August 27/2008
Japan Fair Trade Commission
The Japan Fair Trade Commission (JFTC)investigated representations related to a pillow called “Kaimin Yumemakura” (hereinafter referred to as “Kaimin Yumemakura”) sold by TV TOKYO Direct, Inc. (hereinafter referred to as TV TOKYO Direct) and found that they were in violation of the provision of Item 1, Paragraph 1, Article 4 (Misleading representation about quality) under the Act against Unjustifiable Premiums and Misleading Representations. JFTC today issued a cease and desist order against TV TOKYO Direct in accordance with the provision of Paragraph 1, Article 6 of the Act.
1. Outline of the Party Concerned
| Entrepreneur | Address | Representative |
|---|---|---|
| TV TOKYO Direct, Inc. | 3-12, Toranomon 4-chome, Minato-ku, Tokyo | Katsumi Kiwata, Representative Director |
2. Outline of the Cease and Desist Order
(1) Outline of the violation
When selling Kaimin Yumemakura to general consumers, TV TOKYO Direct made representations as shown in the attached table from around January 2007 at the latest to around January 2008 in broadcast programs such as “Tereto Shop” and on the website it set up on the Internet. These representations gave the impression that germanium-coated beads used as the inner material of Kaimin Yumemakura had a far-infrared ray effect and deodorization effect and that bamboo fibers used for the cover of Kaimin Yumemakura had an antimicrobial effect. In reality, however, no germanium-coated beads were used in Kaimin Yumemakura and, from around April 2007 at the latest, bamboo fibers were not used.
(2) Outline of the cease and desist measures
A. TV Tokyo Direct shall publicly announce that the representations in (1) above gave general consumers the misleading impression that its goods were much better than they actually were.
B. TV TOKYO Direct shall take measures to prevent recurrence and have these measures thoroughly disseminated to its officers and employees.
C. TV TOKYO Direct shall not make similar representations in the future.
Attached Table
Representations in Broadcast Programs and Website
1. Representations in Broadcast Programs
| Period | From January 7, 2007 to November 2, 2007 | ||
|---|---|---|---|
| Representations | Representations related to germanium-coated beads | [Image] | [Sound] |
| “Far-infrared rays are generated from these beads at the neck level!” | “It is from these beads at the neck level that far-infrared rays are generated.” | ||
| “Far-infrared rays are generated!” | “Further, far-infrared rays are generated.” | ||
| “Deodorization effect with ＜beads coated with bamboo charcoal and germanium＞ !” | “At the neck level, here are beads coated with bamboo charcoal and germanium. These materials are used for the pillow.” | ||
| “Excellent deodorization effect with ＜beads coated with bamboo charcoal and germanium＞ !” | “Beads at the neck level are coated with bamboo charcoal and germanium and have a deodorization effect. The pillow will always be clean.” | ||
| Representations related to bamboo fibers | “Antimicrobial spec cover with bamboo fibers contained in the cloth” | “Exclusive antimicrobial cover with bamboo fibers contained in the cloth will be supplied with the pillow.” | |
2. Representations on the website
| Period | From around January 2007 at the latest to around January 2008 | |
|---|---|---|
| Representations | Representations related to germaniumcoated beads | “Very rare patented mixture beads coated with germanium and bamboo charcoal!!” “Beads processed with germanium powder and bamboo charcoal powder using Japan’s latest technology are used at the neck level.” “With the far-infrared ray effect obtained with germanium and bamboo charcoal, this pillow allows you to sleep in an ideal sleeping configuration without cooling your neck and shoulders.” “Deodorization effect with germanium powder and bamboo charcoal powder processing!” |
| Representations related to bamboo fibers | “Cover also has good antimicrobial characteristics due to the power of natural bamboo!” | |
*Every announcement is tentative translation. Please refer to the original text written in Japanese.
