[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Notices]
[Pages 59871-59872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29279]


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FEDERAL TRADE COMMISSION

[File No. 962-3218]


Venegas Inc.; Angel Venegas; Analysis to Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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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 January 5, 1998.

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:

Michael J. Bloom, Federal Trade Commission, New York Regional Office, 
150 William Street, Suite 1300, New York, NY 10038. (212) 264-1207.
Donald. G. D'Amato, Federal Trade Commission, New York Regional Office, 
150 William Street, Suite 1300, New York, NY 10038. (212) 264-1207.
Denise Tighe, Federal Trade Commission, New York Regional

[[Page 59872]]

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 Sec. 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 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 October 29, 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 Street and Pennsylvania Avenue, N.W., Washington, D.C. 
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, subject to final 
approval, an agreement to a proposed consent order from Venegas Inc. 
(``Venegas'') and Angel Venegas.
    The proposed consent order has been placed on the public record for 
sixty (60) days for receipt 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 comments received and will decide whether it should withdraw from 
the agreement or make final the agreement's proposed order.
    This matter concerns print advertisements for proposed respondents' 
Alen, a powdered nutritional supplement that contains wheat germ, wheat 
bran, soybean extract, and seaweed extract. The Commission's complaint 
alleges that the proposed respondents made unsubstantiated 
representations that Alen: increases life expectancy; delays the aging 
process; eliminates anemia; increases the immune system's defenses; 
increases memory or scholastic performance; helps diabetics naturally 
produce insulin; reduces the pain of rheumatism or migraines; lowers 
blood pressure; helps heal ulcers; increases muscle bulk; controls 
addictions to excess fat and sweets; and protects against infections 
and increases and enhances the healing process.
    The proposed order contains provisions designed to remedy the 
violations charged and to prevent proposed respondents from engaging in 
similar acts in the future.
    Paragraph I of the proposed order prohibits proposed respondents 
from representing that Alen or any other product: Increases life 
expectancy; delays the aging process; eliminates anemia; increases the 
immune system's defenses; increases memory or scholastic performance; 
helps diabetics naturally produce insulin; reduces the pain of 
rheumatism or migraines; lowers blood pressure; helps heal ulcers, 
increases muscle bulk; controls addictions to excess fat and sweets; or 
protects against infections and increases and enhances the healing 
process, unless at the time the representation is made, respondents 
possess and rely upon competent and reliable scientific evidence that 
substantiates the representation.
    Paragraph II of the proposed order prohibits proposed respondents 
from making any representation about the benefits, performance, or 
efficacy of Alen, or any food, dietary supplement, or drug, unless, at 
the time the representation is made, proposed respondents possess and 
rely upon competent and reliable scientific evidence that substantiates 
the representation.
    Paragraph III of the proposed order provides that nothing in this 
order shall prohibit proposed respondents from making any 
representation for any product permitted by the Food and Drug 
Administration. Paragraph IV of the proposed order provides that 
nothing in this order shall prohibit proposed respondent from making 
any representation for any drug permitted by the Food and Drug 
Administration.
    Paragraph V of the proposed order requires the proposed respondents 
to keep and maintain all advertisements and promotional materials 
containing any representation, and all materials that were relied upon 
in disseminating the representations, covered by the proposed order. 
Additionally, Paragraph VI requires distribution of a copy of the 
consent order to current and future officers and agents. Further, 
Paragraph VII provides for Commission notification upon a change in the 
corporate respondent, and Paragraph VIII requires Commission 
notification when the individual respondent changes his present 
business or employment. Paragraph IX requires proposed respondents to 
file compliance reports with the Commission. Lastly, Paragraph X 
provides for the termination of the order 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.
Donald S. Clark,
Secretary.
[FR Doc. 97-29279 Filed 11-4-97; 8:45 am]
BILLING CODE 6750-01-M