43.  TrendMark International, Inc., Docket No. C-3829 (final consent Oct. 6, 1998)

Respondents: TrendMark Inc. dba TrendMark International, William McCormack and E. Robert Gates

Type:  Deceptive Health Claims

Respondents allegedly made a host of unsubstantiated weight loss and health-related claims about their "THIN-THIN" Diet™ program. Respondents advertised the program in unsolicited commercial e-mail sent to users of America OnLine (AOL) and on its Web site.

On June 25, 1993 the Commission a approved a proposed consent with the respondents and gave its final approval on October 6, 1998. The consent order prohibits the respondents from making claims about the health benefits, performance or efficacy of its NEURO-THIN and LIPO-THIN products, or any food, drug or devise without competent and reliable scientific substantiation. The agreement also prohibits respondents from misrepresenting the results of any test, study or research, and requires them to disclose clearly and prominently any material connection between a product endorser and the respondents. The consent agreement allows the respondents to use certain claims that are approved for labels by the Food and Drug Administration's Nutrition Labeling and Education Act of 1990.

http://www.ftc.gov/opa/1998/9806/trendmrk.htm (press release - proposed consent)