Mark Eden Bust Developer - Mail Fraud

Mail Fraud

Starting in 1965, the United States Postal Service repeatedly attempted to shut the Mark Eden business down, claiming that its advertising was false and misleading. The Postal Service first ruled that the claims made for the Mark Eden bust developer in its advertising constituted mail fraud in 1966, ruling that the claims made in the original Mark Eden advertising "far exceed puffing", and that the advertisements contained "material misrepresentations", given that "(t)here is substantial evidence that the representations as set out in the attached copy of the advertisement involved in this case are false;" and "(t)hey are the kind of representations that would invite women to buy the device."

Protracted litigation between the Mark Eden business and the Postal Service was the result, leading to a consent decree and a modification of the language of the advertisements, which the Postal Service later claimed had been violated. The Mark Eden corporation then brought suit against the Postal Service, and won an injunction forbidding the Postmaster from impounding the device and funds received from its sale; this decision was affirmed on appeal in 1970.

The Mark Eden bust developer was one of several body and exercise products marketed by Feather, who also sold various other slimming and body modification products such as "Slim-Jeans", an "Astro-Trimmer", a "Sauna Belt", and in the 1980s, the Cambridge Diet. Finally, in 1981, Feather was indicted on 11 counts of mail fraud, and the Mark Eden bust developer disappeared from the market. Feather was made to pay a $1.1 million fine.

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