9723209

In the Matter of

CASTROL NORTH AMERICA INC., a corporation.

DOCKET NO. C-3910

COMPLAINT

The Federal Trade Commission, having reason to believe that Castrol North America 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 Castrol North America Inc. is a Delaware corporation with its principal office or place of business at 1500 Valley Road, Wayne, New Jersey 07470.

2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed motor vehicle additive products to the public, including Castrol Syntec Power System, a fuel system treatment designed to be poured into an automobile's gas tank every 3,000 miles.

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 have caused to be disseminated advertisements for Castrol Syntec Power System, including but not necessarily limited to the attached Exhibits A through C. These advertisements contain the following statements and depictions:

A.

[Video: Depiction of a passenger car passing a light truck on a two-lane roadway. As the passenger car temporarily crosses over into the on-coming traffic lane to complete the passing maneuver, a tractor-trailer, with horns blowing, is shown a short distance away and moving quickly towards the passenger car. The passenger car accelerates and completes the passing maneuver just barely avoiding a head-on collision with the tractor-trailer.]

[Video: Depiction of a passenger car crossing a four-way intersection as a large bus also enters the intersection with horns blowing. The acceleration of the passenger car allows the car to cross the intersection a fraction of a second before it would have been involved in a collision with the bus that was entering the intersection to the right side of the car.]

Announcer: Now there's a fuel system treatment from Castrol that can improve acceleration when you need it most.

[Superscript: Applies only to vehicles with knock sensors.]

[Video: Depiction of a passenger car merging into highway traffic. The acceleration of the passenger car allows the car to successfully merge between two cars with enough speed to barely avoid an accident with the second car.]

Announcer: Introducing Castrol Syntec Power System with unique synthetic cleansers that reduce carbon deposits and can improve acceleration in today's advanced cars.

You never know when you'll need it next.

[Video: Graphical depiction of two cars traveling across the screen with one vehicle representing the Castrol Syntec Power System. The vehicle representing the Castrol Syntec Power System is shown advancing ahead of the other vehicle.]

Announcer: Castrol Syntec Power System.

Power when you need it.

Video Tagline: POWER WHEN YOU NEED IT

[Exhibit A: Television Advertisement]

B.

You start to pass the car in front of you and this is what you see.

(Now's a good time to talk about the benefits of Castrol Syntec Power System.)

[Photograph: Depiction of a tractor-trailer truck with glaring headlights appearing to present a dangerous situation for the driver attempting to pass another vehicle where quick acceleration would be necessary to avoid a head-on collision with the tractor-trailer truck.]

Introducing a new kind of fuel system treatment that can improve your acceleration. We've all experienced it before. That moment of truth when you realize you need all the acceleration you've got. Well rather than just stepping on the accelerator and praying, now there's a better option. Introducing Castrol Syntec Power System - an entirely new kind of fuel system treatment. Power System's unique synthetic cleansers reduce carbon deposits and can improve acceleration in today's advanced cars. Just one dose in your fuel tank begins restoring power almost immediately. So try new Castrol Syntec Power System. After all, you might not think you need the added power and acceleration. But do you really want to wait to find out?

POWER WHEN YOU NEED IT.

Footnote: Applies only to vehicles with knock sensors.

[Exhibit B: Magazine Advertisement]

C.

* * * *

Have you noticed that your car or truck doesn't have the pickup that it used to?

The Problem

Every time you drive, unburned gasoline decomposes in your fuel system leaving behind damaging carbon deposits. As deposits build up, today's high technology knock sensored engines actually de-tune themselves. This can result in hesitation, sluggishness, stalling and overall poor acceleration.

The Solution

Castrol SYNTEC POWER SYSTEM, the only fuel system treatment formulated with Syntec Molecular Components. These Unique Synthetic Cleansers are so powerful they remove deposits from your entire fuel system, and neutralize power robbing effects of combustion chamber deposits. In fact, Castrol SYNTEC POWER SYSTEM is far more powerful than ordinary fuel treatments, and is proven to reverse "engine de-tune" and improve acceleration in today's high technology engines.

[Depiction of a vehicle fuel system]

What are Unique Synthetic Cleansers?

They are exclusive, proprietary cleansers, chemically engineered to remove deposits from your entire fuel system. Castrol SYNTEC POWER SYSTEM's Unique Synthetic Cleansers:

Clean and prevent deposit buildup better than ordinary cleansers

Neutralize power robbing effects of combustion chamber deposits

Are more powerful than ordinary fuel treatments

Improve acceleration in today's high technology engines

better than ordinary fuel treatments

No other fuel treatment has Syntec's Unique Synthetic Cleansers!

Acceleration Chart

[Depiction of acceleration chart.

At bottom of chart is the following statement:]

2 car lengths faster (15-70mph)

How does it work?

Castrol SYNTEC POWER SYSTEM works in two ways. First, the Unique Synthetic Cleansers remove deposits throughout your fuel system

Fuel Injectors Carburetors Intake Valves

Intake Manifolds Fuel Intake Ports

Second, the Unique Synthetic Cleansers chemically modify power robbing combustion chamber deposits, and can actually help improve acceleration. Laboratory tests prove that Castrol SYNTEC POWER SYSTEM improves acceleration better than ordinary fuel treatments.

So, use Castrol SYNTEC POWER SYSTEM every 3,000 miles, or with every oil change, to clean your entire fuel system, prevent engine de-tune, improve acceleration and ensure the ultimate in engine performance.

* * * *

[Exhibit C: Product Label]

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

A. Castrol Syntec Power System fuel system treatment significantly improves engine power and acceleration in motor vehicles generally.

B. Castrol Syntec Power System is superior to other fuel system treatments in improving engine power and acceleration in motor vehicles generally.

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

A. Laboratory tests prove that Castrol Syntec Power System fuel system treatment significantly improves engine power and acceleration in motor vehicles generally.

B. Laboratory tests prove that Castrol Syntec Power System fuel system treatment is superior to other fuel system treatments in improving engine power and acceleration in motor vehicles generally.

9. In truth and in fact:

A. Laboratory tests do not prove that Castrol Syntec Power System fuel system treatment significantly improves engine power and acceleration in motor vehicles generally.

B. Laboratory tests do not prove that Castrol Syntec Power System fuel system treatment is superior to other fuel system treatments in improving engine power and acceleration in motor vehicles generally.

Therefore, the representations set forth in Paragraph 8 were, and are, false or misleading.

10. 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 thirteenth day of December, 1999, has issued this complaint against respondent.

By the Commission, Commissioner Leary not participating.

Donald S. Clark
Secretary

SEAL: