BodyFlex Marketer to Refund $2.6M in Settlement

DRTV marketer Savvier Inc. agreed to establish a $2.6 million consumer refund program to settle a federal complaint of deceptive advertising for its BodyFlex workout system, the Federal Trade Commission said yesterday.

BodyFlex customers will have a chance to get a full refund or a percentage of the purchase price depending on how many consumers seek a refund, the FTC said. In DRTV ads, Savvier made unsubstantiated claims that its 18-minute BodyFlex workout routine could cause users to lose four to 14 inches in seven days, according to the FTC.

The settlement includes a $36 million "avalanche" clause Savvier must pay if it is found to have misrepresented its financial condition. Also, Savvier is banned from making claims for weight-loss exercise and dietary supplement products without scientific substantiation.

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