Advisory Council for the Elimination of Tuberculosis: Notice of Charter Renewal, 16212 [E9-8072]
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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices
reasonable basis for these claims. The
complaint also alleges that respondents
falsely claimed that scientific research
proves that Native Essense Plus
prevents breast cancer, and that
scientific studies prove that Native
Essense with Cat’s Claw is effective in
the treatment of cancer.
Regarding chaparral herb, the
Commission’s complaint alleges that
respondents claimed that chaparral herb
is effective in treating and curing
cancer, is effective in causing people
with cancer to go into complete
remission without the need for any
other form of treatment, and is effective
in shrinking or eliminating cancerous
tumors. The complaint alleges that
respondents lacked a reasonable basis
for these claims.
The complaint also alleges that
respondents lacked a reasonable basis
for the claims that Mai-T Mushroom
Plus is effective in preventing, treating
and curing cancer, including but not
limited to lung cancer, stomach cancer,
hepatocellular cancer, leukemia, and
Kaposi’s sarcoma; and that Mai-T
Mushroom Plus is effective in inhibiting
the growth of cancerous tumors. Finally,
the complaint alleges that respondents
falsely claimed that clinical studies
prove that Maitake mushrooms and MaiT Mushroom Plus prevent and treat lung
cancer, stomach cancer, hepatocellular
cancer, leukemia, and Karposi’s
sarcoma, and inhibit tumor growth.
The proposed consent order contains
provisions designed to prevent
respondents from engaging in similar
acts and practices in the future. Part I
requires respondents to have competent
and reliable scientific evidence
substantiating any claim that Native
Essense (Rene Caisse) Formula tea or
extract, Native Essense Plus tea or
extract, Native Essense with Cat’s Claw
tea or extract, chaparral herb (or any
product containing chaparral herb),
Maitake mushroom extract, or Mai-T
Mushroom Plus Formula extract, or any
other covered product or service, is
effective in the treatment or cure of
cancer; prevents or lowers the risk of
cancer; is effective in reducing the size
of, or eliminating, cancerous tumors; or
is safe or non-toxic or has no side
effects. A ‘‘covered product or service’’
is defined as any food, dietary
supplement, or drug, including, but not
limited to any of the above products, or
any other health-related product,
service, or program.
Part II requires that any future claim
about the efficacy, performance, or
health-related benefits of any covered
product or service be truthful and
supported by competent and reliable
scientific evidence. Part III requires that
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respondents, in connection with the
advertising of any product, shall not
misrepresent, in any manner, expressly
or by implication, the existence,
contents, validity, results, conclusions,
or interpretations of any test, study, or
research.
Part IV 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 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
respondents to compile a list of all
consumers who purchased Native
Essense (Rene Caisse) Formula tea or
extract, Native Essense Plus tea or
extract, Native Essense with Cat’s Claw
tea or extract, chaparral herb (or any
product containing chaparral herb),
Maitake mushroom extract, or Mai-T
Mushroom Plus Formula extract from
respondents since July 1, 2005, and to
mail a letter (attached to the proposed
order as Attachment A) to each such
purchaser describing the scientific
evidence related to these products. Part
V also prohibits respondents from
providing any identifying information
about these purchasers to anyone other
than the Commission, another law
enforcement agency, or as required by
law.
Part VI of the proposed order requires
respondents to keep copies of relevant
advertisements and materials that
substantiate claims made in the
advertisements. Part VII requires
respondents to provide copies of the
order to certain of their employees. Part
VIII requires the corporate respondent to
notify the Commission at least thirty
days prior to any change in the
corporation that may affect compliance
obligations arising under this order. Part
IX requires the individual respondents
to notify the Commission of their
affiliation with any new business or
employment. Part X requires
respondents 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
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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.
Richard C. Donohue,
Acting Secretary.
[FR Doc. E9–8140 Filed 4–8–09: 8:45 am]
BILLING CODE: 6750–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Advisory Council for the Elimination of
Tuberculosis: Notice of Charter
Renewal
This gives notice under the Federal
Advisory Committee Act (Pub. L. 92–
463) of October 6, 1972, that the
Advisory Council for the Elimination of
Tuberculosis, Department of Health and
Human Services, has been renewed for
a 2-year period through March 15, 2011.
For information, contact Hazel Dean,
Sc.D., M.P.H., Executive Secretary,
Advisory Council for the Elimination of
Tuberculosis, Department of Health and
Human Services, 1600 Clifton Road,
NE., Mailstop E–10, Atlanta, Georgia
30333, telephone 404/639–8000 or fax
404/639–8600.
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 the
Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Dated: March 31, 2009.
Elaine L. Baker,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention.
[FR Doc. E9–8072 Filed 4–8–09; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
CDC/Health Resources and Services
Administration (HRSA) Advisory
Committee on HIV and STD Prevention
and Treatment
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the CDC announces
E:\FR\FM\09APN1.SGM
09APN1
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[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Page 16212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8072]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Advisory Council for the Elimination of Tuberculosis: Notice of
Charter Renewal
This gives notice under the Federal Advisory Committee Act (Pub. L.
92-463) of October 6, 1972, that the Advisory Council for the
Elimination of Tuberculosis, Department of Health and Human Services,
has been renewed for a 2-year period through March 15, 2011.
For information, contact Hazel Dean, Sc.D., M.P.H., Executive
Secretary, Advisory Council for the Elimination of Tuberculosis,
Department of Health and Human Services, 1600 Clifton Road, NE.,
Mailstop E-10, Atlanta, Georgia 30333, telephone 404/639-8000 or fax
404/639-8600.
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 the Centers for Disease Control and Prevention and the Agency
for Toxic Substances and Disease Registry.
Dated: March 31, 2009.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease
Control and Prevention.
[FR Doc. E9-8072 Filed 4-8-09; 8:45 am]
BILLING CODE 4163-18-P
