16582 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN 3–17–97 AND 3–28–97—Continued

Name of acquiring person, name of acquired person, name of acquired entity PMN No. Date terminated

Calpine Corporation, Enron Corporation, Enron/Dominion Cogen Corporation .............................................................. 97–1586 03/28/97

Cox Enterprises, Inc., El Dorado Communications, Inc., El Dorado Communications, Inc. ........................................... 97–1592 03/28/97

Deseret Management Corporation, Westinghouse Electric Corporation, Group W Broadcasting, Inc. .......................... 97–1594 03/28/97

Mr. Keith Rupert Murdoch, The News Corporation Limited, an Australian company, The News Corporation Limited,

an Australian company ................................................................................................................................................. 97–1595 03/28/97

Reliance Steel & Aluminum Co., Nashville Steel Corporation, AMI Metals, Inc. ............................................................ 97–1596 03/28/97

Frank M. Late, David E. Culiver, Firebird Investments, Inc.; Culiver Infiniti, Inc. ........................................................... 97–1597 03/28/97

Clear Channel Communications, Philip D. Marella, Pinnacle Broadcasting Company, Inc. ........................................... 97–1610 03/28/97

Granite Construction Incorporated, TIC Holdings, Inc., TIC Holdings, Inc. .................................................................... 97–1614 03/28/97

Just For Feet, Inc., Bruce E. and Emily A. Mommsen, Imperial Acquisition Corporation .............................................. 97–1615 03/28/97

United Auto Group, Inc., Gary W. Hanna, Gary Hanna Nissan, Inc. .............................................................................. 97–1618 03/28/97

FOR FURTHER INFORMATION CONTACT:

Sandra M. Peay or Parcellena P.

Fielding, Contact Representatives,

Federal Trade Commission, Premerger

Notification Office, Bureau of

Competition, Room 303, Washington,

DC 20580, (202) 326–3100.

By Direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 97–8796 Filed 4–4–97; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 962–3224]

2943174 Canada Inc., Also d/b/a United

Research Center, Inc.; Analysis To Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent agreement, accepted subject to

final Commission approval, would

prohibit, among other things, the

Quebec-based company and its

president from making health benefits,

performance, or efficacy claims

regarding the ‘‘Svelt-PATCH’’ or any

other drug or device unless, at the time

the representation is made, the

respondents possess and rely upon

competent and reliable scientific

evidence that substantiates the

representation, and from

misrepresenting the existence, contents,

validity, results, conclusions, or

interpretations of any test or study. In

addition, the proposed consent

agreement would require the

respondents to pay $375,000 in

consumer redress or disgorgement.

DATES: Comments must be received on

or before June 6, 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:

Michael Bloom or Ronald Waldman,

Federal Trade Commission, New York

Regional Office, 150 William St, 13th

Floor, New York, N.Y. 10038–2603,

(212) 264–1201 or 264–1242.

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

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

complaint. an electronic copy of the full

text of the consent agreement package

can be obtained from the FTC Home

page (for March 25, 1997), on the World

Wide Web, at ‘‘http://www.ftc.gov/os/

actions/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

The Federal Trade Commission has

accepted, subject to final approval, an

agreement to a proposed Consent Order

(‘‘proposed order’’) from 2943174

Canada Inc., also doing business as

United Research Center, Inc., and its

principal, Patrice Runner.

The proposed 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 the 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’ Svelt-PATCH, a purported

weight loss product The Commission’s

complaint alleges that proposed

respondents engaged in deceptive

advertising in violation of Sections 5

and 12 of the FTC Act by making

unsubstantiated claims that: (1) SveltPATCH controls appetite; (2) SveltPATCH significantly increases human

metabolism; (3) Svelt-PATCH

significantly reduces body fat; (4) SveltPATCH causes significant weight loss;

(5) Svelt-PATCH causes long-term or

permanent weight loss; and (6) SveltPATCH lowers serum cholesterol levels.

The complaint further alleges that

proposed respondents made a false

claim that clinical evidence proves that

Svelt-PATCH causes users to lose

weight.

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

claiming that Svelt-PATCH or any other

product or program: (1) controls

appetite; (2) increases human

metabolism; (3) reduces body fat; (4)

causes weight loss; (5) causes long-term

or permanent weight loss; and (6)

reduces cholesterol; (7) provides any

weight loss, fat loss, weight regulation,

weight control, or weight maintenance

benefit, unless, at the time the
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices 16583

representation is made, proposed

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 for SveltPATCH, or any other drug or device,

about the health benefits, performance,

or efficacy of such product 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

prohibits proposed respondents from

misrepresenting the existence, contents,

validity, results, conclusions, or

interpretations of any test, study, or

study.

Paragraphs IV of the proposed order

provides that nothing in this order shall

prohibit proposed respondents from

making any representation permitted by

the Food and Drug Administration.

Paragraph V of the proposed order

requires proposed respondents to pay

three hundred and seventy-five

thousand dollars ($375,000) in

consumer redress, or if consumer

redress is impracticable or unwarranted,

said money shall be payable to the

United States Treasury.

Paragraph VI of the proposed order

contains recordkeeping requirements for

materials that substantiate, qualify, or

contradict covered claims and requires

the proposed respondents to keep and

maintain all advertisements and

promotional materials containing any

representation covered by the proposed

order. In addition, paragraph VII

requires distribution of a copy of the

consent decree to current and future

officers and agents. Further, paragraph

VIII provides for Commission

notification upon a change in the

corporate respondent. Paragraph IX

requires proposed respondent Patrice

Runner to notify the respondents when

he discontinues his current business or

employment and of his affiliation with

certain new businesses or employment.

The proposed order also requires the

filing of a compliance report (Paragraph

X).

Finally, paragraph XI of the proposed

order provides for the termination of the

order after twenty years under certain

circumstances.

The purpose of this analysis is to

facilitate public comment on the

proposed order. 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. 97–8801 Filed 4–4–97; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 912–3220]

Dean Distributors, Inc., et al., d/b/a

Advanced Health Systems, Cambridge

Direct Sales, and Medibase; Analysis

To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent agreement, accepted subject to

final Commission approval, would

require, among other things, the

California-based companies, which

market low calorie and very low calorie

diet (VLCD) programs, to possess a

reasonable basis for any future claims

regarding weight loss or weight loss

maintenance, and to clearly and

prominently disclose in any

representation regarding the safety of

respondent’s VLCD diet programs that

physician monitoring is required to

minimize the potential for health risks,

namely development of gallbladder

disease.

DATES: Comments must be received on

or before June 6, 1997.

ADDRESSES: Comments should be

directed to: FTC/Office of Secretary,

Room 159, 6th St. and Pa. Ave., NW.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Walter Gross or J. Reilly Dolan, FTC/H–

200, Washington, DC 20580. (202) 326–

3319 or 326–3292.

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

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

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the FTC

Home page (for March 25, 1997), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/actions/htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H-130,

Sixth Street and Pennsylvania Avenue,

NW., 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

The Federal Trade Commission has

accepted an agreement to a proposed

consent order from Dean Distributors,

Inc., a corporation doing business as

advanced Health Care Systems,

Cambridge Direct Sales and Medibase.

Proposed respondent markets low

calorie and very low calorie diet

programs through a multi-level

distribution system and directly to

independent physicians.

The proposed consent order has been

placed on the public record for sixty

(60) days for 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 will decide whether it

should withdraw from the agreement or

make final the agreement’s proposed

order.

The Commission has alleged that

proposed respondent has made false

and unsubstantiated claims in its

advertising, promotional and sales

materials that are likely to mislead

consumers as to: (1) the likelihood of

success in achieving and maintaining

weight reduction; and (2) the health risk

associated with rapid weight loss.

Proposed respondent has represented,

through consumer endorsements, that

its diet programs produce successful

results. The consumers featured in these

testimonials purportedly achieved

remarkable success in reaching a

desired weight, and in changing their

appearance. Through these consumer

endorsements, proposed respondent has

represented that he success achieved by

such consumers in reaching their weight

loss goal reflects the typical or ordinary

experiences of participants of

respondent’s weight loss programs. The

Commission has alleged that proposed

respondent had failed to substantiate

the claim that the weight loss success

experienced by persons featured in

these testimonial advertisements is

representative of what consumers will

generally achieve with the products.