FTC Wins Preliminary Injunction against
Advertiser of Cellulite Reduction Product
FTC News Release
July 22, 1994
The Federal Trade Commission has won a federal court order temporarily prohibiting Silueta Distributors, Inc., based in Chatsworth, CA, and its president Stanley Klavir, from representing that "Sistema Silueta" cream or tablets will break down or reduce cellulite or fat. The judge's order, which is effective pending the outcome of the litigation, also prohibits the defendants from using deceptive endorsements or testimonials.
According to the FTC's November 1993 complaint detailing the charges in this case, Silueta advertised its Sistema Silueta through Spanish-language commercials. The ad challenged in the complaint ran on Univision, a national Spanish-language television network. The FTC alleged that the Sistema Silueta commercial included statements such as "Silueta is an astonishing treatment in two steps which penetrates the skin and attacks and dissolves the fat cells which cause those ugly cellulite bumps, and later expels them from your body;" and "…with Sistema Silueta I did [get rid of cellulite] when I applied it on those areas I wanted to reduce." Through these advertisements and others, the FTC alleged, the defendants claimed that Sistema Silueta will break down, reduce or eliminate cellulite or fat.
The complaint also alleged that the defendants misrepresented that the testimonials Silueta used in its ads and the testimonials the defendants had on file, represent the typical experience of Silueta's customers.
The court order obtained by the FTC, a preliminary injunction, prohibits the defendants from representing that any product or service will break down, reduce, treat, expel or eliminate cellulite or fat, unless it is true and the defendants have competent and reliable scientific evidence to substantiate the representation. These claims are subject to a blanket prohibition for Sistema Silueta cream or tablets, or any substantially similar products.
The preliminary injunction also prohibits the defendants from representing that any endorsement of a product or service represents the typical or ordinary experience of members of the public who use the product or service, or that the defendants' possess such an endorsement, unless such is the case.
The preliminary injunction was issued by the US District Court for the Northern District of California, in San Francisco, on July 11, 1994. The FTC's San Francisco Regional Office handled the investigation.
- Civil Action No. 93-4141 (Northern District of California). FTC File No. 922-3343.
This page was posted on August 27, 2006.