9723136

UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION

In the Matter of

CARE TECHNOLOGIES, INC., a corporation.

DOCKET NO. C-3840

COMPLAINT

The Federal Trade Commission, having reason to believe that Care Technologies, Inc., a corporation (“respondent”), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges:

1. Respondent Care Technologies, Inc. is a Connecticut corporation with its principal office or place of business at 10 Corbin Drive, Darien, Connecticut 06820.

2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed over-the-counter pharmaceuticals to the public, including “Clear Lice Killing Shampoo” and “Clear Lice Egg Remover.” Clear Lice Killing Shampoo and Clear Lice Egg Remover are “drugs,” within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.

3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act.

4. Respondent has disseminated or has caused to be disseminated advertisements for the Clear Lice Killing Shampoo and the Clear Lice Egg Remover, including but not necessarily limited to the attached Exhibits A through E. These advertisements contain the following statements:

A. “LICE KILLING

SHAMPOO

PEDICULICIDE

Kills BOTH lice and their eggs.”

(Exhibit A).

 

B. “Clear® Lice Egg Remover is a vegetable derived enzyme system that makes nits easier to remove after treatment by loosening the glue that bonds nits to hair.

....

Clear® Killing Shampoo - a pyrethrum extract from chrysanthemum flowers - effectively kills lice and their nits.”

(Exhibit B).

 

C. “Clear Lice Egg Remover; to save you hours of combing and tears.... Special enzymes only in Clear actually loosen lice eggs that can hide in your child’s hair. . . . Trust Clear to get lice out of your life. Fast!”

(Exhibit C).

 

D. “Clear® Lice Egg Remover is the fastest way to finish the hard work of removing lice eggs. Only Clear Lice Egg Remover has natural enzymes to un-glue lice eggs for easier comb-out. The Clear® System with Lice Egg Remover does the complete job. Kills lice and removes eggs. It’s all you need. Trust Clear® to get lice out of your life...fast.” (Exhibit D).

 

E. “Clear Rinse is quick. It loosens lice eggs in less than 3 minutes. Nits easily slide off hair when combed.... Clear Rinse has been thoroughly laboratory and field tested and meets all standards for safety and effectiveness. Clear Rinse is easy. A targeted enzyme solution, it rapidly attacks and loosens lice egg cement.” (Exhibit E).

5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that:

A. Clear Lice Egg Remover loosens or unglues lice eggs from the hair.

 

B. Clear Lice Killing Shampoo kills one hundred percent of lice eggs.

6. In truth and in fact:

A. Clear Lice Egg Remover does not loosen or unglue lice eggs from the hair.

 

B. Clear Lice Killing Shampoo does not kill one hundred percent of lice eggs. Clear Lice Killing Shampoo is based on a pesticide which is not one hundred percent effective against lice eggs. As a result, purchasers are instructed to use an egg- removing comb, and to apply a second treatment in seven to ten days to kill any newly hatched lice.

Therefore, the representations set forth in Paragraph 5 were, and are, false or misleading.

7. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that it possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made.

8. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made. Therefore, the representation set forth in Paragraph 7 was, and is, false or misleading.

9. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that laboratory and field testing proves that Clear Lice Egg Remover loosens or unglues lice eggs from the hair.

10. In truth and in fact, laboratory and field testing does not prove that Clear Lice Egg Remover loosens or unglues lice eggs from the hair. Therefore, the representation set forth in Paragraph 9 was, and is, false or misleading.

11. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act.

THEREFORE, the Federal Trade Commission this fourteenth day of December, 1998, has issued this complaint against respondent.

By the Commission.

Donald S. Clark
Secretary

SEAL: