Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 4575 

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). 

1. Ben J. Scott, Coleman, Texas, 

individually and as co-trustee of 

Coleman Bancshares, Inc., Employee 

Stock Ownership Plan, Coleman, Texas; 

Reave Jay Scott, Abilene, Texas; and 

David or Amy Scott, Georgetown, Texas, 

collectively a group acting in concert, to 

retain 10 percent or more of Coleman 

Bancshares, Inc., Coleman, Texas, and 

thereby indirectly control of Coleman 

County State Bank, Coleman, Texas. 

Board of Governors of the Federal Reserve 

System, January 22, 2015. 

Michael J. Lewandowski, 

Assistant Secretary of the Board. 

[FR Doc. 2015–01520 Filed 1–27–15; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

[File No. 122 3153] 

Focus Education, LLC; Analysis of 

Proposed Consent Order 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 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 February 20, 2015. 

ADDRESSES: Interested parties may file a 

comment at https://ftcpublic.comment

works.com/FTC/focuseduconsent/ 

online or on paper, by following the 

instructions in the Request for Comment 

part of the SUPPLEMENTARY INFORMATION

section below. Write ‘‘Focus Education, 

LLC—Consent Agreement; File No. 122 

3153’’ on your comment and file your 

comment online at https://ftcpublic.

commentworks.com/FTC/focus

educonsent/ by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘Focus Education, LLC— 

Consent Agreement; File No. 122 3153’’ 

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. 

FOR FURTHER INFORMATION CONTACT: 

Annette Soberats, Bureau of Consumer 

Protection, (202–326–2921), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

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 January 20, 2015), on 

the World Wide Web, at http://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 February 20, 2015. Write ‘‘Focus 

Education, LLC—Consent Agreement; 

File No. 122 3153’’ 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 

http://www.ftc.gov/os/public

comments.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 

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/

focuseduconsent/ by following the 

instructions on the web-based form. If 

this Notice appears at http://www.

regulations.gov/#!home, you also may 

file a comment through that Web site. 

If you file your comment on paper, 

write ‘‘Focus Education, LLC—Consent 

Agreement; File No. 122 3153’’ 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 

http://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 February 20, 2015. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

Analysis of Proposed Consent Order To 

Aid Public Comment 

The Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’) has accepted, 

mstockstill on DSK4VPTVN1PROD with NOTICES

4576 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 

subject to final approval, an agreement 

containing a consent order from Focus 

Education, LLC (‘‘Focus Education’’), 

Chief Executive Officer, Michael 

Apstein, and Chief Financial Officer, 

John Able (‘‘Respondents’’). 

The proposed consent order 

(‘‘proposed 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 Focus 

Education’s advertising for the ifocus 

System, which included the Jungle 

Rangers computer game and comic 

book, and information on children’s 

behavior, exercise, and diet. The 

Commission’s complaint alleges that the 

Respondents violated Sections 5(a) and 

12 of the Federal Trade Commission Act 

by making false or unsubstantiated 

representations that playing the ifocus 

System’s Jungle Rangers computer game 

improves children’s focus, memory, 

attention, behavior, and/or school 

performance, including in children with 

ADHD, and that these improvements 

were permanent. The complaint also 

alleges that Respondents violated 

Sections 5(a) and 12 by making false 

representations that scientific studies 

prove these claims. 

The proposed order includes 

injunctive relief that prohibits these 

alleged violations and fences in similar 

and related violations. For purposes of 

the order, ‘‘Covered Product’’ means any 

product, program, device, or service that 

purports to alter the brain’s structure or 

function, improve cognitive abilities, 

behavior, or academic performance, or 

treat or lessen the symptoms of 

cognitive abnormalities or disorders, 

including ADHD. 

Part I of the Order prohibits the 

Respondents from making any 

representation that the ifocus System or 

any substantially similar product 

improves children’s cognitive abilities, 

behavior, or academic performance, 

including in children with ADHD 

unless any such representation is nonmisleading and the Respondents possess 

and rely upon competent and reliable 

scientific evidence. For purposes of this 

Part, competent and reliable scientific 

evidence is defined as ‘‘human clinical 

testing of such product that is sufficient 

in quality and quantity, based on 

standards generally accepted by experts 

in the relevant field, when considered 

in light of the entire body of relevant 

and reliable scientific evidence, to 

substantiate that the representation is 

true. Such testing shall be (1) 

randomized, double-blind, and 

adequately controlled; and (2) 

conducted by researchers qualified by 

training and experience to conduct such 

testing.’’ In addition, competent and 

reliable scientific evidence is subject to 

the preservation requirements set forth 

in Part IV. 

Part II is a fencing-in provision. It 

prohibits the Respondents from making 

any claim about the benefits, 

performance, or efficacy of any Covered 

Product unless the claim is nonmisleading and the Respondents possess 

competent and reliable scientific 

evidence that is sufficient in quality and 

quantity, when considered in light of 

the entire body of relevant and reliable 

scientific evidence, to substantiate that 

the representation is true. For purposes 

of this Part, Covered Product is defined 

as any product, program, device, or 

service that purports to alter the brain’s 

structure or function, improve cognitive 

abilities, behavior, or academic 

performance, or treat or lessen the 

symptoms of cognitive abnormalities or 

disorders, including ADHD. Competent 

and reliable scientific evidence means 

‘‘tests, analyses, research, or studies (1) 

that have been conducted and evaluated 

in an objective manner by qualified 

persons; (2) that are generally accepted 

in the profession to yield accurate and 

reliable results; and (3) as to which, 

when they are human clinical tests or 

studies, all underlying or supporting 

data and documents generally accepted 

by experts in the field as relevant to an 

assessment of such testing as set forth 

Part IV are available for inspection and 

production to the Commission.’’ 

Part III prohibits the Respondents 

from misrepresenting, in relation to the 

advertising of any Covered Product, (1) 

the results of any test, study, or 

research; or (2) that the benefits of any 

such Covered Product are scientifically 

proven. 

Part IV requires the Respondents, for 

human clinical tests or studies, 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 

Respondents, affiliates, or others in the 

manufacturing and supply chain. 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 V contains recordkeeping 

requirements for advertisements and 

substantiation relevant to 

representations covered by Parts I 

through III of the order. 

Parts VI through IX of the proposed 

order require Respondents to: Deliver a 

copy of the order to principals, officers, 

directors, managers, employees, agents, 

and representatives having 

responsibilities with respect to the 

subject matter of the order; notify the 

Commission of changes in corporate 

structure, discontinuance of current 

business or employment, or affiliation 

with any new business or employment 

that might affect compliance obligations 

under the order; and file compliance 

reports with the Commission. 

Part X 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 proposed order, or to 

modify the proposed order’s terms in 

any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2015–01516 Filed 1–27–15; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Committee on Vital and Health 

Statistics: Meeting 

Pursuant to the Federal Advisory 

Committee Act, the Department of 

Health and Human Services (HHS) 

announces the following advisory 

committee meeting. 

Name: National Committee on Vital and 

Health Statistics (NCVHS), Full Committee 

Meeting. 

Time and Date: 

February 24, 2015 9:00 a.m.–5:30 p.m. EST 

February 25, 2015 8:30 a.m.–12:00 p.m. EST 

Place: U.S. Department of Health and 

Human Services, Centers for Disease Control 

and Prevention, National Center for Health 

Statistics, 3311 Toledo Road, Auditorium A 

and B, Hyattsville, Maryland 20782, (301) 

458–4524. 

Status: Open. 

Purpose: The purpose of this meeting is to 

review the status of current NCVHS activities 

and to strategically plan for 2015 NCVHS 

objectives and deliverables. The Committee 

will review its ongoing efforts in 

coordinating Subcommittee projects. 

Additional topics will include 

implementation plans for the ACA Review 

Committee process and reviewing the 

summary from the Roundtable on Supporting 

mstockstill on DSK4VPTVN1PROD with NOTICES