The Federal Trade Commission has charged Telebrands Corp., TV Savings LLC, and their owner, Ajit Khubani with making false claims regarding the Ab Force belt.
The FTC’s complaint alleges the Fairfield, NJ-based companies violated the FTC Act by representing that Ab Force could produce the same results touted in what it said were “deceptive” infomercials for the Ab Tronic, AB Energizer and Fast Abs products.
In May 2002, the FTC challenged claims made by the marketers of those belts that users would get “six pack” or “washboard” abs without exercise. In July of this year, the FTC announced a settlement of over $5 million resolving the Fast Abs litigation. The U.S. district court in Nevada granted the FTC’s motion for partial summary judgment against five of the seven Ab Tronic defendants, holding them liable for $83 million in redress. The AB Energizer case still is pending.
“There is no ‘free ride’ on misleading advertising,” said Howard Beales, director of the FTC’s Bureau of Consumer Protection in a statement. “If you purposely evoke the false claims made for a similar product, then your ads also are deceptive. And you should expect to hear from the FTC.”
The Ab Force has not been marketed since May 2002, said Jeff Knowles, a partner with the Washington, DC law firm Venable LLP, which represents Telebrands.
He noted in a statement that the only claims made by Telebrands in its advertisements were that the Ab Force gave a “relaxing massage,” had the same technology as the other electronic muscle stimulation belts then being sold, and was offered for sale at a lower price than those products.
Knowles termed the FTC’s stance a “novel interpretation of advertising claims,” noting that the FTC ‘s allegations of claims of “weight, inch and fat loss” and “rock hard abs” were “imported” into the “simple price and technology comparisons” made for the Ab Force belt.
“The FTC has not produced any evidence to support the allegations in its complaint, and Telebrands will vigorously defend itself against this attempt to establish administratively a new theory of advertising liability,” said Knowles.
The FTC will seek to prohibit Telebrands, TV Savings, and Khubani from making any misrepresentations about Ab Force or any other similar device. The commission is also seeking to require Khubani to obtain a $1 million performance bond before engaging in the manufacturing or marketing of such devices.
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