9723209
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
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: