FTC News Release
August 28, 1992

The Federal Trade Commission has given final approval to a consent agreement with The Winning Combination, Inc., settling charges that the California company falsely claimed scientific tests have proved that its nutritional supplement, Essential Factors with Oxy-Energizer, can prevent fatigue and tiredness, or can provide energy beyond its caloric value.

Under the final consent order, the company and its president, Andrew Lessman, are prohibited from making similar misrepresentations about Essential Factors with Oxy-Energizer or products of similar composition in the future. The order also prohibits them from misrepresenting the existence, contents, validity, results, conclusions or interpretations of any study or test. Finally, the order requires the respondents to have competent and reliable scientific evidence to substantiate any future claims that any product they sell prevents fatigue or tiredness or provides energy beyond its caloric value.

The consent agreement was placed on the public record on June 9, and issued in final form on Aug. 24.

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