Indoor Tanning Association; Analysis of Proposed Consent Order to Aid Public Comment, 5322-5324 [2010-2129]
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5322
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
Board of Governors of the Federal Reserve
System, January 28, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010–2132 Filed 2–1–10; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than February
16, 2010.
A. Federal Reserve Bank of
Minneapolis (Jacqueline G. King,
Community Affairs Officer) 90
Hennepin Avenue, Minneapolis,
Minnesota 55480–0291:
1. Charles H. Burke III, Pierre, South
Dakota; as an individual, to acquire
voting shares of South Dakota
Bancshares Inc., and thereby indirectly
acquire voting shares of BankWest Inc.,
both of Pierre, South Dakota.
Board of Governors of the Federal Reserve
System, January 28, 2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010–2154 Filed 2–01–10; 8:45 am]
BILLING CODE 6210–01–S
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
website at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than February 26,
2010.
A. Federal Reserve Bank of New
York (Ivan Hurwitz, Bank Applications
Officer) 33 Liberty Street, New York,
New York 10045–0001:
1. Treetops Acquisition Group LP,
Treetops Acquisition Group II LP,
Treetops Acquisition Group Ltd.,
Treetops Acquisition Group II Ltd., CAM
Discount Ltd. and the Edgar M.
Bronfman Trusts A, B, C, D, E, F, G, all
of New York, New York; to acquire
additional voting shares, for a total of up
to 28.5 percent of the outstanding voting
shares of Israel Discount Bank, Ltd., Tel
Aviv, Israel, and thereby indirectly
acquire additional voting shares of
Discount Bancorp Inc., and Israel
Discount Bank of New York, both of
New York, New York.
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
Board of Governors of the Federal Reserve
System, January 28, 2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010–2153 Filed 2–1–10; 8:45 am]
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BILLING CODE 6210–01–S
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
VerDate Nov<24>2008
16:52 Feb 01, 2010
Jkt 220001
FEDERAL RESERVE SYSTEM
Sunshine Act Meeting
Board of
Governors of the Federal Reserve
System.
AGENCY HOLDING THE MEETING:
TIME AND DATE: 11:30 a.m., Monday,
February 8, 2010.
PO 00000
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Fmt 4703
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PLACE: Marriner S. Eccles Federal
Reserve Board Building, 20th and C
Streets, N.W., Washington, D.C. 20551.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
1. Personnel actions (appointments,
promotions, assignments,
reassignments, and salary actions)
involving individual Federal Reserve
System employees.
2. Any items carried forward from a
previously announced meeting.
FOR FURTHER INFORMATION CONTACT:
Michelle Smith, Director, or Dave
Skidmore, Assistant to the Board, Office
of Board Members at 202–452–2955.
SUPPLEMENTARY INFORMATION: You may
call 202–452–3206 beginning at
approximately 5 p.m. two business days
before the meeting for a recorded
announcement of bank and bank
holding company applications
scheduled for the meeting; or you may
contact the Board’s Web site at https://
www.federalreserve.gov for an electronic
announcement that not only lists
applications, but also indicates
procedural and other information about
the meeting.
Board of Governors of the Federal Reserve
System, January 29, 2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010–2226 Filed 1ndash;29–10; 11:15 pm]
BILLING CODE 6210–01–S
FEDERAL TRADE COMMISSION
[File No. 082 3159]
Indoor Tanning Association; 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 26, 2010.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Indoor
Tanning Assoc., File No. 082 3159’’ to
facilitate the organization of comments.
Please note that your comment —
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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
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including your name and your state —
will be placed on the public record of
this proceeding, including on the
publicly accessible FTC website, at
(https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’s Social Security Number;
date of birth; driver’s license number or
other state identification number, or
foreign country equivalent; passport
number; financial account number; or
credit or debit card number. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential. . . .,’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
material for which confidential
treatment is requested must be filed in
paper form, must be clearly labeled
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c), 16 CFR 4.9(c).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
public.commentworks.com/ftc/
indoortanningassoc) and following the
instructions on the web-based form. To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the weblink:
(https://public.commentworks.com/ftc/
indoortanningassoc.) If this Notice
appears at (https://www.regulations.gov/
search/index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at (https://www.ftc.gov/) to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Indoor Tanning
Assoc., File No. 082 3159’’ reference
both in the text and on the envelope,
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 FTC
Rule 4.9(c), 16 CFR 4.9(c).
VerDate Nov<24>2008
16:52 Feb 01, 2010
Jkt 220001
and should be mailed or delivered to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H-135 (Annex D), 600
Pennsylvania Avenue, NW, Washington,
DC 20580. 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.
The Federal Trade Commission Act
(‘‘FTC Act’’) and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the Commission 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.shtm).
FOR FURTHER INFORMATION CONTACT:
Janet Evans (202-326-2125), 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 § 2.34 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 26, 2010), on
the World Wide Web, at (https://
www.ftc.gov/os/actions.shtm). 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
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5323
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 the
Indoor Tanning Association
(‘‘respondent’’). 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 indoor tanning
products and facilities. According to the
FTC complaint, respondent represented,
in various advertisements, that tanning,
including indoor tanning, does not
increase the risk of skin cancer. The
complaint alleges that this claim is false
and unsubstantiated because tanning,
including indoor tanning, increases the
risk of skin cancer, including squamous
cell and melanoma skin cancers. Also,
according to the complaint, respondent
represented that: tanning, including
indoor tanning, poses no danger; indoor
tanning is approved by the government;
and indoor tanning is safer than tanning
outdoors because, in indoor tanning
facilities, the amount of ultraviolet light
is monitored and controlled. The FTC
complaint alleges that these claims are
false and unsubstantiated.
The FTC complaint further charges
that respondent represented that
research shows that vitamin D
supplements may harm the body’s
ability to fight disease; and that a recent
study in the prestigious Proceedings of
the National Academy of Sciences
determined that the risks of not getting
enough ultraviolet light far outweigh the
hypothetical risk of skin cancer, that
getting a healthy tan produces vitamin
D, and that increased vitamin D has
been linked to significantly decreasing
your risk of contracting internal cancers,
such as lung, kidney, or liver cancer.
The complaint alleges that these claims
are false and misleading. The FTC
complaint also alleges that respondent
represented that tanning causes the skin
to generate vitamin D and has health
benefits, but that respondent failed to
disclose facts that would be material to
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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
consumers in their purchase and use of
indoor tanning services, specifically,
that consumers can increase their
vitamin D levels through ultraviolet
levels lower than the amount needed to
get a tan, and that ultraviolet radiation
can injure the eyes and increases the
risk of skin cancer. The complaint
alleges that respondent’s failure to
disclose these facts, in light of the
representation made, is a deceptive
practice. Finally, the complaint alleges
that respondent provided to others the
means and instrumentalities to engage
in deceptive acts or practices.
The proposed consent order contains
provisions designed to prevent
respondent from engaging in similar
acts or practices in the future. The order
covers representations made in
connection with the manufacturing,
labeling, advertising, promotion,
offering for sale, sale, or distribution of
any covered product or service, in or
affecting commerce. It does not cover
representations made in noncommercial settings or contexts, such as
communications to legislative or
executive bodies. The order defines a
covered product or service as any
ultraviolet lamp or sunlamp product, as
defined in federal regulation 21 C.F.R.
§ 1040.20, or any commercial facility
where consumers may use ultraviolet
lamps or sunlamp products.
Part I of the order prohibits
respondent from making the following
representations: tanning, including
indoor tanning, does not increase the
risk of skin cancer; tanning, including
indoor tanning, is safe or poses no
danger; indoor tanning is approved by
the government; and indoor tanning is
safer than tanning outdoors because in
indoor tanning facilities, the amount of
ultraviolet light is monitored and
controlled. The ban on representations
that tanning, including indoor tanning,
is safe, is fencing-in relief. Part II of the
order prohibits respondent from
misrepresenting (1) that research shows
that vitamin D supplements may harm
the body’s ability to fight disease and (2)
that a study in the Proceedings of the
National Academy of Sciences
determined: (a) that sun exposure does
not cause skin cancer or melanoma, or
that the risk of such cancer is only
hypothetical; (b) that getting a tan is
healthy; (c) that the risks of not getting
enough ultraviolet light far outweigh the
risk of skin cancer; or (d) that vitamin
D has been linked to significantly
decreasing the risk of contracting lung,
kidney, or liver cancer.
Part III prohibits respondent from
making any representation about the
safety, health-related efficacy or
performance, or health-related risks or
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16:52 Feb 01, 2010
Jkt 220001
benefits, of any covered product or
service; or about the sources,
performance, efficacy, or health-related
risks or benefits of vitamin D; unless the
representation is non-misleading, and,
at the time it is made, respondent
possesses and relies upon competent
and reliable scientific evidence that is
sufficient in quality and quantity based
on standards generally accepted in the
relevant scientific fields to substantiate
that the representation is true. For the
purposes of the order, competent and
reliable scientific evidence is defined as
tests, analyses, research, studies, or
other evidence that have been
conducted and evaluated in an objective
manner by qualified persons, that are
generally accepted in the profession to
yield accurate and reliable results, and
whose results are consistent with the
body of reliable scientific evidence
relevant to the representation. Part IV of
the order prohibits respondent from
misrepresenting the existence, contents,
validity, results, conclusions, or
interpretations of any test, study,
survey, or research.
Part V of the order is a disclosure
provision. It prohibits respondent from
making any representation about the
safety or health benefits of any covered
product or service unless it makes the
following disclosure, clearly and
conspicuously, and in close proximity
to the representation: ‘‘NOTICE:
Exposure to ultraviolet radiation may
increase the likelihood of developing
skin cancer and can cause serious eye
injury.’’ In the event, however, that
respondent represents that exposure to
ultraviolet radiation produces vitamin D
in the body, or otherwise about the
effectiveness or usefulness of such
product for generation of vitamin D, the
required disclosure shall be as follows:
‘‘NOTICE: You do not need to become
tan for your skin to make vitamin D.
Exposure to ultraviolet radiation may
increase the likelihood of developing
skin cancer and can cause serious eye
injury.’’
Part VI of the order prohibits
respondent from providing to any other
person or entity any means or
instrumentalities that contain any
representation prohibited by the order.
Part VII requires respondent to send a
notice about the FTC’s law enforcement
action to all of its members, and all
other entities to which it provided
point-of-sale advertising on or after
January 1, 2008; the required notice is
attached to the order as Attachment A.
Parts VIII, IX, X, and XI of the consent
order require respondent to keep copies
of relevant advertisements and materials
substantiating claims made in the
advertisements; to provide copies of the
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Fmt 4703
Sfmt 4703
order to its personnel; to notify the
Commission of changes in corporate
structure that might affect compliance
obligations under the order; and to file
compliance reports with the
Commission. Part XII provides that the
order will terminate after twenty (20)
years, with certain exceptions.
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.
Donald S. Clark
Secretary.
[FR Doc. 2010–2129 Filed 2–1–10; 2:45 pm]
BILLING CODE 6750–01–S
OFFICE OF GOVERNMENT ETHICS
Agency Information Collection
Activities; Submission for OMB
Review; Proposed Collection;
Comment Request for an Unmodified
OGE Form 201 Ethics Act Access Form
AGENCY:
Office of Government Ethics
(OGE).
ACTION: Notice of request for agency and
public comments.
SUMMARY: After publication of this
second round notice, OGE plans to
submit an unmodified OGE Form 201
Ethics Act Access Form to the Office of
Management and Budget (OMB) for
review and approval of a three-year
extension under the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35).
DATES: Written comments by the public
and the agencies on this proposed
extension are invited and must be
received by March 4, 2010.
ADDRESSES: Comments may be
submitted, identified by the title of the
information collection activity, to the
Office of Information and Regulatory
Affairs, Attn: Ms. Sharon Mar, OMB
Desk Officer for the Office of
Government Ethics, by either of the
following methods within 30 days from
the date of publication in this Federal
Register:
Fax: 202–395–6974, Attn: Ms. Sharon
Mar, OMB Desk Officer for the Office of
Government Ethics;
E-mail: smar@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Paul
Ledvina at the Office of Government
Ethics; telephone: 202–482–9247; TTY:
800–877–8339; FAX: 202–482–9237; Email: paul.ledvina@oge.gov. An
electronic copy of the OGE Form 201 is
available in the Forms Library section of
E:\FR\FM\02FEN1.SGM
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Agencies
[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Notices]
[Pages 5322-5324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2129]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 082 3159]
Indoor Tanning Association; 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 26, 2010.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Indoor
Tanning Assoc., File No. 082 3159'' to facilitate the organization of
comments. Please note that your comment --
[[Page 5323]]
including your name and your state -- will be placed on the public
record of this proceeding, including on the publicly accessible FTC
website, at (https://www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as an individual's Social Security
Number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include any ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential. . . .,'' as provided in
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which
confidential treatment is requested must be filed in paper form, must
be clearly labeled ``Confidential,'' and must comply with FTC Rule
4.9(c), 16 CFR 4.9(c).\1\
---------------------------------------------------------------------------
\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 FTC Rule 4.9(c), 16 CFR
4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://public.commentworks.com/ftc/indoortanningassoc) and following the
instructions on the web-based form. To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink: (https://public.commentworks.com/ftc/indoortanningassoc.) If this Notice appears at (https://www.regulations.gov/search/index.jsp), you may also file an electronic
comment through that website. The Commission will consider all comments
that regulations.gov forwards to it. You may also visit the FTC website
at (https://www.ftc.gov/) to read the Notice and the news release
describing it.
A comment filed in paper form should include the ``Indoor Tanning
Assoc., File No. 082 3159'' 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 H-135 (Annex
D), 600 Pennsylvania Avenue, NW, Washington, DC 20580. 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.
The Federal Trade Commission Act (``FTC Act'') and other laws the
Commission administers permit the collection of public comments to
consider and use in this proceeding as appropriate. The Commission will
consider all timely and responsive public comments that it receives,
whether filed in paper or electronic form. Comments received will be
available to the public on the FTC website, to the extent practicable,
at (https://www.ftc.gov/os/publiccomments.shtm). As a matter of
discretion, the Commission 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.shtm).
FOR FURTHER INFORMATION CONTACT: Janet Evans (202-326-2125), 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. 2.34 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 26, 2010), on the World Wide Web, at (https://www.ftc.gov/os/actions.shtm). 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 the Indoor Tanning Association (``respondent''). 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 indoor
tanning products and facilities. According to the FTC complaint,
respondent represented, in various advertisements, that tanning,
including indoor tanning, does not increase the risk of skin cancer.
The complaint alleges that this claim is false and unsubstantiated
because tanning, including indoor tanning, increases the risk of skin
cancer, including squamous cell and melanoma skin cancers. Also,
according to the complaint, respondent represented that: tanning,
including indoor tanning, poses no danger; indoor tanning is approved
by the government; and indoor tanning is safer than tanning outdoors
because, in indoor tanning facilities, the amount of ultraviolet light
is monitored and controlled. The FTC complaint alleges that these
claims are false and unsubstantiated.
The FTC complaint further charges that respondent represented that
research shows that vitamin D supplements may harm the body's ability
to fight disease; and that a recent study in the prestigious
Proceedings of the National Academy of Sciences determined that the
risks of not getting enough ultraviolet light far outweigh the
hypothetical risk of skin cancer, that getting a healthy tan produces
vitamin D, and that increased vitamin D has been linked to
significantly decreasing your risk of contracting internal cancers,
such as lung, kidney, or liver cancer. The complaint alleges that these
claims are false and misleading. The FTC complaint also alleges that
respondent represented that tanning causes the skin to generate vitamin
D and has health benefits, but that respondent failed to disclose facts
that would be material to
[[Page 5324]]
consumers in their purchase and use of indoor tanning services,
specifically, that consumers can increase their vitamin D levels
through ultraviolet levels lower than the amount needed to get a tan,
and that ultraviolet radiation can injure the eyes and increases the
risk of skin cancer. The complaint alleges that respondent's failure to
disclose these facts, in light of the representation made, is a
deceptive practice. Finally, the complaint alleges that respondent
provided to others the means and instrumentalities to engage in
deceptive acts or practices.
The proposed consent order contains provisions designed to prevent
respondent from engaging in similar acts or practices in the future.
The order covers representations made in connection with the
manufacturing, labeling, advertising, promotion, offering for sale,
sale, or distribution of any covered product or service, in or
affecting commerce. It does not cover representations made in non-
commercial settings or contexts, such as communications to legislative
or executive bodies. The order defines a covered product or service as
any ultraviolet lamp or sunlamp product, as defined in federal
regulation 21 C.F.R. Sec. 1040.20, or any commercial facility where
consumers may use ultraviolet lamps or sunlamp products.
Part I of the order prohibits respondent from making the following
representations: tanning, including indoor tanning, does not increase
the risk of skin cancer; tanning, including indoor tanning, is safe or
poses no danger; indoor tanning is approved by the government; and
indoor tanning is safer than tanning outdoors because in indoor tanning
facilities, the amount of ultraviolet light is monitored and
controlled. The ban on representations that tanning, including indoor
tanning, is safe, is fencing-in relief. Part II of the order prohibits
respondent from misrepresenting (1) that research shows that vitamin D
supplements may harm the body's ability to fight disease and (2) that a
study in the Proceedings of the National Academy of Sciences
determined: (a) that sun exposure does not cause skin cancer or
melanoma, or that the risk of such cancer is only hypothetical; (b)
that getting a tan is healthy; (c) that the risks of not getting enough
ultraviolet light far outweigh the risk of skin cancer; or (d) that
vitamin D has been linked to significantly decreasing the risk of
contracting lung, kidney, or liver cancer.
Part III prohibits respondent from making any representation about
the safety, health-related efficacy or performance, or health-related
risks or benefits, of any covered product or service; or about the
sources, performance, efficacy, or health-related risks or benefits of
vitamin D; unless the representation is non-misleading, and, at the
time it is made, respondent possesses and relies upon competent and
reliable scientific evidence that is sufficient in quality and quantity
based on standards generally accepted in the relevant scientific fields
to substantiate that the representation is true. For the purposes of
the order, competent and reliable scientific evidence is defined as
tests, analyses, research, studies, or other evidence that have been
conducted and evaluated in an objective manner by qualified persons,
that are generally accepted in the profession to yield accurate and
reliable results, and whose results are consistent with the body of
reliable scientific evidence relevant to the representation. Part IV of
the order prohibits respondent from misrepresenting the existence,
contents, validity, results, conclusions, or interpretations of any
test, study, survey, or research.
Part V of the order is a disclosure provision. It prohibits
respondent from making any representation about the safety or health
benefits of any covered product or service unless it makes the
following disclosure, clearly and conspicuously, and in close proximity
to the representation: ``NOTICE: Exposure to ultraviolet radiation may
increase the likelihood of developing skin cancer and can cause serious
eye injury.'' In the event, however, that respondent represents that
exposure to ultraviolet radiation produces vitamin D in the body, or
otherwise about the effectiveness or usefulness of such product for
generation of vitamin D, the required disclosure shall be as follows:
``NOTICE: You do not need to become tan for your skin to make vitamin
D. Exposure to ultraviolet radiation may increase the likelihood of
developing skin cancer and can cause serious eye injury.''
Part VI of the order prohibits respondent from providing to any
other person or entity any means or instrumentalities that contain any
representation prohibited by the order. Part VII requires respondent to
send a notice about the FTC's law enforcement action to all of its
members, and all other entities to which it provided point-of-sale
advertising on or after January 1, 2008; the required notice is
attached to the order as Attachment A.
Parts VIII, IX, X, and XI of the consent order require respondent
to keep copies of relevant advertisements and materials substantiating
claims made in the advertisements; to provide copies of the order to
its personnel; to notify the Commission of changes in corporate
structure that might affect compliance obligations under the order; and
to file compliance reports with the Commission. Part XII provides that
the order will terminate after twenty (20) years, with certain
exceptions.
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.
Donald S. Clark
Secretary.
[FR Doc. 2010-2129 Filed 2-1-10; 2:45 pm]
BILLING CODE 6750-01-S