

37 Amended Complaint

The Rotation Diet Will Work For You, Too!

Here's how the Rotation Diet works:

FREE DAYS [illegible]

| M | T | W | T | F | S | S | | Free Day | Diet Day | Free Day | Diet Day | Free Day | Diet Day | Free Day |

DIET DAYS [illegible]

MAINTENANCE [illegible]

TAKE-A-BREAK [illegible]

It worked for Judy, too:

[illegible] Rotation Diet. Now I'm 23 pounds lighter!

It also worked for these happy people . . .

"I've lost over 70 pounds while eating all the ice cream that I want 4 days a week. THIS IS THE MOST SUCCESSFUL DIET EVER!" "I've been on maintenance for 6 months and it's working great! I now have only ONE diet day each week." "The first week I lost 6 lbs. The second week I lost another 3 lbs. I couldn't believe how good this works and how much [illegible]"

PHYSICIAN REVIEWED

A. J. Robbins, M.D., thoracic surgeon, nutritionist, superintendent of a large hospital in NJ, and a member of the Professional Advisory Board of the Rotation Diet Center says . . . "Experience, both personally and professionally, with the Rotation Diet has enabled me to attest to its effectiveness as well as its safety."

Phone Friends Help You Succeed Available 7 days a week, 12 hours a day, Phone Friends will answer your questions, lend support and help you celebrate your weight-losses. They also guide you through holiday alterations and switches.

Amended Complaint

Losers Are Winners With Rotation's [illegible] [illegible]

Rotation Center's Advisory Board Director Answers Your Questions...

Dr. Harry Bricklin is Director of Rotation Center's Professional Advisory Board. His responsibilities are to evaluate the plan and develop recommendations.

About 5 years ago Dr. Bricklin weighed over 220 pounds. He's 5'8" tall. He lost [illegible] pounds with an earlier version of the Rotation Diet and has maintained his desired weight of 145 pounds for 12 years with the current plan.

Currently Dr. Bricklin is an associate professor of psychology at Hahnemann Medical College in Philadelphia. Previously he's served Jefferson Medical Hospital, Walter Reed Army Hospital, E.I. DuPont Company, New York Academy of Medicine and the Columbia Broadcasting System (CBS).

Q: Does the Rotation Diet really work? Do people lose weight on it? A: [illegible] Q: Is the Rotation Diet medically safe? A: [illegible] Q: What are Rotation Chewable Tablets? A: [illegible] Q: How much weight can I lose? A: [illegible] Q: Can I buy Rotation Chewable Tablets at my drug store? A: [illegible]

Prompt Confidential Service Orders are processed the day they are received! We know that when you decide to go on a diet you want to start NOW. With this in mind, we are [illegible] to process all new orders the same day they are received. We ship by [illegible] which means that usually you receive your materials in 4 to 7 days.

We invite you to visit us if you pass our way. We'd love to meet you in person and hear about your success with the Rotation Diet. Come see us soon...

National Headquarters • Rotation Plaza • Furlong, Pennsylvania 18925 • 215-794-1291 • 215-794-8001 • 7 days a week • 9:00 a.m. to 10:00 p.m. EST

Why wait any longer? ORDER TODAY! Get the diet you can truly live with!

BUCKINGHAM PRODUCTIONS, INC., ET AL. 73

37 Amended Complaint

It's Easy To Get The Diet You Can Live With . . .

Here's How:

complete this brief order form.

2. Don't forget to fill in the credit card information and sign if you are charging your order Mail your order form along with your payment if paying by check or money order in the handy postage paid envelope enclosed.

CREDIT CARD USERS:

Get extra fast service by phoning in your order. Call (215) 794-3293 or (215) 794-8881 7 days a week 9:00 a.m. - 9:00 p.m. EST.

ADDITIONAL ORDER BLANKS ON REVERSE FOR YOUR FRIENDS

DON'T WAIT...

ACT TODAY TO GET THE DIET YOU CAN LIVE WITH! orders processed within 24 hours.!

The Real Rotation Diet "NO FRILLS" Plan National Headquarters • Rotation Plaza • Furlong, Pennsylvania 18925

☐ YES! I want to begin the NO FRILLS Rotation Diet Plan right away Please send the following ☐ NO FRILLS Rotation Diet—2 Week Introductory Supply $19.98 + $3.95 for postage & handling................ TOTAL $23.93 ☐ NO FRILLS Rotation Diet—4 Week Supply $39.95 Rotation Center pays postage & handling................ TOTAL $39.95

OM7021000

Andrea Sacks 2727 29th St Nw Apt 311 Washington,, DC 20008

PLEASE CHANGE ANY INCORRECT INFORMATION USE STREET & APARTMENT ADDRESS — UPS CANNOT DELIVER TO PO BOXES

Please Check One: (no C.O.D.) ☐ Money Order ☐ Check Payable to: ROTATION DIET OR ☐ MasterCard ☐ Visa ☐ American Express ☐ Diners Club Card # ________________________________________________ Expiration Date _________________________________________ Signature _____________________________________________ Date ________________ Phone # ( ) ______________________

Tell a friend about the "NO FRILLS" Rotation Diet Plan... If you have friends or relatives who would also like to get the diet they can live with, just have them use the forms below. Then mail all orders with appropriate payment in the enclosed postage paid reply envelope

NAME __________________________________________________ ADDRESS ______________________________________ APT __________ CITY ______________________________ STATE __________ ZIP __________ No PO boxes please UPS cannot deliver

☐ YES! I want to begin the NO FRILLS Rotation Diet Plan right away Please send the following ☐ NO FRILLS Rotation Diet—2 Week Introductory Supply $19.98 + $3.95 for postage & handling TOTAL $23.93 ☐ NO FRILLS Rotation Diet—4 Week Supply $39.95 Rotation Center pays postage & handling TOTAL $39.95

PLEASE CHECK ONE: (no C.O.D.) ☐ Money Order ☐ Check Payable to ROTATION DIET OR ☐ MasterCard ☐ Visa ☐ American Express ☐ Diners Club Card # ________________________________ Expiration Date ________________ Signature ______________________________ Date __________ Phone # __________

NAME __________________________________________________ ADDRESS ______________________________________ APT __________ CITY ______________________________ STATE __________ ZIP __________ No PO boxes please UPS cannot deliver

YES! I want to begin the NO FRILLS Rotation Diet Plan right away Please send the following ☐ NO FRILLS Rotation Diet—2 Week Introductory Supply $19.98 + $3.95 for postage & handling... TOTAL $23.93 ☐ NO FRILLS Rotation Diet—4 Week Supply $39.95 Rotation Center pays postage & handling.... TOTAL $39.95

PLEASE CHECK ONE: (no C.O.D.) ☐ Money Order ☐ Check Payable to: ROTATION DIET OR ☐ MasterCard ☐ Visa ☐ American Express ☐ Diners Club Card # ________________________________ Expiration Date ________ Signature ______________________________ Date __________ Phone # ( ) __________

NF103-02

Amended Complaint EXHIBIT J

Thr Rotation Diet Can Actually Save You Mc Money Than It Costs!

That's right! With the Rotation Diet you'll save e than you spend on this diet. If you're like st people, you'll cut about 40% off your food bill ause you'll cut down on expensive foods during ir 3 Balance Days each week. And that will re than cover the cost for the Rotation Diet. Plus, there are never any expensive office visits consultations. Our TOLL FREE HOTLINE also

- assures that you won't even have any phone bills because we guarantee you unlimited use of this service. It's included in your low weekly cost.

So what do you have to lose besides a lot of pounds? Call us today or use the easy order blank on page 13 to start your Rotation Diet. Remember, losers are winners with Rotation Diet!

"Everyone has one problem or another during weight loss, but on this diet, you get the answers and all the help you need."

C.T., Toronto, Canada

"I love the true freedom of being able to eat whatever I want every TUESDAY, THURSDAY, SATURDAY AND SUNDAY!"

B.L., Harrisburg, PA

ose Weight. Feel Great and Improve Your Health... ne Rotation Plan is truly a diet you can live with!

eat anything you want and as much as you want 4 da [illegible] week — no limitations, no guilt

diet [illegible]y 3 days each week

no special foods to buy

no drugs, no medicines — just natural ingredients

no weighing out portions, no counting calories

• enjoy better health and longer life

• experience weight loss without dizziness or fatigue

• save up to 40% on your current food bills

• reach your goal then keep it off with the Rotation Diet Maintenance Plan

• enjoy unlimited help and support from your Rotation Center Phonefriends

This is a personalized diet, it isn't the same for everybody. A special Rotation Center Diet Counselor will analyze your needs and set up your diet accordingly

And remember, with the Rotation Diet you are never more than 24 hours away from the best meal of your life!

FOR EASY ORDERING CALL TOLL FREE 800-523-5763

Your new Phonefriends are waiting to help you in any way they can.

THUR FRI SAT SUN MON TUES [illegible]

"I've lost over 70 pounds while eating all the ice cream that I want 4 days every week. THIS IS THE MOST SUCCESSFUL DIET EVER!"

P.M., Philadelphia, PA

"I've been on maintenance for 6 months and it's working great! I now have only ONE diet day each week."

E.E., Los Angeles, CA.

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

[illegible]

CALL FOR MORE INFORMATION TOLL FREE (800) 523-6262 In Penna. (215) 794-3278 Seven days a week from 9 A.M. to 11 P.M. (Eastern time) there is a Phonefriend ready to answer your questions or take your order. Why not call now!

A FRIEND CAN USE THE COUPON BELOW TO ORDER AN INFORMATION PACKET LIKE THE ONE YOU RECEIVED

Yes, I'm interested in finding out more about a diet that lets me eat whatever I want every TUESDAY, THURSDAY, SATURDAY and SUNDAY. Please send me the Rotation Diet Information Packet. I understand that the Packet is FREE and that there is absolutely no obligation!

Name__________________________________________________________________

Street address________________________________________________ Apt. ____________

City________________________________________ State__________ Zip ____________

Telephone (optional) (___) __________________________________________________ area code

Please fill out this FREE request form and mail it in an envelope to:

ROTATION DIET CENTER Furlong, PA 18925 or call:

Toll Free (800) 523-6262 In Penna. (215) 794-3278

ROTATION REP NUMBER

Amended Complaint 110 F.T.C.

EXHIBIT K

JUDY RUTHRAUFF PRESIDENT ROTATION-FREEDOM DIET

"Four years ago I lost 23 lbs on this diet while eating whatever I wanted 4 days every week. More amazing! I've stayed at my right weight for 4 years and I eat whatever I want 6 days a week! I enjoy the freedom - and knowing that I'm in control of my life. I also enjoy the way I look -- I'm not a movie star but I'm the best I can be. Our files are filled with 1000's of people who have made this diet a part of their lives and are enjoying themselves just as I do. Join us! This diet has changed my life so dramatically that it thrills me to be able to offer you the chance of doing the same. To make it easier I'm establishing a special introductory price of $9.95 (plus P&H) for a full 2 weeks of the Rotation-Freedom Diet. Join me!"

Judy

Here's how the diet works:

[illegible]

INTRODUCTORY 2 WEEKS OF THE ROTATION FREEDOM DIET $9.95 OFFER VALID FOR NEW MEMBERS ONLY SPECIAL

BUCKINGHAM PRODUCTIONS, INC., ET AL. 77 37 Amended Complaint

EXHIBIT L

DIET GRAM

FREE GIFTS PLUS SPECIAL PRICE ... BUT YOU MUST ACT NOW!

Rotation-Freedom ... the diet people ANNOUNCE the breakthrough diet of the future! FREEDOM Plus! Food Freedom plus Quick Weight Loss

Just like Rotation-Freedom, you will enjoy 4 ABSOLUTELY FREE EATING DAYS every week BUT NOW LOSE UP TO 3 TIMES AS FAST!! Every Tuesday, Thursday, Saturday, and Sunday enjoy your ice cream, French Fries, cake and cookies — whatever you want, and as much as you want WHILE YOU LOSE 10, 20, 40, 60, or more POUNDS FAST!

All FREEDOM Plus! dieters are automatically eligible for $500 weight loss prizes! You will receive complete information with your supplies.

Monday, Wednesday, and Friday you'll enjoy the all-natural FREEDOM Plus! Chewable Tablets and eat real foods as outlined in your instructions. It's pretty easy getting through the Diet Day when you know that tomorrow you can eat whatever you want!

We've added Q-L 2001 to the Free Day. Q-L 2001 can be used as a delicious soup or as a dip with crackers or vegetables. ITS SPECIAL ALL-NATURAL INGREDIENTS HELP THE FREE DAY FOOD MOVE RIGHT OUT OF YOUR BODY. Within 3 days you'll see the change IN YOUR CLOTHES AND ON YOUR SCALE as this dramatic new weight loss plan DOES ITS JOB!

Amended Complaint

OVER 100,000 DIETERS WORLDWIDE HAVE ENJOYED THE "DIET THAT LETS YOU EAT WHAT YOU WANT 4 DAYS EVERY WEEK!" ROTATION-FREEDOM...the DIET PEOPLE Proudly Announce

The Breakthrough Diet of the Century FREEDOM PLUS! FOOD FREEDOM PLUS QUICK WEIGHT LOSS

Here's How The FREEDOM PLUS DIET Works:

Free Days... it really is fabulous because on Tuesdays, Thursdays, Saturdays and Sundays you eat and drink anything you want. As much as you want. And still lose weight. It's truly a diet you can live with.

Eat Anything You Want... eat spaghetti, ravioli, pizza. Breads; potatoes. And desserts: chocolate mousse, and fudge cake. Gooey banana splits. Pecan pie (with ice cream if you want). Eat all your favorites. Seconds if you want.

It's Fantastic... imagine: eat anything you want 4 days every week and still lose weight. Tuesdays, Thursdays, Saturdays and Sundays are your Free Days.

YOU ARE NEVER MORE THAN ONE DAY AWAY FROM YOUR NEXT EXCITING MEAL.

QL 2001!

On your Free Days you will sip 3 cups of QL-2001: a delicious soup that comes in chicken, onion and beef flavors. The special all-natural fiber in the soup helps to move the free day food right out of your body!

Diet Days... on just 3 days (Mondays, Wednesdays and Fridays) you follow the simple Freedom Plus Weight Loss Program. On Diet Days, you eat tasty Freedom Plus Chewable Tablets along with as much water, tea, coffee or diet soda that you want.

There Are Even Real Foods allowed on Diet Days (listed in your Instruction Booklet). The Freedom Plus Chewable Tablets are one of the keys to your weight-loss

success. They are specially formulated, food supplement tablets, manufactured only for the Freedom Plus Center. They contain no medicine or drugs yet help to make your Diet Days easier. They are only available for members of this weight-loss plan.

Great News... You Can Switch Diet Days. Wow, that is great news... Special Occasions. Holidays, and weektime parties take precedence. Your friends won't even know you're on a diet. (The "Switching Plan" is in the Freedom Plus Instruction Booklet).

A Way To Maintain Weight Loss Too... the Freedom Plus Diet has a built-in weight maintenance plan. Once you have reached your goal you reduce your Diet Days to "2," then as your system adjusts to your new weight your Diet Day Number is "1". You can then adjust any weight changes by adding and subtracting diet days as you need them. In other words, if you stick to the plan you should be able to stay at the weight you want for the rest of your life. Isn't that incredible!

Exciting Weight Loss the First Month. Rate of weight loss varies with different people, but the majority of women usually fit within a range of 8 to 20 pounds loss during the first month, men usually lose more.

| S Free Days | M Diet Days | T Free Days | W Diet Days | T Free Days | F Diet Days | S Free Days | | | 1 | 2 | 3 | 4 | 5 | 6 | | 7 | 8 | 9 | 10 | 11 | 12 | 13 | | 14 | 15 | 16 | 17 | 18 | 19 | 20 | | 21 | 22 | 23 | 24 | 25 | 26 | 27 | | 28 | 29 | 30 | 31 | | | |

BUCKINGHAM PRODUCTIONS, INC., ET AL. Amended Complaint

DOT and JUDY Answer Your Questions

Q How much weight can I really lose on the FREEDOM PLUS DIET PLAN?

Q Can I buy FREEDOM PLUS Wafers in the store?

Q What about vacations, parties and other times when I will be forced to eat what is served?

Q Should I consult my doctor before starting the FREEDOM PLUS Diet Plan?

Q How will this [illegible] in tain my weight loss?

Here's what dieters were telling us before QL-2001 Imagine what they'll be saying NOW!!!

"I'm very, very happy.

For the first time in my life I can be included in the 'before-after' file of a diet plan. I have sent you three more members."

She heard about the diet's success stories while working in our shipping department and decided to try it.

Janet needed a diet that let her eat anything she wanted while attending Dog Shows. Dieting on Mondays, Wednesdays and Fridays was perfect for her.

Read What Other Happy Dieters Say • [illegible] "I began at 193 lbs. A little less than three weeks later I am at 178 lbs. It feels terrific. I love the program." • [illegible] "your diet is the only one I've found that really works. I've lost 36 lbs. in 22 weeks. (13 lbs. the first month.)"

• [illegible] "She stopped smoking!" I went from 112 to 138 lbs. I'm now down to 118 and feel great. I would recommend the diet to anyone."

• Essie Mae: "This is one diet you can really live with and enjoy yourself while on it." (Dress size down from 18 to 14).

• John: "I weighed 250 pounds when I first started the diet...and am now down to 200 pounds...from a waist size of 48 to 42." • Bernie: "...a loss of 61 pounds in 4 months. My waist dropped from 39" to 32 1/2 inches."

AND IT CAN WORK FOR YOU TOO!

"I've lost 39 lbs. Your diet was fantastic. I have been on your maintenance program for over a year now and I am holding my weight right where I want it."

Full copies of the testimonial letters above are available from the Center. Weight loss is a personal matter and, therefore, it should not be concluded that the testimonials above, although exact quotes, are typical of the weight loss that any specific individual should expect.

Amended Complaint

FREE $14.95 WEIGHT-MATE PLUS LOWER PRICES IF YOU ORDER NOW! As Seen In . . . TV GUIDE Lose weight feel great!! ORDER FORM I'm ready for Diet Freedom with the FREEDOM Plus Diet! Please send me: One 2 week FREEDOM Plus Diet Kit including FREEDOM Plus Chewable Tablets, QL 2001, complete instructions, information on the free weight loss contest, and Diet Tips. $19.95 plus $2.00 postage & handling. TOTAL $21.95 $16.95 SAVE! One 4 week FREEDOM Plus Diet Kit including FREEDOM Plus Chewable Tablets, QL 2001, complete instructions, information on the free weight loss contest, and Diet Tips. $39.90 (we pay postage & handling). TOTAL $39.90 $29.90 SAVE! LOSE FASTER! Substitute one of our wonderful milkshakes for any meal on your Free Day. Contains the vitamins, minerals, and fiber that you need! We'll send Vanilla, Chocolate and Strawberry! SAVE! 8 Shakes — Add $7.95 (2 Week Plan) 16 Shakes — Add $14.95 (4 Week Plan) We pay postage & handling Name ________________________________ Address ________________________ Apt. ______ City ______________ State ______ Zip ________ (No P.O. Boxes please. UPS cannot deliver.) Please check one:

check money order (no C.O.D.'s) made payable to: FREEDOM Plus! VISA MasterCard AE Diners Club Card # ________________ Exp. Date __________ Signature ______________________ Phone #( ) ____________________ TOLL FREE Credit Card Orders Only:

Call (800) 433-3378, Ext. 300 In PA call (215) 794-5643, Ext. 300 9 AM to 9 PM Eastern Time 7 days a week FREEDOM Plus! ROTATION-FREEDOM CENTER, HEALTH PLAZA, FURLONG, PA 18925

BUCKINGHAM PRODUCTIONS, INC., ET AL. 81 37 Decision and Order

DECISION AND ORDER

The Commission having heretofore issued its complaint charging the respondents named in the caption hereof with violations of sections 5 and 12 of the Federal Trade Commission Act, as amended, and the respondents having been served with a copy of that complaint, together with a notice of contemplated relief; and The respondents, their attorney, 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 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 Secretary of the Commission having thereafter withdrawn this matter from adjudication in accordance with Section 3.25(c) of its Rules; and The Commission having considered the matter 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 conformity with the procedure prescribed in Section 3.25(f) of its Rules, the Commission hereby makes the following jurisdictional findings and enters the following order:

1. Respondent Buckingham Productions, Inc., trading and doing business as Rotation Diet Center, is a Pennsylvania corporation with its principal office and place of business at 73 Valley Drive in Furlong, Pennsylvania. Respondent Furlong-Elliot Corp. is a Pennsylvania corporation with its principal office and place of business at 73 Valley Drive in Furlong, Pennsylvania. Respondent Freedom Center, Inc. is a Pennsylvania corporation with its principal office and place of business at 73 Valley Drive in Furlong, Pennsylvania. Respondent Plaza Business Services, Inc. is a Pennsylvania corporation with its principal office and place of business at 73 Valley Drive in Furlong, Pennsylvania. Respondent N.F. Rotation, Inc. is a Pennsylvania corporation with its principal office and place of business at 73 Valley Drive in Furlong, Pennsylvania. Respondent Rotation-Freedom Diet, Inc. is a Pennsylvania corporation with its principal office and place of business at 73 Valley Drive in Furlong, Pennsylvania.

Decision and Order 110 F.T.C.

Respondent Health and Diet Corp., Inc. is a Pennsylvania corporation with its principal office and place of business at 73 Valley Drive in Furlong, Pennsylvania.

Respondent Howard Elliot is an officer of the corporate respondents. He formulates, directs and controls the acts and practices of the corporate respondents, and his address is the same as the corporate respondents.

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

ORDER

I.

It is ordered, That respondents Buckingham Productions, Inc., also trading and doing business as Rotation Diet Center, Furlong-Elliot Corp., Freedom Center, Inc., Plaza Business Services, Inc., N.F. Rotation, Inc., and Rotation-Freedom Diet, Inc., and Health and Diet Corp., Inc., corporations, their successors and assigns, and their officers, and Howard Elliot, individually and as an officer of the corporations; and respondents' agents, representatives, and employees, directly or through any corporation, subsidiary, division, distributorship or other device, in connection with the advertising, offering for sale, sale or distribution of any weight reduction or weight control product, program, or service, in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

(A) Representing, directly or by implication, that:

(1) Any consumer can eat any quantity of food and still lose weight or maintain that weight loss, without an accompanying and proximate, clear and prominent disclosure that the consumer's weight loss or ability to maintain that weight loss depends on a reduction in caloric intake in the short term and an overall reduction in caloric intake over the long term.

(2) Thousands of consumers, or any number of consumers, have lost or maintained a specified amount of weight loss, or range of weight loss, unless such is the case.

(3) Any such product, either alone or in conjunction with any weight reduction or weight control program or service, will stop hunger or otherwise function as an appetite suppressant, or will eliminate or prevent fatigue, unless such is the case. (4) Any such product, either alone or in conjunction with any weight

BUCKINGHAM PRODUCTIONS, INC., ET AL. 83

37 Decision and Order

reduction or weight control program or service, will help keep food from turning to fat, unless such is the case. (B) Representing, directly or by implication, that any person has endorsed any such product, program or service, unless that person has committed that endorsement in writing and has authorized, in writing, its use in promotional or advertising materials, and unless respondents have good reason to believe that at the time of their representation that person continues to subscribe to the views presented. (C) Failing to disclose any material connection, where one exists, between an endorser (except for a celebrity endorser) of any such product, program or service and any respondent; provided, however, that a "material connection" shall mean, for purposes of this order, any relationship between an endorser of any such product, program or service, and any entity marketing such product, program or service which relationship would not reasonably be expected by consumers and, if known by consumers, might materially affect the weight or credibility given to the endorsement. (D) Representing, directly or by implication, the usual or average weight loss, or range of weight loss, obtained or obtainable from any such weight reduction or weight control product, program or service, unless at the time of making such representation respondents possess and rely upon competent and reliable survey or other scientific evidence that substantiates the representation. (E) Making any representation, directly or by implication, regarding the efficacy, safety, or performance of any weight reduction or weight control product, program or service, the content or mode of action of any weight reduction or weight control product, program or service, or the monetary savings that may or will result from the purchase or use of such product, program or service, unless at the time of making such representation respondents possess and rely upon competent and reliable survey of other scientific evidence that substantiates the representation. For purposes of Part I of this order, "competent and reliable" evidence shall mean tests, analyses, research, studies, surveys, or other evidence, conducted and evaluated by qualified persons in an objective manner and using generally accepted procedures.

II.

It is further ordered, That for three years from the date that the representations to which they pertain are last disseminated, respondent corporations, their successors and assigns, and their officers, and the individually named respondent, and respondents' agents, repre-

Decision and Order 110 F.T.C.

sentatives and employees shall maintain and upon request make available to the Federal Trade Commission for inspection and copying:

1. All materials that were relied upon to substantiate any such representation.

2. All test reports, studies, surveys, or other materials in their possession or control that contradict, qualify, or call into question such representation.

III.

It is further ordered, That respondents shall notify the Commission at least thirty (30) days prior to the effective date of any proposed change in respondents such as dissolution, assignment, or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries, or any other change in the corporation(s) which may affect compliance obligations arising out of the order. IV.

It is further ordered, That respondents and their successors or assigns, shall forthwith distribute a copy of this order to each of their operating divisions, to all officers, agents or representatives who are engaged in the preparation and placement of advertisements or promotional materials, to all employees who communicate with customers or potential customers as part of their employment responsibilities, and to all distributors of products manufactured or marketed by respondents.

V.

It is further ordered, That the individual respondent named herein shall promptly notify the Commission of the discontinuance of his present business or employment and of his affiliation with a new business or employment and that, for a period of 10 years from the date of service of this order, the individual respondent named herein shall promptly notify the Commission of each affiliation with a new business or employment whose activities include the advertising, endorsing, promotion, offering for sale, sale, or distribution of any weight reduction or weight control product, program, or service, and of his affiliation with a new business or employment in which his own duties and responsibilities involve the advertising, endorsing, promotion, offering for sale, sale, or distribution of any weight reduction or

BUCKINGHAM PRODUCTIONS, INC., ET AL. 85 37 Decision and Order

weight control product, program or service, with each such notice to include the respondent's new business address and a statement of the nature of the business or employment in which the respondent is newly engaged as well as a description of respondent's duties and responsibilities in connection with the business or employment.

VI.

It is further ordered, That respondents and their successors or assigns, shall, within sixty (60) days after service of this order, and also one (1) year thereafter, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with this order. Commissioner Bailey was recorded as voting in the negative.

Complaint 110 F.T.C.

IN THE MATTER OF

PURITAN-BENNETT AERO SYSTEMS COMPANY

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket C-3217. Complaint, Aug. 25, 1987—Decision, Aug. 25, 1987

This consent order prohibits, among other things, an El Segundo, California seller of fire and smoke protection masks from making deceptive advertising claims that any emergency escape mask or hood can absorb, remove or filter out any hazardous gas associated with fire, or that any mask or hood can protect users from any fire hazards, unless the claim is substantiated and supported by a scientific test. Respondent is required to retain for three years all test reports or materials it uses as substantiation for claims and is also required to make specified disclosures on its packaging and in advertisements.

Appearances

For the Commission: Joel Winston and Susan Cohn.

For the respondents: Daniel C. Weary and Robin Foser, Blackwell, Sanders, Matheny, Weary, & Lombardi, Kansas City, Mo.

COMPLAINT

The Federal Trade Commission, having reason to believe that Puritan-Bennett Aero Systems Company, a corporation ("respondent"), has 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 1. Respondent Puritan-Bennett Aero Systems Company is a California corporation with its office and principal place of business at 111 Penn Avenue, El Segundo, California. It is a whollyowned subsidiary of Puritan-Bennett Corporation.

PAR. 2. Puritan-Bennett Aero Systems has been engaged in the advertising, marketing, distribution and sale to the public of the Escape Fire and Smoke Hood ("Escape Hood" or "Hood").

PAR. 3. The acts and practices of Puritan-Bennett Aero Systems alleged in this complaint have been in or affecting commerce.

PAR. 4. Typical of Puritan-Bennett Aero Systems' advertising and promotional material for the Escape Hood, but not necessarily all inclusive thereof, is the attached Exhibit A. The aforesaid material contains the following statements: