27294 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices

TRANSACTION GRANTED EARLY TERMINATION—Continued

ET date Transaction

No.

ET requisition status Party name

G ADE Corporation.

G ADE Corporation.

19982416 G Grupo Industrial Bimbo, S.A., de C.V.

G Mrs. Baird’s Bakeries, Inc.

G Mrs. Baird’s Bakeries, Inc.

19982422 G Veeco Instruments Inc.

G Virgil Elings.

G Digital Instruments, Inc.

19982423 G Virgil Elings.

19982423 G Veeco Instruments Inc.

G Veeco Instruments Inc.

19982439 G Tyssen-Bornemisza Continuity Trust.

G COMSAT Corporation.

G COMSAT RSI, Inc.

19982446 G AirTouch Communications, Inc.

G Mario J. Gabelli.

G Rivgam Communications, L.L.C.

19982448 G Glen Raven Mills, Inc.

G A. Dewarvin Fils & Cie S.A.

G Dickson S.A.

19982513 G France Telecom.

G Robert Behar.

G Hero Productions, Inc., Hero Satellite Services, Inc.

19982514 G France Telecom.

G Alejandro Sawicki.

G Hero Productions, Inc., Hero Satellite Services, Inc.

19982515 G Canadian Fracmaster Ltd.

G John R. Stanley.

G TransTexas Gas Corporation.

19982533 G Aspect Telecommunications Corporation.

G EG&G Venture Partners.

G Voicetek Corporation.

19982534 G Illinova Generating Company.

G Northeast Utilities.

G COE Tejona Corporation.

19982544 G Leandro P. Rizzuto.

G CTS Corporation.

G Dynamics Corporation of America.

G Waring Products Division.

19982548 G Code Hennessy & Simmons III L.P.

G AmeriTruck Distribution Corp.

G Thompson Bros., Inc.

19982549 G Stratos Global Corporation.

G ICG Communications, Inc.

G Maritime Telecommunications Network, Inc./Maritime Cellular.

19982552 G Vestar Capital Partners III. L.P.

G Maurice Bidermann.

G Bidermann Industries, U.S.A., Inc.

19982554 G MidAmerican Energy Holdings Company.

G American Mutual Holding Company.

G AmerUS Home Services, Inc.

19982556 G U.S. Liquids Inc.

G USA Waste Services, Inc.

G City Environmental, Inc.

G Northern A–1 Environmental.

G City Environmental Services of Florida, Inc.

19982603 G Helix Technology Corporation.

G Granville-Phillips Company.

G Granville-Phillips Company.

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,

D.C. 20580 (202) 326–3100.

By Direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98–13086 Filed 5–15–98; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 952–3235]

Bogdana Corporation, et al.; Analysis

To Aid Public Comment

AGENCY: Federal Trade Commission.
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices 27295

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 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,

D.C. 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 Bogdana

Corporation; and Joseph L. Gruber and

Bogda Gruber, Individually and as

officers of Bogdana Corporation.

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

withdraw from the agreement or make

final the agreement’s proposed order.

This matter involves alleged

deceptive representations for two

dietary supplements: Cholestaway,

capsules or wafers purported to lower

serum cholesterol; and Flora Source, a

powdered supplement purported to

replace natural intestinal flora, thereby

boosting the immune system and

providing other health benefits.

Advertisements for the products

included 30-minute television

infomercials, 30-minute radio

infomercials, 60-second television

commercials, and catalogs.

According to the FTC complaint, by

using the trade name ‘‘Cholestaway,’’

and through the advertisements, the

respondents 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

significant 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

disease; 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

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 complaint also alleges that the

respondents misrepresented radio

infomercials for Cholestaway to be

independent radio programs rather than

commercial messages.

The complaint further alleges that the

respondents made claims, without a

reasonable basis, that Flora Source:

replaces the natural intestinal flora that

are lost due to illness, prescription

drugs or antibiotics, thereby reducing

the risk of developing illnesses such as

chronic fatigue syndrome (Epstein-Barr

syndrome) and other

immunosuppression diseases, including

AIDS: improves the body’s absorption of

nutrients, including B vitamins;

enhances the body’s immune response

and is effective in the treatment of

immunosuppression diseases, including

AIDS; prevents weight gain; and is

effective in the prevention or treatment

of anorexia and gastrointestinal

disorders and symptoms, including food

sensitivities, constipation, diarrhea,

dyspepsia, abdominal pain, bloating and

gas.

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 about Cholestaway

challenged in the complaint, unless they

possess and rely upon competent and

reliable scientific evidence that

substantiates the representation. Part II

of the order contains similar provisions

with regard to the challenged

representations about Flora Source.

Part III prohibits respondents from

making any representation about the

efficacy, performance, safety or benefits

of any food, dietary supplement or drug

unless they possess and rely upon

competent and reliable scientific

evidence that substantiates the

representation.

Part IV prohibits the respondents from

using the name ‘‘Cholestaway’’ or any

other name that represents that the

product will lower serum cholesterol

levels unless they have substantiation.

Part V prohibits the respondents from

misrepresenting the existence, contents,

validity, results, conclusions or

interpretations of any test, study, or

research.

Part VI 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 expect the

same results.

Part VII prohibits the respondents

from disseminating any advertisement

that misrepresents that it is not a paid

advertisement, and requires disclosures,

during television ads fifteen minutes in

length or longer and radio ads five

minutes or longer, that the program is a

paid advertisement.

Part VIII allows the respondents to

make representations for any drug that

are permitted in labeling for that drug
27296 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices

under any tentative final or final Food

and Drug Administration (‘‘FDA’’)

standard or under any new drug

application approved by the FDA.

Part IX 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 X through XII and XIV 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 when making the representations;

to provide copies of the order to certain

of the corporate respondents’ personnel;

to notify the Commission of changes in

corporate structure; and to file

compliance reports with the

Commission. Part XV provides that the

order will terminate after twenty (20)

years under certain circumstances.

Part XIII requires that the Grubers

notify the Commission of any change in

their business or employment.

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.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98–13140 Filed 5–15–98; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 971–0039]

Fastline Publication, 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 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 July 17, 1998.

ADDRESSES: Comments should be

directed to: FTC/Office or the Secretary,

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

Washington DC 20580.

FOR FURTHER INFORMATION CONTACT:

Willian Baer or Willard Tom, FTC/H–

375, Washington, D.C. 20580. (202) 326–

2932 or 326–2786.

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 11, 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, subject to final approval, an

agreement to a proposed consent order

from Fastline Publications, Inc.

(‘‘Fastline’’) and Mid-America

Equipment Retailers Association (‘‘MidAmerica’’). The agreement would settle

allegations that Fastline and MidAmerica violated Section 5 of the

Federal Trade Commission Act by

agreeing not to advertise or publish

prices for new farm equipment in the

Fastline Kentucky Farm Edition.

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 review the

agreement and the 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.

The purpose of this analysis is to

facilitate public comment on the

proposed consent order. The analysis is

not intended to constitute an official

interpretation of the agreement and

proposed order, or to modify in any way

their terms. Further, the proposed

consent order has been entered into for

settlement purposes only, and does not

constitute an admission by Fastline or

Mid-America that the law has been

violated as alleged in the complaint.

The Complaint

Fastline publishes, among other

things, picture buying guides for new

and used farm equipment, which are

mailed free to farmers and ranchers in

over 40 states. Farm equipment

advertised in Fastline’s buying guides

ranges from relatively inexpensive lawn

mowers to heavy duty farm equipment

such as tractors, plows, planters, cotton

pickers, and combines costing tens of

thousands of dollars. Fastline’s

principal source of revenue is the farm

equipment dealers who advertise in its

buying guides. Fastline currently

publishes 20 monthly editions of its

farm equipment buying guides, serving

41 states. Farm equipment dealers view

the Fastline Kentucky Farm Edition as a

key vehicle for advertising to farmers

located in Kentucky.

Mid-America is a trade association for

farm equipment dealers. It was formed

in 1992 through the merger of the

Indiana Implement Dealers Association,

Inc., and the Kentucky Farm and Power

Equipment Retailers Association (the

‘‘Kentucky Retailers Association’’).

About 90 percent of the farm equipment

dealers in Kentucky and Indiana are

members of Mid-America.

In early 1991, several Kentucky farm

equipment dealers complained to

Fastline about dealers advertising

prices, including discount prices, for

new farm equipment in the Fastline

Kentucky Farm Edition. The price

advertisements were, among other

things, facilitating downward pressure

on prices for new farm equipment. In

protest, several dealers withheld their

advertising from the Fastline Kentucky

Farm Edition until Fastline agreed not

to publish advertisements that included

prices for new farm equipment.

Price advertisements for new farm

equipment began to reappear in the

Fastline Kentucky Farm Edition by the

end of 1991. In early 1992, Fastline was

invited to the annual meeting of the

Kentucky Retailers Association, during

which several of its members expressed

their dislike for price advertising and

threatened to withdraw or otherwise

cancel their advertisements in the

Fastline Kentucky Farm Edition if

Fastline continued to publish

advertisements that included prices for

new equipment. Fastline, threatened

with the loss of substantial advertising