31322 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Notices

FEDERAL TRADE COMMISSION

[File No. 992 3027]

Efamol Nutraceuticals, 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 or unfair

methods of competition. The attached

Analysis to Aid Public Comment

describes both the allegations in the

draft complaint that accompanies the

consent agreement 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 12, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Matthew Gold or Linda Badger, Federal

Trade Commission, Western Region, 901

Market St., Suite 570, San Francisco, CA

94103. (415) 356–5276 or 356–5275.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and § 2.34 of the Commission’s Rules

of Practice (16 CFR 2.34), notice is

hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, has been

placed on the public record for a period

of thirty (30) days. The following

Analysis to Aid Public Comment

describes the terms of the consent

agreement, and the allegations in the

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the FTC

Home Page (for May 11, 2000), on the

World Wide Web, at ‘‘http://

www.ftc.gov/ftc/formal.htm.’’ A paper

can be obtained from the FTC Public

Reference Room, Room H–130, 600

Pennsylvania Avenue, NW, Washington,

DC 20580, either in person or by calling

(202) 326–3627.

Public comment is invited. Comments

should be directed: FTC/Office of the

Secretary, Room 159, 600 Pennsylvania

Ave., NW, Washington, DC 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 inch diskette

containing an electronic copy of the

comment. Such comments or views will

be considered by the Commission and

will be available for inspection and

copying at its principal office in

accordance with Section 4.9(b)(6)(ii) of

the Commission’s Rules of Practice (16

CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To

Aid Public Comment

The Federal Trade Commission has

accepted, subject to final approval, an

agreement containing a consent order

from Efamol Nutraceuticals, Inc.,

(‘‘Efamol’’). Efamol is a marketer of

dietary supplement products, all of

which contain essential fatty acids.

The proposed consent order has been

placed on the public record for thirty

(30) days for receipt of comments by

interested persons. Comments received

during this period will become part of

the public record. After thirty (30) days,

the Commission will again review the

agreement and the comments received,

and will decide whether it should

withdraw from the agreement or make

final the agreement’s proposed order.

This matter involves alleged

misleading representations for Efalex

and Efalex Focus, two of Efamol’s

dietary supplement products. The

advertisements claimed that these

products can mitigate or cure the effects

of Attention Deficit Disorder or

Attention Deficit Hyperactivity disorder

(‘‘ADD/ADHD’’).

The proposed complaint alleges that

Efamol could not substantiate the

following claims: (1) The Efalex and

Efalex Focus can cure, prevent, treat or

mitigate ADD/ADHD or its symptoms;

and (2) that Efalex and Efalex Focus are

effective in reducing attention and

behavioral problems. Part I of the

proposed order would address these

misrepresentations by prohibiting

Efamol from making the claims in the

future unless it possesses and relies

upon competent and reliable scientific

evidence that substantiates the claim.

Part II of the proposed order requires

Efamol to possess competent and

reliable scientific evidence for any claim

about the health benefits, efficacy or

safety of any food, drug or dietary

supplement that contains essential fatty

acids. Because all of Efamol’s products

contain essential fatty acids, this

provision would apply to the company’s

entire current product line.

Part III of the proposed order contains

language permitting Efamol to make

drug claims that have been approved by

the FDA pursuant to either a new drug

application or a tentative final or final

standard. Part IV states that Efamol

would be permitted to make claims that

the FDA has approved pursuant to the

Nutrition Labeling and Education Act of

1990.

Parts V–VII of the proposed order

contain requirements that Efamol keep

copies of relevant advertisements and

materials substantiating claims made in

the advertisements; provide copies of

the order to certain of its current and

future personnel; and notify the

Commission of changes in the corporate

structure that might affect compliance

with the order. Part VIII requires Efamol

to file one or more reports detailing

compliance with the order. Part IX

provides that the order will terminate

after twenty (20) years under certain

circumstances.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and it is not intended

to constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–12381 Filed 5–16–00; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 972 3234]

J&R Research Corp., et al.; 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 or unfair

methods of competition. The attached

Analysis to Aid Public Comment

describes both the allegations in the

draft complaint that accomplishes the

consent agreement 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 July 12, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Matthew Gold or Linda Badger, Federal

Trade Commission, 901 Market St.,

Suite 570, San Francisco, CA. 94103.

(415) 356–5276 or 356–5275.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice