UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
PROLONG SUPER LUBRICANTS, INC., a corporation.
DOCKET NO.
COMPLAINT
The Federal Trade Commission, having reason to believe that Prolong
Super Lubricants, 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 Prolong Super Lubricants, Inc. is a Nevada corporation
with its principal office or place of business at 6 Thomas, Irvine, CA
92618.
2. Respondent has advertised, labeled, offered for sale, sold, and
distributed products to the public, including Prolong Engine Treatment
Concentrate, a motor oil additive ("Prolong ETC").
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 Prolong ETC, including but not necessarily limited to
the attached Exhibits A through C. These advertisements contain the
following statements, demonstrations, and other visual depictions:
- A. A program-length television advertisement for Prolong-branded
products, entitled "The Prolong World Challenge" (Exhibit
A):
-
- (1) Host: "...Prolong is here to set the record
straight, with some amazing proof to demonstrate why experts are
saying, 'Prolong has no equal in the world!' In fact, Prolong is
so superior to other lubricants, they're offering a $1 million
world challenge." (Exhibit A, p. 3)
- . . . .
-
- (2) The "Duel in the Desert" Demonstration
- Announcer: "We have automobiles, trucks and
motorcycles representing almost every kind of vehicle
manufacturer...A pick-up truck with over 100,000 miles...These
vehicles have been treated with the patented Prolong Engine
Treatment, and drained of all their engine oil." (pp.
4-5)
- . . .
- Yeager: {Previously identified in on-screen super as
"Steve Yeager World Series MVP"}: I just saw him
drain the oil from my vehicle, and I really have my doubts if
this car will go out there, with the inclines, and the
downhills and the curves, and not overheat, and just freeze
up. (p. 6)
- . . .
- {Ad depicts vehicles driving laps in the desert after their
oil has allegedly been drained. One driver is identified as
"Al Unser, 4 time Indy 500 Winner."}
- . . .
- {After unspecified lapse of time}
- Unser: I just didn't believe that it would
make it...and the thing is still running good. The oil light
never went off, or the gauge ever moved...I ran almost 90
mph!...With no oil in it. (pp. 33-34)
- . . . .
- (3) The "Friction Test Machine Demonstration"
- Announcer: "The automotive professionals of J.E.
Pistons...will witness the world challenge as Prolong is
compared to other well-known lubricants. (p. 7)
-
- Host: Elton's [Elton Alderman, President of
respondent] using a torque bar on a friction test machine to
apply tremendous pressure on a static bearing against a
spinning race...Pressure is added until the test lubricant
fails, damaging the bearing and seizing the
motor...Professionals use a torque wrench to apply extreme
pressure to accurately measure the shock load engines
experience on start-up. (p. 7)
{Ad depicts various lubricants being poured into the machine,
and pressure being applied. After each lubricant is tested,
the screen shows the bearing with its "wear scar"
from the pressure that was applied. The size of the "wear
scar" varies from lubricant to lubricant.}
First Pennzoil was tested. {Super: "Certified
Test."} Look at the bearing up close, as certified by a
licensed professional engineer, and you can see the severe
damage." {Super: "Failed."} {Ad depicts bearing
with large "wear scar."} Next, look at the wear with
Castrol Syntech, a leading synthetic oil, tested under the
same load. {Super: "Failed."} {Ad depicts bearing
with large "wear scar."} Then Slick 50 Engine
Treatment was tested. {Super: "Failed."} {Ad depicts
bearing with large "wear scar."} They all ended up
with severe damage...{The ad depicts other lubricants being
tested and "failing," with large "wear
scars."} (pp. 7-8)
- . . .
- {Ad depicts machine continuing to run after a small amount
of Prolong ETC is applied.}
- . . .
- Now, let's test the Prolong Engine Treatment! Watch as the
torque wrench applies the maximum shock load of over 200,000
pounds per square inch at point-to-point contact....The motor
continues to run with no strain, as shown by the amp meter.
(p. 10)....{Ad depicts bearing with very small "wear
scar."} After all this tremendous abuse, you can see that
the other lubricants don't even come close to comparing!
Indisputable proof that Prolong has no equal in the world! {Super:
No Equal In The World}" (pp. 10-11)
- . . . .
(4) Consumer endorser: "Once the product is into
the motor, and found the friction points, and taking care of those
friction points, that same engine made eight more horsepower! {Super:
Lee Chapin, AVP Mktg. Mikuni American Corp}" (p. 11)
- . . . .
(5) The "Test Tube" Demonstration:
{Ad depicts a bearing partially submerged in lubricant in a
test tube, which is then heated.}
Announcer: "We coated a test bearing with a
well-known engine treatment that was heated and left for a
short period of time. Look at the corrosion on the bearing,
just from the fumes! And look at the bottom which was actually
submerged! When Prolong is put to the same test, look at the
difference with its anti-corrosion formula! The high
temperatures in your engine can cause lubricants to break down
and become corrosive. ...But Prolong's patented formula fights
corrosion, and extends the life of your car, which saves you
money! {Super: "Fights Corrosion."} (pp. 13-14)
- . . . .
- (6) Consumer endorser: "I ran 30 miles with no oil,
no oil pressure, with the oil light staring me directly in the
eye, and the car kept going. The last ten years I haven't won a
race. Now starting using Prolong, two years later I'm winning
races now. {Dan Mathews, Race Car Builder/Driver}" (p. 17)
-
- (7) Guerrero [Identified earlier in ad as Roberto
Guerrero, Indy 500 Single Lap Speed Record Holder.]: "If it's
going to work on the race car, it's going to work on the road car
100 times better, so it really is amazing." (p. 17)
-
- (8) The "Four-Hour Drive" Demonstration
- {Ad depicts two women driving a car which has been treated
with Prolong ETC and then allegedly had the oil, oil filter,
and oil plug removed.}
Announcer: "...Sandra Bartley has gone an
unbelievable four hours and 40 minutes with no oil, no oil
filter, or oil plug! {Super: "4 HR 40 MIN 7
SEC"} She's been in stop-and-go city traffic on a hot
summer day in Southern California. Freeway driving above 60
miles per hour, as well as steep hills which really put a
strain on the engine." (p. 23)
- . . . .
- (9) Announcer: "Today's motor oils are better than
ever. But they have their limitations! Friction causes heat which
leads to engine wear, poor performance, lower gas mileage and even
engine breakdown. {Super: "Friction Causes Engine Wear; Poor
Performance; Lower Gas Mileage"} Prolong Engine Treatment
turns any motor oil into a super lubricant. {Super: "Turns
Any Motor Oil Into a Super Lubricant."} Prolong is specially
formulated to bond to the metal, creating a low-friction surface,
one molecule thick, that lubricates your engine on start-up,
whether it's 20 below and freezing cold, or 100-plus in scorching
heat. This means you prolong engine life! {Super: "Prolong
Engine Life! Improve Performance! Increase Gas Mileage!"}
Improve performance, and increase gas mileage...." (p. 18)
- . . . .
(10) Consumer Endorser: "This transmission was
probably due for some serious service, like being rebuilt, and I
decided well, I'll put it off, and I just "Prolonged"
it, and it held in there for, like I say, another 40 to 50,000
miles! {Ken McClintick, Aerospace Engineer}" (p. 21)
(11) "Sand in the Engine" Demonstration
- Announcer: "...Elton [Alderman, President of
respondent] has drained the oil on a Chrysler V-8 engine, and
you can see it's empty by the window installed in the oil
pan...And now he's going to do something you have to see to
believe! ...{Super: "For Demonstration Purposes
Only; Always Follow MFG Instructions"} All these
demonstrations show you that Prolong can protect your engine,
even under extreme conditions!" (p. 24)
{Ad depicts sand being poured in the motor, then the water
hose being cut and the engine being revved up. The engine
keeps running.}
- . . . .
-
- Host: "...It's not only running but it's running
smoothly. {Super: "5000 RPM -- No Oil! No Water! 10 lbs.
Sand In The Engine"}...We've taken all of the oil out,
all of the water out, it's been treated with Prolong, we've
poured sand on the engine, and it's still running as if it
were a brand new engine!" (p.27)
- . . . .
- (12) Announcer: "Whether your car is old or new, the
sooner you add Prolong, the better! {Super: "The
Sooner, The Better"} Because up to 70% of friction and wear
occurs at start-up {Super: "70% Engine Damage on
Start-Up"}, before your engine is coated with motor oil!
Friction causes heat, which leads to engine wear, poor
performance, lower gas mileage, and even engine breakdown. {Super:
"Friction Causes Engine Wear; Poor Performance; Lower Gas
Mileage"}" (p. 29)
(13) SUPER: "Jim Snelling, First Lane Racing
School"
Snelling: "Starting a car first thing in the
morning, 'cause there's no oil protecting that motor. None.
There's no friction protection at all. Now what you get, and
most people don't understand is, that's where you get the wear
and tear on rings and pistons. And over a period of years,
that's what wears on motors, and that's why you have to have
it re-ringed and re-valved, and everything else!...{Referring
to Prolong Engine Treatment Concentrate bottle} I think you've
got something that's going to protect that, I definitely think
you do." (p. 30)
- . . . .
- B. Prolong Engine Treatment Concentrate Bottle Labeling (Exhibit
B)
- "Prolongs Engine Life"
- C. Promotional Brochure (Exhibit C):
- (1) "'This report describes friction and wear testing of
Prolong Engine Treatment...110 tests performed. The product was
found to have a significant wear reducing effect...friction was
reduced up to 51.6%, temperature was reduced up to 38.67% and
wear was reduced up to 78%.' Sintef Laboratories, Report No.
STF18 F87013"
(2) "'A lonely road can be even lonelier without Prolong
protection.' We hope that you will never have to drive your car
for miles without oil in 150 degree desert road temperatures,
but its [sic] nice to know its [sic] been done successfully
using Prolong Engine Treatment."
5. Through the means described in Paragraph 4, including but not
limited to the below-enumerated subsections of Paragraph 4, respondent
has represented, expressly or by implication, that:
- A. Compared to motor oil alone, Prolong ETC:
- (1) Reduces engine wear at start-up [Subsections A(9), A(12),
A(13)]; and
(2) Extends the duration of engine life [Subsections A(5), A(9),
B(1)];
- B. Prolong ETC:
- (1) Reduces corrosion in engines [Subsection A(5)]; and
(2) Protects against engine breakdowns [Subsections A(2), A(8),
A(9), A(11)-(13), C(2)];
- C. Benefits that may be achieved through use of Prolong ETC in
race cars or under racing conditions can be achieved in ordinary
automobiles in conventional use [Subsections A(6), A(7)]; and
D. Testimonials from consumers appearing in the advertisements for
Prolong ETC reflect the typical or ordinary experience of members of
the public who use the products.
6. 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.
7. 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 6 was, and is, false or
misleading.
8. The acts and practices of respondent as alleged in this complaint
constitute unfair or deceptive acts or practices in or affecting
commerce in violation of Section 5(a) of the Federal Trade Commission
Act.
THEREFORE, the Federal Trade Commission this day of , 1999, has issued
this complaint against respondent.
By the Commission.
Donald S. Clark
Secretary
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