9723024 UNITED STATES OF
AMERICA In the Matter of KAVE ELAHIE d/b/a M.E.K. INTERNATIONAL, a sole proprietorship. Docket No. C-3770 COMPLAINT The Federal Trade Commission, having reason to believe that Kave Elahie doing business as M.E.K. International ("respondent"), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges: 1. Respondent Kave Elahie is the sole proprietor of M.E.K. International, a California company with its principal office or place of business at 1669 Emeric Street, Simi Valley, California 93065. Individually or in concert with others, he formulates, directs, or controls the policies, acts or practices alleged in this complaint. 2. Respondent has advertised, labeled, offered for sale, sold, and distributed products to the public, including the "NutraTrim Bio-Active Cellulite Control Cream" (with aminophylline), and the "NutraTrim Weight Loss" tablets (with chromium picolinate) collectively referred to as the NutraTrim products. The NutraTrim products are advertised in Spanish-language magazines, such as Buenhogar. The NutraTrim products are "foods" and/or "drugs" within the meaning of Sections 12 and 15 of the Federal Trade Commission Act. 3. 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 Federal Trade Commission Act. 4. Respondent has disseminated or has caused to be disseminated advertisements for the NutraTrim products, including but not necessarily limited to the attached Exhibits A through C. These advertisements contain the following statements:
5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that one or more of the NutraTrim products:
6. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that he possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made. 7. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made. Therefore, the representation set forth in Paragraph 6 was, and is, false and misleading. 8. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that scientific studies demonstrate that the NutraTrim products:
9. In truth and in fact, scientific studies do not demonstrate that the NutraTrim products:
Therefore, the representations set forth in Paragraph 8 were, and are, false and misleading. 10. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that a testimonial from a consumer appearing in the advertisements for a NutraTrim product reflects the typical or ordinary experience of members of the public who use the product. 11. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that he possessed and relied upon a reasonable basis that substantiated the representation set forth in Paragraph 10, at the time the representation was made. 12. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representation set forth in Paragraph 10, at the time the representation was made. Therefore, the representation set forth in Paragraph 11 was, and is, false and misleading. 13. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act. THEREFORE, the Federal Trade Commission this nineteenth day of September, 1997, has issued this complaint against respondent. By the Commission. SEAL: [English translations of Exhibits A-C are attached. The paper copies of Exhibits A-C themselves are attached to paper copies of the complaint, but are not available in electronic form.] ENGLISH TRANSLATION OF EXHIBIT A Love handles, cellulite and fat. Now you can eliminate it with NutraTrim Bio-activa cream. Try it and convince yourself. Eliminate cellulite. Lose weight in 15 days beginning with the first application. Imagine a bunch of ice melting under the sun. This is how the cellulite in your body will be disappearing thanks to Bio-Active action of NutraTrim cream. Do not think that this is an exaggeration. From your first application you will see the fantastic results. What do you have to do? Very simple. All you have to do is apply the NutraTrim Bio-activa cream with a soft massage in the area you want until the cream disappears and it is absorbed totally into the skin. Repeat the application 2 times a day and that is it. It is that simple. The results are instantaneous and permanent. You don't need to wait months to compare the results for yourself. Since the first application you will be able to see results. Your measuring tape doesn't lie. NutraTrim is not a magic cream. But it is scientific. Thanks to the components of Bio-Active Cream it works over the linfa. This is something that you'll find over different parts of your body. The potent action helps to eliminate the excess water and fat and other wastes that are responsible for cellulite and orange skin. But this is not all. Once you have the perfect body that you have always wanted, you'll have to apply the NutraTrim Bio-Activa only once in awhile and that way you can keep the results that you have always wanted. The opinion of one doctor, Dr. Christine Viviene from Switzerland, loves the results the NutraTrim Bio-Active has given. It is completely natural and very easy to apply. There is no side effects and in reality it does help to eliminate the deposits of fat in the human body. I recommend it to all my patients. Until today this is the most secure and beneficial method to eliminate fat and cellulite from your body. 100% Quality. Do not accept cheap imitations. NutraTrim is made of high quality products guaranteeing best results. Special offer 50% more for free. Buy your NutraTrim Cream today and get it at the regular price of $26.95 with 50% more cream. Take advantage now and save. Do not question it any longer. Now you have the opportunity to have a beautiful silhouette. You'll be so attractive you'll cause admiration. Imagine your friends faces when they see the change in your body. More attractive more younger looking and more secure of yourself. Remember that the results are guaranteed. Hurry and mail your coupon today and take advantage of the promotional offer to look better in less time than you expect. You will not regret it. Total Guarantee. Try NutraTrim Bio-Active for 30 days and if you are not happy with the results you can return it and we will return your money minus shipping and handling. ENGLISH TRANSLATION OF EXHIBIT B World News. Lose up to 35 pounds without having to diet. This revolutionary new treatment, in reality will help you lose fat. Yes today you can eliminate fat and cellulite from your body without having to diet and exercise that are impossible. Clinical test results in hospitals and labs have confirmed the actions of chromium formulated with other natural ingredients: Will control your appetite including sweets. Will help your metabolism to burn fat. Will preserve your muscular tissue without having to exercise. With these results this time you will not fail. You will lose weight or we will refund your money. Do not lose more time or money with products or diets that promise you the world. NutraTrim is a new treatment that is 100% natural and will help your metabolism to process and eliminate fat and control your appetite. Because of this composition ( minerals, vitamins, plant extracts) NutraTrim can be used by persons of all sexes and ages. The results are real: You will lose fat and cellulite in the areas that you wish to lose the most. They will help to ensure your ideal weight. You will feel more active and energetic. It lowers the level of cholesterol in your blood. These results that have been obtained by real multiple tests by scientists and hospitals have proven that the qualities and the ingredients from NutraTrim help to notably eliminate fat and to lessen the level of cholesterol in your blood. Besides, they will not bring down your metabolism. This is very important because it ensures that the weight that you will lose during your treatment will not come back. The advantages of NutraTrim: 100% natural. Any person can use it. Does not contain uppers or amphetamine. Does not induce upset stomach, headaches, dizziness, nervousness. This does not require a special diet. You do not have to follow a diet plan. Does not produce extra/hanging skin. If you have any problems with your health you should consult your doctor first. For better results you should control your meals and try to help yourself with some type of exercise. NutraTrim is a registered product and you can only buy it through MEK. NutraTrim is the quickest and most convenient system to lose weight. You should see for yourself how the weight disappears and stays off (without a doctor's prescription). Call today and see for yourself how easy it is to lose weight forever with NutraTrim. Without dieting and without extraneous exercises or secondary effects. NutraTrim works for real. 100% guaranteed. Try NutraTrim and if you are not completely satisfied we will return your money less shipping and handling. ENGLISH TRANSLATION OF EXHIBIT C How I lost 34 pounds in little time, without regimens or diets. All my life I have been gaining weight. When my baby was born I gained so much weight. Of course I tried so many different things. Nothing would work for me. I really thought that I was a lost cause. You could just say that I was swollen in all of my body, legs, stomach and face. I didn't even know how to dress. I looked horrible and I felt like my husband didn't see me as attractive as before. I discovered something incredible. I have a friend. I don't know what she does. She doesn't deprive herself from anything. She eats more than three and for the past year she lost her weight and maintained her body like a model. One day I asked her what do you do to be so skinny? She confessed her secret to me. A product called NutraTrim that was distributed a couple of years ago. Let me explain. With this I'm positive that you'll lose weight. Even if you eat a lot. Even if you have tried everything and it didn't work. There is no need to take any medication, no exercise. This product does not have anything to do with others in stores. It has nothing to do with the product you took before. She told me I wouldn't tell you more. You'll see it. Its great. I'll bet you anything that in 4 or 5 weeks you'll be skinny as me. Without believing me too much, I promised her I would try it, and I bet her a good dinner, I was sure to win. I was sure that if it made her lose weight, it would make me lose weight. I began to use the system the next day. If you don't want to, then don't believe me, but on the third day I had lost 4 ½ lbs. It seemed like a miracle! That morning, I was well, very light with soft skin. Even my husband noticed the difference he started to admire me, something he hadn't done for a long time. The first week I had already lost 10 lbs. I continued because it was really easy and very pleasing. After every NutraTrim session, I experienced the same delicious sensation of well-being, besides I had the joy of seeing how the scale marker kept moving to the left. As I saw myself in the mirror, I could see my shape toning, remodeling day after day. Regimes and deprivations have ceased, I ate everything I wanted and I lost weight like that. Imagine, I had lost pounds the first week! In over a month, I went from 173 lbs to 138 lbs, I had a complete change in form. I had literally "uninflated." My legs, my hips had uninflated and my stomach was very flat. My friend had won her bet and I haven't gained weight; the only thing I have gained is my husband because I think he fell in love again because he has begun to be attentive and delicate like when I knew him. It also has to work for you! I spoke with my doctor concerning the treatment. He explained that it was the ideal method truly efficient to lose weight because it works quickly, draining the fat out of the cells, above all on the body parts that mostly need thinning: stomach, legs, face. Besides I had the pleasant surprise that my skin had returned to being more firm, more soft and more flexible. Anabella Torres C. This system for weight loss really works. Utilizing the NutraTrim system (easy work) obtain evident results from the first time. In 48 hours you could lose 2 to 4 pounds. Then you will lose weight day by day until you have your ideal weight. When you look at yourself in a mirror you will be surprised. To see that you have lost weight in places where you need it. Stomach, legs, hips. Your skin will turn more soft and silky. Would you like to be more seductive? Would you like to be able to wear those dresses that you like a lot? Would you like to have a husband who is proud of you and crazy in love with you, just like the beginning? It is up to you. Don't permit that your husband keep admiring other women. Like Anabella and all others who have done it, you will be absolutely delighted from the results which you will obtain from the treatment NutraTrim. You can lose from 5 to 10 pounds a week until you reach the weight you want. If you are not 100% delighted and enthusiastic with your weight loss, simply return the container that had the treatment and we will return your purchase price without any conditions or any questions. Don't you think that we wouldn't make you a proposition like this unless the results were real. Don't wait any more. Return the coupon below, right now, today. Don't need to wait to start to lose weight. Important: Satisfaction 100% guaranteed. |