Herbs Nutrition Corporation, et al.; Analysis of Proposed Consent Order to Aid Public Comment, 4230-4231 [E8-1169]
Download as PDF
<![CDATA[
4230
Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Notices
Parties: Hapag-Lloyd AG and
Compania Sud Americana de Vapores
S.A.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell; 1850 M Street, NW.;
Suite 900; Washington, DC 20036.
Synopsis: The amendment would
reduce the amount of space chartered to
Compania Sud Americana de Vapores
S.A.
Agreement No.: 011962–004.
Title: Consolidated Chassis
Management Pool Agreement.
Parties: The Ocean Carrier Equipment
Management Association and its
member lines; the Association’s
subsidiary Consolidated Chassis
Management LLC and its affiliates;
China Shipping Container Lines Co.,
Ltd.; Companhia Libra de Navegacao;
Compania Libra de Navegacion
Uruguay; Matson Navigation Co.;
Mediterranean Shipping Co., S.A.;
Norasia Container Lines Limited;
Westwood Shipping Lines; and Zim
Integrated Shipping Services Ltd.
Filing Party: Jeffrey F. Lawrence, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW.; Suite 900; Washington, DC 20036.
Synopsis: The amendment would add
the Midwest Consolidated Chassis Pool
LLC as a member to the agreement.
Agreement No.: 012023.
Title: CSAV/NYK ECUS–WCSA Space
Charter Agreement.
Parties: Compania Sud Americana de
Vapores S.A. and Nippon Yusen Kaisha.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW.; Suite 900; Washington, DC 20036.
Synopsis: The agreement authorizes
CSAV to charter space to NYK for the
carriage of vehicles from Baltimore and
Miami to ports in Chile and Peru.
By Order of the Federal Maritime
Commission.
Dated: January 18, 2008.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E8–1225 Filed 1–23–08; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL TRADE COMMISSION
[Docket No. 9325]
Herbs Nutrition Corporation, et al.;
Analysis of Proposed Consent Order
to Aid Public Comment
Federal Trade Commission.
ACTION: Proposed Consent Agreement.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
VerDate Aug<31>2005
20:35 Jan 23, 2008
Jkt 214001
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
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 19, 2008.
ADDRESSES: Interested parties are
invited to submit written comments.
Comments should refer to ‘‘Herbs
Nutrition, Docket No. 9325,’’ 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, N.W.,
Washington, D.C. 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 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
website, 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 website. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at https://www.ftc.gov/
ftc/privacy.htm.
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
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).
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
FOR FURTHER INFORMATION CONTACT:
Gregory Ashe (202–326–3719) or Janice
Frankle (202–326–3022), Bureau of
Consumer Protection, 600 Pennsylvania
Avenue, NW., Washington, D.C. 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 3.25(f) of the Commission
Rules of Practice, 16 CFR 3.25(f), 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 17, 2008), on
the World Wide Web, at https://
www.ftc.gov/os/2008/01/index.htm. A
paper copy can be obtained from the
FTC Public Reference Room, Room 130H, 600 Pennsylvania Avenue, NW,
Washington, D.C. 20580, either in
person or by calling (202) 326-2222.
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
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, an agreement
containing a consent order from Herbs
Nutrition Corporation, a corporation,
and Syed Jafry, individually and as an
officer of Herbs Nutrition (together,
‘‘respondents’’). The proposed order
resolves the allegations of the complaint
issued against the respondents on
September 28, 2007.
The proposed consent order has been
placed on the public record for thirty
(30) days for 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 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 Eternal Woman
Progesterone Cream and Pro-Gest Body
Cream, transdermal creams that,
according to their respective labels,
contain, among other ingredients,
E:\FR\FM\24JAN1.SGM
24JAN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Notices
natural progesterone. According to the
Commission’s complaint, the
respondents represented that Eternal
Woman Progesterone Cream and ProGest Body Cream: (1) were effective in
preventing, treating, or curing
osteoporosis; (2) were effective in
preventing or reducing the risk of
estrogen-inducted endometrial (uterine)
cancer; and (3) did not increase the
user’s risk of developing breast cancer
and/or were effective in preventing or
reducing the user’s risk of developing
breast cancer. The complaint alleged
that the respondents failed to have
substantiation for these claims. The
proposed consent order contains
provisions designed to prevent the
respondents from engaging in similar
acts and practices in the future.
Part I of the proposed order requires
the respondents to have competent and
reliable scientific evidence
substantiating claims that any
progesterone product or any other
dietary supplement, food, drug, device
or health-related service or program is
effective in preventing, treating, or
curing osteoporosis, in preventing or
reducing the risk of estrogen-induced
endometrial cancer or breast cancer, or
in the mitigation, treatment, prevention,
or cure of any disease, illness, or health
condition; that it does not increase the
user’s risk of developing breast cancer,
is safe for human use, or has no side
effects; or about its health benefits,
performance, efficacy, safety, or side
effects.
Part II of the proposed order prevents
the respondents from misrepresenting
the existence, contents, validity, results,
conclusions, or interpretations of any
test, study, or research.
Part III of the proposed order provides
that the order does not prohibit the
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.
Parts IV through VIII require the
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
VerDate Aug<31>2005
20:35 Jan 23, 2008
Jkt 214001
corporate structure and changes in
employment that might affect
compliance obligations under the order;
and to file compliance reports with the
Commission. Part IX 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. 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.
Donald S. Clark
Secretary
[FR Doc. E8–1169 Filed 1–23–08: 8:45 am]
[BILLING CODE 6750–01–S]
FEDERAL TRADE COMMISSION
[File No. 072 3046]
Life is good, Inc., and Life is good
Retail, Inc.; Analysis of Proposed
Consent Order to Aid Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
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 19, 2008.
ADDRESSES: Interested parties are
invited to submit written comments.
Comments should refer to ‘‘Life is good,
File No. 072 3046,’’ 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, D.C. 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
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
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
4231
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
website, 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 website. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at https://www.ftc.gov/
ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT:
Jessica Rich, FTC Bureau of Consumer
Protection, 600 Pennsylvania Avenue,
NW., Washington, D.C. 20580, (202)
326-2252.
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 17, 2008), on
the World Wide Web, at https://
www.ftc.gov/os/2008/01/index.htm. A
paper copy can be obtained from the
FTC Public Reference Room, Room 130H, 600 Pennsylvania Avenue, NW.,
Washington, D.C. 20580, either in
person or by calling (202) 326-2222.
Public comments are invited, and may
be filed with the Commission in either
paper or electronic form. All comments
applicable law and the public interest. See
Commission Rule 4.9(c), 16 CFR 4.9(c).
E:\FR\FM\24JAN1.SGM
24JAN1
]]>Agencies
[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Notices]
[Pages 4230-4231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1169]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[Docket No. 9325]
Herbs Nutrition Corporation, 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 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 19, 2008.
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``Herbs Nutrition, Docket No. 9325,'' 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, N.W., Washington, D.C. 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 email 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 website, 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 website. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at https://
www.ftc.gov/ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: Gregory Ashe (202-326-3719) or Janice
Frankle (202-326-3022), Bureau of Consumer Protection, 600 Pennsylvania
Avenue, NW., Washington, D.C. 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. 3.25(f)
of the Commission Rules of Practice, 16 CFR 3.25(f), 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 17, 2008), on the World Wide Web, at https://www.ftc.gov/
os/2008/01/index.htm. A paper copy can be obtained from the FTC Public
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington,
D.C. 20580, either in person or by calling (202) 326-2222.
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 (``FTC'' or ``Commission'') has
accepted, subject to final approval, an agreement containing a consent
order from Herbs Nutrition Corporation, a corporation, and Syed Jafry,
individually and as an officer of Herbs Nutrition (together,
``respondents''). The proposed order resolves the allegations of the
complaint issued against the respondents on September 28, 2007.
The proposed consent order has been placed on the public record for
thirty (30) days for 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 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 Eternal Woman
Progesterone Cream and Pro-Gest Body Cream, transdermal creams that,
according to their respective labels, contain, among other ingredients,
[[Page 4231]]
natural progesterone. According to the Commission's complaint, the
respondents represented that Eternal Woman Progesterone Cream and Pro-
Gest Body Cream: (1) were effective in preventing, treating, or curing
osteoporosis; (2) were effective in preventing or reducing the risk of
estrogen-inducted endometrial (uterine) cancer; and (3) did not
increase the user's risk of developing breast cancer and/or were
effective in preventing or reducing the user's risk of developing
breast cancer. The complaint alleged that the respondents failed to
have substantiation for these claims. The proposed consent order
contains provisions designed to prevent the respondents from engaging
in similar acts and practices in the future.
Part I of the proposed order requires the respondents to have
competent and reliable scientific evidence substantiating claims that
any progesterone product or any other dietary supplement, food, drug,
device or health-related service or program is effective in preventing,
treating, or curing osteoporosis, in preventing or reducing the risk of
estrogen-induced endometrial cancer or breast cancer, or in the
mitigation, treatment, prevention, or cure of any disease, illness, or
health condition; that it does not increase the user's risk of
developing breast cancer, is safe for human use, or has no side
effects; or about its health benefits, performance, efficacy, safety,
or side effects.
Part II of the proposed order prevents the respondents from
misrepresenting the existence, contents, validity, results,
conclusions, or interpretations of any test, study, or research.
Part III of the proposed order provides that the order does not
prohibit the 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.
Parts IV through VIII require the 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
and changes in employment that might affect compliance obligations
under the order; and to file compliance reports with the Commission.
Part IX 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. 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.
Donald S. Clark
Secretary
[FR Doc. E8-1169 Filed 1-23-08: 8:45 am]
[BILLING CODE 6750-01-S]
