FTC sues abs device sellers

Grace Leong

Wednesday, May 8, 2002 | 11:03 a.m.

The Federal Trade Commission sued Tuesday in Las Vegas to block allegedly deceptive sales of "Abtronic" and "Fast Abs" systems -- electronic massage fitness belts purchased by more than 1 million Americans trying to lose weight and harden their abdominal muscles.

In one case in U.S. District Court, the FTC sued Las Vegas Abtronic distributor Hudson Berkeley Inc., 723 S. Casino Center Blvd., and its President Matthias Granic.

Also sued over the Abtronic device were Wilmington, Del.-based TMI Tricom Marketing Inc., which does business as Bismarck Labs Corp. in Palm Springs, Calif., and as CCI CAD CAM Industries Inc. in Hong Kong; and the companies' principal Bernd Ebert.

A second suit was filed against Ventura, Calif.-based United Fitness of America LLC, its manager George Sylva and Tristar Products Inc. of Parsippany, N.J., and its President Kishore Mirchandani, also known as Keith Mirchandani.

The Fast Abs defendants allegedly spent more than $12 million in infomercial advertisements for Fast Abs from November through Feb. 22. The device is also sold at stores including Kmart, CVS Pharmacy, the Sports Authority and at a website called TVinventions.com for $39.95 plus shipping, the government said.

Ebert, whom the FTC described as a managing director of TMI, chief executive of Bismarck and president of CCI, was accused in the Abtronic case of negotiating with a Las Vegas-based production company and making trips to Las Vegas to produce an infomercial for marketing Abtronic devices nationwide.

The FTC, which said the Abtronic defendants allegedly spent more than $18 million on television advertising of the Abtronic device, said the 30-minute commercial was aired more than 2,000 times since April 2001 and is the 10th most frequently aired commercial nationwide. The device, which costs $119.80 plus shipping, is also marketed on the Internet and at stores including Kohl's and Walgreen.

The FTC disputed claims that using the Abtronic device -- an electronic muscle stimulator that when activated, sends gentle electrical impulses through the skin to abdominal muscles -- for 10 minutes is equivalent to doing 600 sit-ups or "superior" to doing abdominal exercises and thigh exercises including squats and leg lifts.

Randall Machado, a fitness instructor at 24 Hour Fitness in Las Vegas, agreed. "When the (ad) said you could get 'rock hard abs' without breaking a sweat, I knew right away it's a scam."

"These devices prey on people who want a quick fix. But there's no such thing. Most of the people who buy these devices usually aren't people who go to the gym," he said. "At best, the device is a massager that's good for people with lower back pain. But there are no real health benefits to using it."

The Abtronic defendants were also accused of failing to adequately disclose in their promotional brochures that Abtronics isn't safe for all users and "shouldn't be used by people with implanted cardiac pacemakers, poses health risks for use over cancerous lesions and its safety for pregnant women isn't established."

The suit said the Abtronic defendants allegedly promise a 30-day money-back guarantee but customers that call the non-toll free customeer service telephone number to get refunds are either placed on hold for an extended time and then disconnected or find the number is continuously busy.

The FTC also said Fast Abs consumers allegedly were unable to return the device within a 30-day return period because they didn't receive instructional booklets on return procedures and weren't able to identify the company responsible for handling returns.

The Fast Abs defendants were also accused of failing to ship product for delivery within an allegedly guaranteed four- to six-week period, failing to provide prompt refunds and failing to offer them opportunities to cancel the order.

The defendants could not be reached for comment on the FTC's allegations.