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):