Prolong Super Lubricants, Inc

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

IN THE MATTER OF PROLONG SUPER LUBRICANTS, INC.

CONSENT ORDER, ETe., IN REGARD TO ALLEGED VIOLA non OF SEe. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3906. Complaint, Nov. 1999--Decision, Nov. , 1999 This consent order, among other things, requires Prolong Super Lubricants, Inc., the , to havemarketer of one of the largest selling motor oil additives sold in the U. scientific substantiation for its claims regarding the perfonnance, benefits, efficacy, attributes, or use of its product. The consent order prohibits the misrepresentation ofthe superiority or comparability of its product with respect to any other product and the existence or results of any test, study, or research. In addition, the consent order prohibits the representation of user testimonials or endorsements, unless certain disclosures are made.

Participants For the Commission: Gerald Wright and Jeffrey Klurfeld. For the respondent: Neil Goteiner, Braun Martel San Francisco, CA.

COMPLAINT The Federal Trade Commission, having reason to believe that Prolong Super Lubricants, Inc., a corporation ("respondent"), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: ' 1. Respondent Prolong Super Lubricants, Inc. is a Nevada corporation with its principal office or place of business at 6 Thomas Irvine, CA.

2. Respondent has advertised, labeled, offered for sale, sold, and distributed products to the public, including Prolong Engine Treatment Concentrate, a motor oil additive ("Prolong ETC"). 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. 4. Respondent has disseminated or has caused to be disseminated advertisements for Prolong ETC, including but not necessarily limited : ...

Complaint 128 FTC. to the attached Exhibits A through C. These advertisements contain the following statements, demonstrations, and other visual depictions: A. A program-length television advertisement for Prolong-branded products, entitled "The Prolong World Challenge" (Exhibit A): (1) Host: Prolong is here to set the record straight, with some amazing proof to demonstrate why experts are saying, 'Prolong has no equal in the world!' In fact Prolong is so superior to other lubricants, they re offering a $1 milion world challenge. " (Exhibit A, p. 3) (2) The "Duel in the Desert" Demonstration Announcer: We have automobiles trcks and motorcycles representing almost every kind of vehicle manufacturers pick-up truck with over 100 000 miles...These vehicles have been treated with the patented Prolong Engine Treatment, and drained of all their engine oil." (pp. 4- Steve Yeager World SeriesYeager: fPreviously identified in on-screen super as " MVP" ): I just saw him drain the oil ITom my vehicle, and I really have my doubts if this car will go out there, with the inclines, and the downhills and the curves, and not overheat, and just ITeeze up. (p. 6) (Ad depicts vehicles driving laps in the desert after their oil has allegedly been drained. One driver is identified as "AI Unser, 4 time Indy 500 Winner. (After unspecified lapse of time) Unser: I just didn t believe that it would make island the thing is still running good. The oil light never went off, or the gauge ever moved.. .! ran almost 90 mph!...With no oil in it. (pp. 33-34) (3) The "Friction Test Machine Demonstration Announcer The automotive professionals of J.E. Pistons...will witness the world challenge as Prolong is compared to other well-known lubricants. (p. 7) Host: Elton s (Elton Aldennan, President of respondent) using a torque bar on a friction test machine to apply tremendous pressure on a static bearing against a spilling race...Pressure is added until the test lubricant fails, damaging the bearing and seizing the motor.Professionals use a torque wrench to apply extreme pressure to accurately measure the shock load engines experience on start-up. (p. 7) I Ad depicts various lubricants being poured into the machine, and pressure being applied. After each lubricant is tested, the screen shows the bearing with its "wear scar" from the pressure that was applied. The size of the "wear scar" varies from lubricant to lubricant.

First Pennzoil was tested. (Super: " Certified Test. ) Look at the bearing up close as certified by a licensed professional engineer, and you can see the severe damage. " (Super: "Failed. ) (Ad depicts bearing with large "wear scar. ) Next look at the wear with Castro I Syntech, a leading synthetic oil, tested under the same load. (Super: " Failed. ) (Ad depicts bearing with large "wear scar. ) Then Slick 50 Engine Treatment was tested. (Super: "Failed. ) (Ad depicts bearing with large : (pp.. . . . : ... :

PROLONG SUPER LUBRlCANTS, INC. 551 549 Complaint wear scar ) They all ended up with severe damage... (The ad depicts other lubricants being tested and "failing," with large "wear scars. ) (pp. 7- (Ad depicts machine continuing to run after a small amount of Prolong ETC is applied.

Now, let's test the Prolong Engine Treatment! Watch as the torque wrench applies the maximum shock load of over 200 000 pounds per square inch at point-to-point contact....The motor continues to run with no strain, as shmvn by the amp meter. (p. 10).... (Ad depicts bearing with very small " wear scaL ) After all this tremendous abuse, you can see that the other lubricants don t even come close to comparing! Indisputable proofthat Prolong has no equal in the world! ( Super: No Equal In The World)" (pp. 10- 11) (4) Consumer endorser Once the product is into the motor, and found the friction points, and taking care of those friction points, that same engine made eight more horsepower! ( Super: Lee Chapin, A VP Mkg. Mikuni American Corp)" (p. II) (5) The "Test Tube" Demonstration (Ad depicts a bearing partially submerged in lubricant in a test tube, which is then heated. ) Announcer We coated a test bearing with a well-known engine treatment that was heated and left for a short period oftime. Look at the corrosion on the bearing, just ftom the fumes' And look at the bottom which was actually submerged! When Prolong is put to the same test, look at the difference with its anti-corrosion formula! The high temperatures in your engine can cause lubricants to break down and become corrosive. ... But Prolong s patented fonnula fights corrosion, and extends the life of your car, which saves you money! (Super: "Fights Corrosion. 13- 14) (6) Consumer endorser: 1 ran 30 miles with no oil, no oil pressure, with the oil light staring me directly in the eye, and the car kept going. The last ten years I haven t won a race. Now starting using Prolong, two years later I'm winning races now. (Dan Mathews, Race Car Builder/Driver)" (p. 17) (7) Guerrero (Identified earlier in ad as Roberto Guerrero, Indy 500 Single Lap Speed Record Holder): " If it's going to work on the race car, it's going to work on the road car I 00 times better, so it really is amazing. " (p. 17) (8) The " Four-Hour Drive" Demonstration (Ad depicts two women driving a car which has been treated with Prolong ETC and then allegedly had the oil, oil filter, and oil plug removed. Announcer: Sandra Bartley has gone an unbelievable four hours and 40 minutes with no oil, no oil fiter, or oil plug' ( Super 4 HR 40 MIN 7 SEC" ) She s been in stop-and-go city traffc on a hot summer day in Southern California. Freeway driving above 60 miles per hour, as well as steep hills which really put a strain on the engine. " (p. 23) : : : : (p. )... ) (p. . . . .... ... Complaint 128 FTC. (9) Announcer: Today s motor oils are better than ever. But they have their limitations! Friction causes heat which leads to engine wear, poor perfonnance lower gas mileage and even engine breakdown. (Super: "Friction Causes Engine Wear; Poor Perfonnance; Lower Gas Mileage ) Prolong Engine Treatment turns any motor oil into a super lubricant. (Super: "Turns Any Motor Oil Into a Super Lubricant.") Prolong is specially fornmlated to bond to the metal, creating a lowfriction surface, one molecule thick, that lubricates your engine on start-up, whether s 20 below and freezing cold, or 100-pius in scorching heat. This means you prolong engine life! (Super: "Prolong Engine Life! Improve Perfonnance' Increase Gas Mileage!" ) Improve perfonnance, and increase gas mileage.... " (p. 18) (10) Consumer Endorser This transmission was probably due for some serious service, like being rebuilt, and I decided well, I'll put it off, and I just Prolonged" it, and it held in there for, like I say, another 40 to 50 000 miles! (Ken McClintick, Aerospace Engineer)" (p. 21) (I I) Sand in the Engine" Demonstration Announcer: Elton (Aldennan, President ofrespondentj has drained the oil on a Chrsler V -8 engine, and you can see it s empty by the window installed in the oil pan...And now he s going to do something you have to see to believe! ... ( Super For Demonstration Purposes Only; Always Follow MFG Instructions ) All these demonstrations show you that Prolong can protect your engine, even under extreme conditions!" (p. 24) (Ad depicts sand being poured in the motor, then the water hose being cut and the engine being revved up. The engine keeps running. Host: It' s not only running but it s running smoothly. (Super: "5000 RPM -- No Oil' No Water! 10 Ibs. Sand In The Engine ve taken all of the oil out, all of the water out, it's been treated with Prolong, we ve poured sand on the engine, and it' s still running as if it were a brand new engine I" (p.27) (12) Announcer Whether your car is old or new, the sooner you add Prolong, the better! ( Super The Sooner, The Better ) Because up to 70% of friction and wear occurs at start-up (Super 70% Engine Damage on Start- ), before your engine is coated with motor oil! Friction causes heat, which leads to engine wear poor perfonnance, lower gas mileage, and even engine breakdown. (Super: Friction Causes Engine Wear; Poor Performance; Lower Gas Mileage 29) (13) SUPER: Jim Snelling, First Lane Racing School" Snellin2:: Starting a car first thing in the morning, 'cause there s no oil protecting that motor. None. There s no friction protection at all. Now what you get, and most people don t understand is, that s where you get the wear and tear on rings and pistons. And over a period of years that' s what wears on motors, and that's why you have to have it re-ringed and re-valved, and everyhing else!... (Referring to Prolong Engine Treatment Concentrate bottle J I think you ve got something that's going to protect that, 1 defmitely think you do. 30) PROLONG SUPER LUBRICANTS, INC. 553 549 Complaint B. Prolong Engine Treatment Concentrate Bottle Labeling (Exhibit B) Prolongs Engine Life C. Promotional Brochure (Exhibit C):

(I) "'This report describes friction and wear testing of Prolong Engine Treatment. 1 1 0 tests perfonned. The product was found to have a significant wear reducing effect.friction was reduced up to 51. , temperature was reduced up to 38.67% and wear was reduced up to 78%.' SintefLaboratories, Report No. STF18 F87013"

(2) "'A lonely road can be even lonelier without Prolong protection.' We hope that you wil never have to drive your car for miles without oil in 150 degree desert road temperatures, but its (sic) nice to know its (sic J been done successfully using Prolong Engine Treatment."

5. Through the means described in paragraph four, including but not limited to the below-enumerated subsections of paragraph four respondent has represented, expressly or by implication, that: A. Compared to motor oil alone, Prolong ETC: (1) Reduces engine wear at start-up (Subsections A(9), A(12), A(13)J; and (2) Extends the duration of engine life (Subsections A(5), A(9), B(1) J;

B. Prolong ETC:

(1) Reduces corrosion in engines (Subsection A(5)J; and (2) Protects against engine breakdowns (Subsections A(2), A(S), A(9), A(1I)-(13), C(2)J;

C. Benefits that may be achieved through use of Prolong ETC in race cars or under racing conditions can be achieved in ordinar automobiles in conventional use (Subsections A(6), A(7)J; and D. Testimonials from consumers appearing in the advertisements for Prolong ETC reflect the typical or ordinary experience of members of the public who use the products. 6. Through the means described in paragraph four, respondent has represented, expressly or by implication, that it possessed and relied upon a reasonable basis that substantiated the representations set forth in paragraph five, at the time the representations were made. Complaint 128 FTC. 7. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representations set forth in paragraph five, at the time the representations were made. Therefore the representation set forth in paragraph six was, and is, false or misleading.

8. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices ' in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act.

Commissioner Lear not participating.

, PROLONG SUPER LUBRICANTS, INe. 555 549 Complaint EXHIBIT A (Transcription of tape labeled The Prolong World Challenge Call 1- 80Q- 533- 5100 to order the PROLONG CA CAE KIT PROLONG INTERNATIONAL CORP. is traded on the OTC Bulletin Board. Symol r PROL'" J On-f'r.rpF'n .'user: Prolong Super Lubricants. The following is a paid commercial program for Prolong Super Lubricants. Prolong International Corporation. A Public Company Traded OTC. Symol PROL The following tests are for demonstration purposes only. Do not attempt any of these demonstrations. AnnnlInr:f!r The following is a paid program for Prolong Super Lubricants.

You re about to witness the greatest breakthrough in the history of lubrication. On the program today. see what happens when you pour 10 pounds of dirt, sand and gravel in an open engine. ; 10 lbs. Sand Open Engine! What happens when racing legend Al Unser drives a $60, 000 Viper in the desert at 90 mph with no oil. (flashing); 90 MPH No Oil) Watch while this engine s put to the test as it attempts to set an undisputed world record, running 500 hours with no oil! : 500 hrs No oil! No oil" flashes on and off) Complaint 128 FT.C. EXHIBIT A This test driver is going to put this car through a realworld endurance test with no oil, wD oil plug, and no oil filter! How far can they go? : No oil! No ail plug! No oil filter! ) This engine is running at: an unbelievable 6 , 000 RPM with no oil pan! What fantastic lubricant makes this possible? : No oil pan! 6, 000 RPM!J : Never run your car without oil or water. Always follow your manufacturer I s service advice. I Stick around to hear the answers, and to find out how for the first time in the history of lubrication, your car can be protected in a way you never dreamed possible, and it' s going to save you maney, increase gas mileage, and prolong the life of your car! : Saves You Money! Increase Gas Mileage! Prolong The Life Of Your Car! Lives up to what they say it can do, and I have to, as ll' they say, take my hat off to ' em because I didn' t think it could make it, I really didn You just can t run an engine, any engine, whether it' s a Viper or what, without oil in it! is=, Al Unser, 4 Time Indy 500 Winners Annnllnr:p.T welcome to the Prolong World Challenge! On the show today we have racing legend, 4- time Indy 500 winner Al Unser! ( , ( , PROLONG SUPER LUBRICANTS, INe. 557 549 Complaint EXHIBIT A : Al Unser 4 Time Indy 500 Winner I Indy single lap record holder, Roberto Guerrero. Roberto Guerrero, Indy 500 Single Lap Speed Record Holderl. Nine time Olympic Gold Medalist Mark spitz. ( : Mark Spitz 9-Time Olympic Gold Medalist) World Series MVP Steve Yeager. t: Steve Yeager world Series MVP) . Mr. Motorcycle himself, Nick Nichols! Nick Nichols 1=, Motorcycle Product Test Expert). Racing commentator Larry Huffman. Larry Huffman Racing Commentator) Hosted by Bob Eubanks! : Bob Eubanks) Hi there, I' m Bob Eubanks, and welcome to the beautiful EJ Peterson automotive museum n Los Angeles, California. The automobiles you see here have made history because of their design, beauty or engine performance. That' s why we ve chosen an automobile environment to introduce a history-making lubricant. Prolong is here to set the record straight, with same amazing proof to demonstrate why experts are saying, "Prolong has no equal in the world! In fact, Prolong is so superior to other lubricants, they' re offering a $1 million dollar world challenge. That' s right, $1 million. : $1, 000 000 WORLD CHALENGE) well if seeing is believing, then let' s get right down to it. !!!! Complaint 128 FTC. EXHIBIT A Thanks Bob, we' re here at Willow springs International Raceway in the Mohave Desert. The track temperature, it' August is 146 degrees! Annnl1nr.p.r It I S so hot that even Gila Monsters are carrying canteens! AI, you re driving a $60, 000 Viper; a V- 10 -- you going to take it out there on the track and go with no oil whatsoever.

First, it I S not my car. If it was my car I still wouldn t do it. And secondly, I don t think it'll make it half a lap! Announcer; We have automobiles, trucks and motorcycles representing almost every kind of vehicle manufacturer including General Motors, Ford, Chrysler, European and Japanese makes, ; General Motors, Ford, Chrysler. European, Japanese) a pickup truck with over 100, 000 miles, and Mr. Motorcycle himself, Nick Nichols on his Harley Davidson! These vehicles have been treated with the patented Prolong Engine Treatment, and drained PROLONG SUPER LUBRICANTS, INC. 559 549 Complaint EXHIBIT A of all their engine oil. The oil plugs will be held by the automobile club' s former chief automotive engineer, Louis J. Bintz, who will certify this extreme test of a Prolong Engine treatment.

They ve taken the drain plug out of the car, and have I!, you ever seen anything like this before? , I don t think it' s such a great idea. Without any Bi, oil in these cars, I think some of ' em are going to freeze. Louis J. Bintz, PE Chief Automotive Engineer, Ret. Auto Club of So. Cal.

And also with the heat, it' s tremendously hot out I!, there, that I s got to be a factor too.

very definitely! Bi, The heat I s going to start building UPi there I s friction sa, and there s no oil in this car s crankcase whatsoever but just Prolong. It will be very interesting! Complaint 128 FT.C. EXHIBIT A I just saw him drain the oil from my vehicle, and I really have my doubts if this car will go out there, with the inclines, and the downhills and the curves, and not overheat, and just freeze up.

Alright gentlemen, start your engines! Can you see the !J oil temp, the oil pressure gauge? It' s on zero, it' s not moving in your career; starting a at all. This has got to be a first race with no oil I That it is; I' ve never seen a gauge like that, not move, but I know, I know awhile ago when I drove this car, the gauge was moving.

It has got to be a funy feeling. !J Yes it does! On the count of three -- one, two, three! !J Annollncer The Prolong World Challenge metal- to-metal, duel in the desert is under way! These cars are being tested to their PROLONG SUPER LUBRICANTS, INe. 561 549 Complaint EXHIBIT A limi ts ! Remember, they have no oil whatsoever! Will heat and friction take its toll on the Viper? Will Prolong make the difference? Stay tuned and we'll see what happens! Now let I s go to Bob Eubanks at the world- renowned J. E. Pistons in Huntington Beach, California, : Headquarters, Huntington Beach, CA) where they build pistons for high performance engines that win many of today g top auto races. s there with prolong s President, Elton Alderman, and the automotive professionals of J . E. pistons who will witness the world challenge as Prolong is compared to other well- known lubricants.

Elton' s using a torque bar on a friction test machine, to apply tremendous pressure on a static bearing against a spinning race. Spinning Race " appears at lower left screen with 1=, an arrow pointing at part of the machine, while the words Static Bearing " appear in the upper right corner with an arrow pointing to another pa t of the machine. J Pressure is added until the test lubricant fails, damaging the bearing and seizing the motor. You may have seen other companies demonstrate their products using a fish scale. But professionals use a torque wrench to apply extreme pressure to accurately measure the shock load engines experience on startup. First Pennzoil was tested. Complaint 128 FTC. EXHIBIT A : Certified Test) Look at the bearing up close, ( Failed) as certified by a licensed professional engineer, and you can see the severe damage. Next, look at the wear with Castrol SYntech, a leading synthetic oil, tested under the same load. : Failedl Then slick 50 engine treatment was tested. : Failed) They all ended up with severe damage. They even tested Lubricator 2001 per the manufacturer s instructions. And it too failed. ( : Failed, Now, let' 8 see what happens when Dura Lube meets Prolong head to head! A l np.rman Let' s give it a little more than that, let' s just give it a full bath.

That I S more than you I d normally add? EJ A1derman Absolutely! Let' give it a big advantage! Eubanks: OK! A1derman So let' s put this back on. Same type of a test. Now Bob I can make this look real good if I pull it real slow. PROLONG SUPER LUBRICANTS, INC. 563 549 Complaint EXHIBIT A shows better than normal if I pull it real slow. But with this product.

And it stops with Slick 50, it stops! Annul1nr.er Then Elton did something that we had no idea he was going to do! And beyond amazing, he took a small Q- tip and dipped it in the Prolong. He didn I t even bother to pour any in! Now watch what happens! Alderman Just take a Q-tip.

Alright.

Alrlprman Add a little Prolong. Pull it to the max. The noise changes and everything.

A1derman: Just touch the metal.

It doesn t stop! Wonderful J ( .

Complaint 128 FTC. EXHIBIT A AI de rman With just a Q- tip.

That' s just a little bit of Prolong on there. I mean JM this is a product like no other product. But this is a patent product, isn t it? A1dp.rman As we say, it has no equal in the world, Bob. Anno\lncp.r Let' s continue the challenge and look at the damage up close on the Duralube bearing! Under no nonsense testing, like the rest, it also failed to protect the bearing. ( Failed! We tested the STP engine treatment. Again, severe damage! : Failed! Tribdtech additive was also tested, and as you can see by the scar it came up way short 1 ( : Failed) Now, let' s test the Prolong engine treatment! Watch as the torque wrench applies the maximum shock load over 200, 000 pounds per square inch paint-to-paint contact. 200, 000 psi) Look how far the bar bending goes past the end the scale, while the motor continues to run with no strain, as shown by the amp meter. ( : ampsl After all this tremendous abuse, you can see that the other lubricants don t even come PROLONG SUPER LUBRICANTS, INC. 565 549 Complaint EXHIBIT A close to c0rnparing! Indisputable proof that Prolong has no equal in the world! : No Equal In The World! G\Ip.rrp.rn If I wasn t seeing it, I wauldn' t believe it! You know you can hear people telling you that yeah, yeah, but I mean, seeing it is really quite amazing and it t s unbelievable! Ka' We currently are using the product in all of our used cars. We felt it would be safer to put Prolong in the vehicles that the time we smog and safety the vehicle, and cut down on our possible losses J : Michael Kahn, GM Crown Lexus/Tayata, Ontario CAr Because we use the same adjectives for products that just simply don' t work; this product does! Once the product is into the mator, and found the friction points, and taking care of those friction points, that same engine made eight more horsepower! R : Lee Chapin, AVP Mktg. Mikuni American Corp) slick 50, Dura Lube, it' s just like, you put it in, and l', you can t even tell that it' s really in there, other than you a little lighter in the pocketbook I use synthetic oils in the Complaint 128 FTC EXHIBIT A rear end of the transmission with Prolong additive, and boy, I tell you, it I s the best thing since printed money!" : Ron Pickles Independent Transporter J ve also seen this product on television. Let me ask you a question. I mean, a lot of engines heat up; what happens to these additives when your engine heats up, say like to 300 degrees? AldF.rman Well, I'll tell you, Bob, what happens. This product this one I 'ct like to show you. (Alderm n holds up a test tube with a substance in it. That was heated up to just over 300 degrees in less than a minute.

Now this is a popular oil additive? Aldermi1n Absolutely! It' s just solid tar! tAlderman holds up a different test tube) This is a leading product; it has PTFE in the same resins in it. Like a teflon powder that was heated type of test.

PROLONG SUPER LUBRICANTS, INe. 567 549 Complaint EXHIBIT A So they actually put teflon in the oil additives? Al nerman Absolutely! Solid particles. Also Bob here I S Prolong. (Alderman holds up a third test tube) Put through the same type of a test.

Heated again.

Alnerman Absolutely! (Ad depicts substances in first two test tubes appear to have solidified; prolong still appears to be liquid! Which one would you like to have in your motor? F:ub;Jnki' Which one do you think, I mean, it' s prolong! Announcer Your car engine runs at extremely high temperatures. So we wanted to show what happens to engine treatments under these conditions. Look at this product, when it I 8 heated up! becomes unstable, starts smoking and turns black at around 325 degrees! Then we put Prolong, with its patented anti-corrosive formula to the same, test. Even when heated much higher, it still remains stable! We coated a test bearing with a well- known engine treatment that was heated and left for a short period of (,,, Complaint 128 FTC. EXHIBIT A time. Look at the corrosion on the bearing, just from the fumes! And look at the bottom which was actually submerged! When Prolong is put to the same test, look at the difference with its anti- corrosion formula! The high temperatures in your engine can cause lubricants to break down and become corrosive. Other Engine Treatment; Prolong Engine Treatment J But Prolong I 8 patented formula fights corrosion, and extends the life of your car, which saves you money! : Fights Corrosion) Now, let' B Bee how the cars are doing as we return to the metal-to-metal duel in the desert! With Al Unser, Mark Spitz, Steve Yeager and Larry Huffman! Never run your car without oil or water. Always follow your manufacturer s service advice. J Unlrlf'nt"i fiprl voicl' My light' 8 never blinked, it I S always been on green! Hnlnpnt"i fied voicp. I'll tell you what, this big car is handling very nicely! PROLONG SUPER LUBRICANTS, INC. 569 549 Compaint EXHIBIT A Uni npnt i fi p.d VOl r:e m definitely gassing this thing around a heck of a lot harder than if it was just normal driving. I mean, just trying to stay up with you guys and AI! Announcer Well, you can hear it for yourself from the radios they have in the cars. And I think Steve Yeager pretty well tells the story with this comment:

It' s like an ever ready, still going.

Bob, it' s unbelievable, they re still running! Hu ' Unser in the red Viper out in front, with the temperature still hovering just under 150 degrees, and the test continues! Announr.er As if 7 cars and a motorcycle at Willows Springs aren t enough, we put Sandra Bartley, 20 year test and race car driver, through a real world endurance drive with no oil; no oil plug and no oil filter, to see how far the car could go. ( No Oil! No Oil Plug! No Oil Filter! 1 Sandra, being a skeptic, wanted to make sure that there really was no filter, so she got under the car to check for herself. Then, she and her friend Linda were off from the Peterson Museum on a hot summer day. Not Complaint 128 FTC. EXHIBIT A just to drive the freeway where you can cruise, but to put the car through the same conditions we all drive everyday, stop and go city traffic! And of all places in southern California! She went through Beverly Hills, up Rodeo Drive, down the Avenue of the Stars in West L. A., an around Westwood. Look at this Linda; we ve been driving about an hour s. and ten minutes right now ( : One Hour) and we ve been going uphill and downhill, and normally that would be a real big load on the engine.

Annnunr:p.T At two hours out, we left: Two Hours! heading north on Pacific Coast Highway, and decided to take a mountain climb to really torture the engine. And still no problems! When we come back, we 'll see how much farther the car can go with plenty of gas but no oill TohnfJon Starting seventeenth in a race, we were coming through the field, and about the 12th or 13th lap we exploded a radiator hose. It immediately pumped all the water out of the car. that point we were running so well I figured, well, engine needs rebuilding, keep running. Let' s see what happens. If it blows ( , PROLONG SUPER LUBRICANTS, INC. 571 549 Complaint EXHIBIT A up, it blows up. We were running prolong in the motor, car ran 30 laps, we finished the race, it was still in one piece. took it to the engine rebuilder Monday. My engine builder s been building engines for over 30 years. He calls and he asks me what kind of oil we were running. I tell him, and he says " Well, no, that oil ..auIdn' t do this. He says, "What else were you running? " So I told him we were running ptolong. And he says Whatever it is, it just saved you over $6, 000. !=,A. Johnson, USAC Midget Car Race Driver J I ran 30 miles with no oil, no oil pressure, with the oil light staring me directly in the eye, and the car kept going. The last 10 years I haven 't won a race. Now starting using Prolong, two years later I' m winning races now. Dan Mathews, Race Car Builder/Driver) s going o work on the race car, it' s going to r,lJp.rreTO If it' work on the road car 100 times better, so it really is amazing. Anno\Jn Coming up, the grand finale of the duel in the desert with Al Unser, Sandra Bartley' s real world endurance drive. Complaint 128 FTC. EXHIBIT A Prolong s undisputed world record at 500 hours with no oil! Ten pounds of dirt, sand and gravel in an open engine with no oil, and no water! ( : Paid Commercial Program For Prolong Super Lubricants I Plus, the $1 million world challenge! Stay tuned! Today s motor oils are better than ever. But they have their limitations! Friction causes heat which leads to engine wear, : Friction Causes Engine Wear; Poor Performance; Lower Gas Mileage) poor performance, lower gas mileage and even engine breakdown. Prolong engine treatment turns any motor oil into a super lubricant. : Turns Any Motor Oil Into A Super Lubricant! Prolong is specially formulated to bond to the metal creating a low friction surface, one molecule thick. that lubricates your engine on startup, whether it' s 20 below and freezing cold, or 100 plus in scorching heat. This means you prolong engine life! Prolong Engine Life!; Improve f=' Performance! Increase Gas Mileage!) Improve performance, and increase gas mileage- Which saves you money! t: Saves You Money 1 Prolong is the only patented product of its kind in the world. Not just patent pending as claimed by other companies. : patented! It' s actually been awarded patents both nationally and internationally. ( : Patented Nationally; Internationally) which means no one else in the world but PROLONG SUPER LUBRICANTS, INC. 573 549 Complaint EXHIBIT A Prolong has the super lubricant formula. Other products make claims. hut under only moderate load the bearing damage is undeniable with engine treatments such as Duralube, Slick 50 STP, Trihotech, X1R and Lubricator 2001. : Dura Lube; Slick so; STP; Tribotechi X- 1R; Lubricator 20011 But even under enormous shock load with Prolong, you can hardly Bee a mark. Which proves beyond a shadow of a doubt Prolong has no equal in the world. ; No Equal In The World, Ma, (Ad depicts endorser standing in front of a boat) I' used slick 50, I' ve used Duralubei I' ve used everything in the world trying to just get that little extra out af that engine. And with Prolong immediately I noticed that I had to change the RPMs on my idle. Which means to me as a mechanic means that there s not as much friction in that thing. Just with the oil, I noticed about an 18% increase in my fuel efficiency! I=., Gordon Mahar, Pres. Denali Wilderness Adventures, Alaskal Announcer All these motor oils fail at around 5-12 foot-pounds on the friction machine. (Ad depicts graph explain further here) But look what happens when Prolong is added. It turns them all into super lubricants, sending them completely off the scale! Complaint 128 FTC. EXHIBIT A no matter what motor oil you use in your car, when Prolong is added, ; Premium Motor Oil\ it simply becomes a super lubricant that creates the low friction surface you need for the ultimate in protection and performance. Without Prolong; 1=, With Prolong) "The Ultimate In Protection And 1=, Performance " J This means you prolong engine life, J.ncrease gas mileage and have a smoother running engine with less breakdown. Which saves you money! : Prolong Engine Life; Increase Gas Mileage; Smoother Running Engine; Less Breakdownsj ( : Saves You Money!) Prolong has been tested and proven around the world for years. In heavy industry, commercial and automotive applications. It contains no solid particles, and is compatible with other oils and lubricants including synthetics- Now, Prolong is available to the general public! In a complete car care kit! This is very impressive! And I have not seen anything that is this good.

The fact is that in comparison to the leading brands that I ve aware of that we see on TV, or household names that we PROLONG SUPER LUBRICANTS, INe. 575 549 Complaint EXHIBIT A become familiar with over the last 20 years, I mean, it just beat it hands down.

Whatever it coats it' scertainly worthwhile to put it to Y=' protect, like you said earlier it I S a life insurance policy that. comes in a container! Announr.p.r Now, you can have the Prolong engine treatment plus the Prolong transmission treatment which gives you smoother shifts and extends t e life af your transmission. Smoother Shifts; Extends Life! Mcclintick This transmission was probably due for some serious service, like being rebuilt, and I decided well, I'll put it off and I just " Prolonged" it, and it held in there for, like I say. another 40- 50, 000 miles! Ken McClintick, Aerospace Engineer 1 Annnunr.p.r You also get the Prolong fuel system treatment which cleans your fuel system and treats the top part of your engine to improve gas mileage and increase performance. Complaint 128 FTC. EXHIBIT A St"rnmmlist It went up by 10 miles a gallon easily! Yes, it is wow. " I mean m happy! m happy! ; Bertha Stromquist, Accountant) ; Your mileage may vary). Announcer You get the engine, transmission, and fuel system treatments all three for only $39. 95. ( : $39. 95/ (=,1- 800- 533- 5100) And if you order right now, we '11 include at no extra cost, the Prolong SPL 100 -- Super Penetrating Lubricant that outperforms WD40, Liquid Wrench, and all other spray lubricants hands down! It can be used at home or on the job! bicycles, hinges, locks, sliding doors, rusty bolts, and a thousand other applications. And for a limited time we ' 11 include this multi-purpose precision oiler, and for those smaller hard- to- reach areas that require a light oil. Good for sewing machines, electric motors, clocks, toys, fishing reels, to name a few! You get the engine transmission, and fuel system treatments as well as the Super Penetrating Spray Lubricant and the precision oiler, all containing the patented Prolong formula! For only $39. 95, but you have to order now! : $39. 95 1- 800- 533- 5100) Operators are standing by, have your credit card ready, and call the number on your screen right now, or send check or money order for $39. 95 plus shipping and handling to: PROLONG SUPER LUBRICANTS, INe. 577 549 Complaint EXHIBIT A Prolong Super Lubricants, PO Box 6879, Burbank, California 91510. Prolong the life of your car with Prolong Super Lubricants! No equal in the world! (On- screen super depicts address and ordering information) Can Prolong actually set an undisputed world I s record by running an engine five hundred hours with no oil while being revved over 4. 000 RPM? Watch the crowd I s reaction, and the hour meter on the engine! Unid!'ntifjed Df'!T!mn (depicted pointing to an engine!: We have a motor that has gone over 500 hours, running without oil in it. And the only protection it' s enjoyed during that period is in fact the Prolong.

Ann01JnCer Now, from the extraordinary to the amazing, Sandra Bartley has gone an unbelievable 4 hours and 40 minutes with no oil, no oil filter, or oil plug! : 4 HR 40 MIN 7 SEC) She s been in stop- and- go city traffic on a hot Summer day in southern California. Freeway driving above 60 miles per hour, as well as steep hilla which really put a strain on the engine. Let' s see what happened that finally stopped the car! , Complaint 128 FTC. EXHIBIT A We stopped to eat I we were hungry! You know we needed some sustenance! Sandra Bartley, Motorsports) But it was great; it was relaxed it was great. We had the air conditioning running about 90% of the time, we went through a lot of high inclines and down; a lot of altitude changes, and a lot of city traffic. That I s why it took over 4 hours to get from Los Angeles to Santa Barbara. It was fabulous. m completely amazed and I can I t believe that I got into a car wi thout oil and trusted all these people, and drove to Santa Barbara, and I don t think that any woman should ever leave her house without being protected by Prolong Super Lubricants! ( : Linda Kuester, Health Care Administrator) Ant1C111ncer Now we re going back to J. E. Pistons where Elton has drained the oil out of a Chrysler v- a engine, and you can see it' s empty by the window installed in the oil pan. He has the valve covers removed, and now he s going to do something you have to see to believe! : For Demonstration Purposes Only; Always Follow MFG Instructionsl All these demonstrations show you that Prolong can protect your engine, even under extreme conditions! PROLONG SUPER LUBRICANTS, INC. 579 549 Complaint EXHIBIT A Alco.p.rman Now we I re going to put it through the test, or even worse. re going to pour 30me sand in here, and pour it across the top of that.

I mean this one of those tests that I s never been done before. I mean, they re actually pouring sand inside this engine.

Aldp.rman Absolutely! And the engine is running just as smooth as it was a moment ago when it had oil in it. He wants you to pour some more in it, Mike. Yeah, go ahead! Let' s put it to the real test! Unidp.nt"if;p(l voice I I m going to rev it up more! Isn I t that incredible?! Aldf!Tman Now on top of that, we I re going to do something different. e going to cut the water hose. So no oil.

Complaint 128 FTC. EXHIBIT A Aldp-rman No oil.

No water. Eu A 1 dp.rman: No water.

And sand in the engine! Eu ' Alr1!"rman: And sand in the engine! And still Prolong keeps it running? Eu 101 r1!"rman: Absolutely.

Am I going to get hurt? Eu ' Alderman Step back a little bit, Mike.

I'll step back more than a little bit. Eu ' ( , PROLONG SUPER LUBRICANTS, INC. 581 549 Complaint EXHIBIT A Look at that. Isn t that amazing; you know what, this engine s running just as smooth as it did a minute ago! ahead, rev it up! Unident i fi ed vni r.P. I don I t believe it! OK, the engine was treated with Prolong prior to all these tests. You can rev it up now; OK, ga ahead. Look out fellaa! Isn ( t this amazing? 5000 RPM) A 1 c1p.rman: It' s incredible. Look at that! 1"" ' It should have blown up a long time ago! Now what I' m fascinated by is, it I B still running just as smooth as when they first started. I mean, it' s not only running but it' running smoothly. 5000 RPM; No Oil! No Water! 10 Ibs. Sand In The Engine) That I think is probably the ultimate test of all time, ladies and gentlemen. when it comes to a product. I mean here what we I ve done is we I ve taken all of the oil out, all of the water out it' s been treated with Prolong, poured sand on the engine, and it I s still running as if it were a brand new engine! What an incredible, incredible Complaint 128 FTC. EXHIBIT A display of a product that just can t be beat! You will- never, ever see another demonstration like that with any ki d of product. Congratulations to you! Alrlp.rman Thank you! You did a great job! Annnuncer: If any of you are wondering what happened to the engine, here I s the oil pan later when they took it off. Look at the sand and water! TJniop.ntifip.c1 vn;r.p!= Haly cow! Man! Whoa! Annnunr.er Now watch this. They left it off, and with no oil pan, held the engine at 6, 000 rpms! You can see the bare crankshaft at the bottom of the engine. If any of you are still wondering how well Prolong protects an engine, here is proof that you can see wi th your own eyes.

Remember I told you earlier in the show about the Prolong $1 million challenge? Well, here it is! If any oil PROLONG SUPER LUBRICANTS, INC. 583 549 Complaint EXHIBIT A company in the world accepts the Prolong challenge, and proves through identical tests that it makes a better engine treatme than Prolong, without infringing on the prolong patents, then the Prolong Super Lubricant company will write a check for $1 million to the charity of their choice! That' 8 how confident we are in this marvelous product! It is our $1 million challenge! We know that what we have is truly the best! It I S Prolong! There I S no equal in the world! : Grand Finale With Al Unser) ( Paid Commercial Program For Prolong Super Lubricants J Announcer Coming up, the grand finale of the Prolong World challenge with Al Unser.

Whether your car is old or new, the sooner you add Prolong, the better! The Sooner; The Better) Because up to 70\ of friction and wear occurs at startup, ( : 70\ Engine Damage on Start-Up) before your engine is coated with motor oil! Friction causes heat, which leads to engine wear, poor performance, lower gas mileage, and even engine breakdown. : Friction Causes Engine Wear; Poor Performance; Lower Gas Mileage! Complaint 128 FTC. EXHIBIT A Snp-l1ino Starting a car first thing in the morning, cause there s no oil protecting that motor. : Jim Snelling, First Lane Racing Schoolr None. There s no friction protection all. Now what you get, and most people don t understand is, that I S were you get the wear and tear on rings and pistons. And over a period of years, that I what wears on motors and that' why you have to have it re- ringed and re-valved, and everything else! What about this? (Indicating a bottle of Prolong Engine Hu Treatment concentrate) Snpl1 ina I think you I ve got something that' s going to protect that, I definitely think you do.

Announcer: Prolong Engine Treatment with its patented formula makes regular motor oil perform like a super lubricant. lad depicts add whatever) Today' s motor oils are better than ever. But they do have their limitations. prolong creates a lowfriction surface by bonding to the metal, providing constant protection and instant lubrication on startup. This means you prolong engine life, improve performance, and increase gas PROLONG SUPER LUBRICANTS, INC. 585 549 Complaint EXHIBIT A mileage. Which saves you money! , Prolong Engine Life!; Improve Performance! Increase Gas Mileage! 1 ; Saves You Money! J There are 29 buEWs that are .in service right now for. :I the city of Red Deer and savings of approximately $16 , ooo/year just with those 29 buses, Doug Thorson, Mechanical f=' Superintendent, City of Red Deer) Total savings per year of $17 000. After that one year, we changed the whole fleet over to Prolong, and we haven I t looked back since. : Dave Webster, Manager, Firemaster Oilfield Services Ha ' It I S a wonderful transition, and the best way I can describe the transition ( : Gary Hall, Pres. Hall Pantera Paramount, CAr, i I s like taking a cube of butter which is real frozen; sticking a knife in it, and trying to move it. And then you take the same cube of butter after it' s been out in the air for a couple hours, and it' s got soft and you put your knife there and you move it real easy. Now that' s the difference with Complaint 128 FTC. EXHIBIT A the way the car shifts without Prolong, or with prolong. I mean it' s a vast improvement.

Even in the gearbox you can do your awn test. Change the E; , oil, put ail run the thing for awhile. Put your hand an it - - hat. Put same Prolong in. Run it for the same interval of time again; put your hand an it. Not as hat. There s an easy test for anybody to try! Robbin J. Edgar, Agricul tural fs., Equipment Contractorl Annnllnr.p.r Now, Prolong is available to the general public in a complete car care kit. Follow your manufacturer I s service recommendat ions but always insist on Prolong to give you car the extra protection it needs. Treating your car with Prolong is simple; just pour it in; and it starts working immediately. You get the engine, transmission, and fuel system treatments, as well as the Super Penetrating Spray Lubricant and the precision oiler all containing the patented Prolong formula, for only $39. 95. But you have to order now. : 1- 800- 533- 51001 Operators are standing by; have your credit card ready, and call the number on your screen right now, or send $39. 95 plus shipping PROLONG SUPER LUBRICANTS, INe. 587 549 Complaint EXHIBIT A and handl ing to: Prolong Super Lubricants, P. O. Box 6879, Burbank, California 91510. Prolong the life of your car with Prolong Super Lubricants! No equal in the world! (Ad depicts ordering information) Alright lets go back to Willows Springs International Raceway where they have the checkered flag, it should be coming in! Al Unser got the checkered flag; he was supposed to 1J, pull in, pulled into the pit. hut suddenly iloorboarded it, and took it out again; and he' s on a very fast lap right now. don r t really know what AI' 8 trying to do! Al Unser, you took another lap! You were supposed to pull in; what' s the story! I just didn' t believe that it would make it, so I just il had to try one more lap. I said, it can t make it, and the thing is still running good. The oil light never went off, or the gauge ever moved.

How fast were you going the final lap? 1J, Well back in the back, back there, I ran almost 90 mph! il Complaint 128 FTC. EXHIBIT A with no oil. Hu With no oil in it. I can t believe it! I1 ' Unbelievable! Hu Yes it is; it really did too! I1 , ve run many tests on many products, in the hundreds, EJ , and none of them ever really worked. None of the oil additives we tested; this was the first one I' ve ever seen that really seems to be what it claims.

I was saying, you know, I' m driving this car a lot harder .s ' that if I was just city driving, or freeway driving; I mean, I was up shifting, and down shifting with the automatic transmission; I was putting it through a lot of strain. I would have never dreamt of going in an automobile that long without any oil Never ran better! Unbelievable! I finally got these guys out of my way! I was genna run Unser dawn! But he told me , PROLONG SUPER LUBRICANTS, INC. 589 549 Complaint EXHIBIT A yesterday, if you fall down, don t let me run over you, and I wasn ' t worr ed about that. I was cooking it up pretty good, too and if they would have turned me out of here this afternoon, I think I would have gone back to Texas.

How fast were you going7 fu, I was running 85 and 90.

HlIffmi'n With no oil? Nir.hols No oil! You just put the sticker - - or put a Prolong sticker over the oil light, and kept going! You know, so it won t bother you! with the conditions we ran today, would you try Prolong fu, Super Lubricants in your own car? I need an oil change. it r S right over there. So put it in there right now; let' s go. If we drained these, we can drain that one! No big deal; it' s high you don' t even have to put a lift on it! Complaint 128 FT.C. EXHIBIT A Want me to drain yours? I!, Sure! You got a wrench? . I!, Yep! Here, let' s go do it. I!' Alright! That' s a believer! I!' No problems! The thing still runs good right now It' I!' hard to believe; it' s incredible! It is incredible; Prolong Super Lubricants; I guess it !I lives up to the name! Yes, it does! I I m really surprised, now I mean that! I!' PROLONG SUPER LUBRICANTS, INC. 591 549 Complaint EXHIBIT A : Lubricants on this program other than Prolong are shown for comparative purposes only and are not intended as an evaluation of their efficacy. None of the following companies are affiliated with nor do they sponsor this product. Pennzoil is a registered trademark of Pennzoil Products Co. STP is registered trademark of First Brands Corp. Quaker State is registered trademark of Quaker State Corp. Mobil is a registered trademark of Mobil Oil Corp. Slick 50 is a registered trademark of Petrolon Management, Inc. Dura- Lube is a registered trademark of Howe Laboratories, lnc. IR is a trademark of Sun Coast Chemicals of Daytona, Inc. Lubricator 2001 is a trademark of Turtle Wax, lnc. Tribotech is a registered trademark of Simon Petrochemicals, Inc. WD0 is a registered trademark of WD 40 Co. Liquid Wrench isa registered trademark of Radiator Specialty Co. CRC is a registered trademark of CRC Industries Inc. Telton is a registered trademark of E. I. Dupont Inc. Castrol Syntec is a registered trademark of Castrol North American Automotive Inc. Havoline is a registered trademark of Texaco Refining and Marketing, Inc- Valvoline is a registered trademark of Ashland Oil, Inc.

Complaint 128 FTC. EXHIBIT A Anno\Jnr:p.r The preceding was a paid program for Prolong Super Lubricants.

: Prolong Super Lubricants. The preceding was a paid commercial program for Prolong Super Lubricants. prolong International Corp. A public company traded OTe - Symol PROL. The preceding tests were for demonstration purposes only. Do not attempt any of these demonstrations - PROLONG SUPER LUBRlCANTS, INC. 593 549 Complaint EXHIBIT B EXHIBIT B ... ,. . . Complaint 128 FTC. EXHIBIT C EXHIBIT C FACT Io ro co be /c/i wWi Prol You Should Know About The pr, Products In Your Prolong miwioiinl50.darcy.,hodw(yoorl.-ha".ID roClfabolt iI 1Ilb. iG brd.Ju /'lq Ddl1 e Car Care Kit It\ nlfomoJ'a-rwly 5CQ(0X1a1",i.;m;w bdciprloon YOl""owthmm !win I'... rJ .. tn.. nwro oi I1an..ad...,co Pr s. n- .. Thj wi, Eq in t WIW Tnt dci"Cfblrmd Pr o/. -..nit ..;alMoilbm $1,00.00 wo clu ui!. !ewim 3ra! es.,wi ThfPrOl mdFuSy CQpo favrpr.nl1rmtmQ\01oi infouProloc. tbrn lrjp,.oq. arth c.tiprO: yc..ar=d In.rdfid inros1 Wb yo drw nnaracaCl wim ...,mile m 1r, ,. ..",r flro hoer hr th Pton,E- Proj wiu prteC! Jou ca or ""fr ""-frti an we 1Eat, p"W' iK L.ye JoJpntIirsuwiadd"" tN( ba (\:m. ma, IE' lnyc inPnan E. 'I1m. fu llin'opI s, Tr 'l"ida3,.erl dri RT- aI)Q \oilli Shffololrf prec!ioanO(MIl=isyO==(OOLneith P"'/""g of mi' -1J1t/!by lma!l _rt of" '1" pr qu" LntJldcvchida,YOOwin01iclhdi=iPpeor- The is no need co Tt' lI"j ai nhido,""Qn from "J whe adng ""=iiimo: coodnu quit' lio; Whn tW hm Prlo Eng Tr,", " thquit!a a.",-hyot\1h=-Sd wiccrhpcr:Jnrh)"Oc.Of noncrolnanQi.frfO='1 uuk:is etap' IQ'l-filn)' u.Pror t-JlWpo;rin.1' yo=onj'\oYooPrOl r-:O EQlf!\L 1:- THE \VORLD"

. . ::. .\. ...; ,, (. \ , . (: PROLONG SUPER LUBRICANTS, INe. 595 549 Complaint EXHIBIT C Ir- , TESTIMONIALS "'.L- Prlon will unbrey m'olurioniz d1 lnricaoni.U5. DELUX CAR Chie= E CARE KIT (:i: ':l=;t\. TL1.-\TJl 11 re deribe mcrion an we ofPrlon Enne TRa01nr fo.lid torehavepenn.a sigcaTh weaprotreucinwa temcffc:cL...frriW3-reucedtaccupupto 38.to 51-6%,7% an Wnu W3 rauce up to 78%.

!k Na. STIB fB70J3 a:. I didn' t: mink it wo ru th lo (sp- ing eX II YS tecnc: mar wa m1IU th an ho wim no oi1 ,.r" noaf orwattaherbeinm.withProlo A1lhSr 4Iklf'S/ Enine TrQIInc:mJ. I've nea rm anytin Yik !vejup. flWbt: rfor I! U a. dt pr. ... YQU ;rablDfi/u (I: IdKir m roiTt to pt(.Ie in my ca. WorOs), Prolos- h:,,"N icth'tor' Lm). Bin, PE You l! c:xpc:de.ce remarlable FarCNF. smQOU\Ie.u in your engine rhr willptovide Aw CQ. af you with an C)tC1 ede of cOrUiden' and protection, whcnever you 8t mmoring.

So.;wI.l(io onawicMiciI ".dc.n to th Sup faly Pr l.t: (Q 1996 PROWNG SUPER UJRICAfW CA 9180 An s.. Decision and Order 128 FTC. 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 San Francisco Regional Office 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 attorney, 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, or that the facts as alleged in such complaint, other than jurisdictional facts, are true 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 has violated the said Act, and that a 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 Prolong Super Lubricants, Inc., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Nevada, with its offce and principal place of business located at 6 Thomas, Irvine, CA.

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.

PROLONG SUPER LUBRICANTS, INC. 597 549 Decision and Order ORDER DEFINITONS For purposes of this order, the following definitions shall apply: 1. "Competent and reliable scientific evidence shall mean tests analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that have been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

respondent" shall mean Prolong 2. Unless otherwise specified Super Lubricants, Inc., a corporation, its successors and assigns and its officers and each of its agents, representatives and employees. 3. "Commerce shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U. C. 44.

It is ordered, That respondent, directly or through any corporation, subsidiary, division, or other device, in connection with the labeling, advertising, promotion, offering for sale, sale, or distribution of Prolong Engine Treatment Concentrate or any other product for use in a motor vehicle, in or affecting commerce, shall not make any representation, in any manner, expressly or by implication that:

a. Compared to motor oil alone, use of such product: (1) Reduces engine wear at start-up; or (2) Extends the duration of engine life under any or all circumstances or conditions or by any quantitative figure, unless, at the time the representation is made, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation.

b. Use of such product:

(1) Reduces corrosion in engines; or (2) Protects against engine breakdowns under any or all circumstances or conditions or by any quantitative figure, unless, at the time the representation is made, respondent Dccision and Order 128 FTC. possesses and relies upon competent and reliable scientific evidence that substantiates the representation.

c. Benefits that may be achieved through use of such product in race cars or under racing conditions will be achieved in ordinar automobiles in conventional use unless, at the time the representation is made, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation.

II.

It is further ordered That respondent, directly or through any corporation, subsidiar, division, or other device, in connection with the labeling, advertising, promotion, offering for sale, sale, or distribution of any product in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, about the performance, benefits, efficacy, attributes, or use of such product unless, at the time the representation is made, respondent possesses and relies upon competent and reliable evidence, which when appropriate must be competent and reliable scientific evidence, that substantiates the representation.

It is further ordered That respondent, directly or through any corporation, subsidiary, division, or other device, in connection with the labeling, advertising, promotion, offering for sale, sale, or distribution of any product in or affecting commerce, shall not misrepresent in any material manner, expressly or by implication, the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research.

IV.

It is further ordered That respondent, directly or through any corporation, subsidiar, division, or other device, in connection with orthe labeling, advertising, promotion, offering for sale, sale, distribution of any product in or affecting commerce, shall not represent, in any manner, expressly or by implication, that the experience represented by any user testimonial or endorsement of the product represents the typical or ordinary experience of members of the public who use the product, unless:

, PROLONG SUPER LUBRICANTS, INC. 599 549 Dccision and Order A. At the time such representation is made, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation; or B. Respondent discloses, clearly and prominently, and in close proximity to the endorsement or testimonial, either: I. What the generally expected results would be for users of the product, or 2. The applicability of the endorser s experience to what consumers may generally expect to achieve, and if appropriate, that consumers should not expect to experience similar results. For purposes of this Part endorsement" shall mean such word as defined in 16 CFR 255.0(b).

It is further ordered That respondent, directly or through any corporation, subsidiar, division, or other device, in connection with the labeling, advertising, promotion, offering for sale, sale, or distribution of any product in or affecting commerce, shall not misrepresent in any material manner, expressly or by implication, that any demonstration, picture, experiment, or test proves, demonstrates or confirms any material quality, feature, or merit of any such product, or the superiority or comparability of the product in a material respect relative to any other product. VI.

It is further ordered That respondent Prolong Super Lubricants Inc., and its successors and assigns, shall, for five (5) years after the last date of dissemination of any representation covered by this order maintain and upon request make available to the Federal Trade Commission for inspection and copying:

A. All labeling, packaging, advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and C. All tests, reports, studies, surveys, demonstrations, or other evidence in its possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for the Dccision and Order 128 FTC. representation, including complaints and other communications with consumers or with governmental or consumer protection organizations. VII.

It is further ordered That respondent Prolong Super Lubricants Inc., and its successors and assigns, shall deliver a copy of this order to all current and future principals, offcers, directors, and managers and to all current and future employees, agents, and representatives having responsibilities with respect to the subject matter of this orqer and shall secure from each such person a signed and dated statement acknowledging receipt of the order. Respondent shall deliver this order to curent personnel within thirty (30) days after the date of service of this order, and to future personnel within thirty (30) days after the person assumes such position or responsibilities. VII It is further ordered That respondent Prolong Super Lubricants Inc., and its successors and assigns, shall for five (5) years after the date of issuance of this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying signed receipts received pursuant to Part VII ofthis order. IX.

It is further ordered that respondent Prolong Super Lubricants Inc., and its successors and assigns, shall notify the Commission at least thirty (30) days prior to any change in the corporation that may affect compliance obligations arising under this order, including but not limited to a dissolution, assignment, sale, merger, or other action that would result in the emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or affliate that engages in any acts or practices subject to this order; the proposed filing of a bankptcy petition; or a change in the corporate name or address. Provided, however, that, with respect to any proposed change in the corporation about which respondent learns less than thirty (30) days prior to the date such action is to take place, respondent shall notify the Commission as soon as is practicable after obtaining such knowledge. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 20580. PROLONG SUPER LUBRICANTS, INe. 601 549 Dccision and Order It is furlher ordered That respondent Prolong Super Lubricants Inc., and its successors and assigns, shall within sixty (60) days after the date of service of this order, and at such other times as the Federal Trade Commission may require, fie with the Commission a report in writing, setting forth in detail the maner and form in which it has complied with this order.

XI.

This order will terminate on November 22 2019, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of: A. Any Part in this order that terminates in less than twenty (20) years;

B. This order s application to any respondent that is not named as a defendant in such complaint; and C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order wil terminate according to this Part as though the complaint had never been fied, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

Commissioner Leary not participating.

Statement 128 FTC. STATEMENT OF COMMISSIONER ORSON SWINDLE CONCURRING IN PART AND DISSENTING IN PART The Commission has issued a consent order settling allegations that Prolong Super Lubricants, Inc. , et al. ("Prolong ), made unsubstantiated claims about the attributes and benefits of Prolong motor oil additive. I support the provisions in the order prohibiting Prolong from making such claims in the future without adequate substantiation.

The order, however, also contains provisions prohibiting Prolong, in connection with the sale of any product, from misrepresenting the existence or results of tests and from misrepresenting that a demonstration confirms the benefits of a product. While firms should not misrepresent the existence or results of tests or demonstrations it is inappropriate to include specific establishment and demonstration requirements as remedies in an order without corresponding complaint allegations. In this case, and in others from the recent past there is a troubling lack of symmetry between the complaint and the order.

Accordingly, I dissent as to paragraphs II and V of the order. VNUN. 603 603 Complaint