Lornamead, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 31939-31941 [2014-12734]

Download as PDF Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995. Our customers will be able to submit this form on paper or electronically. This form is used by insurance brokers to register with Export-Import Bank. It provides ExportImport Bank staff with the information necessary to make a determination of the eligibility of the broker to receive commission payments under ExportImport Bank’s credit insurance programs. Form can be viewed at http://www. exim.gov/pub/pending/eib92-79.pdf. Comments must be received on or before July 3, 2014, to be assured of consideration. DATES: Comments may be submitted electronically on www.regulations.gov or by mail to Office of Information and Regulatory Affairs, 725 17th Street NW., Washington, DC 20038, Attn: OMB 3048–0024. ADDRESSES: sroberts on DSK4SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Title and Form Number: EIB 92–27 Broker Registration Form. OMB Number: 3048–0024. Type of Review: Regular. Need and Use: This form is used by insurance brokers to register with Export Import Bank. The form provides Export Import Bank staff with the information necessary to make a determination of the eligibility of the broker to receive commission payments under Export Import Bank’s credit insurance programs. Affected Public: This form affects entities engaged in brokering export credit insurance policies. Annual Number of Respondents: 50. Estimated Time per Respondent: 15 minutes. Government Review Time per Response: 2 hours. Frequency of Reporting or Use: Once every three years. Government Reviewing Time per Year: 100 hours. Average Wages per Hour: $42.50. Average Cost per Year: $4,250. Benefits and Overhead: 20%. Total Government Cost: $5,100. Bonita Jones, Program Analyst, Records Management Divison. [FR Doc. 2014–12785 Filed 6–2–14; 8:45 am] BILLING CODE 6690–01–P VerDate Mar<15>2010 17:35 Jun 02, 2014 Jkt 232001 FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company 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 shares of 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 offices 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 June 18, 2014. A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480–0291: 1. Charles A. Bon, Robinson, North Dakota, and Thomas A. Bon, Fargo, North Dakota; to acquire voting shares of The First and Farmers Bank Holding Company, and thereby indirectly acquire voting shares of The First and Farmers Bank, both in Portland, North Dakota. B. Federal Reserve Bank of Dallas (E. Ann Worthy, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– 2272: 1. Robert F. Barnard, individually, Christopher G. Barnard, Robert F. Barnard, all of Celeste, Texas, and Bill N. Barnard, Forney, Texas, collectively; to acquire voting shares of Metroplex North Bancshares, Inc., and thereby indirectly acquire voting shares of The First Bank of Celeste, both in Celeste, Texas. Board of Governors of the Federal Reserve System, May 29, 2014. Michael J. Lewandowski, Associate Secretary of the Board. [FR Doc. 2014–12783 Filed 6–2–14; 8:45 am] BILLING CODE 6210–01–P FEDERAL TRADE COMMISSION [File No. 122 3255] Lornamead, Inc.; Analysis of Proposed Consent Order To Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 31939 The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order 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 June 27, 2014. ADDRESSES: Interested parties may file a comment at https://ftcpublic.comment works.com/ftc/lornameadconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Lornamead, Inc.—Consent Agreement; File No. 122 3255’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ lornameadconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Linda K. Badger, FTC Western Region, San Francisco (415–848–5100), 901 Market Street, Suite 570, San Francisco, CA 94103. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing 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 May 28, 2014), on the World Wide Web, at http://www.ftc.gov/ os/actions.shtm. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before June 27, 2014. Write ‘‘Lornamead, Inc.—Consent Agreement; File No. 122 3255’’ on your comment. SUMMARY: E:\FR\FM\03JNN1.SGM 03JNN1 sroberts on DSK4SPTVN1PROD with NOTICES 31940 Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/public comments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone’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. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which . . . is privileged or confidential,’’ as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ lornameadconsent by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also 1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Mar<15>2010 17:35 Jun 02, 2014 Jkt 232001 may file a comment through that Web site. If you file your comment on paper, write ‘‘Lornamead, Inc.—Consent Agreement; File No. 122 3255’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that 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 on or before June 27, 2014. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http:// www.ftc.gov/ftc/privacy.htm. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, an agreement containing consent order from Lornamead, Inc. (‘‘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 and take appropriate action or make final the agreement’s proposed order. This matter involves respondent’s advertising, marketing, and sale of a line of products including ‘‘Lice Shield Shampoo & Conditioner in 1,’’ ‘‘Lice Shield Leave In Spray,’’ and ‘‘Lice Shield Gear Guard’’ (collectively, ‘‘Lice Shield products’’). Respondent marketed Lice Shield products in retail stores and on the Internet. According to the FTC’s proposed complaint, respondent promoted Lice Shield products, which contain essential oils such as citronella, as a way to avoid, or to reduce the risk of, getting a head lice infestation (‘‘pediculosis’’). Lice Shield PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 products are intended strictly as a means to deter lice, and not as a means to treat an existing head lice infestation. These products do not kill head lice or their eggs. The proposed complaint alleges that respondent made several claims in various advertisements regarding the efficacy of Lice Shield products to deter lice, including that applying the products to hair or head gear: prevents head lice infestations; decreases the likelihood of an infestation by over 80%; dramatically reduces the likelihood of an infestation during an outbreak; or reduces the likelihood of an infestation during an outbreak. Respondent also allegedly represented that Lice Shield products are more effective when consumers use both the shampoo and the leave-in spray. The proposed complaint alleges that these claims are unsubstantiated and thus violate the FTC Act. Further, the proposed complaint alleges that respondent represented, in various advertisements, that scientific tests prove that, when used as directed, Lice Shield products will significantly reduce the likelihood or chance of a head lice infestation. The complaint alleges that this claim is false and thus violates the FTC Act. The proposed consent order contains provisions designed to prevent respondent from engaging in similar acts or practices in the future. Part I of the order prohibits respondent from representing that use of any drug, cosmetic, or pesticide is effective in: (a) Preventing pediculosis, (b) eliminating or reducing the risk of pediculosis by a specific percentage or amount, or (c) repelling all lice, or a specific percentage or amount of lice from a person’s head, unless the representation is non-misleading, and, at the time it is made, respondent possesses and relies upon competent and reliable scientific evidence that substantiates that the representation is true. For purposes of this Part I, competent and reliable scientific evidence shall consist of at least one adequate and well-controlled human clinical study of the product, or of an essentially equivalent product, that conforms to an acceptable design and protocol and whose results, when considered in light of the entire body of relevant and reliable scientific evidence, are sufficient to substantiate that the representation is true. Part II of the proposed order prohibits any representation, other than those covered under Part I, that use of any drug, cosmetic, or pesticide, will reduce the risk of a head lice infestation or repel lice, unless the representation is non-misleading, and, at the time of E:\FR\FM\03JNN1.SGM 03JNN1 sroberts on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 106 / Tuesday, June 3, 2014 / Notices making such representation, 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, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. For purposes of this Part, competent and reliable scientific evidence means tests, analyses, research, or studies that have been conducted and evaluated in an objective manner by qualified persons, and that are generally accepted in the profession to yield accurate and reliable results. Part III of the proposed order prohibits any representation, other than those covered under Part I, about the health benefits of any drug, cosmetic, or pesticide, unless the representation is non-misleading, and at the time of making such representation, the 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, when considered in light of the entire body of relevant and reliable scientific evidence, to substantiate that the representation is true. For purposes of this Part, competent and reliable scientific evidence means tests, analyses, research, or studies that have been conducted and evaluated in an objective manner by qualified persons, and that are generally accepted in the profession to yield accurate and reliable results. Part IV of the proposed order addresses the allegedly false claim that scientific tests prove that use of Lice Shield products significantly reduces the risk or likelihood of a head lice infestation. Part IV prohibits respondent from misrepresenting the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research, when advertising any drug, cosmetic, or pesticide. Part V of the proposed order states that the order does not prohibit respondent from making representations for any drug that are permitted in labeling for that drug under any tentative or final standard promulgated by the Food and Drug Administration (‘‘FDA’’), or under any new drug application approved by the FDA. Part VI of the proposed order requires respondent to pay five hundred thousand dollars ($500,000) to the Commission. This payment shall be deposited in the United States Treasury as disgorgement. Parts VII, VIII, IX, and X of the proposed order require respondent to VerDate Mar<15>2010 17:35 Jun 02, 2014 Jkt 232001 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 XI 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. It is not intended to constitute an official interpretation of the proposed order or to modify its terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2014–12734 Filed 6–2–14; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Statement of Organization, Functions, and Delegations of Authority; Office of the National Coordinator for Health Information Technology Part A, Office of the Secretary, Statement of Organization, Functions, and Delegations of Authority for the Department of Health and Human Services, Chapter AR, Office of the National Coordinator for Health Information Technology (ONC), as last amended at 77 FR 29349–50 (May 17, 2012), 76 FR 65196 (Oct. 20, 2011), 76 FR 6795 (Feb. 8, 2011), 75 FR 49494 (Aug. 13, 2010), 74 FR 62785–86 (Dec. 1, 2009), and 70 FR 48718–20 (Aug. 19, 2005), is amended as follows: I. Under AR.10, Organization, delete all of components and replace with the following: A. Immediate Office of the National Coordinator (ARA) B. Office of Clinical Quality and Safety (ARG) C. Office of Planning, Evaluation, and Analysis (ARB) D. Office of Standards and Technology (ARC) E. Office of Programs (ARD) F. Office of Public Affairs and Communications (ARH) G. Office of the Chief Operating Officer (ARE) H. Office of the Chief Privacy Officer (ARF) I. Office of Policy (ARI) J. Office of Care Transformation (ARJ) K. Office of the Chief Scientist (ARK) PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 31941 II. Delete AR.20, Functions, in its entirety and replace with the following: Section AR.20, Functions A. Immediate Office of the National Coordinator (ARA): The Immediate Office of the National Coordinator (IO/ ONC) is headed by the National Coordinator, who provides leadership and executive and strategic direction for the ONC organization. The National Coordinator is responsible for carrying out ONC’s mission and implementing the functions of the ONC. The IO/ONC: (1) Ensures that key health information technology initiatives are coordinated across HHS programs; (2) ensures that health information technology policy and programs of HHS are coordinated with those of relevant executive branch agencies (including federal commissions and advisory committees) with a goal of avoiding duplication of effort and of helping to ensure that each agency undertakes activities primarily within the areas of its greatest expertise and technical capability; (3) reviews federal health information technology investments to ensure federal health information technology programs are meeting the objectives of the strategic plan, required under Executive Order 13335, to create a nationwide interoperable health information technology infrastructure; (4) at the request of OMB, provides comments and advice regarding specific federal health information technology programs; (5) develops, maintains, and reports on measurable outcome goals for health information technology to assess progress within HHS and other executive branch agencies; and in the private sector, in developing and implementing a nationwide interoperable health infrastructure (HIE coordination); (6) provides oversight of the ONC federal health architecture; and (7) fulfills the administrative (i.e., executive secretariat), reporting, program management, legislative affairs, infrastructure, and budget support needs of the office. The Deputy National Coordinator, a part of the IO/ONC, works with and reports directly to the National Coordinator and is responsible for supporting the National Coordinator in day-to-day operations and strategy for ONC, internal information technology strategy, and staff management of ONC for those reporting to the Deputy or as requested by the National Coordinator. The Deputy in conjunction with the National Coordinator and Chief of Staff provides executive oversight for the activities of all ONC offices. E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Pages 31939-31941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12734]


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FEDERAL TRADE COMMISSION

[File No. 122 3255]


Lornamead, Inc.; 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. The attached Analysis of Proposed Consent Order 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 June 27, 2014.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/lornameadconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Lornamead, Inc.--
Consent Agreement; File No. 122 3255'' on your comment and file your 
comment online at https://ftcpublic.commentworks.com/ftc/lornameadconsent by following the instructions on the web-based form. 
If you prefer to file your comment on paper, mail your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 
20580, or deliver your comment to the following address: Federal Trade 
Commission, Office of the Secretary, Constitution Center, 400 7th 
Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Linda K. Badger, FTC Western Region, 
San Francisco (415-848-5100), 901 Market Street, Suite 570, San 
Francisco, CA 94103.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreement 
containing 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 May 28, 2014), on the World Wide Web, at 
http://www.ftc.gov/os/actions.shtm.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before June 27, 2014. 
Write ``Lornamead, Inc.--Consent Agreement; File No. 122 3255'' on your 
comment.

[[Page 31940]]

Your comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone'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. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which . . . is privileged or confidential,'' as discussed in Section 
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
---------------------------------------------------------------------------

    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/lornameadconsent by following the instructions on the web-based 
form. If this Notice appears at http://www.regulations.gov/#!home, you 
also may file a comment through that Web site.
    If you file your comment on paper, write ``Lornamead, Inc.--Consent 
Agreement; File No. 122 3255'' on your comment and on the envelope, and 
mail your comment to the following address: Federal Trade Commission, 
Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 
(Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC 20024. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice and the news release describing it. The FTC Act and other laws 
that 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 on or before June 27, 2014. You can find more information, 
including routine uses permitted by the Privacy Act, in the 
Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing consent 
order from Lornamead, Inc. (``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 and take 
appropriate action or make final the agreement's proposed order.
    This matter involves respondent's advertising, marketing, and sale 
of a line of products including ``Lice Shield Shampoo & Conditioner in 
1,'' ``Lice Shield Leave In Spray,'' and ``Lice Shield Gear Guard'' 
(collectively, ``Lice Shield products''). Respondent marketed Lice 
Shield products in retail stores and on the Internet. According to the 
FTC's proposed complaint, respondent promoted Lice Shield products, 
which contain essential oils such as citronella, as a way to avoid, or 
to reduce the risk of, getting a head lice infestation 
(``pediculosis''). Lice Shield products are intended strictly as a 
means to deter lice, and not as a means to treat an existing head lice 
infestation. These products do not kill head lice or their eggs.
    The proposed complaint alleges that respondent made several claims 
in various advertisements regarding the efficacy of Lice Shield 
products to deter lice, including that applying the products to hair or 
head gear: prevents head lice infestations; decreases the likelihood of 
an infestation by over 80%; dramatically reduces the likelihood of an 
infestation during an outbreak; or reduces the likelihood of an 
infestation during an outbreak. Respondent also allegedly represented 
that Lice Shield products are more effective when consumers use both 
the shampoo and the leave-in spray. The proposed complaint alleges that 
these claims are unsubstantiated and thus violate the FTC Act. Further, 
the proposed complaint alleges that respondent represented, in various 
advertisements, that scientific tests prove that, when used as 
directed, Lice Shield products will significantly reduce the likelihood 
or chance of a head lice infestation. The complaint alleges that this 
claim is false and thus violates the FTC Act.
    The proposed consent order contains provisions designed to prevent 
respondent from engaging in similar acts or practices in the future. 
Part I of the order prohibits respondent from representing that use of 
any drug, cosmetic, or pesticide is effective in: (a) Preventing 
pediculosis, (b) eliminating or reducing the risk of pediculosis by a 
specific percentage or amount, or (c) repelling all lice, or a specific 
percentage or amount of lice from a person's head, unless the 
representation is non-misleading, and, at the time it is made, 
respondent possesses and relies upon competent and reliable scientific 
evidence that substantiates that the representation is true. For 
purposes of this Part I, competent and reliable scientific evidence 
shall consist of at least one adequate and well-controlled human 
clinical study of the product, or of an essentially equivalent product, 
that conforms to an acceptable design and protocol and whose results, 
when considered in light of the entire body of relevant and reliable 
scientific evidence, are sufficient to substantiate that the 
representation is true.
    Part II of the proposed order prohibits any representation, other 
than those covered under Part I, that use of any drug, cosmetic, or 
pesticide, will reduce the risk of a head lice infestation or repel 
lice, unless the representation is non-misleading, and, at the time of

[[Page 31941]]

making such representation, 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, when considered in light of the entire body 
of relevant and reliable scientific evidence, to substantiate that the 
representation is true. For purposes of this Part, competent and 
reliable scientific evidence means tests, analyses, research, or 
studies that have been conducted and evaluated in an objective manner 
by qualified persons, and that are generally accepted in the profession 
to yield accurate and reliable results.
    Part III of the proposed order prohibits any representation, other 
than those covered under Part I, about the health benefits of any drug, 
cosmetic, or pesticide, unless the representation is non-misleading, 
and at the time of making such representation, the 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, when considered in light of 
the entire body of relevant and reliable scientific evidence, to 
substantiate that the representation is true. For purposes of this 
Part, competent and reliable scientific evidence means tests, analyses, 
research, or studies that have been conducted and evaluated in an 
objective manner by qualified persons, and that are generally accepted 
in the profession to yield accurate and reliable results.
    Part IV of the proposed order addresses the allegedly false claim 
that scientific tests prove that use of Lice Shield products 
significantly reduces the risk or likelihood of a head lice 
infestation. Part IV prohibits respondent from misrepresenting the 
existence, contents, validity, results, conclusions, or interpretations 
of any test, study, or research, when advertising any drug, cosmetic, 
or pesticide.
    Part V of the proposed order states that the order does not 
prohibit respondent from making representations for any drug that are 
permitted in labeling for that drug under any tentative or final 
standard promulgated by the Food and Drug Administration (``FDA''), or 
under any new drug application approved by the FDA.
    Part VI of the proposed order requires respondent to pay five 
hundred thousand dollars ($500,000) to the Commission. This payment 
shall be deposited in the United States Treasury as disgorgement.
    Parts VII, VIII, IX, and X of the proposed 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 XI 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. It is not intended to constitute an official 
interpretation of the proposed order or to modify its terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014-12734 Filed 6-2-14; 8:45 am]
BILLING CODE 6750-01-P