For Release:
March 24, 2004
FTC Charges QVC Home
Shopping Channel With Making Deceptive Claims and Violating
FTC Order
The Federal Trade Commission charged QVC,
Inc., the country’s largest “home shopping”
channel, with violating a June 2000 FTC order by making false
or unsubstantiated claims for “For Women Only”
weight-loss products and unsubstantiated claims for Lite Bites
weight-loss products and Bee-Alive royal jelly dietary supplements.
The FTC also alleged that QVC violated the FTC Act by making
unsubstantiated claims for a purported cellulite treatment,
Lipofactor Cellulite Target Lotion. The Department of Justice,
at the FTC's request, filed the suit against QVC today in
federal district court in Philadelphia. The FTC is seeking
civil penalties, consumer redress, and other relief.
QVC, a multi-billion dollar company based
in West Chester, Pennsylvania, sells a wide variety of consumer
products through live, 24-hour television programming that
reaches almost 85 million homes in the United States. QVC
also offers its products on an interactive shopping service
on the Internet, www.qvc.com.
“QVC’s claims for these
products are not only unsubstantiated, but for some, scientifically
impossible,” said Howard Beales, Director of the FTC’s
Bureau of Consumer Protection. “No pill or drink can
cause anyone to lose 125 pounds. QVC didn’t keep its
promise to use sound science and solid evidence to back up
the claims it makes for the health products it sells.”
In 2000, QVC settled FTC allegations that
the company made unsubstantiated claims that Cold-Eeze zinc
lozenges prevented colds and alleviated allergy symptoms.
The resulting FTC consent order requires QVC to have “competent
and reliable scientific evidence” substantiating any
claim that a dietary supplement “can or will cure, treat,
or prevent any disease, or have any effect on the structure
or function of the human body.”
According to the complaint announced today,
QVC sold the challenged weight loss, cellulite treatment,
and royal jelly products through live broadcasts in which
a product representative talked with the QVC host about the
purported benefits of the featured product. The spokespersons
frequently described how well the product had worked for them,
as well as others. These programs also featured on-air conversations
with consumers who called in and often provided personal testimonials
about the products. Throughout the program, the QVC host and
product representative urged consumers to buy the products
by calling a toll-free number displayed on the screen.
The complaint alleges that QVC violated
the 2000 FTC order by making false claims that For Women Only
“Zero Fat” pills prevent absorption of dietary
fat. The complaint also alleges that QVC violated the FTC
Order by making unsubstantiated advertising claims that:
- For Women Only weight control products cause substantial
weight loss, for example, 50, 60, 100 pounds or more, and
enable users to maintain their weight loss for a substantial
period of time;
- For Women Only “Zero Fat” pills (with chitosan,
herbs, and other ingredients) prevent fat absorption;
- For Women Only “Zero Carb” pills (with chromium,
vanadium, glucosol, gymena sylvestre leaf, and other ingredients)
prevent sugar and carbohydrates from being stored as fat;
- Lite Bites products (including “Fat Fighting Bars”
and “Fat Fighting System Shakes,” containing
chromium picolinate, garcinia cambogia, L-carnitine, herbs,
vitamins, fiber, and other ingredients) enable users to
lose substantial weight, including, for example, 52, 80,
110, 125 pounds or more, and enable users to maintain their
weight loss for a substantial period of time; and
- Bee-Alive dietary supplements containing royal jelly
(a substance secreted from the salivary glands of nurse
bees and fed to newly laid larvae) significantly reduce
fatigue in users with chronic or severe fatigue; and significantly
increase energy, strength, or stamina in users who recently
have had surgery or suffer from various illnesses or conditions,
such as fibromyalgia, Lupus, and Epstein Barr virus.
Violations of FTC orders carry a penalty
of up to $11,000 per violation.
In addition, the FTC complaint alleges
that QVC violated the FTC Act by making unsubstantiated claims
that Lipofactor Cellulite Target Lotion (a topical product
not covered by the 2000 FTC order) eliminates or significantly
reduces cellulite without diet or exercise and causes measurable
inch loss; and that tests prove the product works.
The Commission vote to refer the complaint
to DOJ for filing was 5-0. DOJ filed the complaint at the
FTC’s request in the U.S. District Court for the Eastern
District of Pennsylvania on March 24, 2004.
NOTE: The Commission authorizes the filing
of a complaint when it has “reason to believe”
that the law has been or is being violated, and it appears
to the Commission that a proceeding is in the public interest.
The complaint is not a finding or ruling that the defendant
actually has violated the law. The case will be decided by
the court.
Copies
of the complaint are available from the FTC’s Web site
at http://www.ftc.gov
and also from the FTC’s Consumer Response Center, Room
130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.
The FTC works for the consumer to prevent fraudulent, deceptive,
and unfair business practices in the marketplace and to provide
information to help consumers spot, stop, and avoid them.
To file a complaint, or to get free information on any of
150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357),
or use the complaint form at http://www.ftc.gov.
The FTC enters Internet, telemarketing, identity theft, and
other fraud-related complaints into Consumer Sentinel, a secure,
online database available to hundreds of civil and criminal
law enforcement agencies in the U.S. and abroad.
MEDIA CONTACT:
Brenda Mack,
Office of Public Affairs
202-326-2182
STAFF CONTACT:
Joni Lupovitz or Louise Jung
Bureau of Consumer Protection
202-326-3743 or 202-326-2989
(FTC Matter No. C-3955)
(Civil Action No. not available at press time)
(http://www.ftc.gov/opa/2004/03/qvc.htm)
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Related Documents:
QVC,
Inc., File No. 982 3152, Docket
No. C-3955
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