Diet Center, Inc

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

IN THE MATTER OF DIET CENTER, INC.

CONSENT ORDER, ETC., INREGARD TO ALLEGED VIOLATION OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3475. Complaint, Dec. 22, 1993--Decision, Dec. 22, 1993 This consent order prohibits, among other things, a Pennsylvania diet program company from misrepresenting the performance or safety of any weight-loss program it offers in the future; requires it to have competent and reliable scientific evidence to back up future claims it makes about weight loss and maintenance; requires it to include in conjunction with maintenance success claims, the statement “For many dieters, weight loss is temporary”; and requires it to disclose to its customers that failure to eat all of the food recommended in the program may put their health at risk. Appearances For the Commission: Kathryn C. Nielsen and Richard Kelly. For the respondent: Christopher Smith and Lewis Rose, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C. COMPLAINT The Federal Trade Commission having reason to believe that Diet Center, Inc., a corporation (“Diet Center’ or “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 Diet Center, Inc., is an Idaho corporation with its principal office or place of business at 921 Penn Avenue, Pittsburgh, Pennsylvania.

PAR. 2. Respondent has advertised, offered for sale, and sold weight loss and weight maintenance services and products, including 950 to 1200 calorie-a-day weight loss programs, and Complaint 116 F.T.C.

makes them available to consumers at its numerous franchised “Diet Center” outlets nationwide. These products include “food” within the meaning of Sections 12 and 15 of the Federal Trade Commission Act. .

PAR. 3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act. PAR. 4. Respondent has disseminated or has caused to be disseminated advertisements for the Diet Center Program, including but not necessarily limited to the attached Exhibits A through J. PAR. 5. The advertisements referred to in paragraph four, including but not necessarily limited to the attached Exhibits A through E, contain the following statements: a) “Temporary weight loss is usually followed by weight gain. The only effective weight-loss program is one that produces a safe and permanent result. The Diet Center Program provides the perfect solution.” (Exhibit A) b) “The Diet Center Program is much more than just a diet. It is truly the last weight-control program an individual will ever need.” (Exhibit B) c) “Peggy Duman lost 53 pounds and has kept it off for six years.” (Exhibit C) d) ‘Diet Center has worked for millions. It’s one of the most successful weight loss programs in the world.” (Exhibit D) e) “Your own success will motivate you all the way to your ideal weight.” (Exhibit E) PAR. 6. Through the use of the statements contained in the advertisements referred to in paragraph five, including but not necessarily limited to the statements in the advertisements attached as Exhibits A through E, respondent has represented, directly or by implication, that:

a) Diet Center customers typically are successful in reaching their weight loss goals and maintaining their weight loss either long-term or permanently.

b) Diet Center customers typically are successful in maintaining their weight loss achieved under the Diet Center Program; and DIET CENTER, INC. 1455 1453 Complaint c) Diet Center customers typically are successful in reaching their weight loss goals.

PAR. 7. Through the use of the statements contained in the advertisements referred to in paragraph five, including but not necessarily limited to the statements in the advertisements attached as Exhibits A through E, respondent has represented, directly or by implication, that at the time it made the representations set forth in paragraph six, respondent possessed and relied upon a reasonable basis that substantiated such representations. PAR. 8. In truth and in fact, at the time it made the representations set forth in paragraph six, respondent did not possess and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in paragraph seven was, and is, false and misleading.

PAR. 9. The advertisements referred to in paragraph four, including but not necessarily limited to the attached Exhibits A and F through I, contain the following statements: a) “Average female dieters lose 10 pounds in two weeks and 17 to 25 pounds in just six weeks. This rate of weight loss can be safely continued indefinitely.” (Exhibit A) b) “What is Diet Center? An individually supervised weight loss program where you eat foods you buy at a supermarket and yet lose 3 to 7 Ibs. per week.” (Exhibit F) c) “Candy Capek took off 143 pounds in 30 weeks.” (Exhibit G) d) “Kris McKenzie Clarke can’t believe she lost 28 pounds in just 5 weeks.” (Exhibit H) e) “‘T lost 55 pounds in two-months at Diet Center. I was never hungry - I actually ate more than usual while I was losing weight.’ Bryan Clarke.” (Exhibit 1) PAR. 10. Through the use of the statements contained in the advertisements referred to in paragraph nine, including but not necessarily limited to the statements in the advertisements attached as Exhibits A and F through I, respondent has represented, directly or by implication, that:

Complaint 16 F.T.C.

a) The average rate of weight loss for female participants in the Diet Center Program is ten pounds in two weeks; and b) Consumers following the Diet Center Program typically lose weight at a rate of three to seven pounds per week. PAR. 11. Through the use of the statements contained in the advertisements referred to in paragraph nine, including but not necessarily limited to the statements in the advertisements attached as Exhibits A and F through I, respondent has represented, directly or by implication, that at the time it made the representations set forth in paragraph ten, respondent possessed and relied upon a reasonable basis that substantiated such representations. PAR. 12. In truth and in fact, at the time it made the representations set forth in paragraph ten, respondent did not possess and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in paragraph eleven was, and is, false and misleading.

PAR. 13. In the course and conduct of its business, respondent provides its customers with diet protocols that require these customers, inter alia, to come in to a Diet Center franchise regularly for monitoring of their progress, including weighing in. In the course of regularly ascertaining weight loss progress, Diet Center franchises, in some instances, are presented with weight loss results indicating that customers may not be adhering to their diet protocol in that they fail to eat all of the food prescribed by their diet protocol. As a result, some customers may be losing weight at a rate faster than called for under the diet protocol, which, if it continued, may, under certain circumstances, impact their health. PAR. 14. When presented with the weight loss results described in paragraph thirteen, Diet Center franchises, in some instances, have not disclosed to customers that failure to adhere to the diet protocol by not eating all of the food prescribed by their diet protocol and losing weight at a rate faster than called for under the diet protocol may, if it continued, under certain circumstances, impact their health. This fact would be material to such customers in their food consumption decisions while on respondent’s pro- DIET CENTER, INC. 1457 1453 Complaint gram. In light of respondent’s practice of requiring Diet Center franchises to monitor customers on the program, said failure to disclose was, and is, a deceptive practice. PAR. 15. The advertisements referred to in paragraph four, including but not necessarily limited to the attached Exhibit I, contain the following statement:

“Lose fat, not muscle.” (Exhibit I) PAR. 16. Through the use of the statement contained in the advertisements referred to in paragraph fifteen, including but not necessarily limited to the statement in the advertisement attached as Exhibit I, respondent has represented, directly or by implication, that consumers who follow the Diet Center Program lose only fat and no muscle.

PAR. 17. In truth and in fact, consumers who follow the Diet Center Program do not lose only fat and no muscle. Therefore, the representation set forth in paragraph sixteen was, and is, false and misleading.

PAR. 18. The advertisements referred to in paragraph four, including but not necessarily limited to the attached Exhibit J, contain the following statement:

“Lose fat, not muscle. Research shows 92% of the weight lost on the Diet Center program is excess fat, not water or lean body mass.” (Exhibit J) PAR. 19. Through the use of the statement contained in the advertisements referred to in paragraph eighteen, including but not necessarily limited to the statement in the advertisement attached as Exhibit J, respondent has represented, directly or by implication, that competent and reliable evidence shows that 92% of weight lost on the Diet Center Program is fat, not water or lean body mass. PAR. 20. In truth and in fact, competent and reliable evidence does not show that 92% of weight lost on the Diet Center Program is fat, not water or lean body mass. Therefore, the representation set forth in paragraph nineteen was, and is, false and misleading. Complaint H16F.T.C.

PAR. 21. In providing advertisements and promotional materials referred to in paragraph four to its individual franchised stores for the purpose of inducing consumers to purchase its weight loss services and products, respondent has furnished the means and instrumentalities to those stores to engage in the acts and practices alleged in paragraphs four through twenty. PAR. 22. The acts and practices of respondent as alleged in this complaint constitute deceptive acts or practices in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act.

DIET CENTER, INC. 1459 1453 Complaint EXHIBIT A Complaint EXHIBIT A a ad The Diet Center Program The conditions of overweight and obesity have detrimental physical, psychological and social effects. Fad" dieting, often perceived as an easy soiution, simply aggravates these problems. Temporary weight loss is usually followed by weight gain. The only effective weight-loss program is one that produces a safe and permanent result.

The Diet Center Program provides the perfect solution. Combining the principles of sound nutrition, the motivation of private, daily counseling and the effects of long-termr behavior modification into a five-phase program, Diet Center offers the most complete approach to weight management available today.

Losing weight is only part of the emphasis at Diet Center. Dieters learn to look beyond their immediate goal, weight reduction, toa permanent long-term objective, lifelong weight maintenance. Each dieter ts individually guided through all five phases by a professionally trained Diet Center counselor. DIET CENTER, INC. 1461 Complaint EXHIBIT A ‘Nerkina With | ihe Medicai community suitors are Ivticatly nat Tedicd! Guclars: INC What ts More rm portant, sev gu Nol fre Sta Ae “Y CUNcenirale On maintaining a cicse working refahansnin with Jieters’ phvsicians and reiv on tneir recommendations rots (his reiationsnin eect makes Diet Center unigur. With involvement irom the dieter s rersona! physician, counselors CIN audiust the provram to meet cleters incividuai meaith neeus.

ret Cs Diet Cenier oifers the overweight or obese | individual rapid, vet sale and permanent weight loss. Average jemaie dieters jose 10 | pounds in two weexs and 17 !6 23 pounds in ‘ rust six weexs. This rate of weight loss can be i safely continuea incefiniteiy. slaie deters can | :0S€ up (0 one pound Der day. Diet Center i surveys show that ali dieters expenence an | inch-loss toverail body measurement) of one inch per pound lost. Documented case histones demonstrate additional health benefits sucn as reductions in serum cholesterol. triglycendes and blood pressure levels, and also improvements in diabetics. Complaint EXHIBIT B Overview introduction ince its inception in 1971, the Diet Center Program has helped over four million men, women and children to lose weight; and more important, they have learned how to keep it off. As a resuit of this phenomenai success, Diet Center has grown to over 2300 locations across the United Srates and Canada.

The Diet Center Program is both sate and effective. Consisting of five pnases, it combines the principies of sound nutrition, the motivauion of private, cally counseiing, and che effects of long-term behavior modification.

The Diet Center Program is much more than just a diet. Ir is truly the last weight-contro! program an individual will ever need.

Safe Weight Loss When dieters rake full advantage of the Diet Center Program, they lose an average of 17 to 25 pounds in just six weeks. This rare of weight loss can be continued safely until ideal weight is reached cate additional health benefits beyond those of weighr joss. High se:um cholesterol, serum triglyceride and blood pressure levels have been lowered. And among ciabetic dieters, insulin neeas have been reduces or eliminated.

Private, Dally Counseling The Diet Center counseior’s primary roie is to offer support and encouragement to dieters while guiding tnem through a structured, nurnitionally balanced weight-loss program. During the Reducing Phase, counselors meet with dieters privateiy as often as six days per week.

During these consultations, dieters are weighed, losses are charted, the previous days progress is reviewed, and individual goals are established.

Diet Center counselors never diagnose health conditions or prescribe treatment. Should any quesions arise concerning dieters’ health, Diet Cencer counselors refer them immediately to the dieters’ personal physicians.

Physician invotvement Diet Center counselors work closety which each dieter's personal physician. If a dieter needs to lose 50 pounds or more, or if there are any preexisting health conditions, a doctor's approval is required before the Program can be started. At each 40-pound weight-loss interval, the’ doctor's permission is required before the Program can be continued.

DIET CENTER, INC. 1463 1453 Complaint EXHIBIT B Overview A recent evaluation study of the Diet Center Program shows the dramatic effects the Reducing Program has on decreasing several health risks associated with obesity. In just eighr weeks, 15 dieters not only lost body far, bur they also saw overall health improvements when they participated in a study conducted by the Utah Valley Regional Medical Center.

Body Weight: j Heaith Indicators Blood Pressure Down 1% HO No Sapicant Change A copy of the complete study report may be obtained from your local Diet Center. Complaint H6F.T.C.

EXHIBIT C Get serious.

Call Diet Center BB Get fast results. Lose 10 pounds in 2 weeks, up to 25 pounds in just 6 weeks BA cliet breakthrough, Rescaich shows 92% of weight lost at Diet Center is far, not walter oF tintin le. Bi store choices.

Unlike other dicts, pachayed foods are fot required Dich | water he Noodle a) The woybidia profriames* Name & location Name & location Name & location Harne & logaden Hane & location go here gohere go here go here go here DIET CENTER, INC. 1465 1453 Complaint EXHIBIT D ‘Tl never be tat again’ Learn how vou can lose weight—and | keep itoll— Wirt prepackaged foods, .

gummicks or contracts.

Diet Center has worked for millions. It's one of the largest, most successiul weignt loss programs in che world.

“Dutt Ceuuer cnenged the way | tnmn about food. | ost 28 Dounas in hve weers, cor [7 MOD On jorever Kris McKenzie Y MOUR SPECIAL OFFER HERE) Diet Center’ The wenbt-loss professionals? Fite Dee Cromer tine IL bee ate eter bes ede ree Miele renteeteteed (5S ES ES Se) ee es es ee Be ee ee Complaint EXHIBIT E “AT DIET CENTER Unlike some of the other weight-loss programs. research shows that 92 percent of the weight lost on the Diet Center Program is from excess fat... not water or lean body mass. You'll lose pounds: and inches right where you want to! *LOSE FAT, NOT MUSCLE Bo | ; ; f —-EATREAL FOOD -SIGN NO CONTRACTS | You won't be obligated by contract to stick worth the Diet Center Program: you'll want to because it works! Your own success will motivate you ail the way to your ideai weight aT — H6F.T.C.

Call today for a free introductory consultation! NOW THRU JANUARY 31st Dieté€ SS R | 50%. Center PROGRAM REGISTRATION FEES The uvight-loss professionals. Exhibit DIET CENTER, INC.

Complaint EXHIBIT F Ulfia tot 34 fog in tay 9 Weeks. On prszrein WHAT IS DIET CENTER? An individually supervised weight loss program where you eat foods you buy at supermarket and yet lose from 3 to 7 ibs. per week, For5 1 15 1 1 2 961 1171 89 32 96.252022 years5 1 15 1 1 3 1061 1176 50 33 96.965675 my5 1 15 1 1 4 1120 1171 130 44 96.908783 thinking5 1 15 1 1 5 1262 1183 63 27 96.676788 was5 1 15 1 1 6 1336 1180 159 35 94.288208 restricted5 1 15 1 1 7 1505 1186 28 31 94.288208 to5 1 15 1 1 8 1545 1185 101 44 96.638428 losing4 1 15 1 2 0 883 1205 763 59 -1 5 1 15 1 2 1 883 1205 115 42 96.330383 weight.5 1 15 1 2 2 1014 1209 8 31 94.749352 |5 1 15 1 2 3 1031 1219 94 26 94.749352 never5 1 15 1 2 4 1135 1217 82 31 96.226448 used5 1 15 1 2 5 1226 1221 29 30 96.533539 to5 1 15 1 2 6 1266 1220 79 34 96.533539 thinks 1 15 1 2 7 1354 1223 96 35 96.540199 about5 1 15 1 2 8 1459 1228 49 32 96.917091 thes 1 15 1 2 9 1519 1228 127 36 96.832291 hardest4 1 15 1 3 0 879 1252 767 56 -1 5 1 15 1 3 1 879 1252 66 35 93.021675 parts 1 15 1 3 2 959 1269 36 4 90.306595 —5 1 15 1 3 3 1012 1253 134 45 32.860870 keeping5 1 15 1 3 4 1163 1259 20 31 96.022911 if5 1 15 1 3 5 1195 1261 46 33 94.120064 off.5 1 15 1 3 6 1264 1263 99 34 96.941360 Thanks 1 15 1 3 7 1375 1275 61 33 96.941818 you5 1 15 1 3 8 1451 1270 67 34 96.498344 Diets 1 15 1 3 9 1533 1272 113 36 96.253403 Center4 1 15 1 4 0 880 1292 764 76 -1 5 1 15 1 4 1 880 1292 44 32 96.482750 for5 1 15 1 4 2 934 1297 144 42 96.482750 teaching5 1 15 1 4 3 1089 1308 51 26 96.965332 me5 1 15 1 4 4 1152 1311 69 24 96.965332 news 1 15 1 4 5 1231 1308 101 42 96.988052 eating5 1 15 1 4 6 1344 1307 106 61 95.250687 habits.5 1 15 1 4 7 1465 1315 8 30 50.337734 |5 1 15 1 4 8 1483 1316 78 33 80.606155 have5 1 15 1 4 9 1573 1326 71 24 95.989410 now4 1 15 1 5 0 879 1335 572 63 -1 5 1 15 1 5 1 879 1335 72 40 96.272026 kept5 1 15 1 5 2 960 1347 49 32 96.775551 my5 1 15 1 5 3 1020 1342 110 41 96.955566 weights 1 15 1 5 4 1139 1347 42 30 92.782188 offs 1 15 1 5 5 1190 1347 43 31 93.270950 for5 1 15 1 5 6 1243 1357 97 26 92.597404 overa5 1 15 1 5 7 1351 1352 100 46 24.918915 year,”4 1 15 1 6 0 872 1395 98 19 -1 5 1 15 1 6 1 872 1395 98 19 95.758972 BEFORE2 1 16 0 0 0 1467 1381 146 22 -1 3 1 16 1 0 0 1467 1381 146 22 -1 4 1 16 1 1 0 1467 1381 146 22 -1 5 1 16 1 1 1 1467 1381 45 17 53.539928 Lillis5 1 16 1 1 2 1518 1383 95 20 40.207447 Acimovi¢2 1 17 0 0 0 1022 1423 473 63 -1 3 1 17 1 0 0 1022 1423 453 62 -1 4 1 17 1 1 0 1101 1423 317 41 -1 5 1 17 1 1 1 1101 1423 72 23 95.962914 FREE5 1 17 1 1 2 1183 1424 235 40 96.425629 CONSULTATION,4 1 17 1 2 0 1022 1448 473 38 -1 5 1 17 1 2 1 1022 1448 43 22 96.168846 WE5 1 17 1 2 2 1075 1450 99 24 95.820190 QUOTES 1 17 1 2 3 1184 1455 86 22 95.694252 PRICES 1 17 1 2 4 1279 1458 40 21 94.904449 ON5 1 17 1 2 5 1329 1461 55 21 94.904449 THES 1 17 1 2 6 1394 1451 101 35 96.406509 PHONE2 1 18 0 0 0 810 1465 592 19 -1 3 1 18 1 0 0 810 1465 592 19 -1 4 1 18 1 1 0 810 1465 592 19 -1 5 1 18 1 1 1 810 1465 592 19 95.000000 2 1 19 0 0 0 614 1029 203 661 -1 3 1 19 1 0 0 614 1029 203 661 -1 4 1 19 1 1 0 614 1029 203 661 -1 5 1 19 1 1 1 614 1029 203 661 95.000000 2 1 20 0 0 0 817 1660 272 28 -1 3 1 20 1 0 0 817 1660 272 28 -1 4 1 20 1 1 0 817 1660 272 28 -1 5 1 20 1 1 1 817 1660 112 24 60.014549 845-88855 1 20 1 1 2 986 1666 103 22 93.418510 349-48362 1 21 0 0 0 928 1472 474 16 -1 3 1 21 1 0 0 928 1472 474 16 -1 4 1 21 1 1 0 928 1472 474 16 -1 5 1 21 1 1 1 928 1472 474 16 95.000000 2 1 22 0 0 0 1678 984 218 487 -1 3 1 22 1 0 0 1678 984 218 487 -1 4 1 22 1 1 0 1678 984 218 487 -1 5 1 22 1 1 1 1678 984 218 487 95.000000 2 1 23 0 0 0 1480 1419 214 42 -1 3 1 23 1 0 0 1480 1419 214 42 -1 4 1 23 1 1 0 1552 1419 76 20 -1 5 1 23 1 1 1 1552 1419 76 20 95.978271 AFTER4 1 23 1 2 0 1480 1441 214 20 -1 5 1 23 1 2 1 1480 1441 35 14 44.119663 Litho5 1 23 1 2 2 1522 1442 28 13 47.770428 Jost5 1 23 1 2 3 1555 1446 8 10 59.391331 a5 1 23 1 2 4 1570 1444 34 13 84.458221 totals 1 23 1 2 5 1609 1444 15 13 94.653679 of5 1 23 1 2 6 1630 1445 36 14 55.217384 $5445 1 23 1 2 7 1672 1446 22 15 55.217384 ibs.2 1 24 0 0 0 1402 1488 302 13 -1 3 1 24 1 0 0 1402 1488 302 13 -1 4 1 24 1 1 0 1402 1488 302 13 -1 5 1 24 1 1 1 1402 1488 302 13 95.000000 2 1 25 0 0 0 822 1507 692 74 -1 3 1 25 1 0 0 822 1507 692 68 -1 4 1 25 1 1 0 1507 1511 7 11 -1 5 1 25 1 1 1 1507 1511 7 11 73.828712 e4 1 25 1 2 0 822 1507 596 39 -1 5 1 25 1 2 1 822 1507 117 17 95.740181 LYNDHURST5 1 25 1 2 2 976 1513 66 30 17.580933 Rocky5 1 25 1 2 3 1045 1515 60 30 25.553581 Riven5 1 25 1 2 4 1156 1520 65 16 70.713943 MAPLE5 1 25 1 2 5 1228 1524 35 14 70.713943 HTS5 1 25 1 2 6 1348 1524 70 22 87.172935 EUCLID4 1 25 1 3 0 862 1521 539 37 -1 5 1 25 1 3 1 862 1521 32 28 31.902626 su!5 1 25 1 3 2 1137 1535 62 19 0.071648 Sewangare5 1 25 1 3 3 1204 1540 48 13 21.189682 Wedx5 1 25 1 3 4 1244 1531 6 31 17.801300 w5 1 25 1 3 5 1257 1541 27 17 55.064194 6535 1 25 1 3 6 1363 1542 38 14 47.807037 BO4 1 25 1 4 0 842 1532 570 49 -1 5 1 25 1 4 1 842 1543 52 16 0.000000 Meytaic5 1 25 1 4 2 899 1543 16 14 61.403927 Rs5 1 25 1 4 3 988 1548 39 14 62.415489 Centers 1 25 1 4 4 1022 1532 45 36 33.543221 ne5 1 25 1 4 5 1072 1551 17 15 0.000000 P55 1 25 1 4 6 1127 1554 19 14 58.871689 UG5 1 25 1 4 7 1150 1555 112 19 0.000000 Soatgae5 1 25 1 4 8 1238 1547 22 31 89.302811 Pans 1 25 1 4 9 1268 1560 25 14 45.733788 Beg5 1 25 1 4 10 1348 1554 37 27 5.776184 Euukg5 1 25 1 4 11 1393 1561 19 14 89.478653 Ave2 1 26 0 0 0 828 1562 605 36 -1 3 1 26 1 0 0 828 1562 605 36 -1 4 1 26 1 1 0 828 1562 605 36 -1 5 1 26 1 1 1 828 1562 104 19 95.265297 381-18005 1 26 1 1 2 988 1568 103 20 94.130447 356-75465 1 26 1 1 3 1160 1575 101 19 77.641815 475-72115 1 26 1 1 4 1330 1578 103 20 87.055832 261-31802 1 27 0 0 0 865 1578 816 131 -1 3 1 27 1 0 0 865 1578 816 131 -1 4 1 27 1 1 0 865 1578 816 131 -1 5 1 27 1 1 1 865 1623 30 14 0.000000 .5 1 27 1 1 2 1444 1578 237 131 52.010384 Center2 1 28 0 0 0 1172 1655 500 28 -1 3 1 28 1 0 0 1172 1655 500 27 -1 4 1 28 1 1 0 1514 1655 158 26 -1 5 1 28 1 1 1 1514 1655 9 26 32.954880 ts5 1 28 1 1 2 1628 1663 44 14 81.920341 tonah4 1 28 1 2 0 1172 1656 489 27 -1 5 1 28 1 2 1 1172 1659 42 15 92.484108 Overs 1 28 1 2 2 1222 1661 18 13 92.484108 195 1 28 1 2 3 1246 1665 49 12 54.227257 years5 1 28 1 2 4 1302 1663 15 14 91.438988 In5 1 28 1 2 5 1324 1665 88 18 94.226524 business,5 1 28 1 2 6 1448 1656 27 15 86.740311 Thes 1 28 1 2 7 1483 1660 82 16 0.000000 werght-lons 1 28 1 2 8 1571 1662 90 18 5.276428 prufeiionas2 1 29 0 0 0 845 1605 245 59 -1 3 1 29 1 0 0 845 1605 245 59 -1 4 1 29 1 1 0 845 1605 227 38 -1 5 1 29 1 1 1 845 1605 68 15 93.210335 PARMA5 1 29 1 1 2 1006 1611 66 32 32.341293 SOLON4 1 29 1 2 0 851 1629 239 35 -1 5 1 29 1 2 1 851 1636 32 28 1.978439 Peat5 1 29 1 2 2 887 1642 16 14 1.978439 hy5 1 29 1 2 3 983 1645 36 14 95.024101 SOM5 1 29 1 2 4 1024 1629 44 34 33.909286 eres 1 29 1 2 5 1074 1650 16 14 75.380875 Rg2 1 30 0 0 0 1150 1680 307 29 -1 3 1 30 1 0 0 1150 1680 307 29 -1 4 1 30 1 1 0 1150 1680 307 29 -1 5 1 30 1 1 1 1150 1680 39 11 58.393246 Overs 1 30 1 1 2 1195 1680 48 15 58.393246 2,0005 1 30 1 1 3 1249 1682 71 15 93.854599 Centers5 1 30 1 1 4 1327 1686 108 23 47.597504 navonwide.5 1 30 1 1 5 1452 1705 5 2 21.231453 .2 1 31 0 0 0 1698 1471 112 185 -1 3 1 31 1 0 0 1698 1471 112 185 -1 4 1 31 1 1 0 1698 1471 112 185 -1 5 1 31 1 1 1 1698 1471 112 185 95.000000 2 1 32 0 0 0 1696 1498 10 228 -1 3 1 32 1 0 0 1696 1498 10 228 -1 4 1 32 1 1 0 1696 1498 10 228 -1 5 1 32 1 1 1 1696 1498 10 228 95.000000 2 1 33 0 0 0 852 1678 849 45 -1 3 1 33 1 0 0 852 1678 849 45 -1 4 1 33 1 1 0 852 1678 849 45 -1 5 1 33 1 1 1 852 1678 849 45 95.000000 2 1 34 0 0 0 737 1701 452 16 -1 3 1 34 1 0 0 737 1701 452 16 -1 4 1 34 1 1 0 737 1701 452 16 -1 5 1 34 1 1 1 737 1701 452 16 95.000000 2 1 35 0 0 0 738 1703 424 13 -1 3 1 35 1 0 0 738 1703 424 13 -1 4 1 35 1 1 0 738 1703 424 13 -1 5 1 35 1 1 1 738 1703 424 13 95.000000 2 1 36 0 0 0 587 1701 558 54 -1 3 1 36 1 0 0 587 1701 558 54 -1 4 1 36 1 1 0 587 1701 558 26 -1 5 1 36 1 1 1 587 1697 18 33 15.685684 /~5 1 36 1 1 2 613 1704 109 17 80.136917 SEPTEMBER5 1 36 1 1 3 735 1710 37 15 61.707779 16.15 1 36 1 1 4 868 1711 277 16 0.000000 TS4 1 36 1 2 0 695 1710 171 45 -1 5 1 36 1 2 1 695 1710 171 45 21.164131 ne2 1 37 0 0 0 601 1755 68 6 -1 3 1 37 1 0 0 601 1755 68 6 -1 4 1 37 1 1 0 601 1755 68 6 -1 5 1 37 1 1 1 601 1755 68 6 95.000000 2 1 38 0 0 0 1723 1659 146 53 -1 3 1 38 1 0 0 1723 1659 146 53 -1 4 1 38 1 1 0 1723 1659 146 20 -1 5 1 38 1 1 1 1723 1659 19 13 69.371071 As5 1 38 1 1 2 1750 1662 55 14 7.481445 peoples 1 38 1 1 3 1811 1665 35 14 91.352425 vary5 1 38 1 1 4 1851 1665 18 12 57.220226 804 1 38 1 2 0 1723 1679 141 20 -1 5 1 38 1 2 1 1723 1679 40 13 29.036720 00835 1 38 1 2 2 1769 1680 35 12 72.768570 thelr5 1 38 1 2 3 1810 1683 54 16 87.283775 we.ght4 1 38 1 3 0 1723 1697 31 15 -1 5 1 38 1 3 1 1723 1697 31 15 90.650940 loss2 1 39 0 0 0 1891 870 24 874 -1 3 1 39 1 0 0 1891 870 24 874 -1 4 1 39 1 1 0 1891 870 24 874 -1 5 1 39 1 1 1 1891 870 24 874 95.000000 2 1 40 0 0 0 1349 1725 545 17 -1 3 1 40 1 0 0 1349 1725 545 17 -1 4 1 40 1 1 0 1349 1725 545 17 -1 5 1 40 1 1 1 1349 1725 545 17 95.000000 2 1 41 0 0 0 1236 1734 646 39 -1 3 1 41 1 0 0 1236 1734 646 39 -1 4 1 41 1 1 0 1236 1734 646 36 -1 5 1 41 1 1 1 1236 1734 12 9 54.390205 i5 1 41 1 1 2 1266 1734 39 36 33.061539 aa5 1 41 1 1 3 1312 1737 52 12 49.642998 DEALERS 1 41 1 1 4 1373 1740 14 9 80.515572 TV5 1 41 1 1 5 1395 1740 36 11 32.684898 Woke5 1 41 1 1 6 1493 1737 4 22 78.785454 y5 1 41 1 1 7 1865 1750 17 16 66.038147 34 1 41 1 2 0 1354 1762 123 11 -1 5 1 41 1 2 1 1354 1762 123 11 18.687088 oe Complaint 116 F.T.C.

EXHIBIT G 20TH ANNIV. NEWSPAPER CANDY CAPEX. 143 LBS. - 20 WKS.

| ons; : The Diet Center’ The Diet Center’ Difference: Difference for yourself! You'll be amazed at howeasily the pounds meit off at.

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how to achueve the lasumg resuits that make Diet Center truly diterent. Call us, Dicta=: aay, Your Offer and.

‘The difference is real Dtectalanes These Center Bick —= The egiodus prepemcaniee— (© S2OrGce ms eneeeeue To set your own type. use these- Spenficahons © 2colx 650"

Heads/26 port Clearface Bold Cond. (20%) Body copy/10 pont Cleartace Reg, * Hem po Cleartace Bold Cond (20%) Heads/19 point a Body copy’ I] part Cleartace Reg. Exhibit G CCvuGsz DIET CENTER, INC. 1469 1453 Complaint EXHIBIT H : Susan Saint James, actress. mother | ana Diet Center success Zorn: \ | When | needed 00 lose weight, | didn't body mass. li Eat real food. No expenhavetime to fly off toa fancy spa Between _ sive prepackaged meals required_ my TVshowandtmosmail children} - B Noconracts. You'll stick with Dier needed something clase to home: That's Center because it works. why I went to Diet Centex Their program Jou'll feel the difference> works fast and it fits my busy lifestyie. There are a lot of diets our there, but e here's why I think Diet Cenrer'’s the best: IB Lose fat, not muscle. Research shows —: 92% of the weight lost on the Diet Center; } : program is excess fat, not water or lean Center:

The weight-loss professionals.

Special Offer Complaint 116 F.T.C.

EXHIBIT I notmusele.

Unlike mendy diets. the nutritious Diet Center program helms your lose. far, not muscle. We've: heined millions lose weight—and keep ir ofi—without prepackaged foods. gimmicks contracts.

*l ost 55 pounnis in two months at Diet Center | was never hun- &ty—~| actually ate more than _ usuai winle | was losing werght.”

“YOUR SPECIAL OFFER HERE) Dieta Center’ The weight-loss professtonals. I 0 1000 Phe Concer. tac wll DIET CENTER, INC.

Complaint EXHIBIT J “Turn extra pounds into extra energy at Diet Center.”

Susan Saint James, actress. moter ana Diet Center Success SOT}:

The mos: amazing thi me apout ine Diet Cer program 1s whe tren energy vou have while voure losing weight You fee like you can do anvtning.

Lose fat, not muscle.

Researcn shows 92% of the (OOTTESOR tad OU ponds ii [7 Aerrear 1 and bas kepeu Off for cree years i, ' ‘ weight lost on the Diet Center program Is excess fat.

not water or jean boay mass.

Eat real food. No expensive prepackaged meals required.

Get fast results. Energize vour bodv while pounds and inches meit away.

Dieta» Center’ Special Olfer - ‘Weighs ines ane apres of inte vary exch Gece intoretnat. @ 1 Oort Cacmes. tne. Name & locarion goes here Name & location goes here goes here Name & location Decision and Order {16 F.T.C.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and The respondent, its attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission’s Rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent had violated the said Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order: 1. Respondent Diet Center, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the state of Idaho, with its offices and principal place of business at 921 Penn Avenue, Pittsburgh, Pennsylvania.

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

DIET CENTER, INC. 1473 1453 Decision and Order ORDER DEFINITIONS For purposes of this order, the following definitions shall apply: A. “Competent and reliable scientific evidence” shall mean tests, analyses, research, studies, surveys, or other evidence conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the relevant profession or science to yield accurate and reliable results; B. “Weight loss program” shall mean any program designed to aid consumers in weight loss or weight maintenance, C. “Broadcast medium” shall mean any radio or television broadcast, cablecast, home video or theatrical release. D. For any order-required disclosure in a print medium to be made “clearly and prominently,” or in a “clear and prominent” manner, it must be given both in the same type style and in: (1) twelve point type where the representation that triggers the disclosure is given in twelve point or larger type; or (2) the same type size as the representation that triggers the disclosure where that representation is given in a type size that is smaller than twelve point type. For any order-required disclosure given orally in a broadcast medium to be made “clearly and prominently,” or in a “clear and prominent” manner, the disclosure must be given at the same volume and in the same cadence as the representation that triggers the disclosure.

E. “Short broadcast advertisement” shall mean any advertisement of thirty seconds or less duration made in a broadcast medium.

It is ordered, That respondent Diet Center, Inc., a corporation, its successors and assigns, and respondent’s officers, representatives, agents, and employees, directly or through any corporation, Decision and Order 116 F.T.C.

subsidiary, division, or other device, including franchisees or licensees, in connection with the advertising, promotion, offering for sale, or sale of any weight loss program, in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from: A. Making any representation, directly or by implication, about the success of participants on any weight loss program in achieving or maintaining weight loss or weight control unless, at the time of making any such representation, respondent possesses and relies upon competent and reliable scientific evidence substantiating the representation; provided, further, that for any representation that: 1) Any weight loss achieved or maintained through the weight loss program is typical or representative of all or any subset of participants of respondent's program, said evidence shall, at a minimum, be based on a representative sample of: a) All participants who have entered the program, where the representation relates to such persons; provided, however, that the required sample may exclude those participants who dropped out of the program within two weeks of their entrance or who were unable to complete the program due to illness, pregnancy or change of residence; or b) All participants who have completed a particular phase of the program or the entire program, where the representation only relates to such persons;

2) Any weight loss is maintained long-term, said evidence shall, at a minimum, be based upon the experience of participants who were followed for a period of at least two years from their completion of the active maintenance phase of respondent's program or earlier termination, as applicable; and 3) Any weight loss is maintained permanently, said evidence shall, at a minimum, be based upon the experience of participants DIET CENTER, INC. 1475 1453 Decision and Order who were followed for a period of time after completing the program that is either:

a) Generally recognized by experts in the field of treating obesity as being of sufficient length for predicting that weight loss will be permanent; or b) Demonstrated by competent and reliable survey evidence as being of sufficient duration to permit such a prediction. B. Representing, directly or by implication, except through endorsements or testimonials referred to in paragraph I.E., that participants of any weight loss program have successfully maintained weight loss, unless respondent discloses, clearly and prominently, and in close proximity to such representation, the statement: ‘For many dieters, weight loss is temporary”; provided further, that respondent shall not represent, directly or by implication, that the above-quoted statement does not apply to dieters in respondent’s weight loss program provided, however, that a mere statement about the existence, design or content of a maintenance program shall not, without more, be considered a representation that participants on any weight loss program have successfully maintained weight loss.

C. Representing, directly or by implication, except through short broadcast advertisements referred to in paragraph I.D., and except through endorsements or testimonials referred to in paragraph LE., that participants on any weight loss program have successfully maintained weight loss, unless respondent discloses, clearly and prominently, and in close proximity to such representation the following information:

1) The average percentage of weight loss maintained by those participants;

2) The duration over which the weight loss was maintained, measured from the date that participants ended the active weight loss phase of the program; provided, further, that if any portion of the time period covered includes participation in a maintenance Decision and Order 116 F.T.C.

program(s) that follows active weight loss, such fact must also be disclosed; and 3) If the participant population referred to is not representative of the general participant population for respondent’s programs: a) The proportion of the total participant population in respondent’s programs that those participants represent, expressed in terms of a percentage or actual numbers of participants; or b) The statement: “Diet Center makes no claim that this [these] result[s] is [are] representative of all participants in the Diet Center Program.”

provided, further, that compliance with the obligations of this paragraph I.C. in no way relieves respondent of the requirement under paragraph I.A. of the order to substantiate any representation about the success of participants on any weight loss program in maintaining weight loss.

D. Representing, directly or by implication, in short broadcast advertisements that participants of any weight loss program have successfully maintained weight loss unless respondent: 1) Includes, clearly and prominently, and in immediate conjunction with such representation, the statement: “Check at our outlets for details about our maintenance record”; 2) For a period of time beginning with the date of the first broadcast of any such advertisement and ending no sooner than thirty days after the last broadcast of such advertisement, complies with the following procedures upon the first presentation of any form asking for information from a potential customer, but in any event before such person has entered into any agreement with respondent:

a) Gives to each potential client a separate document entitled “Maintenance Information,” which shall include all the information required by paragraph I.B. and subparagraphs I.C.(1)-(3) of this order and shall be formatted in the exact type size and style as the DIET CENTER, INC. 1477 1453 Decision and Order example form below, and shall include the heading (Helvetica 14 pt. bold), lead-in (Times Roman 12 pt.), disclosures (Helvetica 14 pt. bold), acknowledgment language (Times Roman 12 pt.) and signature block therein; provided, further, that no information in addition to that required to be included in the document required by this subparagraph I.D.(2) shall be included therein: MAINTENANCE INFORMATION You may have seen our recent ad about maintenance success. Here’s some additional information about our maintenance record. [Disclosure of maintenance statistics goes hereXXXXXXXXXXXXXXXKXXXXKX XXXXXXXKXXKXXKXXKXXXKXXX] For many dieters, weight loss is temporary. I have read this notice (Client Signature) (Date) b) Requires each potential customer to sign such a document; and c) Gives each customer a copy of such document; provided, however, that if any potential participant who does not then participate in the program refuses to sign or accept a copy of such document, respondent shall so indicate on such document and shall not, for that reason alone, be found in breach of this subparagraph I.D.(2); and 3) Retains in each customer’s file a copy of the signed mainten-ance notice required by this paragraph; provided, further, that: (1) compliance with the obligations of this paragraph I.D. in no way relieves respondent of the requirement Decision and Order 116 F.T.C.

under paragraph I.A. of this order to substantiate any representation about the success of participants on any weight loss program in maintaining weight loss; and (2) respondent must comply with both paragraphs I.D. and I.C. of this order if respondent includes in any such short broadcast advertisement a representation about maintenance success that states a number or percentage, or uses descriptive terms that convey a quantitative measure such as “most of our customers maintain their weight loss long-term;” provided, however, that the provisions of paragraph I.D. shall not apply to endorsements or testimonials referred to in paragraph LE. E.. Using any advertisement containing an endorsement or testimonial about weight loss success or weight loss maintenance success by a participant or participants on respondent’s weight loss program if the weight loss success or weight loss maintenance success depicted in the advertisement is not representative of what participants on respondent’s weight loss programs generally achieve, unless respondent discloses, clearly and prominently, and in close proximity to the endorser’s statement of his or her weight loss success or weight loss maintenance success: 1) What the generally expected success would be for Diet Center customers in losing weight or maintaining achieved weight loss; provided, however, in determining the generally expected success for Diet Center customers, respondent may exclude those customers who dropped out of the program within two weeks of their entrance or who were unable to complete the program due to illness, pregnancy or change of residence; or 2) One of the following statements:

a) “You should not expect to experience these results.” b) “This result is not typical. You may not do as well.” c) “This result is not typical. You may be less successful.” d) “ 's success is not typical. You may not do as well.” e) “ 's experience is not typical. You may achieve less.” f) ‘Results not typical.”

g) “Results not typical of program participants;” DIET CENTER, INC. 1479 1453 Decision and Order provided, further, that if endorsements or testimonials covered by this paragraph I.E. are made in a broadcast medium, any disclosure required by this paragraph must be communicated in a clear and prominent manner and in immediate conjunction with the representation that triggers the disclosure.

Provided, however, that:

(1) For endorsements or testimonials about weight loss success, respondent can satisfy the requirements of subparagraph I.E.(1) by accurately disclosing the generally expected success in the following phrase: “Diet Center clients lose an average of ____ pounds over an average ___ - week treatment period;” and (2) If the weight loss success or weight loss maintenance success depicted in the advertisement is representative of what participants of a group or subset clearly defined in the advertisement generally achieve, then, in lieu of the disclosures required in either subparagraph I.E.(1) or (2) herein, respondent may substitute a clear and prominent disclosure of the percentage of all of respondent’s customers that the group or subset defined in the advertisement represents;

F. Representing, directly or by implication, the typical rate or speed at which any participant on any weight loss program has experienced or will experience weight loss unless, at the time of making any such representation, respondent possesses and relies upon competent and reliable scientific evidence substantiating the representation.

G. Failing to disclose, clearly and prominently, either: (1) To each participant who, after the first two weeks on the program, is experiencing average weekly weight loss that exceeds two percent (2.0%) of said participant’s initial body weight, or three pounds (whichever is less), for at least two consecutive weeks; or (2) In writing to all participants, when they enter the program, that failure to follow the program protocol and eat all of the Decision and Order 116 F.T.C.

varieties and amounts of food recommended may involve the risk of developing serious health complications. H. Representing, directly or by implication, that participants on respondent’s weight loss program will lose only fat and no lean body tissue.

I. Making any representation, directly or by implication, about the loss of fat or the loss of lean body tissue that participants on respondent’s weight loss program will experience unless, at the time of making any such representation, respondent possesses and relies upon competent and reliable scientific evidence substantiating the representation.

J. Misrepresenting, directly or by implication, the existence, contents, validity, results, conclusions or interpretations of any test or study.

K. Misrepresenting, directly or by implication, the performance, efficacy or safety of any weight loss program. Il.

It is further ordered, That respondent shall notify the Commission at least thirty (30) days prior to the effective date of any proposed change in the corporate respondent such as dissolution, assignment or sale resulting from the emergence of a successor corporation(s), the creation or dissolution of subsidiaries or any other change in the corporation(s) that may affect compliance obligations arising out of this order; provided, however, that nothing in this order shall be interpreted to require respondent to notify the Commission regarding the addition or termination of franchisees or licensees.

II.

It is further ordered, That respondent shall maintain for a period of three (3) years after the date the representation was last made, and upon request make available to the Federal Trade DIET CENTER, INC. 148] 1453 Decision and Order Commission staff for inspection and copying, all materials possessed and relied upon to substantiate any representation covered by this order, and all test reports, studies, surveys or other information in its possession or control that contradicts, qualifies or calls into question any such representation, including complaints from consumers.

IV.

It is further ordered, That respondent shall distribute a copy of this order to each of its officers, agents, representatives, independent contractors and employees who is involved in the preparation and placement of advertisements or promotional materials or who has any responsibilities with respect to the subject matter of this order; and, for a period of five (5) years from the date of entry of this order, distribute same to all future such officers, agents, representatives, independent contractors and employees. V.

It is further ordered, That:

A. Respondent shall distribute a copy of this order to each of its franchisees and licensees and shall contractually bind them to comply with the prohibitions and affirmative requirements of this order; respondent may satisfy this contractual requirement by incorporating such order requirements into its current Operations Manual; and B. Respondent shall further make reasonable efforts to monitor its franchisees’ and licensees’ compliance with the order provisions; respondent may satisfy this requirement by: (1) taking reasonable steps to notify promptly any franchisee or licensee that respondent determines is failing materially or repeatedly to comply with any order provision; (2) providing the Federal Trade Commission with the name and address of the franchisee or licensee and the nature of the noncompliance if the franchisee or licensee fails to Decision and Order 116 F.T.C.

comply promptly with the relevant order provision after being so notified; and (3) in cases where that frdnchisee’s or licensee’s conduct constitutes a material or repeated violation of the order, diligently pursuing reasonable and appropriate remedies available under its franchise or license agreement and applicable state law to bring about a cessation of that conduct by the franchisee or licensee;

provided, however, that respondent’s compliance with this Part shall constitute an affirmative defense to any civil penalty action arising from an act or practice of one of respondent’s franchisees or licensees that violates this order where respondent: a) has not authorized, approved or ratified that conduct; b) has reported that conduct promptly to the Federal Trade Commission under this part; and c) in cases where that franchisee’s or licensee’s conduct constitutes a material or repeated violation of the order, has diligently pursued reasonable and appropriate remedies available under its franchise or license agreement and applicable state law to bring about a cessation of that conduct by the franchisee or licensee. VI.

It is further ordered, That respondent shall, within sixty (60) days after the date of service of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with this order.

Commissioner Owen dissenting as to the exception requiring full numerical disclosures involving quantitative weight loss maintenance claims in short radio and television advertisements. DIET CENTER, INC. 1483 1453 Statement STATEMENT OF COMMISSIONER DEBORAH K. OWEN CONCURRING IN PART AND DISSENTING IN PART The Commission’s decision to approve and issue consent orders with these three major marketers of low calories diets represents an important, and largely appropriate, next step in the Commission’s efforts to address allegations of false and unsubstantiated advertising claims in the diet industry. However, I must dissent on one aspect of the remedies in these matters. In the earlier very low calorie diet cases, I took the position that the mandated weight loss maintenance disclosures were likely to be too complex, to enlighten consumers if made during short radio or TV ads.’ I recommended requiring more concise disclosures for such broadcast ads, which would be supplemented by full disclosure at the point of sale. The relief in the present three matters adopts much of this approach, and, as such, represents a significant improvement over the very low calorie diet consents. However, this improvement would not apply where a broadcast maintenance claim includes a number, percentage, or other descriptive term to convey a quantitative measure. IJ am concerned that this proviso will significantly reduce, if not eliminate, the incidence of shorter, more understandable broadcast ad disclosures, without providing sufficiently compensating gains in preventing deception. Furthermore, the proviso’s language regarding descriptive terms conveying a quantitative measure is vague. Appropriate, non-deceptive claims may be inadvertently chilled as a result, and vexing compliance questions may arise as respondents attempt to conform to the requirements of the orders. Accordingly, I dissent with respect to inclusion of this proviso in these consent orders. See Statement Concurring in Part and Dissenting in Part in Jason Pharmaceuticals, Inc., File No. 902-3337, National Center for Nutrition, Inc.. File No. 912-3024, and Sandoz Nutrition Corporation, File No. 912-3023 (Aug. 10, 1992) Complaint 116 F.T.C.