FOR IMMEDIATE RELEASE: November 1, 1988 FTC CHARGES JS&A GROUP AND ITS PRESIDENT, JOSEPH SUGARMAN, WITH FALSELY CLAIMING THEIR PROGRAM-LENGTH AD FOR SUNGLASSES IS AN INVESTIGATIVE CONSUMER SHOW; CONSENT AGREEMENT SETTLES CHARGES The Federal Trade Commission today charged JS&A Group Inc. and its president and owner, Joseph Sugarman, with falsely claiming that their program-length video advertisement is an independent, investigative consumer program that conducted an objective investigation of sunglasses the company sells. A consent agreement settling the charges prohibits them from falsely claiming that any product for personal or household use has been independently investigated or evaluated. JS&A advertises and sells the sunglasses, called BluBlockers, and other products to the public. Sugarman is president of the company. According to the complaint issued with the consent agree- ment, JS&A and Sugarman made false and misleading claims about their program-length video advertisement for BluBlockers. The complaint charged that JS&A and Sugarman have claimed falsely that a 30-minute television program called "Consumer Challenge" is an independent consumer program, such as "60 Minutes" or "20/20," that conducts independent and objective investigations of consumer products like BluBlockers. In addition, they falsely claimed in their ads that producers and investigative reporters of "Consumer Challenge" conducted an independent and objective investigation of BluBlockers without receiving any reimbursement or other financial benefit from JS&A, according to the complaint. In fact, the complaint charged, "Consumer Challenge" is not an independent consumer program that conducts independent investigations, but was created by Sugarman for the sole purpose of selling BluBlockers. The complaint also charged that the producers and so-called investigative reporters of "Consumer Challenge" were paid directly or indirectly by respondents for producing and acting in the advertisement. The consent agreement prohibits JS&A and Sugarman from misrepresenting that a product for personal or household use has been independently investigated or evaluated. It also prohibits them from misrepresenting that a paid advertisement is an independent consumer or news program. (More) Under the consent agreement, for ten years after the order is made final, JS&A must disclose clearly and prominently in any program-length advertisement that it is an advertisement or commercial. The consent agreement defines "program-length advertisement" as a video advertisement that lasts 15 minutes or more. JS&A and Sugarman are both located in Northbrook, Ill. The consent agreement is scheduled to appear in the Federal Register today. It will be subject to public comment for 60 days, until Jan. 3, 1989, after which the Commission will decide whether to make it final. Comments should be addressed to the Office of the Secretary, FTC, 6th St. and Pennsylvania Ave. N.W., Washington, D.C. 20580. A consent agreement is for settlement purposes only and does not constitute admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $10,000. Copies of the agreement, the complaint and an analysis of the agreement are available from the FTC's Public Reference Branch, Room 130, 6th St. and Pennsylvania Ave. N.W., Washington, D.C. 20580; 202-326-2222; TTY 202-326-2502. # # # MEDIA CONTACT: Dee Ellison, Office of Public Affairs, 202-326-2177 STAFF CONTACT: William C. MacLeod, Bureau of Consumer Protection, 202-326-3238 FTC File No. 872 3151 [JS&A]