Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Notices 61337

FEDERAL TRADE COMMISSION.

[File No. 982 3035]

Weider Nutrition 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

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 November 6, 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:

Richard Cleland or Lemuel Dowdy,

FTC/S–4002, 600 Pennsylvania Ave.,

NW., Washington, DC 20580; (202) 326–

3088 or 326–2981.

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 Commisison’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 October 5, 2000), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/2000/09/index.htm.’’ A

paper copy 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 to: 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 an agreement to a proposed

consent order from Weider Nutrition

International, Inc. (hereinafter

‘‘Weider’’).

The proposed consent order has been

placed on the public record for thirty

(30) days for the reception 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 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.

This matter involves advertisements

for a dietary supplement called PhenCal

or PhenCal 106. Advertisements

claimed that PhenCal and PhenCal 106

have been proven to cause weight loss

and to prevent the regaining of lost

weight. These advertisements appeared

in major newspapers such as the New

York Times, the Washington Post, and

USA Today.

The proposed complaint alleges that

Weider could not substantiate claims

that PhenCal and PhenCal 106: (1)

Cause significant weight loss; (2)

significantly increase a person’s ability

to maintain a reduced caloric diet and

exercise program; (3) significantly

reduce food cravings and eating binges;

(4) prevent the regaining of lost weight;

(5) are as effective as the prescription

weight loss treatment commonly known

as ‘‘Phen-Fen’’; and (6) are safe when

used to promote or maintain weight

loss. The complaint also alleges that

Weider made false representations that

claims (1), (3), (4), (5), and (6) above,

had been scientifically proven.

The proposed consent order contains

provisions designed to prevent the

respondent from engaging in similar

acts and practices in the future.

Part I of the proposed order requires

respondent, when advertising any food,

drug, dietary supplement or program, to

possess competent and reliable

scientific evidence before making claims

(1) through (6) above.

Part II of the proposed order requires

respondent, when advertising any food,

drug, dietary supplement, or program, to

possess competent and reliable

scientific evidence before making claims

relating to—

A. The safety of such product or

program;

B. The effect of such product or

program on any disease; or

C. The comparative or superior health

benefit of such product or program with

respect to any other product or program.

Part III prohibits respondent from

misrepresenting the existence, contents,

validity, results, conclusions, or

interpretations of any test, study or

research in an advertisement for any

food, drug, dietary supplement or

program.

Part IV allows the respondent to make

representations for any drug that are

permitted in labeling for that drug under

any tentative final or final Food and

Drug Administration (‘‘FDA’’) standard

or under any new drug application

approved by the FDA.

Part V allows the respondent to make

representations for any product that are

specifically permitted in labeling for

that product by regulations issued by

the FDA under the Nutrition Labeling

and Education Act of 1990.

Part VI requires respondent to pay

$400,000 to the Commission. These

funds will be used for consumer redress

or, if that is impracticable, the funds

will be paid to the United States

Treasury.

Part VII requires respondent to retain,

and make available to the Commission,

upon request, all advertisements and

promotional materials containing any

representation covered by the order, as

well as any materials that it relied upon

in disseminating the representation and

any materials that contradict, qualify, or

call into question the representation.

The remainder of the proposed order

contains standard requirements that the

respondent distribute the order to

relevant personnel, that respondent

notify the Commission of any changes

in corporate structure that might affect

compliance with the order and that the

respondent file one or more reports

detailing its compliance with the order.

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 its terms.

By direction of the Commission.

C. Landis Plummer,

Acting Secretary.

[FR Doc. 00–26648 Filed 10–16–00; 8:45 am]

BILLING CODE 6750–01–M