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The proposed settlement, which requires court approval, establishes a $2.6 million consumer refund program, and requires the defendants to stop making the false claims about BodyFlex challenged in the fatloss: the lifestyle by michael schmit FTC’s complaint. fatloss: the lifestyle by michael schmit BodyFlex is an 18-minute routine involving stretching, deep breathing, and exercises with the BodyFlex Gym Bar – a plastic exercise bar with a resistance band. In 2003, the defendants promoted BodyFlex in a heavily-aired national infomercial and on the Internet fatloss: the lifestyle by michael schmit at www.bodyflex.com. The ads claimed, “in just seven days you can lose from four to 14 inches guaranteed with BodyFlex Plus.” The FTC’s complaint, filed in federal district court in November 2003, and amended in January 2004, charges that the defendants made false and unsubstantiated claims that: 1) BodyFlex causes users to lose from four to 14 inches across six body areas in the first seven days without reducing calories; 2) BodyFlex causes users to burn enough body fat to achieve the claimed inch loss in the first seven days; and 3) a clinical study proves that BodyFlex causes significant fat loss and inch loss in the first seven days.
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