BodyFlex to Offer $2.6 Million in Refunds

September 1, 2004

• BodyFlex to Offer $2.6 Million in Refunds • FTC Charges BodyFlex with False Advertising --- • Consumer complaints

Marketers of the BodyFlex System have agreed to set up a $2.6 million consumer refund program and to stop making false weight-loss claims. The Federal Trade Commission sued the company last year, alleging that it deceptively advertised that BodyFlex causes users to lose from four to 14 inches in the first seven days.

BodyFlex is an 18-minute routine involving stretching, deep breathing, and exercises with the BodyFlex Gym Bar -- a plastic exercise bar with a resistance band. In 2003, the defendants promoted BodyFlex in a heavily-aired national infomercial and on the Internet at www.bodyflex.com. The ads claimed, "in just seven days you can lose from four to 14 inches guaranteed with BodyFlex Plus."

The FTC"s complaint charges that the defendants made false and unsubstantiated claims that:

1) BodyFlex causes users to lose from four to 14 inches across six body areas in the first seven days without reducing calories;
2) BodyFlex causes users to burn enough body fat to achieve the claimed inch loss in the first seven days; and
3) a clinical study proves that BodyFlex causes significant fat loss and inch loss in the first seven days.

The proposed settlement, which must still be approved by the court, bans the defendants from making the false claims challenged in the complaint. It also prohibits the defendants from making claims, for any product, service, or program that purports to provide weight-loss, inch-loss, fat-loss, exercise or fitness benefits, and for any dietary supplement, food or drug, without scientific substantiation.

The order further prohibits the defendants from misrepresenting test or research results for any of these covered products, services, or programs.

Under the refund program, dissatisfied consumers will have an opportunity to receive either a full refund or a pro rata share, depending on the consumer response to the refund offer.

Savvier LP, one of the defendants, will send notices to BodyFlex purchasers describing how they can receive a refund. After the refund program is completed, any unused funds will be disgorged to the U.S. Treasury. The FTC has established a consumer hotline number for BodyFlex: 202-326-2935.

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