[Federal Register Volume 65, Number 201 (Tuesday, October 17, 2000)]
[Notices]
[Page 61337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26648]
[[Page 61337]]
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FEDERAL TRADE COMMISSION.
[File No. 982 3035]
Weider Nutrition International, Inc.; Analysis to Aid Public
Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint that accompanies the consent agreement and the terms of the
consent order--embodied in the consent agreement--that would settle
these allegations.
DATES: Comments must be received on or before November 6, 2000.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 600 Pennsylvania Ave., NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Richard Cleland or Lemuel Dowdy, FTC/
S-4002, 600 Pennsylvania Ave., NW., Washington, DC 20580; (202) 326-
3088 or 326-2981.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Section 2.34 of
the Commisison's Rules of Practice (16 CFR 2.34), notice is hereby
given that the above-captioned consent agreement containing a consent
order to cease and desist, having been filed with and accepted, subject
to final approval, by the Commission, has been placed on the public
record for a period of thirty (30) days. The following Analysis to Aid
Public Comment describes the terms of the consent agreement, and the
allegations in the complaint. An electronic copy of the full text of
the consent agreement package can be obtained from the FTC Home Page
(for October 5, 2000), on the World Wide Web, at ``http://www.ftc.gov/
os/2000/09/index.htm.'' A paper copy can be obtained from the FTC
Public Reference Room, Room H-130, 600 Pennsylvania Avenue NW.,
Washington, DC 20580, either in person or by calling (202) 326-3627.
Public comment is invited. Comments should be directed to: FTC/
Office of the Secretary, Room 159, 600 Pennsylvania. Ave., NW.,
Washington, DC 20580. Two paper copies of each comment should be filed,
and should be accompanied, if possible by a 3\1/2\-inch diskette
containing an electronic copy of the comment. Such comments or views
will be considered by the Commission and will be available for
inspection and copying at its principal office in accordance with
section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR
4.9(b)(6)(ii)).
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted an agreement to a
proposed consent order from Weider Nutrition International, Inc.
(hereinafter ``Weider'').
The proposed consent order has been placed on the public record for
thirty (30) days for the reception of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and any comments received and will decide whether it should
withdraw from the agreement and take other appropriate action or make
final the agreement's proposed order.
This matter involves advertisements for a dietary supplement called
PhenCal or PhenCal 106. Advertisements claimed that PhenCal and PhenCal
106 have been proven to cause weight loss and to prevent the regaining
of lost weight. These advertisements appeared in major newspapers such
as the New York Times, the Washington Post, and USA Today.
The proposed complaint alleges that Weider could not substantiate
claims that PhenCal and PhenCal 106: (1) Cause significant weight loss;
(2) significantly increase a person's ability to maintain a reduced
caloric diet and exercise program; (3) significantly reduce food
cravings and eating binges; (4) prevent the regaining of lost weight;
(5) are as effective as the prescription weight loss treatment commonly
known as ``Phen-Fen''; and (6) are safe when used to promote or
maintain weight loss. The complaint also alleges that Weider made false
representations that claims (1), (3), (4), (5), and (6) above, had been
scientifically proven.
The proposed consent order contains provisions designed to prevent
the respondent from engaging in similar acts and practices in the
future.
Part I of the proposed order requires respondent, when advertising
any food, drug, dietary supplement or program, to possess competent and
reliable scientific evidence before making claims (1) through (6)
above.
Part II of the proposed order requires respondent, when advertising
any food, drug, dietary supplement, or program, to possess competent
and reliable scientific evidence before making claims relating to--
A. The safety of such product or program;
B. The effect of such product or program on any disease; or
C. The comparative or superior health benefit of such product or
program with respect to any other product or program.
Part III prohibits respondent from misrepresenting the existence,
contents, validity, results, conclusions, or interpretations of any
test, study or research in an advertisement for any food, drug, dietary
supplement or program.
Part IV allows the respondent to make representations for any drug
that are permitted in labeling for that drug under any tentative final
or final Food and Drug Administration (``FDA'') standard or under any
new drug application approved by the FDA.
Part V allows the respondent to make representations for any
product that are specifically permitted in labeling for that product by
regulations issued by the FDA under the Nutrition Labeling and
Education Act of 1990.
Part VI requires respondent to pay $400,000 to the Commission.
These funds will be used for consumer redress or, if that is
impracticable, the funds will be paid to the United States Treasury.
Part VII requires respondent to retain, and make available to the
Commission, upon request, all advertisements and promotional materials
containing any representation covered by the order, as well as any
materials that it relied upon in disseminating the representation and
any materials that contradict, qualify, or call into question the
representation.
The remainder of the proposed order contains standard requirements
that the respondent distribute the order to relevant personnel, that
respondent notify the Commission of any changes in corporate structure
that might affect compliance with the order and that the respondent
file one or more reports detailing its compliance with the order.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the agreement and proposed order, or to modify in any
way its terms.
By direction of the Commission.
C. Landis Plummer,
Acting Secretary.
[FR Doc. 00-26648 Filed 10-16-00; 8:45 am]
BILLING CODE 6750-01-M