Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices 27297

revenue, acquiesced and stopped

accepting advertisements that included

prices for new equipment. Following

the merger of the Kentucky and Indiana

trade associations, Mid-America sought

and obtained Fastline’s reaffirmation of

the agreement not to publish prices for

new equipment in the Fastline Kentucky

Farm Edition.

These agreements have injured

consumers by: (1) reducing price

competition among farm equipment

dealers for new farm equipment; (2)

depriving consumers of truthful and

nondeceptive price information; and (3)

depriving consumers of the benefits of

competition.

The Proposed Consent Order

Fastline and Mid-America have

signed a consent agreement containing a

proposed order. Part II of the proposed

order would enjoin Mid-America from

impeding the advertising of prices or

other terms of sale for farm equipment

or parts. Additionally, Mid-America

would be enjoined from participating in

or assisting in any boycott regarding the

advertising or prices or other terms of

sale for farm equipment or parts.

Part III of the proposed order would

enjoin Fastline from agreeing to prohibit

or restrict the advertising or prices or

other terms of sale for farm equipment

or parts. Notwithstanding this

provision, however, the proposed order

would not prevent Fastline from

adopting and enforcing reasonable

guidelines with respect to

advertisements that Fastline reasonably

believes would be false or deceptive

within the meaning of Section 5 of the

Federal Trade Commission Act.

Part IV of the proposed order would

require Mid-America to amend its bylaws to incorporate by reference

Paragraph II of the order, and distribute

a copy of the amended by-laws to each

of its members. In addition, the

proposed order would require MidAmerica to distribute copies of the

proposed order and accompanying

complaint to: (a) Persons whose

activities are affected by the order; or

who have responsibilities with respect

to the subject matter of the order, and

(b) each of its members.

Part V of the proposed order would

require Fastline to distribute copies of

the order and accompanying complaint

to persons whose activities are affected

by the order, or who have

responsibilities with respect to the

subject matter of the order. In addition,

the proposed order would require

Fastline to publish annually for each of

the next five years in each edition of its

farm equipment buying guides a copy of

the NOTICE attached to the order.

Parts VI, VII, and VIII of the proposed

order impose certain reporting

requirements in order to assist the

Commission in monitoring compliance

with the order.

The proposed consent order would

terminate twenty (20) years after the

date it is issued.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98–13141 Filed 5–15–98; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 952–3235]

Western Direct Marketing Group, Inc.,

et al.; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: The consent agreement in this

matter settles alleged violation of federal

law prohibiting unfair or deceptive acts

or practices or unfair methods of

competition. The attached Analysis to

Aid Public Comment describes both

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 July 17, 1998.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

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

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Joel Winston, FTC/S–4002, Washington,

DC 20580. (202) 326–3153.

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 May 12, 1998), 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, 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 To

Aid Public Comment

The Federal Trade Commission has

accepted an agreement to a proposed

consent order from Western Direct

Marketing Group (‘‘WDMG’’) and

Western Intentional Media Corporation

(‘‘WIMC’’).

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 the comments received,

and will decide whether it should

withdrawn from the agreement or make

final the agreement’s proposed order.

This matter involves alleged

deceptive representations for

Cholestaway, a dietary supplement

marketed by Bodgana Corporation,

purported to lower serum cholesterol.

Advertisements for the product

included 30-minute television

infomercials.

WDMG is the successor corporation to

Television Marketing Group, the

advertising agency for the Cholestaway

television infomercials. MIMC is

WDMG’s corporate parent.

According to the FTC complaint,

through the infomercials, the

respondent made claims that

Cholestaway: significantly lowers serum

cholesterol levels; significantly lowers

serum cholesterol levels without

changes in diet; significantly lowers

serum cholesterol levels and causes

significantly weight loss even if users

eat foods high in fat, including fried

chicken and pizza; substantially reduces

or eliminates the body’s absorption of

dietary fat; lowers low density

lipoprotein cholesterol and improves

the high density lipoprotein cholesterol

to low density lipoprotein cholesterol

ratio; is effective in the treatment of

hardening of the arteries and heart

diseases; causes significant weight loss;

causes significant weight loss without

changes in diet; significantly reduces

blood triglyceride levels; significantly

reduces elevated blood pressure; and is

scientifically proven to lower serum

cholesterol levels and reduce elevated

blood pressure significantly; and that
27298 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices

testimonials from consumers appearing

in the advertisements for Cholestaway

reflect the typical or ordinary

experience of members of the public

who use the product. The complaint

alleges that the respondents did not

have a reasonable basis for any of these

representations at the time they were

made.

The consent order contains provisions

designed to prevent the respondents

from engaging in similar acts and

practices in the future.

Part I of the order prohibits the

respondents from making the

representations challenged in the

complaint, unless they possess and rely

upon competent and reliable scientific

evidence that substantiates the

representation.

Part II prohibits respondents from

making any representations about the

efficacy, performance, safety or benefits

of any food, dietary supplement of drug

unless they possess and rely upon

competent and reliable scientific

evidence that substantiates the

representation.

Part III prohibits the respondents from

mispresenting the existence, contents,

validity, results, conclusions or

interpretations of any test, study, or

research.

Part IV prohibits the respondents from

representing that the experience

represented by a user testimonial or

endorsement of the product is the

typical or ordinary experience of users

of the product unless the representation

is substantiated or they disclose what

the generally expected results would be

or that consumers should not be expect

the same results.

Part V allows the respondents to make

respondentations 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 VI allows the respondents 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.

Parts VII through X require the

respondents to keep copies of

advertisements making representations

covered by the order; to keep records

concerning those representations,

including materials that they relied

upon making the representations; to

provide copies of the order to certain of

the respondents’ personnel; to notify the

Commission of changes in corporate

structure; and to file complaint reports

with the Commission. Part XI provides

that the order will terminate after

twenty (20) years under certain

circumstances.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and its is not intended

to constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98–13142 Filed 5–15–98; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

Proposed Information Collection

Activity; Comment Request

Proposed Projects

Title: Financial Status Reporting Form

(SF–269) with Supplemental Form

(ADD–02) for Developmental

Disabilities Council Program.

OMB No.: 0980–0212.

Description: Developmental

Disabilities Council Program funds are

awarded contingent on fiscal

requirements in Part B of the

Developmental Disabilities Assistance

and Bill of Rights Act. The SF–269,

mandated in the revised OMB Circular

A–102, provides no breakouts necessary

for proper stewardship. The proposed

alternative would breakout the

necessary information, but would do so

in a consolidated manner that makes

reporting easier. It will allow proactive

compliance monitoring by the

Government to catch problems early.

Respondents: State, Local or Tribal

Government.

ANNUAL BURDEN ESTIMATES

Instrument Number of respondents

Number of respondents per

respondent

Average burden hours per

response

Total burden

hours

ADD–02 ............................................................................................................ 55 2 90 990

Estimated Total Annual Burden Hours: 990

In Compliance with the requirements

of Section 3506(c)(2)(A) of the

Paperwork Reduction Act of 1995, the

Administration for Children and

Families is soliciting public comment

on the specific aspects of the

information collection described above.

Copies of the proposed collection of

information can be obtained and

comments may be forwarded by writing

to the Administration for Children and

Families, Office of Information Services,

Division of Information Resource

Management Services, 370 L’Enfant

Promenade, S.W., Washington, D.C.

20447, Attn: ACF Reports Clearance

Officer. All requests should be

identified by the title of the information

collection.

The Department specifically requests

comments on: (a) Whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information; (c)

the quality, utility, and clarity of the

information to be collected; and (d)

ways to minimize the burden of the

collection of information on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

Consideration will be given to

comments and suggestions submitted

within 60 days of this publication.

Dated: May 13, 1998.

Bob Sargis,

Acting Reports Clearance Officer.

[FR Doc. 98–13111 Filed 5–15–98; 8:45 am]

BILLING CODE 4104–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

Proposed Information Collection

Activity; Comment Request

Proposed Projects

Title: Voluntary Surveys of Program

Partners to Implement Executive Order