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)
C. Promotional Brochure (Exhibit C):