[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Notices]
[Pages 33090-33092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15549]


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FEDERAL TRADE COMMISSION

[File No. 012 3091]


Michael Forrest, d/b/a Jaguar Enterprises of Santa Ana; Analysis 
To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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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

[[Page 33091]]

describes both the allegations in the 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 16, 2001.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, 
Room 159, 600 Pennsylvania Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Michael Milgrom, Federal Trade 
Commission, East Central Region, Eaton Center, Suite 200, 1111 Superior 
Ave., Cleveland, OH 44114-2507. (216) 263-3419.

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 by the 
Commission, has been placed on the public record for a period of thirty 
(30) 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 June 14, 2001), on the 
World Wide Web, at ``http://www.ftc.gov/os/2001/06/index.htm.'' A paper 
copy can be obtained from the FTC Public Reference Room, Room H-130, 
600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or 
by calling (202) 326-3627.
    Public comment is invited. Comments should be directed to: FTC/
Office of the Secretary, Room 159, 600 Pennsylvania Ave., NW., 
Washington, DC 20580. Two paper copies of each comment should be filed, 
and should be accompanied, if possible, by a 3\1/2\ inch diskette 
containing an electronic copy of the comment. 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, subject to 
final approval, to a proposed consent order from Michael Forrest, 
individually and d/b/a Jaguar Enterprises of Santa Ana (``Forrest'' or 
the ``proposed respondent''). Forrest is an Internet seller of various 
electronic devices and herbal remedies purported to cure or treat a 
wide variety of illnesses and conditions.
    The proposed consent order has been placed on the public record for 
thirty (30) days for reception of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) days, the Commission will again 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.
    This matter concerns advertising and promotional practices related 
to the sale of various products known as Black Box, Magnetic Pulser, 
Magnetic Multi-Pulser, Beck-Rife unit, Portable Rife Frequency 
Generator, PC-Rife#1, PC-Rife#2, PC-Rife#3, and Miracle Herbs. Miracle 
Herbs is a combination of herbal ingredients purported to cure cancer 
and other serious diseases. The other products are devices that purport 
to cure cancer, AIDS, arthritis and other serious diseases by means of 
passing either an electric current or a magnetic pulse through the 
body. The Commission's complaint charges that Forrest failed to have a 
reasonable basis for the following claims, which were made on two 
Internet websites:
    (1) The Black Box is effective in treating cancer, AIDS, hepatitis, 
Gulf War Syndrome, Chronic Fatigue Syndrome and rheumatoid arthritis;
    (2) The Magnetic Pulser, together with the Black Box, is effective 
in treating cancer, AIDS, hepatitis, Gulf War Syndrome, Chronic Fatigue 
Syndrome and rheumatoid arthritis;
    (3) The Magnetic Multi-Pulser is effective in treating cancer, 
localized infections and diseases caused by the herpes virus;
    (4) The Beck-Rife unit, Portable Rife Frequency Generator, PC-Rife 
#1, PC-Rife #2, and PC-Rife #3 are effective in treating cancer and 
other serious diseases;
    (5) The Black Box, Magnetic Pulser and Magnetic Multi-Pulser, used 
as directed, deactivate disease-causing viruses, bacteria (including 
drug-resistant bacteria), fungi and other parasites in humans; and
    (6) The Miracle herbs product is effective in treating cancers of 
all types, AIDS, bacterial infections and viral infections.
    The Complaint also alleges that Forrest claimed that scientific 
proof demonstrated the truth of two claims: (1) That Miracle Herbs is 
safe and effective in treating various cancers in humans with no side 
effects; and, (2) that use of the Black Box, Magnetic Pulser and 
Magnetic Multi-Pulser is effective to kill, deactivate or disable 
viruses, bacteria, fungi and other parasites in humans. The Complaint 
alleges that these claims of scientific proof are false.
    Part I of the consent order requires that Forrest not misrepresent 
that the two claims listed above are scientifically proven.
    Part II requires that Forrest must possess competent and reliable 
scientific evidence to substantiate any representation that:
    (a) Any electronic therapy device or any other product or service 
is effective in (1) treating or curing cancer, AIDS, hepatitis, Gulf 
War Syndrome, Chronic Fatigue Syndrome, rheumatoid arthritis or Herpes; 
(2) treating or preventing bacterial infections; or (3) treating or 
preventing viral infections;
    (b) That any such product or service is effective in the 
mitigation, treatment, prevention, or cure of any disease or illness; 
or
    (c) About the health benefits, performance, safety, or efficacy of 
any such product or service.
    Part III prohibits false claims about scientific support for any 
electronic therapy device or any service, program, dietary supplement, 
food, drug, or device. Part IV permits Forrest to make certain claims 
for devices, drugs or dietary supplements that are permitted in 
labeling under laws and/or regulations administered by the U.S. Food 
and Drug Administration. Parts V and VI require Forrest to offer and 
make a refund to all purchasers of the listed products from Jaguar 
since April 1, 1999, using the forms and procedures specified. Part VII 
requires Forrest to file a report with the Commission detailing how he 
has complied with Parts V and VI.
    The remainder of the proposed order contains standard requirements 
that proposed respondent maintain advertising and any materials relied 
upon as substantiation for any representation covered by substantiation 
requirements under the order; distribute copies of the order to certain 
company officials and employees; distribute copies of the order to any 
distributors that it might set up; notify the Commission of any change 
in his status that may affect compliance obligations under the order; 
and file one or more reports detailing his compliance with the order. 
Part XIV of the proposed order is a provision whereby the order, absent 
certain circumstances, terminates twenty years from the date of 
issuance.

[[Page 33092]]

    This proposed order, if issued in final form, will resolve the 
claims alleged in the complaint against the named respondent. it is not 
the Commission's intent that acceptance of this consent agreement and 
issuance of a final decision and order will release any claims against 
any unnamed persons or entities associated with the conduct described 
in the complaint. The purpose of this analysis is to facilitate public 
comment on the proposed order, and is not intended to constitute an 
official interpretation of the agreement and proposed to order or to 
modify in any way their terms.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 01-15549 Filed 6-19-01; 8:45 am]
BILLING CODE 6750-01-M