In the Matter of Fitness Quest, Inc.

9823633
B259300

UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION

In the Matter of
FITNESS QUEST, INC., a corporation, and
ROBERT R. SCHNABEL, JR., individually and
as an officer of the corporation.

DOCKET NO. C-3886
COMPLAINT

The 麻豆传媒 Trade Commission, having reason to believe that Fitness Quest, Inc., a corporation, and Robert R. Schnabel, Jr., individually and as an officer of the corporation, ("respondents"), have violated the provisions of the 麻豆传媒 Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges:

Respondent Fitness Quest, Inc. is a Delaware corporation with its principal office or place of business at 1400 Raff Road, SW, Canton, Ohio 44750.
Respondent Robert R. Schnabel, Jr. is an officer of the corporate respondent. Individually or in concert with others, he formulates, directs, or controls the policies, acts, or practices of the corporation, including the acts or practices alleged in this complaint. His principal office or place of business is the same as that of Fitness Quest, Inc.
Respondents have manufactured, advertised, labeled, offered for sale, sold, and distributed exercise equipment and weight-loss products to the public, including the "Airofit," "SkyTrek" and "Gazelle Glider," exercise gliders, and the "Ab Isolator" and "Abs Only Machine" abdominal exercise devices.
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 麻豆传媒 Trade Commission Act.

Airofit

Respondents have disseminated, or caused to be disseminated, advertisements for the Airofit, including but not necessarily limited to the attached Exhibits A1- A5. These advertisements contain the following statements:

Nearly zero impact! -- While you burn up to 1000 calories an hour.

(Exhibit A1)

"I've had tremendous results and I feel wonderful...I just can't say enough about the AiroFit."

Roberta, lost 27 lbs.

"I really love this machine. It's easy and it's fun...I've had better results than anything I've done in years."

Nerissa, lost 7 inches.

"With the AiroFit, the biggest change I noticed at first, was inches coming off everywhere."

Pam, lost 6 inches.

The AiroFit burns up to 1000 calories an hour. That's 3 times more than walking, 2 times more than cross-country skiing.

(Exhibit A2)

1,000 calories per hour

Yes! Your Airofit workout actually lets you burn up to 1,000 calories per hour. The secret is in the upper and lower body connection. Try and find these kinds of numbers in any other machine!

(Exhibit A3 )

The Airofit burns up to 1000 calories an hour. That's 3 times more than walking, nearly 2 times more than cross-country skiing.*

[Superscript in footnote: "*Walking 3 mph on level ground. Cross-Country skiing 5 mph on level ground. Consult your physician before beginning this or any exercise program."]

(Exhibit A4)

. . . Airofit burns up to 1000 calories per hour. Now, that's hard to beat but let's compare. Step Aerobics cannot compare. Riding bikes is fun but burns less than half the calories. Airofit burns more than 3 times more calories than walking, it burns a ton more calories than running and swimming and Airofit even burns more calories than cross country skiing. . . .

And the Airofit burns nearly twice the number of calories as this treadmill . . .

. . . It is nearly zero impact gliding that burns 3 times more calories than walking and nearly twice the calories of cross country skiing. . . .

(Exhibit A5)

Through the means described in Paragraph 5, respondents have represented, expressly or by implication, that:

A) Under conditions of ordinary use, the Airofit:

(1) burns calories at a rate of up to 1,000 per hour;
(2) burns three times more calories than burned while walking;
(3) burns nearly twice the calories burned while cross-country skiing or exercising on a treadmill;
(4) burns significantly more calories than are burned while swimming, bicycling or doing step aerobics;
(5) causes significant weight loss; and

B) Testimonials from consumers appearing in advertisements for the Airofit reflect the typical or ordinary experience of members of the public who use the product.

Through the means described in Paragraph 5, respondents have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 6, at the time the representations were made.
In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 6, at the time the representations were made. Therefore, the representation set forth in Paragraph 7 was, and is, false or misleading.

SkyTrek

Respondents have disseminated, or caused to be disseminated, advertisements for the SkyTrek, including but not necessarily limited to the attached Exhibit B. This advertisement contains the following statements:

Get the best of aerobic exercise and strength training while burning up to 1000 calories an hour (based on individual body type and workout intensity), with nearly zero impact. . . .

The SkyTrek� burns up to 1000 calories an hour (based on individual body type and workout intensity). That's 3 times more than walking at 3 m.p.h., and nearly 2 times more than cross-country skiing at 5 m.p.h. . . .

(Exhibit B)

Through the means described in Paragraph 9, respondents have represented, expressly or by implication, that, under conditions of ordinary use, the SkyTrek:

A) burns calories at a rate of up to 1,000 per hour;
B) burns three times more calories than burned while walking at 3 m.p.h.; and
C) burns nearly two times the calories burned while cross country skiing at 5 m.p.h.

Through the means described in Paragraph 9, respondents have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 10, at the time the representations were made.
In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 10, at the time the representations were made. Therefore, the representation set forth in Paragraph 11 was, and is, false or misleading.

Gazelle Glider

Respondents have disseminated, or caused to be disseminated, advertisements for the Gazelle Glider, including but not necessarily limited to the attached Exhibit C. This advertisement contains the following statements:

"First, my Gazelle Glider� burns up to 1000 calories an hour."(based on individual body type and workout intensity) That's 3 times more than walking at 3 m.p.h., nearly twice as much as cross-country skiing at 5 m.p.h., and more than running at 5.5 m.p.h. . . .

(Exhibit C)

Through the means described in Paragraph 13, respondents have represented, expressly or by implication, that, under conditions of ordinary use, the Gazelle Glider:

A) burns calories at a rate of up to 1,000 per hour;
B) burns three times more calories than burned while walking at 3 m.p.h.;
C) burns nearly twice the calories burned while cross country skiing at 5 m.p.h.; and
D) burns more calories than burned while running at 5.5 m.p.h.

Through the means described in Paragraph 13, respondents have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 14, at the time the representations were made.
In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 14, at the time the representations were made. Therefore, the representation set forth in Paragraph 15 was, and is, false or misleading.

Ab Isolator

Respondents have disseminated or caused to be disseminated advertisements for the Ab Isolator, including but not necessarily limited to the attached Exhibits D1-D2. These advertisements contain the following statements:

FACT: Ab Isolator is twice as effective as regular sit-ups. And it strengthens your back.

FACT: You'll lose 4 - 6" off your waist in 30 days or your money back . . .

. . . With Ab Isolator, three minutes a day melts the inches away.

[Superscript: "Consult your physician before beginning this or any exercise program" and "Results vary"]

(Exhibit D1)

Take a look at Carl! He lost over 12 inches in his waist using the Ab Isolator and my techniques! Take a look at Jody. She went from a size 11 dress to a size 1!

[Superscript: "RESULTS VARY" and "DIET AND EXERCISE ARE PART OF A TOTAL STOMACH REDUCTION PROGRAM"]

. . .The Ab Isolator is scientifically proven to be the most effective ab exerciser ever - or your money back.

(Exhibit D2)

Through the means described in Paragraph 17, respondents have represented, expressly or by implication, that:

A) The Ab Isolator is twice as effective as regular sit-ups;
B) The Ab Isolator is more effective than other abdominal exercise devices;
C) Use of the Ab Isolator three minutes a day results in a significantly reduced waistline in thirty days;
D) Use of the Ab Isolator results in a significant reduction in clothing size and waistline; and
E) Testimonials from consumers appearing in advertisements for the Ab Isolator reflect the typical or ordinary experience of members of the public who use the product.

Through the means described in Paragraph 17, respondents have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 18, at the time the representations were made.
In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 18, at the time the representations were made. Therefore, the representation set forth in Paragraph 19 was, and is, false or misleading.

Abs Only Machine

Respondents have disseminated, or caused to be disseminated, advertisements for the Abs Only Machine, including but not necessarily limited to the attached Exhibit D. This advertisement contains the following statements:

. . . Get the Facts on Tony Little's Abs Only Machine�:

FACT: Twice as effective as regular sit-ups and it won't strain your neck and back!

. . .

(Exhibit E)

Through the means described in Paragraph 21, respondents have represented, expressly or by implication, that the Abs Only Machine is twice as effective as regular sit-ups.
Through the means described in Paragraph 21, respondents have represented, expressly or by implication that they possessed and relied upon a reasonable basis that substantiated the representation set forth in Paragraph 22, at the time the representation was made.
In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representation set forth in Paragraph 22, at the time the representation was made. Therefore, the representation set forth in Paragraph 23 was, and is, false or misleading.
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 麻豆传媒 Trade Commission Act.

THEREFORE, the 麻豆传媒 Trade Commission this twenty-sixth day of July, 1999, has issued this complaint against respondents.

By the Commission.
Donald S. Clark
Secretary
SEAL: