Advisory Committee on Immunization Practices, (ACIP), 57629-57630 [E8-23397]
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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
synergistic herbs (+ calcium in the
tablets).’’ Cleansing Time Pro Black
Salve is an ointment that respondent
recommends for external use.
Alternatively, respondent recommends
that consumers take the product
internally by purchasing Black Salve
Tablets or by placing an amount of the
Black Salve ointment into a gelatin
capsule.
The Commission’s complaint charges
that respondent claimed that Cleansing
Time Pro Black Salve & Tablets were
effective to treat, prevent, or cure
numerous forms of cancer and various
viral infections, including hepatitis,
HIV, SARS, West Nile Virus, and Avian
Bird Flu. The complaint alleges that
respondent did not have a reasonable
basis for these claims. The
Commission’s complaint also challenges
respondent’s testimonial advertising.
The complaint alleges that respondent
failed to disclose adequately that one of
the endorsers was respondent Holly A.
Bacon herself. The complaint alleges
that this was a deceptive act or practice,
because the fact that one of the
endorsers had a material connection
with Cleansing Time Pro would
materially affect the weight and
credibility given by consumers to the
endorsement and would be material to
consumers in their purchase or use of
the products.
The proposed consent order contains
provisions designed to prevent
respondent from engaging in similar
acts and practices in the future. Part I
requires respondent to have competent
and reliable scientific evidence
substantiating any claim that Cleansing
Time Pro Black Salve & Tablets, or any
other covered product or service, is
effective in the prevention, treatment or
cure of cancer, cancer, hepatitis, HIV,
SARS, West Nile Virus, or Avian Bird
Flu. A ‘‘covered product or service’’ is
defined as any food, dietary
supplement, or drug, including, but not
limited to, Cleansing Time Pro Black
Salve & Tablets, or any other healthrelated product, service, or program.
Part II requires that any future claim
about the absolute or comparative
benefits, performance, efficacy, safety or
side effects of any covered product or
service be truthful and supported by
competent and reliable scientific
evidence.
Part III of the proposed order
addresses the deceptive endorsement
claim by requiring that respondent
disclose any material connection
between an endorser and respondent, if
such a connection exists. ‘‘Material
connection’’ is defined as any
relationship that materially affects the
weight or credibility of the user
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23:33 Oct 02, 2008
Jkt 217001
testimonial or endorsement and that
would not reasonably be expected by
consumers.
Part IV of the proposed order provides
that the order does not prohibit
respondent from making representations
for any drug that are permitted in
labeling for the drug under any tentative
or final Food and Drug Administration
(‘‘FDA’’) standard or under any new
drug 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 V of the proposed order requires
respondent to compile a list of all
consumers who purchased Cleansing
Time Pro Black Salve & Tablets from
respondent since July 1, 2005, and to
mail a letter (Attached to the proposed
order as Attachment A) to each
purchaser describing the scientific
evidence related to these products. Part
VI prohibits respondent from providing
any identifying information about her
purchasers to anyone other than the
Commission, another law enforcement
agency, or as required by law.
Parts VII through X of the proposed
order require respondent to keep copies
of relevant advertisements and materials
that substantiate claims made in the
advertisements; to provide copies of the
order to certain of her employees; to
notify the Commission of her affiliation
with any new health-related business or
employment; and to file compliance
reports with the Commission. Part XI of
the proposed order is a ‘‘sunset’’
provision, dictating that the order will
terminate twenty years from the date it
is issued or twenty years after a
complaint is filed in federal court, by
either the United States or the FTC,
alleging any violation of the order.
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. E8–23327 Filed 10–2–08; 8:45 am]
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57629
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Advisory Committee on Immunization
Practices, (ACIP)
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 the following meeting of the
aforementioned committee:
Time and Date: 8 a.m.–6 p.m.,
October 22, 2008; 8 a.m.–5 p.m.,
October 23, 2008.
Place: CDC, Tom Harkin Global
Communications Center, 1600 Clifton
Road, NE., Building 19, Kent ‘‘Oz’’
Nelson Auditorium, Atlanta, Georgia
30333.
Status: Open to the public, limited
only by the space available.
Purpose: The committee is charged
with advising the Director, CDC, on the
appropriate uses of immunizing agents.
In addition, under 42 U.S.C. 1396s, the
committee is mandated to establish and
periodically review and, as appropriate,
revise the list of vaccines for
administration to vaccine-eligible
children through the Vaccines for
Children (VFC) program, along with
schedules regarding the appropriate
periodicity, dosage, and
contraindications applicable to the
vaccines.
Matters to be Discussed: The agenda
will include discussions on
Pneumococcal Vaccines; Anthrax
Vaccine; General Recommendations;
Human Papillomavirus Vaccines; Adult
Immunization Schedules; 2009
Immunization Schedules for children 0–
18 years of age; Hepatitis Vaccines;
Japanese Encephalitis Vaccine; Rabies
Vaccine Supply; Influenza;
Immunization Safety Update; Vaccine
Supply; Adolescent National
Immunization Survey Results; Rotavirus
Vaccines; MMRV Vaccine; and Tdap
(Boostrix) in Adults.
Agenda items are subject to change as
priorities dictate.
Contact Person for More Information:
Antonette Hill, Immunization Services
Division, National Center for
Immunization and Respiratory Diseases,
CDC, 1600 Clifton Road, NE., Mailstop
(E–05), Atlanta, Georgia 30333,
Telephone (404)639–8836, Fax
(404)639–8905.
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
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57630
Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
management activities for both CDC and
the Agency for Toxic Substances and
Disease Registry.
Dated: September 25, 2008.
Elaine L. Baker,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention.
[FR Doc. E8–23397 Filed 10–2–08; 8:45 am]
BILLING CODE 4160–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
treated as objections to the grant of the
contemplated co-exclusive license. Only
written comments and/or applications
for a license which are received by CDC
within thirty days of this notice will be
considered. Comments and objections
submitted in response to this notice will
not be made available for public
inspection, and, to the extent permitted
by law, will not be released under the
Freedom of Information Act, 5 U.S.C.
552. A signed Confidential Disclosure
Agreement will be required to receive a
copy of any pending patent application.
Dated: September 26, 2008.
James D. Seligman,
Chief Information Officer, Centers for Disease
Control and Prevention.
[FR Doc. E8–23398 Filed 10–2–08; 8:45 am]
Centers for Disease Control and
Prevention
Prospective Granting of a CoExclusive License
BILLING CODE 4163–18–P
Technology Transfer Office,
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice.
AGENCY:
This is a notice in accordance
with 35 U.S.C. 209(e) and 37 CFR
404.7(a)(1)(i) that the Technology
Transfer Office, Centers for Disease
Control and Prevention (CDC),
Department of Health and Human
Services (DHHS), is contemplating the
granting of a co-exclusive worldwide
license to practice the invention
embodied in the patent application
referred below to Mk-IX Technologies,
having a place of business in Huntsville,
Alabama. CDC intends to grant rights to
practice this invention to no more than
one other co-licensee. The patent rights
in these inventions have been assigned
to the government of the United States
of America. The patent application to be
licensed is:
SUMMARY:
mstockstill on PROD1PC66 with NOTICES
Non-Provisional Patent Application
Title: Wipes and Methods for Removal
of Metal Contamination from Surfaces.
Serial No. 11/039,178.
Filing date: 01/18/2005.
Issue Date: Patent pending.
The prospective exclusive license will
be royalty-bearing and will comply with
the terms and conditions of 35 U.S.C.
209 and 37 CFR 404.7.
ADDRESSES: Requests for a copy of these
patent applications, inquiries,
comments, and other materials relating
to the contemplated license should be
directed to Andrew Watkins, Director,
Technology Transfer Office, Centers for
Disease Control and Prevention (CDC),
4770 Buford Highway, Mailstop K–79,
Atlanta, GA 30341, telephone: (770)
488–8610; facsimile: (770) 488–8615.
Applications for an exclusive license
filed in response to this notice will be
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23:33 Oct 02, 2008
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[Document Identifier: CMS–10001, CMS–
10009, CMS–10272 and CMS–10242]
Agency Information Collection
Activities: Proposed Collection;
Comment Request
Centers for Medicare &
Medicaid Services, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Centers for Medicare & Medicaid
Services (CMS) is publishing the
following summary of proposed
collections for public comment.
Interested persons are invited to send
comments regarding this burden
estimate or any other aspect of this
collection of information, including any
of the following subjects: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions;
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
1. Type of Information Collection
Request: Extension of a currently
approved collection; Title of
Information Collection: Health
Insurance Portability and
Accountability Act (HIPAA)
Nondiscrimination Provisions and
Supporting Regulations in 45 CFR
146.121(h) and 121(i)(2)(i); Use: If
AGENCY:
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coverage has been denied to any
individual because the sponsor of a selffunded non-Federal governmental plan
had exempt the plan from the
nondiscrimination requirements under
45 CFR 146.180 ‘‘Treatment of NonFederal Governmental Plans’’, and the
plan sponsor subsequently chooses to
bring the plan into compliance, the plan
sponsor must comply with the
requirements under 45 CFR
146.121(i)(2)(i) ‘‘Special Transitional
Rule for Self-Funded Non-Federal
Governmental Plans Exempted under 45
CFR 146.180’’. To bring the plan into
compliance with the requirements, the
plan must notify the individual that the
plan will be coming into compliance,
afford the individual an opportunity to
enroll, specify the effective date of
compliance, and inform the individual
regarding any enrollment restrictions
that may apply under the terms of the
plan once the plan is in compliance.
Form Number: CMS–10001 (OMB#
0938–0827); Frequency: Yearly; Affected
Public: State, Local, or Tribal
Governments; Number of Respondents:
18; Total Annual Responses: 18; Total
Annual Hours: 194.
2. Type of Information Collection
Request: Extension of a currently
approved collection; Title of
Information Collection: Health
Insurance Portability and
Accountability Act (HIPAA)
Nondiscrimination Provisions and
Supporting Regulations in 45 CFR
146.121(f)(2)(v)(A); Use: Section 146.121
of the regulations requires Health plans
or issuers to disclose in all plan
materials the terms of certain wellness
programs including the availability of a
reasonable alternative standard. Plan
participants and their dependents need
this information to understand the
rights they have under HIPAA. States
and the Federal government may need
the information supplied by issuers to
properly perform their regulatory
functions. Form Number: CMS–10009
(OMB# 0938–0819); Frequency: Yearly;
Affected Public: State, Local, or Tribal
Governments; Number of Respondents:
2,600; Total Annual Responses: 2,600;
Total Annual Hours: 1,300.
3. Type of Information Collection
Request: New collection; Title of
Information Collection: Hospital
Leadership Quality Assessment Tool
(HLQAT); Use: In 2006, the Hospital
Leadership Collaborative (HLC)
launched a public-private partnership to
develop a CMS-endorsed selfassessment tool, ‘‘The Hospital
Leadership and Quality Assessment
Tool’’ (HLQAT) to assist hospitals in the
improvement of quality through
enhanced hospital governance,
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Agencies
[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57629-57630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23397]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Advisory Committee on Immunization Practices, (ACIP)
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 the following meeting of the aforementioned
committee:
Time and Date: 8 a.m.-6 p.m., October 22, 2008; 8 a.m.-5 p.m.,
October 23, 2008.
Place: CDC, Tom Harkin Global Communications Center, 1600 Clifton
Road, NE., Building 19, Kent ``Oz'' Nelson Auditorium, Atlanta, Georgia
30333.
Status: Open to the public, limited only by the space available.
Purpose: The committee is charged with advising the Director, CDC,
on the appropriate uses of immunizing agents. In addition, under 42
U.S.C. 1396s, the committee is mandated to establish and periodically
review and, as appropriate, revise the list of vaccines for
administration to vaccine-eligible children through the Vaccines for
Children (VFC) program, along with schedules regarding the appropriate
periodicity, dosage, and contraindications applicable to the vaccines.
Matters to be Discussed: The agenda will include discussions on
Pneumococcal Vaccines; Anthrax Vaccine; General Recommendations; Human
Papillomavirus Vaccines; Adult Immunization Schedules; 2009
Immunization Schedules for children 0-18 years of age; Hepatitis
Vaccines; Japanese Encephalitis Vaccine; Rabies Vaccine Supply;
Influenza; Immunization Safety Update; Vaccine Supply; Adolescent
National Immunization Survey Results; Rotavirus Vaccines; MMRV Vaccine;
and Tdap (Boostrix) in Adults.
Agenda items are subject to change as priorities dictate.
Contact Person for More Information: Antonette Hill, Immunization
Services Division, National Center for Immunization and Respiratory
Diseases, CDC, 1600 Clifton Road, NE., Mailstop (E-05), Atlanta,
Georgia 30333, Telephone (404)639-8836, Fax (404)639-8905.
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
[[Page 57630]]
management activities for both CDC and the Agency for Toxic Substances
and Disease Registry.
Dated: September 25, 2008.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease
Control and Prevention.
[FR Doc. E8-23397 Filed 10-2-08; 8:45 am]
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