Goen Technologies Corp., et al.; Analysis of Proposed Consent Order To Aid Public Comment, 1333-1334 [E7-206]

Download as PDF Federal Register / Vol. 72, No. 7 / Thursday, January 11, 2007 / Notices Governors not later than February 5, 2007. A. Federal Reserve Bank of Cleveland (Douglas A. Banks, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: 1. Middlefield Banc Corp, Middlefield, Ohio;, to acquire 100 percent of the voting shares of Emerald Bank and EB Interim Bank, both of Dublin, Ohio. B. Federal Reserve Bank of Chicago (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: 1. Grant County State Bancshares, Inc. Employee Stock Ownership Plan, Swayzee, Indiana;, to increase its ownership to 42 percent of the outstanding voting shares of Grant County State Bancshares, Inc., Swayzee, Indiana, as a result of a stock redemption, and thereby increase its indirect ownership of Grant County State Bank, Swayzee, Indiana. Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 26, 2007. A. Federal Reserve Bank of Chicago (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: 1. State Center Financial, Inc., State Center, Iowa, to engage de novo in extending credit and servicing loans, pursuant to section 225.28 (b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, January 8, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7–244 Filed 1–10–07; 8:45 am] BILLING CODE 6210–01–S FEDERAL TRADE COMMISSION Board of Governors of the Federal Reserve System, January 8, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7–243 Filed 1–10–07; 8:45 am] [File No. 042 3127] BILLING CODE 6210–01–S AGENCY: Goen Technologies Corp., et al.; Analysis of Proposed Consent Order To Aid Public Comment ACTION: FEDERAL RESERVE SYSTEM cprice-sewell on PROD1PC66 with NOTICES Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. VerDate Aug<31>2005 15:52 Jan 10, 2007 Jkt 211001 Federal Trade Commission. Proposed consent agreement. 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 and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. Comments must be received on or before February 5, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Goen Technologies Corp., et al., File No. 042 3127,’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission, Office of the Secretary, Room 135–H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The DATES: 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 1333 FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to email messages directed to the following email box: consentagreement@ftc.gov. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at http://www.ftc.gov/ ftc/privacy.htm. FOR FURTHER INFORMATION CONTACT: Matthew Daynard (202/326–3291), Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission 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 January 4, 2007), on the World Wide Web, at http://www.ftc.gov/ os/2007/01/index.htm. A paper copy can be obtained from the FTC Public Reference Room, Room 130–H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or by calling (202) 326–2222. comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). E:\FR\FM\11JAN1.SGM 11JAN1 1334 Federal Register / Vol. 72, No. 7 / Thursday, January 11, 2007 / Notices cprice-sewell on PROD1PC66 with NOTICES Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission has accepted, subject to final approval, an agreement containing a consent order from Goen Technologies Corp., Nutramerica Corp., TrimSpa, Inc., and Alexander Szynalski a/k/a Alexander Goen (together, ‘‘respondents’’). The proposed consent order has been placed on the public record for thirty (30) days for receipt 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 the comments received, and will decide whether it should withdraw from the agreement or make final the agreement’s proposed order. This matter involves the advertising and promotion of TrimSpa Completely Ephedra Free Formula X32 (‘‘TrimSpa X32’’), a dietary supplement that, according to its label, contains, among other ingredients, Hoodia gordonii, chromium, vanadium, glucomannan, citrus naringine, glucosamine HCI, cocoa extract, and green tea extract. According to the FTC complaint, respondents represented that TrimSpa X32 causes rapid and substantial weight loss; and that Hoodia gordonii—an African appetite suppressant—in TrimSpa X32 enables users to lose substantial amounts of weight by suppressing their appetite. The complaint alleges that respondents failed to have substantiation for these claims. The proposed consent order contains provisions designed to prevent respondents from engaging in similar acts and practices in the future. Part I of the proposed order requires respondents to have competent and reliable scientific evidence substantiating any claims that a covered product or service causes rapid and substantial weight loss or that the Hoodia gordonii, or any other appetite suppressant, in a covered product enables users to lose substantial amounts of weight by suppressing their appetite. The provision further requires that any such claim be true. A ‘‘covered product or service’’ is defined as ‘‘any dietary supplement, food, drug, or device, or any health-related service or program.’’ Part I.C. further requires that future claims about the health benefits, performance, efficacy, safety, or side VerDate Aug<31>2005 15:52 Jan 10, 2007 Jkt 211001 effects of any covered product or service be truthful and supported by competent and reliable scientific evidence. Part II of the proposed order provides that the order does not prohibit respondents from making representations for any drug that are permitted in labeling for the drug under any tentative final or final Food and Drug Administration (‘‘FDA’’) standard or under any new drug application approved by the FDA; representations for any medical device that are permitted in labeling under any new medical device application approved by the FDA; and 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 III provides for the payment of $1,500,000 to the Commission. Part IV of the proposed order requires respondents to provide the Commission with a list of all consumers who respondents know purchased TrimSpa X32 from March 1, 2003 through the date of entry of this Order. Parts V through IX require respondents to keep copies of relevant advertisements and materials substantiating claims made in the advertisements; to provide copies of the order to certain of their personnel; to notify the Commission of changes in corporate structure (for the corporate respondents) and changes in employment (for the individual respondent) that might affect compliance obligations under the order; and to file compliance reports with the Commission. Part X provides that the order will terminate after twenty (20) years under certain circumstances. 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 their terms. DEPARTMENT OF HEALTH AND HUMAN SERVICES By direction of the Commission, with Commissioner Rosch recused. Donald S. Clark, Secretary. [FR Doc. E7–206 Filed 1–10–07; 8:45 am] Health Resources and Services Administration BILLING CODE 6750–01–P AGENCY: PO 00000 Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control; Special Emphasis Panel: Musculoskeletal Research on Occupational Safety, Program Announcement (PA) 04–038 In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) announces a meeting of the aforementioned Special Emphasis Panel. Time and Date: 1 p.m.–2 p.m., January 29, 2007 (Closed). Place: National Institute for Occupational Safety and Health (NIOSH), CDC, 626 Cochrans Mill Road, Pittsburgh, PA 15236. Status: The meeting will be closed to the public in accordance with provisions set forth in section 552b(c)(4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92–463. Matters To Be Discussed: The meeting will include the review, discussion, and evaluation of a research grant application in response to ‘‘Musculoskeletal Research on Occupational Safety,’’ PA 04–038. For Further Information Contact: George Bokosh, Scientific Review Administrator, NIOSH, 626 Cochrans Mill Road, Pittsburgh, PA 15236, telephone (412) 386–6465. The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: January 4, 2007. Elaine Baker, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E7–215 Filed 1–10–07; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Advisory Committee on Organ Transplantation Health Resources and Services Administration (HRSA), HHS. ACTION: Notice of ACOT Meeting to be held by Conference Call. SUMMARY: The Advisory Committee on Organ Transplantation (ACOT) will be conducting a conference call to discuss Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Notices]
[Pages 1333-1334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-206]


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FEDERAL TRADE COMMISSION

[File No. 042 3127]


Goen Technologies Corp., et al.; Analysis of Proposed Consent 
Order To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

-----------------------------------------------------------------------

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 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 February 5, 2007.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Goen Technologies Corp., et al., File No. 
042 3127,'' to facilitate the organization of comments. A comment filed 
in paper form should include this reference both in the text and on the 
envelope, and should be mailed or delivered to the following address: 
Federal Trade Commission, Office of the Secretary, Room 135-H, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material must be filed in paper form, must be clearly 
labeled ``Confidential,'' and must comply with Commission Rule 4.9(c). 
16 CFR 4.9(c) (2005).\1\ The FTC is requesting that any comment filed 
in paper form be sent by courier or overnight service, if possible, 
because U.S. postal mail in the Washington area and at the Commission 
is subject to delay due to heightened security precautions. Comments 
that do not contain any nonpublic information may instead be filed in 
electronic form as part of or as an attachment to email messages 
directed to the following e-mail box: consentagreement@ftc.gov.
---------------------------------------------------------------------------

    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
---------------------------------------------------------------------------

    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at www.ftc.gov. As a matter of discretion, the FTC makes 
every effort to remove home contact information for individuals from 
the public comments it receives before placing those comments on the 
FTC Web site. More information, including routine uses permitted by the 
Privacy Act, may be found in the FTC's privacy policy, at http://
www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Matthew Daynard (202/326-3291), Bureau 
of Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  2.34 of 
the Commission 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 January 4, 2007), on the World Wide Web, at http://www.ftc.gov/os/
2007/01/index.htm. A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, 
DC 20580, either in person or by calling (202) 326-2222.

[[Page 1334]]

    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from Goen 
Technologies Corp., Nutramerica Corp., TrimSpa, Inc., and Alexander 
Szynalski a/k/a Alexander Goen (together, ``respondents'').
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt 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 the comments received, and will decide whether it should 
withdraw from the agreement or make final the agreement's proposed 
order.
    This matter involves the advertising and promotion of 
TrimSpa[supreg] Completely Ephedra Free Formula X32 (``TrimSpa X32''), 
a dietary supplement that, according to its label, contains, among 
other ingredients, Hoodia gordonii, chromium, vanadium, glucomannan, 
citrus naringine, glucosamine HCI, cocoa extract, and green tea 
extract. According to the FTC complaint, respondents represented that 
TrimSpa X32 causes rapid and substantial weight loss; and that Hoodia 
gordonii--an African appetite suppressant--in TrimSpa X32 enables users 
to lose substantial amounts of weight by suppressing their appetite. 
The complaint alleges that respondents failed to have substantiation 
for these claims. The proposed consent order contains provisions 
designed to prevent respondents from engaging in similar acts and 
practices in the future.
    Part I of the proposed order requires respondents to have competent 
and reliable scientific evidence substantiating any claims that a 
covered product or service causes rapid and substantial weight loss or 
that the Hoodia gordonii, or any other appetite suppressant, in a 
covered product enables users to lose substantial amounts of weight by 
suppressing their appetite. The provision further requires that any 
such claim be true. A ``covered product or service'' is defined as 
``any dietary supplement, food, drug, or device, or any health-related 
service or program.'' Part I.C. further requires that future claims 
about the health benefits, performance, efficacy, safety, or side 
effects of any covered product or service be truthful and supported by 
competent and reliable scientific evidence.
    Part II of the proposed order provides that the order does not 
prohibit respondents from making representations for any drug that are 
permitted in labeling for the drug under any tentative final or final 
Food and Drug Administration (``FDA'') standard or under any new drug 
application approved by the FDA; representations for any medical device 
that are permitted in labeling under any new medical device application 
approved by the FDA; and 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 III provides for the payment of $1,500,000 to the Commission.
    Part IV of the proposed order requires respondents to provide the 
Commission with a list of all consumers who respondents know purchased 
TrimSpa X32 from March 1, 2003 through the date of entry of this Order.
    Parts V through IX require respondents to keep copies of relevant 
advertisements and materials substantiating claims made in the 
advertisements; to provide copies of the order to certain of their 
personnel; to notify the Commission of changes in corporate structure 
(for the corporate respondents) and changes in employment (for the 
individual respondent) that might affect compliance obligations under 
the order; and to file compliance reports with the Commission. Part X 
provides that the order will terminate after twenty (20) years under 
certain circumstances.
    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 their terms.

    By direction of the Commission, with Commissioner Rosch recused.
Donald S. Clark,
Secretary.
 [FR Doc. E7-206 Filed 1-10-07; 8:45 am]
BILLING CODE 6750-01-P