52340 Federal Register / Vol. 62, No. 194 / Tuesday, October 7, 1997 / Notices

activities, pursuant to §§ 225.28(b)(3)

and (b)(1) of the Board’s Regulation Y.

Board of Governors of the Federal Reserve

System, October 2, 1997.

William W. Wiles,

Secretary of the Board.

[FR Doc. 97–26547 Filed 10–6–97; 8:45 am]

BILLING CODE 6210–01–F

FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

TIME AND DATE: 11:00 a.m., Tuesday,

October 14, 1997.

PLACE: Marriner S. Eccles Federal

Reserve Board Building, C Street

entrance between 20th and 21st Streets,

NW., Washington, DC 20551.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments,

promotions, assignments,

reassignments, and salary actions)

involving individual Federal Reserve

System employees.

2. Any items carried forward from a

previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION:

Mr. Joseph R. Coyne, Assistant to the

Board; (202) 452–3204. You may call

(202) 452–3207, beginning at

approximately 5 p.m. two business days

before this meeting, for a recorded

announcement of bank and bank

holding company applications

scheduled for the meeting.

Dated: October 3, 1997.

William W. Wiles,

Secretary of the Board.

[FR Doc. 97–26721 Filed 10–3–97; 3:49 pm]

BILLING CODE 6210–01–P

FEDERAL TRADE COMMISSION

[Docket No. 9261]

Weight Watchers International, 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

complaint issued earlier 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 December 8, 1997.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W.,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Richard Kelly, Federal Trade

Commission, H–200, 6th &

Pennsylvania Ave., NW, Washington,

DC 20580. (202) 326–3304. Ronald

Waldman, Federal Trade Commission,

New York Regional Office, 150 William

Street, Suite 1300, New York, NY 10038.

(212) 264–1207.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

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

46, and Section 3.25 of the

Commission’s Rules of Practice (16 CFR

3.25), 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 sixty (60)

days. The following Analysis to Aid

Public Comment describes the terms of

the consent agreement, and the

allegations in the accompanying

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the

Commission Actions section of the FTC

Home Page (for September 30, 1997), on

the World Wide Web, at ‘‘http://

www.ftc.gov/os/actions97.htm.’’ A

paper copy can be obtained from the

FTC Public Reference Room, Room H–

130, Sixth and Pennsylvania Avenue,

N.W., Washington, DC 20580, either in

person or by calling (202) 326–3627.

Public comment is invited. 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 an agreement, subject to final

approval, to a proposed consent order

from Weight Watchers International,

Inc. (hereinafter ‘‘Weight Watchers’’ or

‘‘respondent’’), marketers of the Weight

Watchers Weight Loss Program. The

Weight Watchers Weight Loss Program

is offered to the public nationwide

through company-owned and franchised

weight loss centers.

The proposed consent order has been

placed on the public record for sixty

(60) days for the reception of comments

by interested persons. Comments

received during this period will become

part of the public record. After sixty (60)

days, the Commission will again review

the agreement and any comments

received and will decide whether it

should withdraw from the agreement

and take other appropriate action or

make final the agreement’s proposed

order.

The Commission’s complaint alleged

that the respondent made numerous

unsubstantiated representations through

consumer testimonials and other

advertisements that:

(1) Its customers are typically

successful in reaching their weight loss

goals and maintaining their weight loss

under respondent’s diet program;

(2) Overweight or obese customers

typically are successful in reaching their

weight loss goals and maintaining their

weight loss either long-term or

permanently; and

(3) Its weight loss programs are

superior to other weight loss programs

in enabling participants to achieve and

maintain weight loss.

The complaint further charges that

Weight Watchers made false and

unsubstantiated claims that consumers

using its ‘‘Quick Success’’ program

would lose weight at a faster rate when

compared to its earlier programs.

The proposed consent order seeks to

address the alleged success

misrepresentations cited in the

accompanying complaint in several

ways. First, the proposed order, in Part

I.A., requires the company to possess a

reasonable basis consisting of competent

and reliable scientific evidence when

appropriate substantiating any claim

about the success of participants on any

diet program in achieving or

maintaining weight loss. To ensure

compliance, the proposed order further

specifies what this level of evidence

shall consist of when certain types of

success claims are made:

(1) In the case of claims that weight

loss is typical or representative of all

participants using the program or any

subset of those participants, that

evidence shall be based on a

representative sample of: (a) All

participants who have entered the

programs where the representation

relates to such persons; or (b) all

participants who have completed a

particular phase of the program or the

entire program, where the

representation only relates to such

persons.

(2) In the case of claims that any

weight loss is maintained long-term,

that evidence shall be based upon the

experience of participants who were

followed for a period of at least two

years after their completion of the

respondents’ program, including any
Federal Register / Vol. 62, No. 194 / Tuesday, October 7, 1997 / Notices 52341

periods of participation in respondent’s

maintenance program.

(3) In the case of claims that weight

loss is maintained permanently, that

evidence shall be based upon the

experience of participants who were

followed for a period of time after

completing the program that is either:

(a) Generally recognized by experts in

the field of treating obesity as being of

sufficient length to constitute a

reasonable basis for predicting that

weight loss will be permanent; or (b)

demonstrated by competent and reliable

survey evidence as being of sufficient

duration to permit such a prediction.

Second, Part I.B. of the proposed

order requires the respondent, when

making any claim that participants of

any diet program have successfully

maintained weight loss, to disclose the

fact that ‘‘For many dieters, weight loss

is temporary.’’ In addition, Part I.C.

requires respondent to disclose the

following information relating to that

claim:

(1) The average percentage of weight

loss maintained by those participants

(e.g., ‘‘60% of achieved weight loss was

maintained’’),

(2) The duration over which the

weight loss was maintained, measured

from the date that participants ended

the active weight loss phase of the

program, and the fact that all or a

portion of the time period covered

includes participation in respondent’s

maintenance program(s) that follows

active weight loss, if that is the case

(e.g., ‘‘Participants maintain an average

of 60% of weight loss 22 months after

active weight loss (includes 18 months

on a maintenance program)),’’ and

(3) The proportion of the total

participant population that those

participants represent, if the participant

population referred to is not

representative of the general participant

population for that program (e.g.,

‘‘Participants on maintenance—30% of

our clients—kept off an average of 66%

of the weight for one year (includes time

on maintenance program)).’’ (In lieu of

that factual disclosure, respondent may

state: ‘‘Weight Watchers makes no claim

that this result is representative of all

participants in the Weight Watchers

program).’’

However, if Weight Watchers makes a

representation about weight loss

maintenance that does not use a number

or percentage, or descriptive terms that

convey a quantitative measure such as

‘‘We have a successful weight

management program,’’ then in lieu of

the above disclosures it may make in

connection with such representation the

statement ‘‘Check at our centers for

details about our maintenance record’’

Weight Watchers would then be

required to make the required

maintenance information disclosures, in

a printed document that is distributed to

consumers at weight loss centers in

accordance with the procedures set

forth in Appendix A of the proposed

order. The proposed order specifies that

consumers must acknowledge receipt of

this document and that it must be

signed by the client and retained in the

customers record of service for three

years.

Third, Part I.D. of the proposed order

addresses advertisements containing an

endorsement or testimonial about

weight loss success or weight loss

maintenance when those claims are not

representative or ‘‘typical’’ of what

Weight Watchers participants generally

achieve. Part I.D. requires Weight

Watchers, when employing such

‘‘atypical’’ weight loss success or weight

loss maintenance testimonials, to

disclose either (1) what the generally

expected success would be for Weight

Watchers customers; or (2) the limited

applicability of the endorser’s

experience to what consumers may

generally expect to achieve.

Part I.D. of the proposed order

addresses advertisements containing an

endorsement or testimonial about

weight loss success or weight loss

maintenance when those claims are not

representative or ‘‘typical’’ of what

Weight Watchers participants generally

achieve. In accordance with the

principles set out in the Endorsement

Guides, Part I.D. would require Weight

Watchers, when employing such

‘‘atypical’’ weight loss success or weight

loss maintenance testimonials, to

disclose either (1) what the generally

expected success would be for Weight

Watchers customers (Part I.D.(1)); or (2)

the limited applicability of the

endorser’s experience to what

consumers may generally expected to

achieve (Part I.D.(2)). For weight loss

testimonials Part I.D. of the proposed

order permits Weight Watchers to

accurately make the ‘‘generally expected

success’’ disclosure in one of two ways.

First, the company may state, in the

relevant advertisement, ‘‘Weight loss

averages (number) lbs. over ll

weeks.’’ Alternatively, Part I.D. of the

proposed order permits Weight

Watchers to disclose in the relevant

advertisement ‘‘Average weight loss

(number) lbs. More details at centers.’’

Required disclosures that are made at

centers—which are described in

Appendix B of the proposed order—may

be made either in the introductory

brochure or in a separate document

entitled ‘‘Weight Loss Information.’’

The proposed order makes clear that

the alternative disclosures requirement

contained in Parts I.C. and D. do not

relieve Weight Watchers of the

obligation to substantiate any

maintenance success claim in

accordance with Part I.A. of the

proposed order.

Other Proposed Order Relief

Part I.E. of the proposed order

prohibits unsubstantiated comparative

efficacy claims. It would require Weight

Watchers not make comparisons

between the efficacy or success of one

or more of its weight loss programs and

the efficacy or success of any other

weight loss program(s) unless it

possesses and reliefs upon competent

and reliable evidence, which when

appropriate must be competent and

reliable scientific evidence, that

substantiates the representation.

Part I.F. of the proposed order covers

rate of weight loss claims. It requires

Weight Watchers to cease and desist

from making any representation,

directly or by implication, about the rate

or speed at which any participant in any

weight loss program has experienced or

will experience weight loss, unless true.

Part I.G. of the proposed order would

require Weight Watchers to cease and

desist from making any representation,

directly or by implication, about the

existence, contents, validity, results,

conclusions, or interpretations of any

test, study, or survey, unless true.

Part I.H. of the proposed order is

fencing-in relief which would require

Weight Watchers to cease and desist

from making any representation,

directly or by implication, about the

performance or efficacy of any weight

loss program, unless true.

Part II. of the proposed order would

require Weight Watchers to notify the

Commission of certain changes in the

corporate respondent.

Part III. of the proposed order would

require Weight Watchers, for a period of

three years after date of last

dissemination of any representation

covered by the order, to maintain and

make available to the FTC materials

relied upon in disseminating such

representation and any evidence that

contradicts or qualifies such

representation.

Part IV. of the proposed order covers

the distribution of the order to

designated current and future persons.

The order must be distributed to

regional managers and those having

point-of-sale responsibilities under the

order as well as key individuals

involved in the placement of

advertisements.
52342 Federal Register / Vol. 62, No. 194 / Tuesday, October 7, 1997 / Notices

Part V. of the proposed order covers

the efforts Weight Watchers shall use to

obtain its weight loss program

franchisees’ and licensees’

(‘‘franchisees’’) compliance with the

order.

Weight Watchers is required under

Part V., among other things, to:

(1) distribute a copy of this order to

each of its weight loss program

franchisees or licensees within forty-five

days after service of the order;

(2) review advertising and

promotional materials submitted to it

from its franchisees or licensees prior to

dissemination and publication to

determine compliance with the

requirements of the order;

(3) notify any franchisee or licensee in

writing if any advertising or

promotional material does not comply

with the requirements of the order and

that it should not be disseminated or

published;

(4) monitor franchisee and licensee

advertising and where it finds

advertising that has not been submitted

to it and which it believes is not in

compliance with the requirements of the

order, to notify such franchisee or

licensee in writing of its findings and

that such advertising should be

withdrawn;

(5) maintain separate files for each

franchisee or licensee containing copy

of the signed receipt and copies of any

correspondence relating to any

advertising and promotional materials

with respect to the issues raised by the

order for a period of three (3) years;

(6) make these files available to the

Commission staff for inspection and

copying; and

(7) where the order provides for the

distribution of documents containing

certain information to participants, to

include such information in ‘‘Program’’

materials which its franchisees or

licensees are required to supply to each

participant.

In addition, subparagraph B. of Part V.

requires Weight Watchers to include in

all future weight loss program

agreements with new franchisees or

licensees a requirement that the

franchisee or licensee operate its

business in full compliance with the

prohibitions and affirmative

requirements imposed on respondent

pursuant to Part I. of the Commission’s

order. This part of the order defines

‘‘new franchisees or licensees’’ to mean

those who are not franchised or licensed

to conduct any weight loss program, or

those who do not own or control such

franchisees or licensees, at the time the

order becomes final.

Part VI. of the proposed order would

require Weight Watchers to file a

compliance report with the Commission

within sixty days after the date of

service of this order.

Part VII. of the proposed order is a

sunset provision that indicates, in part,

that this order will terminate twenty

years from the date of its issuance.

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.

Donald S. Clark,

Secretary.

[FR Doc. 97–26525 Filed 10–6–97; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the Office of Research Integrity (ORI)

has made a final finding of scientific

misconduct in the following case:

Xiaomin Shang, Ph.D., University of

Texas Southwestern Medical Center:

Based upon a report from the University

of Texas Southwestern Medical Center,

information obtained by the Office of

Research Integrity (ORI) during its

oversight review, and Dr. Shang’s own

admission, ORI found that Dr. Shang, a

former postdoctoral fellow student in

the Department of Obstetrics and

Gynecology, University of Texas

Southwestern Medical Center, engaged

in scientific misconduct arising out of

certain biomedical research supported

by a training grant from the National

Institute of Child Health and Human

Development (NICHD), National

Institutes of Health (NIH).

Specifically, Dr. Shang fabricated a

chemiluminescent film of a Western

blot by using a physical mask to alter

the prior results showing lack of

antibody specificity to a human steroid

metabolizing isozyme, rather than

replicating an experiment as requested

by his mentor. The fabricated data were

not published.

Dr. Shang has accepted the ORI

finding and has entered into a Voluntary

Exclusion Agreement with ORI in which

he has voluntarily agreed, for the three

(3) year period beginning September 29,

1997:

(1) To exclude himself from serving in

any advisory capacity to the Public

Health Service (PHS), including but not

limited to service on any PHS advisory

committee, board, and/or peer review

committee, or as a consultant; and

(2) That any institution that submits

an application for PHS support for a

research project on which Dr. Shang’s

participation is proposed or which uses

him in any capacity on PHS supported

research or that submits a report of PHSfunded research in which he is involved

must concurrently submit a plan for

supervision of his duties to the funding

agency for approval. The supervisory

plan must be designed to ensure the

scientific integrity of Dr. Shang’s

research contribution. The institution

also must submit a copy of the

supervisory plan to ORI.

No scientific publications were

required to be corrected as part of this

Agreement.

FOR FURTHER INFORMATION CONTACT:

Acting Director, Division of Research

Investigations, Office of Research

Integrity, 5515 Security Lane, Suite 700,

Rockville, MD 20852, (301) 443–5330.

Chris B. Pascal,

Acting Director, Office of Research Integrity.

[FR Doc. 97–26499 Filed 10–6–97; 8:45 am]

BILLING CODE 4160–17–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Agency for Toxic Substances and

Disease Registry

Public Meeting of the Inter-tribal

Council on Hanford Health Projects

(ICHHP), in association with the

meeting of the Citizens Advisory

Committee on Public Health Service

(PHS) Activities and Research at

Department of Energy (DOE) Sites:

Hanford Health Effects Subcommittee

(HHES): Cancellation of meeting.

This notice announces the

cancellation of a previously announced

meeting.

Federal Notice Citation of Previous

Announcement: 62 FR 6973, February

14, 1997.

Previously Announced Time and

Date: 9 a.m.–5 p.m., December 10, 1997.

Change in the Meeting: This meeting

has been cancelled.

Contact Person for More Information:

James K. Carpenter, Executive Secretary,

Citizens Advisory Committee on PHS

Activities and Research at DOE Sites:

HHES, ATSDR, 1600 Clifton Road, NE,

M/S E–32, Atlanta, Georgia 30333,

telephone 404/639–6027.