16212 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices 

reasonable basis for these claims. The 

complaint also alleges that respondents 

falsely claimed that scientific research 

proves that Native Essense Plus 

prevents breast cancer, and that 

scientific studies prove that Native 

Essense with Cat’s Claw is effective in 

the treatment of cancer. 

Regarding chaparral herb, the 

Commission’s complaint alleges that 

respondents claimed that chaparral herb 

is effective in treating and curing 

cancer, is effective in causing people 

with cancer to go into complete 

remission without the need for any 

other form of treatment, and is effective 

in shrinking or eliminating cancerous 

tumors. The complaint alleges that 

respondents lacked a reasonable basis 

for these claims. 

The complaint also alleges that 

respondents lacked a reasonable basis 

for the claims that Mai-T Mushroom 

Plus is effective in preventing, treating 

and curing cancer, including but not 

limited to lung cancer, stomach cancer, 

hepatocellular cancer, leukemia, and 

Kaposi’s sarcoma; and that Mai-T 

Mushroom Plus is effective in inhibiting 

the growth of cancerous tumors. Finally, 

the complaint alleges that respondents 

falsely claimed that clinical studies 

prove that Maitake mushrooms and MaiT Mushroom Plus prevent and treat lung 

cancer, stomach cancer, hepatocellular 

cancer, leukemia, and Karposi’s 

sarcoma, and inhibit tumor growth. 

The proposed consent order contains 

provisions designed to prevent 

respondents from engaging in similar 

acts and practices in the future. Part I 

requires respondents to have competent 

and reliable scientific evidence 

substantiating any claim that Native 

Essense (Rene Caisse) Formula tea or 

extract, Native Essense Plus tea or 

extract, Native Essense with Cat’s Claw 

tea or extract, chaparral herb (or any 

product containing chaparral herb), 

Maitake mushroom extract, or Mai-T 

Mushroom Plus Formula extract, or any 

other covered product or service, is 

effective in the treatment or cure of 

cancer; prevents or lowers the risk of 

cancer; is effective in reducing the size 

of, or eliminating, cancerous tumors; or 

is safe or non-toxic or has no side 

effects. A ‘‘covered product or service’’ 

is defined as any food, dietary 

supplement, or drug, including, but not 

limited to any of the above products, or 

any other health-related product, 

service, or program. 

Part II requires that any future claim 

about the efficacy, performance, or 

health-related benefits of any covered 

product or service be truthful and 

supported by competent and reliable 

scientific evidence. Part III requires that 

respondents, in connection with the 

advertising of any product, shall not 

misrepresent, in any manner, expressly 

or by implication, the existence, 

contents, validity, results, conclusions, 

or interpretations of any test, study, or 

research. 

Part IV of the proposed order provides 

that the order does not prohibit 

respondents from making 

representations for any drug that are 

permitted in labeling for the drug under 

any tentative or final Food and Drug 

Administration (‘‘FDA’’) standard or 

under any new drug application 

approved by the FDA, and 

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 V of the proposed order requires 

respondents to compile a list of all 

consumers who purchased Native 

Essense (Rene Caisse) Formula tea or 

extract, Native Essense Plus tea or 

extract, Native Essense with Cat’s Claw 

tea or extract, chaparral herb (or any 

product containing chaparral herb), 

Maitake mushroom extract, or Mai-T 

Mushroom Plus Formula extract from 

respondents since July 1, 2005, and to 

mail a letter (attached to the proposed 

order as Attachment A) to each such 

purchaser describing the scientific 

evidence related to these products. Part 

V also prohibits respondents from 

providing any identifying information 

about these purchasers to anyone other 

than the Commission, another law 

enforcement agency, or as required by 

law. 

Part VI of the proposed order requires 

respondents to keep copies of relevant 

advertisements and materials that 

substantiate claims made in the 

advertisements. Part VII requires 

respondents to provide copies of the 

order to certain of their employees. Part 

VIII requires the corporate respondent to 

notify the Commission at least thirty 

days prior to any change in the 

corporation that may affect compliance 

obligations arising under this order. Part 

IX requires the individual respondents 

to notify the Commission of their 

affiliation with any new business or 

employment. Part X requires 

respondents to file compliance reports 

with the Commission. Part XI of the 

proposed order is a ‘‘sunset’’ provision, 

dictating that the order will terminate 

twenty years from the date it is issued 

or twenty years after a complaint is filed 

in federal court, by either the United 

States or the FTC, alleging any violation 

of the order. 

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. 

By direction of the Commission. 

Richard C. Donohue, 

Acting Secretary. 

[FR Doc. E9–8140 Filed 4–8–09: 8:45 am] 

BILLING CODE: 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Advisory Council for the Elimination of 

Tuberculosis: Notice of Charter 

Renewal 

This gives notice under the Federal 

Advisory Committee Act (Pub. L. 92– 

463) of October 6, 1972, that the 

Advisory Council for the Elimination of 

Tuberculosis, Department of Health and 

Human Services, has been renewed for 

a 2-year period through March 15, 2011. 

For information, contact Hazel Dean, 

Sc.D., M.P.H., Executive Secretary, 

Advisory Council for the Elimination of 

Tuberculosis, Department of Health and 

Human Services, 1600 Clifton Road, 

NE., Mailstop E–10, Atlanta, Georgia 

30333, telephone 404/639–8000 or fax 

404/639–8600. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both the 

Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Dated: March 31, 2009. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. E9–8072 Filed 4–8–09; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

CDC/Health Resources and Services 

Administration (HRSA) Advisory 

Committee on HIV and STD Prevention 

and Treatment 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the CDC announces 


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