Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Notices 25235

representations challenged as false in

the proposed complaint for Jogging in a

Jug or any substantially similar product.

Part II of the proposed order prohibits

the respondents from making any

representation about the performance,

safety, benefits, or efficacy of any food,

food or dietary supplement, or drug,

unless the representation is true and

respondents possess competent and

reliable scientific evidence that

substantiates it.

Part III of the proposed order

prohibits the respondents from

misrepresenting that any product has

been tested, approved, or endorsed by

any person, firm, organization, or

government agency.

Part IV of the proposed order

prohibits the respondents from

misrepresenting that any endorsement

for any product reflects the typical or

ordinary experience of members of the

public who use the product.

Parts V and VI of the order are safe

harbor provisions. Part V allows

representations for any drug that is

permitted in the labeling for that drug

under any tentative final or final

standard promulgated by the Food and

Drug Administration (‘‘FDA’’), or under

any new drug application approved by

the FDA. Part VI allows representations

permitted in labeling for any product by

regulations promulgated by FDA

pursuant to the Nutrition Labeling and

Education Act of 1990.

Part VII of the order requires that the

respondents cease using the name

‘‘Jogging in a Jug’’ or any name that

communicates the same or similar

meaning unless the material containing

such name clearly and prominently

contains the disclosure ‘‘THERE IS NO

SCIENTIFIC EVIDENCE THAT

JOGGING IN A JUG [OR OTHER NAME]

PROVIDES ANY HEALTH BENEFITS.’’

The terms of Part VII do not apply to:

(1) The use of such name on items that

are sold or given or caused to be sold

or given to consumers for their personal

use; or (2) the use of such name in a

nonpromotional manner and solely for

purposes of identification of the

respondent corporation, including the

use of such name as part of corporate

letterhead, on shipping labels, or on

crates provided only to purchasers for

resale.

Part VIII of the order requires

respondents to pay to the Commission

the sum of four hundred and eighty

thousand dollars ($480,000). The

Commission will then determine, in its

sole discretion, whether to use the

payment to provide direct redress to

consumers or to pay the funds to the

United States Treasury if redress is not

practicable.

Part IX of the order requires the

respondents to send a letter describing

this settlement to identifiable past

purchasers of Jogging in a Jug. Part X of

the order requires the respondents to

send a similar letter to their purchasers

for resale. Part X further requires the

respondents to notify their purchasers

for resale that if the purchasers for

resale do not stop using promotional

materials containing claims covered by

the order, the respondents are required

to stop doing business with them. Part

XI of the order requires that the

respondents maintain for five years

copies of all communications with

consumers and purchasers for resale

pursuant to the terms of Parts IX and X.

Parts XII, XIII, XIV, XV, and XVI

relate to the respondents’ obligation to

maintain records, distribute the order to

current and future officers and

employees, notify the Commission of

changes in employment or corporate

structure, and file compliance reports

with the Commission.

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.

Donald S. Clark,

Secretary.

Statement of Commissioner Mary L.

Azcuenaga, Concurring in Part and

Dissenting in Part, Third Option

Laboratories, Inc., File No. 942 3027

Today, the Commission accepts for

public comment a consent agreement to

remedy various misrepresentations

concerning the purported health

benefits of a drink called ‘‘Jogging in a

Jug.’’ The record shows that the claims

are far removed from reality, and there

is ample reason to believe they violated

section 5 of the FTC Act. I concur in the

complaint on which the order is based

except to the extent that it alleges as a

violation the content of newspaper

articles that are reproduced in the

respondents’ promotional materials and

those materials accurately identify and

reproduce such articles in their original

format without modification. Complaint

¶ 7 and Exhibit F.

Second, I dissent from Part VII of the

order. Although the complaint does not

challenge as materially misleading the

unadorned use of the product’s name,

Jogging in a Jug (nor would I, given the

absence of evidence), Part VII of the

order prohibits, in connection with the

advertising and sale of Jogging in a Jug

(or any similar product), use of the

name Jogging in a Jug, or any other

name communicating a similar

meaning, unless the name is

accompanied clearly and prominently

by a disclosure stating: ‘‘THERE IS NO

SCIENTIFIC EVICENCE THAT

JOGGING IN A JUG [or other name]

PROVIDES ANY HEALTH BENEFITS,’’

and which includes six extensive

paragraphs minutely detailing what will

constitute ‘‘clearly and prominently’’ for

purposes of compliance with this

requirement.

The Commission in the past has used

this form of relief, which can

substantially limit potentially lawful

conduct, to remedy health claims that

seem more credible than those likely to

be taken by reasonable consumers here.

For example, the Commission imposed

a similar requirement to remedy the

pain relief claim it found to have been

conveyed by the name ‘‘Aspercreme’’ in

Thompson Medical Co., 104 F.T.C. 648

(1984). The likelihood that a consumer

would except that a product named

Aspercreme would contain aspirin and

would rely on that claim to his or her

detriment seems to me far greater than

the likelihood that a consumer would

rely to his or her detriment on an

implied message that a product called

Jogging in a Jug would provide the

health benefits of jogging.

[FR Doc. 95–11556 Filed 5–10–95; 8:45 am]

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GOVERNMENT PRINTING OFFICE

The Federal Register Online Via GPO

Access; Public Meeting for Federal,

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and any others interested in an

overview and demonstration of the

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the Government Printing Office

Electronic Information Access

Enhancement Act of 1993 (Public Law

103–40).

Sessions will be held at the U.S.

Government Printing Office, 732 North

Capitol Street, Carl Hayden Room—8th

Floor, Washington, DC 20401, on

Wednesday, May 24, from 9 a.m. to

10:30 a.m. and 11 a.m. to 12:30 p.m.

There is no charge to attend.

The online, Federal Register Service

offers access to the daily issues of the

Federal Register by 6 a.m. on the day

of publication. All notices, rules and

proposed rules, Presidential documents,

executive orders, separate parts, and
25236 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Notices

reader aids are included in the database

as ASCII text files, with graphics

provided in TIFF format. The online

Federal Register is available via the

Internet or as a dial-in service.

Historical data is available from January

1994 forward.

Other databases currently available

online through GPO Access include the

Congressional Record; Congressional

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Individuals interested in attending

may reserve a space by contacting John

Berger, Product Manager at the GPO’s

Office of Electronic Information

Dissemination Services, by telephone:

202–512–1525; by fax: 202–512–1262;

or by Internet e-mail at

john@eids05.eids.gpo.gov. Seating

reservations will be accepted through

Monday, May 22, 1995.

Michael F. DiMario,

Public Printer.

[FR Doc. 95–11612 Filed 5–10–95; 8:45 am]

BILLING CODE 1505–02–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Agency for Toxic Substances and

Disease Registry

[ATSDR–94]

Notice of Availability of Administrative

Reports of Health Effects Studies

AGENCY: Agency for Toxic Substances

and Disease Registry (ATSDR), Public

Health Service (PHS), Department of

Health and Human Services (HHS).

ACTION: Notice.

SUMMARY: This notice announces the

availability of Administrative Reports of

nine ATSDR health effects studies.

FOR FURTHER INFORMATION CONTACT:

Jeffrey A. Lybarger, M.D., M.S., Director,

Division of Health Studies, Agency for

Toxic Substances and Disease Registry,

1600 Clifton Road, NE., Mailstop E–31,

Atlanta, Georgia 30333, telephone (404)

639–6200.

SUPPLEMENTARY INFORMATION: Sections

104(i)(1), (7), (8), and (9) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA), as amended [42 U.S.C.

9604(i)(1), (7), (8), and (9)], provide the

Administrator of ATSDR with the

authority to conduct pilot studies,

epidemiologic and other health studies,

and to initiate health surveillance

programs to determine the relationship

between human exposure to hazardous

substances in the environment and

adverse health outcomes.

On February 13, 1990, ATSDR

published in the Federal Register [55

FR 5136] a final rule entitled, ‘‘Health

Assessments and Health Effects Studies

of Hazardous Substances Releases and

Facilities.’’ The primary purpose of that

rule, which created a new regulation at

42 CFR Part 90, was to set forth general

procedures that ATSDR will follow

relating to certain agency activities,

including the conduct of health effects

studies. Section 90.11 of the regulation,

which concerns the reporting of results

of health assessments and health effects

studies, provides that reports of health

effects studies conducted under section

104(i) of CERCLA will be available to

the general public upon request.

Availability

The reports of the health effects

studies listed below are now available

through the U.S. Department of

Commerce, National Technical

Information Service (NTIS), 5285 Port

Royal Road, Springfield, Virginia 22151,

telephone: 1–800–553–6847. There is a

charge for these items as determined by

NTIS.

Health effects study NTIS document No.

Soil-Related Lead Poisoning in

Socorro, New Mexico.

ATSDR/HS–94/36.

PB94–

193406

A Standardized Test Battery

for Lung and Respiratory

Diseases for Use in Environmental Health Field Studies.

ATSDR/HS–94/37.

PB94–

205556

Immune Function Test Batteries for Use in Environmental Health Field Studies.

ATSDR/HS–94/38.

PB94–

204328

National Exposure Registry

Policies and Procedures

Manual (Revised). ATSDR/

HS–95/39.

PB95–

154571

National Exposure Registry

Trichloroethylene (TCE)

Subregistry Baseline Technical Report (Revised).

ATSDR/HS–95/40.

PB95–

154589

Mortality Study of Children Residing Near ASARCO Copper Smelting in Ruston,

Washington. ATSDR/HS–95/

41.

PB95–

142022

Health Study to Assess the

Human Health Effects of

Mercury Exposure to Fish

Consumed from the Everglades. ATSDR/HS–95/42.

PB95–

167276

Health effects study NTIS document No.

Exposure to PCBs from Hazardous Waste Among Mohawk Women and Infants at

Akwesasne. ATSDR/HS–95/

43.

PB95–

159935

Jasper County, Missouri

Superfund Site Lead and

Cadmium Exposure Study.

ATSDR/HS–95/44.

PB95–

179404

In accordance with 42 CFR 90.11,

copies of these final reports have been

distributed to the Environmental

Protection Agency, the appropriate State

and local government agencies, and the

affected local communities.

ATSDR previously announced the

availability of 35 final reports of health

effect studies and a software package for

the analysis of disease clusters [55 FR

31445, August 12, 1990; 57 FR 29091,

June 30, 1992; 58 FR 29413, May 20,

1993; 58 FR 63378, December 1, 1993;

and 59 FR 47879, September 19, 1994].

Additional final reports will be

announced semiannually in the Federal

Register as they become available.

Dated: May 5, 1995.

Claire V. Broome,

Deputy Administrator, Agency for Toxic

Substances and Disease Registry.

[FR Doc. 95–11629 Filed 5–10–95; 8:45 am]

BILLING CODE 4163–70–P

Centers for Disease Control and

Prevention

[Announcement 550]

Enhancing Partnerships With Private

Sector Health Care Provider

Organizations; Notice of Availability of

Funds for Fiscal Year 1995

Introduction

The Centers for Disease Control and

Prevention (CDC) announces the

availability of fiscal year (FY) 1995

funds for cooperative agreements to

enhance partnerships with private

sector health care provider

organizations and to promote the

improvement of immunization coverage

in primary care settings.

The Public Health Service (PHS) is

committed to achieving the health

promotion and disease prevention

objectives of Healthy People 2000, a

PHS-led national activity to reduce

morbidity and mortality and improve

the quality of life. This announcement

is related to the priority areas of

Immunization and Infectious Diseases.

(To order a copy of Healthy People

2000, see the section Where to Obtain

Additional Information.)