Indoor Tanning Association; Analysis of Proposed Consent Order to Aid Public Comment, 5322-5324 [2010-2129]

Download as PDF 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] mstockstill on DSKH9S0YB1PROD with NOTICES 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 Frm 00044 Fmt 4703 Sfmt 4703 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 http:// 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 — E:\FR\FM\02FEN1.SGM 02FEN1 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES including your name and your state — will be placed on the public record of this proceeding, including on the publicly accessible FTC website, at (http://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 (http://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 (http://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 (http://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 (http://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 (http:// 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02FEN1.SGM 02FEN1 mstockstill on DSKH9S0YB1PROD with NOTICES 5324 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 VerDate Nov<24>2008 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 PO 00000 Frm 00046 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 02FEN1

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]


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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 (http://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 (http://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 (http://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 (http://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 (http://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 (http://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