Wacoal America, Inc.; Analysis To Aid Public Comment, 60167-60169 [2014-23681]
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
advertising any product, from
misrepresenting the existence, contents,
validity, results, conclusions, or
interpretations of any test, study, or
research, or misrepresenting that the
benefits of the product are scientifically
proven.
Part V of the proposed order provides
a safe harbor for representations that are
permitted in labeling for that drug under
any tentative or final standard
promulgated by the Food and Drug
Administration (‘‘FDA’’), any new drug
application approved by the FDA, or
FDA regulations pursuant to the
Nutrition Labeling and Education Act of
1990 or the FDA Modernization Act of
1997.
Part VII of the proposed order requires
respondent to pay two hundred thirty
thousand dollars ($230,000) to the
Commission to be used for equitable
relief, including restitution. The order
also requires respondent to administer
and bear the costs of the redress
program. To facilitate the payment of
redress, Part VI of the proposed order
requires respondent to provide to the
Commission a searchable electronic file
containing the name and contact
information of all consumers who
purchased the garments from
respondent from March 20, 2011,
through the date of entry of the order.
Part VIII of the proposed order is
triggered whenever the human clinical
testing requirement in either Part II or
Part III applies. Part VIII of the proposed
order requires the company to secure
and preserve all underlying or
supporting data and documents
generally accepted by experts in the
field as relevant to an assessment of the
test. There is an exception for a
‘‘Reliably Reported’’ test defined as a
test published in a peer-reviewed
journal that was not conducted,
controlled, or sponsored by any
proposed respondent or supplier. Also,
the published report must provide
sufficient information about the test for
experts in the relevant field to assess the
reliability of the results.
Part IX of the proposed order contains
recordkeeping requirements for
advertisements and substantiation
relevant to any representation covered
by the proposed order. Parts X, XI and
XII of the proposed order require
respondent 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 XIII provides that the
order will terminate after twenty (20)
years, with certain exceptions.
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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 complaint and proposed order or to
modify the proposed order’s terms in
any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014–23680 Filed 10–3–14; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 132 3095]
Wacoal America, Inc.; Analysis To Aid
Public Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices. 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.
SUMMARY:
Comments must be received on
or before October 29, 2014.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
wacoalamericaconsent online or on
paper, by following the instructions in
the Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘In the Matter of Wacoal
America, Inc.—Consent Agreement; File
No. 132 3095’’ on your comment. File
your comment online at https://
ftcpublic.commentworks.com/ftc/
wacoalamericaconsent 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:
David Newman, Western Region—San
Francisco, (415) 848–5123, 901 Market
Street, Suite 570, San Francisco, CA
94103.
DATES:
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60167
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 September 29, 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 October 29, 2014. Write ‘‘In the
Matter of Wacoal America, Inc.—
Consent Agreement; File No. 132 3095’’
on your comment. 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
SUPPLEMENTARY INFORMATION:
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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/
wacoalamericaconsent 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 ‘‘In the Matter of Wacoal America,
Inc.—Consent Agreement; File No. 132
3095’’ 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 October 29, 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 Wacoal
America, Inc. (‘‘respondent’’). The
proposed consent order has been placed
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).
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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 the advertising,
marketing, and sale by respondent of
iPants, women’s undergarments that are
infused with microencapsulated
caffeine and other ingredients.
Respondent has marketed the iPants
garments to consumers through thirdparty retailers and through its Web site.
According to the FTC complaint,
respondent claimed the iPants garments
would slim and reshape the body and
reduce cellulite.
Specifically, the FTC complaint
alleges that respondent represented that
wearing iPants garments eliminates or
substantially reduces cellulite; causes a
substantial reduction in the wearer’s
thigh measurements; and that iPants
garments contain caffeine that causes
the destruction of fat cells and results in
substantial slimming. The complaint
alleges that these claims are
unsubstantiated and thus violate the
FTC Act. The complaint also alleges that
respondent represented that scientific
tests prove that most iPant wearers
achieve a substantial reduction in thigh
measurement and that scientific tests
prove that wearing the iPants garments
for eight hours a day for 28 days will
substantially reduce a wearer’s thigh
measurement. The complaint alleges
that these claims are false and thus
violate the FTC Act.
The proposed consent order contains
provisions designed to prevent
respondent from engaging in similar
acts or practices in the future.
Specifically, Parts I–III address the
unsubstantiated claims alleged in the
complaint. Part I prohibits respondent
from claiming that any Covered
Product—i.e., a garment that contains
any drug or cosmetic—causes
substantial weight or fat loss or a
substantial reduction in unclad body
size. The Commission has publicly
advised that any claim that a product
worn on the body causes substantial
weight loss is always false.
Part II covers any representation,
other than representations covered
under Part I, that any Covered Product
or any drug or cosmetic causes weight
or fat loss or a reduction in unclad body
size. Part II prohibits respondent from
making such representations unless the
representation is non-misleading, and,
PO 00000
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at the time of making such
representation, respondent possesses
and relies upon competent and reliable
scientific evidence that substantiates
that the representation is true. For
purposes of Part II, the proposed order
defines ‘‘competent and reliable
scientific evidence’’ as at least two
randomized, double-blind, placebocontrolled human clinical studies that
are conducted by independent, qualified
researchers and that conform to
acceptable designs and protocols, 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 III of the proposed order
prohibits respondent from making any
representation, other than
representations covered under Parts I or
II, that use of a Covered Product or a
drug or cosmetic reduces or eliminates
cellulite, unless the representation is
non-misleading, and, at the time of
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 Part III, the
proposed order defines ‘‘competent and
reliable scientific evidence’’ as 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 claims that
scientific tests prove that wearing iPants
garments result in reduction of the
wearer’s thigh measurement. Part IV
prohibits respondent, when advertising
any product, from misrepresenting the
existence, contents, validity, results,
conclusions, or interpretations of any
test, study, or research, or
misrepresenting that the benefits of the
product are scientifically proven.
Part V of the proposed order provides
a safe harbor for representations that are
permitted in labeling for that drug under
any tentative or final standard
promulgated by the Food and Drug
Administration (‘‘FDA’’), any new drug
application approved by the FDA, or
FDA regulations pursuant to the
Nutrition Labeling and Education Act of
1990 or the FDA Modernization Act of
1997.
Part VII of the proposed order requires
respondent to pay one million three
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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices
hundred thousand dollars ($1,300,000)
to the Commission to be used for
equitable relief, including restitution,
and any attendant expenses for the
administration of such equitable relief.
To facilitate the payment of redress, Part
VI of the proposed order requires
Wacoal America to provide to the
Commission a searchable electronic file
containing the name and contact
information of all consumers who
purchased the iPants garments directly
from respondent from January 1, 2011,
through the date of entry of the order.
Part VIII of the proposed order requires
respondent to comply with the
provisions of Appendix A to the order,
which sets out the methods for notifying
consumers who may be entitled to file
a claim for consumer redress.
Part IX of the proposed order is
triggered whenever the human clinical
testing requirement in either Part II or
Part III applies. Part IX of the proposed
order requires the company to secure
and preserve all underlying or
supporting data and documents
generally accepted by experts in the
field as relevant to an assessment of the
test. There is an exception for a
‘‘Reliably Reported’’ test defined as a
test published in a peer-reviewed
journal that was not conducted,
controlled, or sponsored by any
proposed respondent or supplier. Also,
the published report must provide
sufficient information about the test for
experts in the relevant field to assess the
reliability of the results.
Part X of the proposed order contains
recordkeeping requirements for
advertisements and substantiation
relevant to any representation covered
by the proposed order. Parts XI, XII and
XIII of the proposed order require
respondent 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 XIV 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 complaint or and proposed order or
to modify the proposed order’s terms in
any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014–23681 Filed 10–3–14; 8:45 am]
BILLING CODE 6750–01–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Announcement of Availability of the
Report on Carcinogens, Thirteenth
Edition
National Toxicology Program
(NTP), National Institute of
Environmental Health Sciences
(NIEHS); National Institutes of Health
(NIH).
ACTION: Availability of the Report on
Carcinogens, Thirteenth Edition (13th
RoC).
AGENCY:
The Department of Health and
Human Services released the 13th RoC
to the public on October 2, 2014. The
report is available on the RoC Web site
at: https://ntp.niehs.nih.gov/go/roc13 or
electronically from the Office of the RoC
(see ADDRESSES below).
DATES: The 13th RoC is available to the
public on October 2, 2014.
ADDRESSES: Dr. Ruth Lunn, Director,
Office of the RoC, NTP, NIEHS, P.O. Box
12233, MD K2–14, Research Triangle
Park, NC 27709; telephone: (919) 316–
4637; FAX: (301) 480–2970;
lunn@niehs.nih.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Questions or comments concerning the
13th RoC should be directed to Dr. Ruth
Lunn (telephone: (919) 316–4637 or
lunn@niehs.nih.gov).
SUPPLEMENTARY INFORMATION:
Background Information on the RoC
The RoC is a congressionally
mandated document that identifies and
discusses agents, substances, mixtures,
or exposure circumstances (collectively
referred to as ‘‘substances’’) that may
pose a hazard to human health by virtue
of their carcinogenicity. Substances are
listed in the report as either known or
reasonably anticipated to be human
carcinogens. The listing of a substance
in the RoC indicates a potential hazard,
but does not establish the exposure
conditions that pose a cancer hazard to
individuals in their daily lives. For each
listed substance, the RoC provides
information from cancer studies that
support the listing as well as
information about potential sources of
exposure and current federal regulations
to limit exposures. Each edition of the
RoC is cumulative, that is, it lists newly
reviewed substances in addition to
substances listed in the previous
edition. Information about the RoC is
available on the RoC Web site (https://
ntp.niehs.nih.gov/go/roc13) or by
contacting Dr. Lunn (see ADDRESSES
above).
PO 00000
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60169
The NTP prepares the RoC on behalf
of the Secretary of Health and Human
Services. For the 13th RoC, the NTP
followed an established, multi-step
process with multiple opportunities for
public input, and used established
criteria to evaluate the scientific
evidence on each candidate substance
under review (https://ntp.niehs.nih.gov/
go/rocprocess).
New Listings to the 13th RoC
The 13th RoC contains 243 listings,
some of which consist of a class of
structurally related chemicals or agents.
There are three new listings and one
revised listing in this edition. The
revised listing is for ortho-toluidine,
which was previously listed as
reasonably anticipated to be a human
carcinogen and is now listed as known
to be a human carcinogen. The new
listings in the 13th RoC are three
substances—1-bromopropane, cumene,
and pentachlorophenol and by-products
of its synthesis—each listed as
reasonably anticipated to be a human
carcinogen.
Dated: September 26, 2014.
Linda S. Birnbaum,
Director, National Institute of Environmental
Health Sciences, and National Toxicology
Program.
[FR Doc. 2014–23748 Filed 10–3–14; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: Temporary Assistance for Needy
Families/National Directory of New
Hires Match Results Report
OMB No.: 0970–0311
Description: Section 453(j)(3) of the
Social Security Act (the Act) allows for
matching between the National
Directory of New Hires (maintained by
the Federal Office of Child Support
Enforcement (OCSE) and State TANF
Agencies for purposes of carrying out
responsibilities under programs funded
under part A of Title IV of the Act. To
assist OCSE and the Office of Family
Assistance (OFA) in measuring savings
to the TANF program attributable to the
use of NDNH data matches, the State
TANF Agencies have agreed to provide
OCSE with a written description of the
performance outputs and outcomes
attributable to the State TANF Agency’s
use of NDNH match results. This
information will help OCSE
E:\FR\FM\06OCN1.SGM
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Agencies
[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60167-60169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23681]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 132 3095]
Wacoal America, Inc.; Analysis 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 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 October 29, 2014.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/wacoalamericaconsent online or on paper,
by following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``In the Matter of
Wacoal America, Inc.--Consent Agreement; File No. 132 3095'' on your
comment. File your comment online at https://ftcpublic.commentworks.com/ftc/wacoalamericaconsent 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: David Newman, Western Region--San
Francisco, (415) 848-5123, 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 September 29, 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 October 29,
2014. Write ``In the Matter of Wacoal America, Inc.--Consent Agreement;
File No. 132 3095'' on your comment. 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
[[Page 60168]]
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/wacoalamericaconsent 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 ``In the Matter of Wacoal
America, Inc.--Consent Agreement; File No. 132 3095'' 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 October 29, 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 Wacoal America, 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 the advertising, marketing, and sale by
respondent of iPants, women's undergarments that are infused with
microencapsulated caffeine and other ingredients. Respondent has
marketed the iPants garments to consumers through third-party retailers
and through its Web site. According to the FTC complaint, respondent
claimed the iPants garments would slim and reshape the body and reduce
cellulite.
Specifically, the FTC complaint alleges that respondent represented
that wearing iPants garments eliminates or substantially reduces
cellulite; causes a substantial reduction in the wearer's thigh
measurements; and that iPants garments contain caffeine that causes the
destruction of fat cells and results in substantial slimming. The
complaint alleges that these claims are unsubstantiated and thus
violate the FTC Act. The complaint also alleges that respondent
represented that scientific tests prove that most iPant wearers achieve
a substantial reduction in thigh measurement and that scientific tests
prove that wearing the iPants garments for eight hours a day for 28
days will substantially reduce a wearer's thigh measurement. The
complaint alleges that these claims are false and thus violate the FTC
Act.
The proposed consent order contains provisions designed to prevent
respondent from engaging in similar acts or practices in the future.
Specifically, Parts I-III address the unsubstantiated claims alleged in
the complaint. Part I prohibits respondent from claiming that any
Covered Product--i.e., a garment that contains any drug or cosmetic--
causes substantial weight or fat loss or a substantial reduction in
unclad body size. The Commission has publicly advised that any claim
that a product worn on the body causes substantial weight loss is
always false.
Part II covers any representation, other than representations
covered under Part I, that any Covered Product or any drug or cosmetic
causes weight or fat loss or a reduction in unclad body size. Part II
prohibits respondent from making such representations unless the
representation is non-misleading, and, at the time of making such
representation, respondent possesses and relies upon competent and
reliable scientific evidence that substantiates that the representation
is true. For purposes of Part II, the proposed order defines
``competent and reliable scientific evidence'' as at least two
randomized, double-blind, placebo-controlled human clinical studies
that are conducted by independent, qualified researchers and that
conform to acceptable designs and protocols, 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 III of the proposed order prohibits respondent from making any
representation, other than representations covered under Parts I or II,
that use of a Covered Product or a drug or cosmetic reduces or
eliminates cellulite, unless the representation is non-misleading, and,
at the time of 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 Part III,
the proposed order defines ``competent and reliable scientific
evidence'' as 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 claims
that scientific tests prove that wearing iPants garments result in
reduction of the wearer's thigh measurement. Part IV prohibits
respondent, when advertising any product, from misrepresenting the
existence, contents, validity, results, conclusions, or interpretations
of any test, study, or research, or misrepresenting that the benefits
of the product are scientifically proven.
Part V of the proposed order provides a safe harbor for
representations that are permitted in labeling for that drug under any
tentative or final standard promulgated by the Food and Drug
Administration (``FDA''), any new drug application approved by the FDA,
or FDA regulations pursuant to the Nutrition Labeling and Education Act
of 1990 or the FDA Modernization Act of 1997.
Part VII of the proposed order requires respondent to pay one
million three
[[Page 60169]]
hundred thousand dollars ($1,300,000) to the Commission to be used for
equitable relief, including restitution, and any attendant expenses for
the administration of such equitable relief. To facilitate the payment
of redress, Part VI of the proposed order requires Wacoal America to
provide to the Commission a searchable electronic file containing the
name and contact information of all consumers who purchased the iPants
garments directly from respondent from January 1, 2011, through the
date of entry of the order. Part VIII of the proposed order requires
respondent to comply with the provisions of Appendix A to the order,
which sets out the methods for notifying consumers who may be entitled
to file a claim for consumer redress.
Part IX of the proposed order is triggered whenever the human
clinical testing requirement in either Part II or Part III applies.
Part IX of the proposed order requires the company to secure and
preserve all underlying or supporting data and documents generally
accepted by experts in the field as relevant to an assessment of the
test. There is an exception for a ``Reliably Reported'' test defined as
a test published in a peer-reviewed journal that was not conducted,
controlled, or sponsored by any proposed respondent or supplier. Also,
the published report must provide sufficient information about the test
for experts in the relevant field to assess the reliability of the
results.
Part X of the proposed order contains recordkeeping requirements
for advertisements and substantiation relevant to any representation
covered by the proposed order. Parts XI, XII and XIII of the proposed
order require respondent 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 XIV 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 complaint or and proposed order or to modify the
proposed order's terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014-23681 Filed 10-3-14; 8:45 am]
BILLING CODE 6750-01-P