FOR RELEASE:
JULY 23,
1997
QUAKER
STATE
SUBSIDIARIES SETTLE FTC CHARGES AGAINST SLICK 50
Agreement Safeguards $10 Million in Redress to Consumers
Three subsidiaries of Quaker State Corp. have agreed to settle Federal
Trade Commission charges that ads for
Quaker
State's Slick 50 Engine
Treatment were false and unsubstantiated. Under the terms of the settlement,
the companies will be barred from making certain claims and required to have
substantiation for claims about the performance, benefits, efficacy or
attributes of their engine lubricant products. In addition, the settlement
will preserve the Commission's option to seek consumer redress if class
action suits currently being litigated against
Quaker
State and its subsidiaries
result in less than $10 million in consumer redress.
The three Quaker State subsidiaries named in the settlement are Blue
Coral, Inc., Blue Coral-Slick 50, Inc., and Blue Coral-Slick 50, Ltd. Blue
Coral, Inc., is based in Cleveland,
Ohio. Since its 1978 introduction,
Slick 50 has about 30 million users world-wide and retails for about $18 a
quart. The company claims to have about 60% of the engine treatment market.
In July, 1996, the FTC issued a complaint against four now-defunct Quaker
State
subsidiaries, which have been succeeded in interest by the three
subsidiaries named in the settlement. The FTC's
1996 complaint charged that ads for Slick 50 claiming improved engine
performance and reduced engine wear were deceptive. According to the 1996
complaint, Quaker State's
subsidiaries aired television and radio commercials and published brochures
carrying claims such as:
--"Every time you cold start your car without Slick 50 protection, metal
grinds against metal in your engine";
--"With each turn of the ignition you do unseen damage, because at cold
start-up most of the oil is down in the pan. But Slick 50's unique chemistry
bonds to engine parts. It reduces wear up to 50% for 50,000 miles";
--"What makes Slick 50 Automotive Engine Formula different is an advanced
chemical support package designed to bond a specially activated PTFE to the
metal in your engine."
According to the FTC complaint, these claims and similar ones falsely
represented that without Slick 50, auto engines generally have little or no
protection from wear at start-up and commonly experience premature failure
caused by wear. In fact, the complaint alleged, most automobile engines are
adequately protected from wear at start-up when they use motor oil as
recommended in the owner's manual. Moreover, it is uncommon for engines to
experience premature failure caused by wear, whether they have been treated
with Slick 50 or not, according to the FTC. Finally, the FTC alleged that
Slick 50 neither coats engine parts with a layer of PTFE nor meets military
specifications for motor oil additives, as falsely claimed.
The FTC complaint also charged that Slick 50 lacked substantiation for
advertising claims that, compared to motor oil
alone, the product:
--reduces engine wear;
--reduces engine wear by more than 50%;
--reduces engine wear by up to 50%;
--reduces engine wear at start-up;
--extends the duration of engine life;
--lowers engine temperatures;
--reduces toxic emissions;
--increases gas mileage; and
--increases horsepower.
In addition, the complaint alleged that the company did not have adequate
substantiation for its advertising claims that one treatment of Slick 50
continues to reduce wear for 50,000 miles and that it has been used in a
significant number of U.S. Government vehicles.
Finally, the complaint challenged ads stating that "tests prove" the
engine wear reduction claims make by Slick 50. In fact, according to the FTC
complaint, tests do not prove that Slick 50 reduces engine wear at start up,
or by 50%, or that one treatment reduces engine wear for 50,000 miles.
The agreement to settle the FTC charges bars any claims that:
--engines lack protection from wear at start-up unless they have been
treated with Slick 50 or a similar PTFE product;
--engines commonly experience premature failure caused by wear unless
they are treated with Slick 50 or a similar PTFE product; or,
--Slick 50 or a similar PTFE product coats engine parts with a layer of
PTFE.
In addition, the agreement will prohibit misrepresentations that Slick 50
or any engine lubricant meets the standards of any organization and
misrepresentations about tests or studies.
The settlement also prohibits any claims about the performance, benefits,
efficacy, attributes or use of engine lubricants unless Quaker State's
subsidiaries possess and rely on competent and reliable evidence to
substantiate the claims. In addition, it prohibits the Quaker State
subsidiaries from claiming that any other Slick 50 motor vehicle lubricant
reduces wear on a part, extends the part's life, lowers engine temperature,
reduces toxic emissions, increases gas mileage or increases horsepower
unless they can substantiate the claim. The subsidiaries also will be
required to notify resellers of the product about the settlement with the
FTC and the restrictions on advertising claims.
Finally, the agreement holds open the option that the FTC may seek
consumer redress. If the private class action suits against Slick 50
currently under litigation do not result in at least $10 million in redress
to consumers, the agency reserves its right to file its own federal district
court action for consumer redress. In addition, the FTC has reserved its
right to seek to intervene in any class action suit to oppose a settlement
it believes is not in the public interest.
The Commission vote to approve the proposed consent agreement was 5-0. A
summary of the agreement will be published in the Federal Register
shortly and will be subject to public comment for 60 days, after which the
Commission will decide whether to make it final. Comments should be
addressed to the FTC, Office of the Secretary,
6th Street and Pennsylvania Avenue, N.W.,
Washington,
D.C. 20580.
NOTE: A consent agreement is for settlement purposes
only and does not constitute an admission of a law violation. When the
Commission issues a consent order on a final basis, it carries the force of
law with respect to future actions. Each violation of such an order may
result in a civil penalty of $11,000.
Copies of the
complaint, consent agreement, and an analysis to aid public comment are
available on the Internet at the FTC's World
Wide Web site at:
http://www.ftc.gov
and also from the FTC's Public Reference Branch,
Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580;
202-326-2222; TTY for the hearing impaired 1-866-653-4261. To find out the
latest news as it is announced, call the FTC NewsPhone
recording at 202-326-2710.
# # #
MEDIA
CONTACT:
Claudia
Bourne Farrell
Office
of Public Affairs
202-326-2181
STAFF
CONTACT:
Elaine
D. Kolish or Mary K. Engle
Bureau
of Consumer Protection
202-326-3042 or 202-326-3161
(FTC
File No.
D09280) (slick)