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