9423278 UNITED STATES OF AMERICA In the Matter of TRU-VANTAGE INTERNATIONAL, L.L.C. a limited liability company. DOCKET NO. C-3798 COMPLAINT The Â鶹´«Ã½ Trade Commission, having reason to believe that Tru-Vantage International, L.L.C., a limited liability company ("respondent"), has 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 Tru-Vantage International, L.L.C., is an Illinois limited liability company, with its principal office or place of business at 7300 North Lehigh Avenue, Niles, Illinois 60714. 2. Respondent has advertised, offered for sale, sold, and distributed products to the public, including but not limited to, Howard Bergs Mega Reading. 3. Respondents advertisements include, but are not limited to, program-length television commercials which run for 30 minutes or less and fit within normal television broadcasting time slots. Respondents television commercials were and are broadcast on network, independent and cable television stations throughout the United States. Several of the respondents television commercials are identified as "Vantage Point with host Kevin Trudeau." 4. 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 Â鶹´«Ã½ Trade Commission Act. 5. Respondent has created, disseminated or has caused to be disseminated advertisements for Howard Bergs Mega Reading, including but not necessarily limited to the attached Exhibit A. These advertisements contain the following statements:
6. Through the means described in Paragraph 5, respondent has represented, expressly or by implication, that Howard Bergs Mega Reading is successful in teaching anyone, including adults, children and disabled individuals, to significantly increase their reading speed while substantially comprehending and retaining the material. 7. In truth and in fact Howard Bergs Mega Reading is not successful in teaching anyone, including adults, children and disabled individuals, to significantly increase their reading speed while substantially comprehending and retaining the material. Therefore, the representation set forth in Paragraph 6 was, and is, false or misleading. 8. Through the means described in Paragraph 5, respondent has represented, expressly or by implication, that it possessed and relied upon a reasonable basis that substantiated the representation set forth in Paragraph 6, at the time the representation was made. 9. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representation set forth in Paragraph 6, at the time the representation was made. Therefore, the representation set forth in Paragraph 8 was, and is, false or misleading. 10. 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 Â鶹´«Ã½ Trade Commission Act. THEREFORE, the Â鶹´«Ã½ Trade Commission this sixth day of April, 1998, has issued this complaint against respondents. By the Commission, Commissioner Thompson and Commissioner Swindle not participating. Donald S. Clark SEAL |