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$1.5 Million in Penalties for Unsubstantiated Slimming Claims for Undergarments

Thursday, November 13, 2014
Sandler, Travis & Rosenberg Trade Report

The Federal Trade Commission announced Nov. 10 its approval of final orders settling charges that two companies’ claims regarding the ability of their caffeine-infused shapewear undergarments to reshape the wearer’s body and reduce cellulite were false and not substantiated by scientific evidence. Under these orders the two companies will pay penalties of $230,000 and $1.3 million, respectively, that the FTC can use to provide refunds to consumers. They are also prohibited from (a) claiming that any garment that contains any drug or cosmetic causes substantial weight or fat loss or a substantial reduction in body size and (b) making claims that any drug or cosmetic reduces or eliminates cellulite or reduces body fat unless such claims are not misleading and can be substantiated by competent and reliable scientific evidence.

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