)
)
In the Matter of )
)
ICON HEALTH AND FITNESS, INC., )
IHF HOLDINGS, INC., and )
IHF CAPITAL, INC., )
corporations. ) DOCKET NO.
)
)
)
The Â鶹´«Ã½ Trade Commission, having reason to believe that
Icon Health and Fitness, Inc., IHF Holdings, Inc., and IHF
Capital, Inc., corporations ("respondents"), have violated the
provisions of the Â鶹´«Ã½ Trade Commission Act, and it appearing
to the Commission that this proceeding is in the public interest,
alleges:
1. Respondent Icon Health and Fitness, Inc. is a Delaware
corporation with its principal office or place of business at
1500 S. 1000 W., Logan, Utah 84321.
2. Respondent IHF Holdings, Inc. is a Delaware corporation with
its principal office or place of business at 1500 S. 1000 W.,
Logan, Utah 84321.
3. Respondent IHF Capital, Inc. is a Delaware corporation with
its principal office or place of business at 1500 S. 1000 W.,
Logan, Utah 84321.
4. Respondents have advertised, labeled, offered for sale,
sold, and distributed exercise products to the public, including
the "Proform Cross Walk Treadmill," the "Proform Cross Walk
Plus," and the "Proform Cross Walk Advantage" ("Cross Walk
Treadmill[s]"), which are motorized treadmills.
5. The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Â鶹´«Ã½ Trade Commission Act.
6. Respondents have disseminated or have caused to be
disseminated advertisements for Cross Walk Treadmills, including
but not necessarily limited to the attached Exhibit A. This
advertisement contains the following statements and depictions:
SUPER: "Erin Waite
Exercises 4 times per
week on her CROSSWALK."
Consumer endorser: "From the time I first
started using the Crosswalk I have lost
almost 30 pounds."
. . . .
SUPER: "Barbara Veltrie
Exercises 5 times per
week on her CROSSWALK."
Consumer endorser: "I've taken off over 60
pounds now."
. . . .
SUPER: "Tim Rose
Michelle Rose
Exercise 3 times per week
on their CROSSWALK."
Consumer endorser (Michelle Rose): "I went
from a size 12 down to a size 8."
SUPER: "Erin Waite
Exercises 4 times per
week on her CROSSWALK."
Consumer endorser: "About the time I got to
a size 4, my secretaries at work started
asking me, `What are you doing?' And I told
them and both of my secretaries have bought
one also."
. . . .
Narrator: "Work more muscles, burn calories
faster, reach your target heart rate more
quickly -- all in a low impact workout that
burns up to 1,100 calories an hour."
. . . .
Narrator: "Burn up to 1100 calories per
hour!"
(Exhibit A)
7. Through the means described in Paragraph 6, respondents have
represented, expressly or by implication, that users of the Cross
Walk Treadmill will burn calories at a rate of up to 1,100 per
hour under conditions of ordinary use.
8. Through the means described in Paragraph 6, respondents have
represented, expressly or by implication, that they possessed and
relied upon a reasonable basis that substantiated the
representation set forth in Paragraph 7, at the time the
representation was made.
9. In truth and in fact, respondents did not possess and rely
upon a reasonable basis that substantiated the representation set
forth in Paragraph 7, at the time the representation was made.
Respondents obtained the 1,100 calorie figure from a study that
measured the rate of calorie burn of persons who had exercised to
the point of exhaustion. Such "maximal exertion" tests are not
appropriate measures of the number of calories people can burn
during ordinary exercise because they measure calorie burn at a
level of exercise intensity that is unsustainable for more than
an extremely short period of time. Therefore, the representation
set forth in Paragraph 8 was, and is, false or misleading.
10. Through the means described in Paragraph 6, respondents have
represented, expressly or by implication, that testimonials from
consumers appearing in advertisements for the Cross Walk
Treadmill reflect the typical or ordinary experience of members
of the public who use the product.
11. Through the means described in Paragraph 6, respondents have
represented, expressly or by implication, that they possessed and
relied upon a reasonable basis that substantiated the
representation set forth in Paragraph 10, at the time the
representation was made.
12. In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representation set forth in Paragraph 10, at the time the representation was made. Therefore, the representation set forth in Paragraph 11 was, and is, false or misleading.
13. The acts and practices of respondents as alleged in this
complaint constitute unfair or deceptive acts or practices in or
affecting commerce in violation of Section 5(a) of the Â鶹´«Ã½
Trade Commission Act.
THEREFORE, the Â鶹´«Ã½ Trade Commission this day of
, , has issued this complaint against respondents.
By the Commission.
Donald S. Clark
Secretary
SEAL:
[FADE IN DISCLAIMER:] This program is a paid advertisement
presented by Proform Fitness Products, Inc.
{Interior of exhibit hall}
[Indistinct sounds, the rustle of milling bodies, muted voices,
the cacophony of musical instruments warming up.]
Hold it, hold it. Okay, everyone, let's go
again in five.
[HOUSE LIGHTS UP... revealing the interior of a LARGE EXHIBITION
HALL, as we realize we're in rehearsal for a much larger show to
come.]
Joel, if you wanted a part, all you had to do
was ask.
Sorry Kelly. I just need to borrow this one
machine.
Not right now you don't. I am still...
No. No. No. I'll have it back in plenty of
time for the show--
Joel ... In less than 24 hours, this building
is going to be filled with people and-- call
me crazy-- but it seems like it might be a
good idea to get through a rehearsal of the
real choreography, with real machines!
Okay, okay. It's just that Bill thinks we're
gonna need another Crosswalk upstairs.
I can relate. Hey, I'm still waiting for the extra one I asked for... That's fine.
So--how's it going up there in the daylight?
Well, we're only spreading the incredible new
information about walking and unveiling the
hottest new equipment since the Original
Crosswalk....
Other than that, it's just another ho-hum
Fitness Expo.
Well, good luck--
But Joel, I still have to have this machine.
{Switch to different set}
{SUPER: Peggy Fleming, Olympic Skating Champion}
Hi, I'm Peggy Fleming, with news that will
probably surprise you as much as it did me.
Did you know that the latest research shows
that walking is the most efficient method for
burning fat calories and losing weight?
It's true. And to take advantage of that
fact... plus all the benefits of total body
fitness... nothing works like the Proform
Crosswalk.
In fact, it's been such a phenomenal success, that
now Proform has created two new Crosswalk models,
which we'll be introducing in just a minute.
{SUPER: BURN MORE FAT}
I've seen all the ways the Crosswalk can help
you burn more fat...
{SUPER: SHAPE & TONE}
shape and tone your body...
{SUPER: REDUCE STRESS}
reduce stress...
{SUPER: CARDIOVASCULAR IMPROVEMENT}
and build your cardiovascular system. Not to
mention making the most of what little time
we have for exercise these days. I wouldn't
be here if I didn't believe you can have the
same success.
So stay right where you are to learn how to
put the news about walking....and all the
versatile benefits of Crosswalking... to work
for you.
{Switch to different set}
[The VIP room is a convention suite/hospitality room, where a
large gathering (10+) of people are mingling. A TV monitor is
positioned in one corner.]
[Three Crosswalk machines are positioned strategically around
room, draped as if ready for "unveiling." Also in room are Marty
Townes, V.P. Marketing for Proform, Bill Hansen, Proform Chief
Engineer, and our "cast of interested information-seekers:" Sue,
a TV reporter; Tom, a fitness writer; Mike, an equipment buyer;
and Carrie, a trainer.]
Okay, everybody, I think we're just about
ready to get started. On behalf of Proform,
we'd like to thank everybody for coming here
today.
I'm Marty Townes, Proform's Marketing
Director...
... and this is Bill Hansen, our Chief
Engineer.
Now, I know the Fitness Expo doesn't start
until tomorrow, but this is going to be a
very big year for us.
And we'd like to give you just a sneak
preview of what we humbly consider the future
of home fitness.
We'd like to share with you some of the
thinking behind this new line of Crosswalks.
With the original Crosswalk, we knew we had
something special. We just didn't know how
special.
Now, most people assume that the more you
sweat, the more fat you lose.
No pain, no gain.
Exactly. But, the latest research shows
something very different: That a consistent,
moderately intense workout is actually the
best method for burning fat calories and
losing weight.
You mean you don't have to kill yourself to
lose weight.
[Bill moves to TV monitor]
Well, that's right. But even more important
to us than scientific findings, is that
there's proof right here that real people are
getting real results with the Crosswalk.
Now, here are some interviews with actual
Crosswalk owners.
[CUT to Monitor, where Bill has cued up consumer testimonials.]
[DISSOLVE to full screen consumer testimonials.]
{SUPER: Erin Waite
Exercises 4 times per week on her CROSSWALK.
From the time I first started using the
Crosswalk I have lost almost 30 pounds.
SUPER: Pat Herman
Exercises 3 times per week on her CROSSWALK.
This is the first piece of equipment we've
ever had that has really motivated me.
SUPER: Barbara Veltrie
Exercises 5 times per week on her CROSSWALK.
I've taken off over 60 pounds now.
SUPER: Elaine Williams
Exercises 10 times per week on her CROSSWALK.
When you get to 71 like I am and your doctor
asks you to exercise or walk mainly. And in
the wintertime it's very difficult sometimes
on account of the snow and the rain and you
don't feel like you want to do that. You get
on the CrossWalk for 30 minutes. Oh and you
feel like... Well, I probably feel like I am
about 40.
SUPER: Tim Rose
Michelle Rose
Exercise 3 times per week on their CROSSWALK.
I went from a size 12 down to a size 8.
SUPER: Erin Waite
Exercises 4 times per week on her CROSSWALK.
About the time I got to a size 4, my
secretaries at work started asking me, "What
are you doing?" And I told them and both of
my secretaries have bought one also.
SUPER: Pat Herman
Exercises 3 times per week on her CROSSWALK.
That's why everyone should have one. I'm
serious.}
{Switch back to "VIP" room set}
It's very clear that the Crosswalk phenomenon
is growing. Fast. We need to stay one step
in front of the momentum. And that's what
led to Crosswalk...the Next Generation.
...the Proform Crosswalk Plus... additional
features and convenience in a sleek,
streamlined design ...
...and our top of the line... the Crosswalk
Advantage... precision engineering and the
latest technology...
...two new models to join our best-selling original
Crosswalk ...in a complete Crosswalk line.
So...they're like a sidewalk that never ends
Or gets rained on....
These are all motorized treadmills. Correct?
That is such an important question and the
answer is yes, because only a motorized
treadmill will keep you at a consistent pace,
within a comfortable fat burning zone. In
fact, the Crosswalk burns over 20% more fat
calories than a manual treadmill.
Unlike regular walking, or regular
treadmills, the Crosswalk gives you quicker
results, and overall better muscle toning,
because the resistance arms involve your
upper body, as well.
Listen. I'm sure you'll have lots of other
questions after you've seen the machines in
action. So go ahead and spend some time with
them now... Bill and I will be ready with
answers.
Joel. Joel. How we doing on getting another
machine up here?
I'm... working on it.
Good, good. We need to get it up here. I've
a few more people than I expected ...
I'll get right on it. Thanks.
[CUT to Marty approaching Sue, who is watching a model working
out on the Crosswalk Advantage.]
Hi. We haven't met yet. I'm Marty Townes.
[Sue shakes her hand. CUTAWAYS to close-up, model demonstrating
Crosswalk Advantage]
Hi, Marty. Sue Meyers, Cable Fit Network.
Hi, Sue.
So -- a whole line of Crosswalks, huh? You
really think there's going to be that kind of
demand?
Oh, not going to be. There already is. Do
you know that we've sold nearly half a
million of the original Crosswalks to date.
But what's really very exciting to us is that
our customers are telling us it's making a
huge impact...not only in their fitness, but
in their lives. So it seemed natural to just
expand out the line and offer more options.
So you feel all the recent news about walking
and fat burning is just going to fuel the
fire?
Exactly. In fact, I'd like to show you
something ...
[They head toward TV monitor]
[CUT to Bill showing Mike the Crosswalk Plus.]
It's beautiful. I hope you didn't change
everything.
Actually, the new Crosswalks keep all the
important features of the original.... like
the Pro-Tech key for safety, so no can start
or stop the machine accidentally...
...also, the dual action resistance arms for
a total body workout and better muscle toning
electronic feedback, which tracks your
progress... and, of course, our quality
construction, with our limited ten-year
warranty...
It wouldn't be a Crosswalk without that...
Oh. But, here's a new design feature for
this year. You see this? It's a speed
control. It's built right into the handle.
Hey, that's great--you don't have to stop and
adjust it ....
.... and it gives you safe, smooth
acceleration. For those tall athletes or
runners with a long stride, we also
eliminated the hood on the front of the
tread, so they can really stretch out.
But overall, this machine takes up less
space. In fact, we streamlined the whole
frame.
[Bill adjusts the power incline.]
We've also added a power incline, which you
can adjust without ever getting off the
machine... So you can boost the intensity of
your workout, and strengthen those legs.
Yeah, I can't believe you could get all those
features on a machine at this price point.
My customers are going to love this.
[CUT to Marty and Sue at TV monitor. Dr. Upton is on monitor.]
Oh. Hey, we quoted this guy in one of our stories about walking.
Isn't he an expert on wellness?
Uh, huh. And an author. Here, listen for
yourself ...
[CUT TO MONITOR]
[Dr. Upton testimonial. DISSOLVE to full screen testimonial]
{SUPER: Dr. David Upton
Exercise Physiologist/Wellness Consultant}
{If your goal is to lose weight, you have to
do more than just diet. While dieting does
reduce your caloric intake, it also lowers
your metabolism. And it's been proven that a
low metabolism won't burn off your excess
fat. So to achieve that desired high fat
burning metabolism, I recommend regular,
brisk exercise at a constant pace, a pace
that raises your heart rate, or pulse, up to
your target heart rate zone, for optimum fat
burning. Recent studies have shown that
walking is one of the best ways to accomplish
this. However, you must walk a steady rate.
One way to do that is to walk on a motorized
treadmill. This keeps you walking at a
constant pace which gives you the most
benefit from your exercise.}
{Switch back to "VIP Room" set}
Great stuff. Y'know, I also have a few
technical questions, if you don't mind...
No I don't mind...But actually...Bill would
probably be better to answer those...
Hi, I'm Sue Meyers.
How do you do?
Oh, I just have a few questions about the design
of the Crosswalk Advantage.
Great. Why don't you come over with me and
maybe I can answer them for you.
{SUPER: This program is a paid advertisement presented by
Proform Fitness Products, Inc.}
[SUPER: To be continued ....]
{Switches to narrated portion}
{SUPER: LOSE WEIGHT}
Lose weight...
{SUPER: TONE UP}
Tone up ...
{SUPER: LOOK GREAT}
Look great ...
With the CrossWalk Line of motorized
treadmills. Each CrossWalk gives you ...
{SUPER: TOTAL BODY EXERCISE}
Total body exercise ...
While your lower body works at a steady pace,
the resistance arms tone and firm your upper
body. Work more muscles, burn calories
faster, reach your target heart rate zone
more quickly--all in a low impact workout
that burns up to 1,100 calories an hour.
{SUPER: MOTIVATIONAL FEEDBACK}
Motivational feedback...
Stay motivated. The electronic display shows
you how many calories you're burning, how far
you've gone, how close you are to your goals,
and if you're in your target heart rate zone.
{SUPER: MOTORIZED CONTROL}
Motorized control ...
... The CrossWalk motorized belt puts you in
total control. You select your own pace.
And the motorized belt keeps you at that
smooth consistent pace for maximum fat burn.
{SUPER: SAFETY}
... Safety ...
Insert the Pro-Tech safety key to start your
workout -- remove it when you're done. Your
CrossWalk won't run without it.
{SUPER: VERSATILITY}
... Versatility ...
No matter what your goal -- muscle toning,
fat burning, aerobic conditioning, or weight
loss -- you'll get it with a CrossWalk!
{SUPER: QUALITY SERVICE}
... Quality service ...
Count on the support of Proform, the leading
manufacturer of home fitness equipment in the
world. That means a 10-year limited warranty
on every CrossWalk, plus the backing of
Proform's nationwide service network, ready
whenever you need it!
{SUPER: WALK}
Walk.
{SUPER: RUN}
Run.
{SUPER: TOTAL BODY AEROBIC EXERCISE}
Total body aerobic exercise.
Burn fat. Lose weight. Choose your CrossWalk.
{CAPTION: (lists features of Original Crosswalk)}
The original CrossWalk; outstanding value
and proven success with over half a
million sold. Its quiet, one-and-a-half
horsepower motor keeps you at a steady,
fat burning pace. Simple controls make
operating the CrossWalk as easy as
walking.
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
All for only $49.95 a month!
{CAPTION: (lists features of Crosswalk Plus)}
The CrossWalk Plus. Its expanded hoodless
walking deck provides over 20% more
walking space than the Original, yet it
actually takes up less space! The 2-horsepower motor delivers smooth response
and solid acceleration. Finger tip speed
control and Power Incline let's you burn
more calories by increasing workout
intensity without interrupting your
workout.
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
The spacious, convenient CrossWalk Plus...
only $49.95 a month!
{CAPTION: (lists features of Crosswalk Advantage)}
The CrossWalk Advantage: A supersize deck
give you one of the largest walking belts
of any treadmill on the market. The 2 1/2
horsepower motor provides quiet, durable,
smooth operation. The cushioned deck
ensures a low impact workout for your
ankles, knees, hips and back. Simple but
advanced electronics provide four easy to
use, pre-programmed workouts. And with
speed and incline controls right at your
finger tips you can easily vary your
workout intensity.
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
Our most advanced CrossWalk, for only
$49.95 a month!
SUPER: Call Now for FREE Brochure & Video
For a free brochure and video on the
CrossWalk line, call the number on your
screen now!
{SUPER: PROFORM PROMISE
If within 30 days you don't feel better, look better, and
see the results you want, just return it for a full refund.
Guaranteed! (Less $75.00 S&H)}
And remember the Proform promise -- the
CrossWalk is the finest piece of fitness
equipment you can buy. If within 30 days
you don't feel better, look better and see
the results you want, just return it for a
full refund. Guaranteed!
{SUPER: CALL NOW}
Call now.
Call now! And discover the benefits of
CrossWalk!
{Switch to different set}
[SUPER: Peggy Fleming, Olympic Gold Medalist]
I know that no two people have exactly the
same fitness needs or goals. That's one
of the reasons I've been so impressed with
these Crosswalks.
[CUTAWAYS to models demonstrating]
{SUPER: BURN MORE FAT}
If you want a moderate intensity workout
for fat burning... just set your speed.
The electronic console tells you when
you've reached your optimum level and
achieved your goals.
{SUPER: CARDIOVASCULAR IMPROVEMENT}
Or, just increase the speed if you want a
great cardiovascular workout.
{SUPER: TOTAL BODY WORKOUT}
Add the resistance arms to get your whole
body involved and reach your maximum total
calories burned.
[CUT back to Peggy]
The possibilities for variations--and
results-- are almost endless.
I think you can see why the Proform
Crosswalk is the workout equipment I've
chosen to be associated with. Its quality
is legendary, which is easy to understand
when you know it's made by Proform, the
leader in home exercise equipment. Proform
is the largest manufacturer of treadmills
in the world.
Who better to bring the benefits of
walking home to all of us? And for more
on those benefits, stay right where you
are.
{Switch to exhibit hall set}
Okay, thanks..Yes, we can hang that later...
Alright people... Eighteen hours and
counting until the entire Fitness Expo
moves in here to watch you strut your
stuff... And Corrigan, I want these
Crosswalks to shine.
Hey Kelly, here's that extra machine you
wanted.
Oh, great. Just set it up right there.
[He takes box off truck and pulls out the folded Crosswalk. He
looks perplexed.]
Okay...... so...... how are we supposed
to put it together?
[With an amused look, Kelly walks over to the Crosswalk and
in one simple move, turns the handle, and pulls the
handlebars up into place. Without saying a word, she smugly
looks over at him, and goes back to what she was doing.]
1.
You're kidding, right?...... That's all there is to it...?
{Switch to "VIP Room" set}
Really, it's that simple ....
[PULL BACK to reveal he is showing the same easy handling
feature on the Crosswalk Plus to TOM (the writer), only Bill
is folding it back down, to show easy storage.]
Wow! You know, this is a great idea,
having a preview of the new Crosswalks
before the Fitness Expo starts tomorrow,
'cause its going to be crazy.
We wanted to make sure you guys knew what
the real news was this year.And I don't
see how the competition can top this.
Speaking of which, I heard you say
something earlier about the Crosswalks
being better than manual treadmills,
because the Crosswalk is motorized. I'll
tell you, there's a lot of people out
there pushing manuals.
"Pushing" is exactly the right word.
Because if you've ever tried to use one
that's what you're doing. And they're
cheaper to build. And if they were
effective we'd build one ourselves. But,
let me show you something.
[He moves over to TV monitor, finds tape, and puts it in. We see
close-up action of manual treadmill. DISSOLVE to full screen manual
treadmill demo.]
Okay, here we go. Most manual treadmills are
set at a 12% incline. That's pretty steep. But
manuals have to be set that way because they
depend on your body weight and on gravity to
work. When they're level, you just can't get
them to go.
{Depiction of chart showing target heart rate zone during 20 minute
workout using a manual treadmill}
That means you have to over-exert.... and you
get tired and slow down, the manual tread slows
down, too.
{Depiction of chart showing target heart rate zone during 20
minute workout using a manual treadmill and using a CrossWalk}
Between pushing too hard... and not hard
enough... you're not maintaining that
consistency to stay within your fat burning
zone.
And remember, the key to successful weight loss
is consistent, moderate exercise within your fat
burning zone. Now, that's why the Crosswalk's
motorized tread is so much more efficient. You
can set a pace, and maintain it. In fact, a
recent university study showed you can lose over
20% more fat calories on the Crosswalk than
working out on a manual treadmill.
[CUT back to Bill and Tom. Sue has joined them.]
Okay, I understand why motorized treadmills are
better than manuals. My question is, why are the
Crosswalks so much better than stair steppers and
bikes?
Well, anyone that's used a stationary bike or a
stair stepper knows they're fine for the lower
extremities...
{SUPER: 65% of all muscles are above the waist}
But 65% of our muscles are above the waist.
Those kinds of machines just don't give you a
total body workout. And the same can be said
for most manual treadmills.
How about ski machines?
We're constantly being told how difficult ski
machines are to use, especially by people that
are just starting out. And remember, ski
machines aren't motorized, so you're not
motivated to keep up a pace that you need, to
stay within your fat burning zone.
Here, why don't I let some consumers tell you about their own experiences.
[Consumer testimonials appear on monitor. DISSOLVE to
testimonials full screen.]
{SUPER: Michael Ferguson
Suzy Ferguson
Exercise 2-4 times per week on their CROSSWALK.}
{When I've used the CrossWalk, its made me feel
good about myself. It's made me feel good
physically. But more than that it's made me
feel good just about life. Even though
sometimes its hard work, I'm always come away
feeling much better than when I started.}
{SUPER: Nancy DeJardin
Exercises 5-6 times per week on her CROSSWALK.}
{Well, I exercise like a lot of people just to
keep in shape and I have a stressful job and I
find that the CrossWalk not only helps my energy
level, but helps with my stress and helps me to
sleep better.}
{SUPER: Annette Nelson
Exercises 3 times per week on her CROSSWALK.}
{I had a NordicTrack and I much prefer the
CrossWalk because I'm able to vary my speeds
with the CrossWalk and I have much more
consistent workout.}
[Back to VIP Room. Sue continues listening to testimonials.
Marty walks up to Bill.]
Is it just me, or is this going extremely
well?
Incredible.
I just wish we had a few more CrossWalks. You
know everyone wants to try them.
Joel's supposed to be bringing one up from
downstairs.
{Switch to exhibit hall set}
A short dance montage down on stage, dancers going through
their routines on the Crosswalks.]
Stale popcorn?
Why, of course.
{Switch to "VIP room" set}
[back to VIP room, Carrie working out on Crosswalk
Advantage. She is really burning up the deck, pushing it.
She has the pulse clip attached to her ear.]
Isn't that new bigger deck great?
This is fantastic... how long is it anyway?
54 inches. And a full 18 inches wide.
There's plenty of room on the Crosswalk
Advantage. Another feature we've added is a
Soft Stride suspension deck for extra
cushioning. It helps protect your ankle,
knee and hip joints.
That's a great feature.
Well...oh that's right. You're a personal
trainer.
Right.
Then you should appreciate the two and a half
horsepower motor. Solid, steady power at a
range of speeds, right up to 10 mph on the
Crosswalk Advantage.
You know, my clients need something that can
keep challenging them as they improve... so
they can really push their workout when they
want to.
[Mike walks up]
So this is the Advantage?
Would you like to try it?
[She gets off. Mike gets on.]
Thanks. Wow. That's quite a control pad.
And it's so easy. See? You can track your
speed..... time .... distance...
incline...even heart rate. And, of course,
it calculates the calories that you've
burned. If you want to concentrate on the
lower body only, you don't have to lock the
arms in place. Just let go...
Oh, that's nice.
...and then pick them back up anytime.
How about automatic workouts?
The Crosswalk Advantage has 4 pre-set
routines, so you can vary your workout
according to your goals. It's like having a
personal trainer in your home.
That'd be nice.
So this one has all the extras, huh?
{SUPER: This program is a paid advertisement presented by
Proform Fitness Products, Inc. }
Except for the extra cost. We've managed to price
this very affordably.
[SUPER: To be continued....]
{Switches to narrated portion}
{SUPER: LOSE WEIGHT}
Lose weight...
{SUPER: TONE UP}
Tone up ...
{SUPER: LOOK GREAT}
Look great ...
No other fitness machines offer the
versatility of every CrossWalk ...
{SUPER: TOTAL BODY EXERCISE}
Total body exercise ...
... Achieve weight control more quickly by
working your entire body. Get the benefit of
a lower body workout by walking or running
while you tone and condition your upper body
with the resistance arms. Burn up to 1,100
calories per hour!
{{SUPER: MOTORIZED PACING}
Motorized pacing ...
You control the pace for a full range of
workouts. Unlike manual treadmills, you
select the perfect speed for your fitness
goals. There's no guesswork, no missing your goal
because you're not at the right pace. You are in
control.
{SUPER: CUSTOMIZED RESULTS}
Customized results ...
Lose weight, tone muscle, reduce stress,
increase energy, or just feel better about
yourself -- the CrossWalk can give you the
personal results you want!
Three different crosswalks.
Three sets of features...
Three proven ways to succeed...
{CAPTION: lists features of Original Crosswalk}
The original CrossWalk: Smooth, quiet tread
acceleration up to 8 miles per hour. Choose
a moderate fat burning speed or gently
increase the speed for a cardiovascular
workout. And with the dual-action arms
you'll reach your goals more quickly because
you're using your entire body. Or just lock
the arms in place for a walking-only workout.
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
Flexibility and value for only $49.95 a month!
{CAPTION: lists features of Crosswalk Plus}
The new Crosswalk Plus. Advanced tread
design gives you a longer stride base in a
more compact frame! Vary the pace of your
workout with the convenient new fingertip
speed control. The exclusive Power Incline
lets you increase your workout intensity:
reach your target heart rate zone faster,
tone and shape hips, thighs, calves and
buttocks. You'll see results quicker.
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
Even more versatility for only $49.95 a month!
{CAPTION: lists features of Crosswalk Advantage}
The CrossWalk Advantage: Versatile speed
range up to 10 miles per hour provides a
moderate fat burning pace yet can challenge
even the most advanced athlete. Enhanced
electronics give you easy-to-read feedback
to track your progress with four pre-set
workouts. It's like having your own personal
trainer!
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
Every option... for only $49.95 a month!
{SUPER: Call Now for FREE Brochure & Video}
For a free brochure and video on the
CrossWalk line, call the number on your
screen now!
{SUPER: PROFORM PROMISE
If within 30 days you don't feel better, look better, and
see the results you want, just return it for a full refund.
Guaranteed! (Less $75.00 S&H)}
{SUPER: CALL NOW}
Call now...
Call now! And discover the benefits of CrossWalk!
{Switches to different set}
{SUPER: Peggy Fleming, Olympic Skating Champion}
Walking is something that almost everyone
can do--I know I enjoy going for walks in
my neighborhood.
But I also know that I'd never stick with
my fitness program if I didn't have my
Crosswalk at home.
For one thing, I don't know about your
climate, but where I live the weather is
never a sure thing.
It's also nice to have the security of
staying at home to exercise. With the
Crosswalk, I can walk after dark, or at
times when I might not feel as comfortable
going out.
I'm a mother, too. And there are lots of
times when leaving the house just isn't
practical.
{SUPER: BURN FAT}
The Crosswalk is also incredibly
versatile. You can burn fat.
{SUPER: TONE MUSCLES}
You can tone muscles.
{SUPER: CARDIOVASCULAR IMPROVEMENT}
You can get cardiovascular exercise.
{SUPER: REDUCE STRESS}
You can even work off stress. And you can
do it all, without ever leaving your home.
Those are just a few of the Crosswalk's
advantages. And there's lots more to
come. So stay tuned for the next chapter
of the Crosswalk story.
{Switch to exhibit hall set}
OK, start stretching out and we'll take it
again in 5 with lights.
Wow. This is looking really good, Kelly.
H-e-e-y.... I see you got that extra
machine ....
0-o-o-h no you don't. I still have a final
rehearsal to go, and I absolutely cannot in
any way, shape or form, no matter what -- have
you got there?
Hot egg rolls??... You are shameless, How
about a big cup of coffee to go with it?
Okay. Two hours. But, as soon as you've
finished upstairs, you come back down here
for final rehearsal.
It'll be here. Scout's honor.
{Switch to "VIP Room" set}
CUT to Marty and Bill, over at the original Crosswalk,
spotting him, pleased to have the extra machine.]
Allright, Joel... Look, another
treadmill...
I knew making it easy to move would come
in handy.
Excuse me -- Bill, do you think I could get
you to run through that new research on
walking and fat loss again? Maybe one of
those video tapes with Dr. Upton?
Sure. Let's take a look.
[CUT to Sue and Bill at TV monitor. Bill inserts tape.]
Well, so what do you have so far?
Well... new studies show that walking is
the most effective workout for weight loss.
That's correct.
And the Crosswalk is the best way to do
that, because it's motorized, so you have
total control over the pace and intensity
of your workout.... Correct?
[Bill nods.]
You got it.
{SUPER: 20% more fat burned}
Which is why research is proving that the
Crosswalk can burn over 20% more fat
calories than manual treadmills.
You got it.
{SUPER: 1100 cph, burn 1100 calories per hour}
Plus you get quicker results than regular
walking, since you work your lower and
upper body... and, if you want really want
to push yourself, you can burn over 1100
calories an hour.
I can see you've been doing your homework.
It also offers convenience and safety--
you can workout anytime you want, in any
kind of weather, right in your own home
... And, it gives you the incentive you
need, with constant, electronic feedback
on how you're doing.
I wouldn't add a thing.
Great. I just want to hear the tape one
more time.
Sure.
[Bill starts tape. Expert testimonial comes up on monitor.]
{SUPER: Dr. David Upton
Exercise Physiologist/Wellness Consultant}
{I can't emphasize enough that study after
study has demonstrated that to lose weight
you have to burn more calories than you
take in. And the more muscles you use
during your workout the more calories
you'll burn in the shortest period of
time. Using a motorized treadmill with
resistance arms lets you work all the
large muscle groups in both your upper and
lower body. This gives you the maximum
calories burn, plus the added benefits of
overall cardiovascular fitness.}
[Switch to "VIP Room" set}
You know a few years ago when we first
introduced the Crosswalk...
[CUTAWAY to Crosswalk Classic]
...it was a real pioneer in home exercise
equipment...the first dual-action motorized
treadmill of its kind. And, as you know, the
response has been tremendous.
[PAN TO other Plus and Advantage]
And today, with the new Crosswalks, Proform
has pushed the standard for home fitness
equipment even higher and made total body
fitness even more accessible and more
exciting.
[CUT back to Marty, gesturing to all 3 machines]
Now, what we're doing is spreading the
news about just what a powerful change
the Crosswalk can make in people's lives.
And we're hoping you'll help us with that. So
thank you very much for coming. Oh, they're
still rehearsing downstairs. So tomorrow when
the Expo opens, I hope you'll all go down and
catch the Proform Fitness Show on the main
level ...
{Switch to exhibit hall set}
Okay, this is final, full out!
[Stab in show music. Show springs to action.]
{Switch to different set}
{SUPER: Peggy Fleming, Olympic Skating Champion}
So that's our story. But now it's your
turn.
No other fitness equipment compares to the
Crosswalk, for burning fat calories ....
and getting a total body workout right at
home. It's an important part of my life.
And there have never been more reasons to
make it part of yours ... Or a better
time.
{Switch to testimonials}
{SUPER: Val Herman
Exercises 4 times per week on his CROSSWALK.}
{The CrossWalk is the safest machine that
I've ever owned ... The size is convenient
and the fact that it's always there is
probably the most convenient thing. It's
a marvelous piece of equipment. I'd
recommend it to anybody.}
{SUPER: Tracie McBeth
Exercises 2-3 times per week on her CROSSWALK.}
{Not only have I lost the weight and lost
the inches, but I'm also gaining strength
and toning my entire body up at the same
time.}
{SUPER: Earl Johnson
Exercises 2-3 times per week on her CROSSWALK.}
{Pretty soon your confidence level comes
back to where you feel good about yourself
and that alone is worth the price of the
unit.}
{Switches to narrated portion}
{SUPER: LOSE WEIGHT}
Lose weight...
{SUPER: MOTIVATION}
Motivation
{SUPER: STAY FIT}
Stay fit
{SUPER: SUCCESS}
Success
Whatever your fitness goal, get there
faster with the safety and convenience
that only CrossWalk can offer ...
{SUPER: EASY OPERATION}
Easy operation ...
Simply adjust the arms to the resistance
you want... Insert your Pro-Tech key...
set your pace... and the CrossWalk
gradually ramps up to the speed you set.
The bright display panel tracks your
progress. When you're done, remove your
key... your CrossWalk is ready to store
in seconds.
SUPER: SAFETY & PROTECTION
Safety and protection...
Your personal Pro-Tech key keeps the
Crosswalk worry free, even in homes with
young children. It won't run without the
key in place, so there's no chance of
accidental starting.
A CrossWalk for every budget...
{SUPER: EVERY BUDGET}
{SUPER: EVERYBODY}
A CrossWalk for every body...
{SUPER: EVERYONE}
A CrossWalk for everyone...
{CAPTION: (lists features of Original Crosswalk)}
The original CrossWalk: Proven
dependability, with a one-and-a-half
horsepower motor specifically designed to
never need replacing. It's easy to use,
it's fun, and with motivational
electronics you'll see progress... and
you'll get results.
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
It's even easy to own, for only $49.95 a month!
{CAPTION: (lists features of Crosswalk Plus)}
The new CrossWalk Plus: Redesigned with a
longer, hoodless tread that gives you over
20% more walking space -- in a machine
that's actually smaller than the Original!
New fingertip speed adjustment lets you
vary your workout and control your pace
while you get a total body workout... And
with Power Incline, you can increase the
intensity without missing a beat.
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
Conveniently priced at only $49.95
month.
{CAPTION: (lists features of Crosswalk Advantage)}
The new CrossWalk Advantage has the added
safety of a full cage railing which allows
you to pick up or put down the resistance
arms at any time and a supersize deck
that's one of the largest on the market.
The Soft Stride suspension deck cushions
joints and muscles. Plus, you get speed
control in one hand, power incline
adjustment in the other. And four pre-set
workouts make the Advantage as convenient
as having your own Personal Trainer!
{CAPTION: $49.95, For 10 Months, $499 plus $75, Shipping &
Handling}
Our most advanced CrossWalk... for only
$49.95 a month!
{SUPER: Call Now for FREE Brochure & Video}
For a free brochure and video on the
CrossWalk line, call the number on your
screen now!
{SUPER: PROFORM PROMISE
If within 30 days you don't feel better, look better, and
see the results you want, just return it for a full refund.
Guaranteed! (Less $75.00 S&H)}
And remember the Proform promise -- the
CrossWalk is the finest piece of fitness
equipment you can buy. If within 30 days
you don't feel better, look better and see
the results you want, just return it for a
full refund. Guaranteed!
SUPER: CALL NOW
Call now.
Call now! And discover the benefits of
CrossWalk!
[FADE IN DISCLAIMER:]
This program is a paid advertisement presented by Proform
Fitness Products, Inc.
The Â鶹´«Ã½ Trade Commission has accepted, subject to final
approval, an agreement to a proposed consent order from Icon
Health and Fitness, Inc., IHF Capital, Inc., and IHF Holdings,
Inc. (collectively "respondents"), which market exercise
equipment. All three companies are Delaware corporations.
The proposed consent order has been placed on the public
record for sixty (60) days for reception of comments by
interested persons. Comments received during this period will
become part of the public record. After sixty (60) days, the
Commission will again review the agreement and the comments
received and will decide whether it should withdraw from the
agreement and take other appropriate action or make final the
agreement's proposed order.
The Commission's complaint against respondents alleges that
they deceptively advertised the "Cross Walk Treadmill," a
motorized treadmill. The Commission's complaint charges that
respondents' advertising contained unsubstantiated calorie burn
and weight loss representations. Specifically, the complaint
alleges that the respondents did not possess adequate
substantiation for the claim that users of the Cross Walk
Treadmill will burn calories at a rate of up to 1,100 per hour
under conditions of ordinary use. The complaint notes that
respondents obtained the 1,100 calorie figure from a study that
measured the rate of calorie burn of persons who had exercised to
the point of exhaustion. The complaint alleges that such
"maximal exertion" tests are not appropriate measures of the
number of calories people can burn during ordinary exercise
because they measure calorie burn at a level of exercise
intensity that is unsustainable for more than an extremely short
period of time. The Commission's complaint also charges that the
respondents did not possess adequate substantiation for the claim
that weight loss testimonials from consumers appearing in
advertisements for the treadmill reflect the typical or ordinary
experience of members of the public who use the product.
The proposed consent order contains provisions designed to
remedy the violations charged and to prevent the respondents from
engaging in similar acts and practices in the future. Part I of
the proposed order would prohibit respondents from making any
claim for the "Cross Walk Treadmill," or for any other exercise
equipment: (1) about the relative, comparative, or absolute rate
at which users burn calories, or the number of calories users
burn, through use of such product; (2) about the relative,
comparative, or absolute weight loss users achieve through use of
such product; (3) about the relative, comparative, or absolute
amount of fat or fat calories users burn through use of such
product; or (4) about the benefits, performance, or efficacy of
any such product with respect to calorie burning, fat burning, or
weight loss; unless, at the time such a claim is made,
respondents possess and rely upon competent and reliable
evidence, which when appropriate must be competent and reliable
scientific evidence, that substantiates the claim.
Part II of the proposed order addresses claims made through
endorsements or testimonials. Under Part II, respondents may
make such representations if they possess and rely upon competent
and reliable scientific evidence that substantiates the
representations; or respondents must disclose either what the
generally expected results would be for users of the advertised
product, or the limited applicability of the endorser's
experience to what consumers may generally expect to achieve.
The proposed order's treatment of testimonial claims is in
accordance with the Commission's "Guides Concerning Use of
Endorsements and Testimonials in Advertising," 16 C.F.R. 255.2
(a).
The remaining provisions of the proposed order relate to
respondents' obligation to make available to the Commission
materials substantiating claims covered by the order; to notify
the Commission of changes in the corporations' structure; to
provide copies of the order to certain personnel of the
corporations; and to file compliance reports with the Commission.
The order also provides that the order will terminate after
twenty years under certain circumstances.
The purpose of this analysis is to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the agreement and proposed order or to modify in any way their terms.
1. Stage directions from the original transcripts provided by respondents are indicated by squared brackets ([]). Those not crucial to conveying format or presentation of the material have been deleted. Information added by Commission staff, such as superscripts or narrative that are not indicated in respondents' transcripts but do appear on the tape, are indicated by curved brackets ({}). Emphasis is as it appeared in the transcripts supplied to staff.