Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Notices 33087

Trans # Acquiring Acquired Entities

20011820 ......................... Alec E. Gores .................................... Micron Technology, Inc. .................... Micron Technology, Inc.

20011825 ......................... Wells Fargo & Company ................... H.D. Vest, Inc. ................................... H.D. Vest, Inc.

20011826 ......................... Mr. Alec E. Gores .............................. Hewlett-Packard Company ................ VeriFone, Inc.

20011827 ......................... Arthur J. Gallagher & Co ................... The Galtney Group, Inc. .................... The Galtney Group, Inc.

20011830 ......................... Siemens AG ...................................... Catamaran Communications, Inc ...... Catamaran Communications, Inc.

20011835 ......................... Swiss Reinsurance Company ........... Southwestern Life Holdings, Inc ....... Southwestern Life Holdings, Inc.

20011843 ......................... Old Mutual plc ................................... The St. Paul Companies, Inc ............ Fidelity and Guaranty Life Insurance

Company.

20011844 ......................... Lincolnshire Equity Fund II, L.P ........ Robert Nederlander ........................... All American Sports Corp., Equilink

Licensing Corp., MacMark Corp.,

McGregor Corp., Proacq Corp.,

RHC Licensing Corporation,

Riddell Sports Inc., Riddell, Inc.,

Ridmark Corp.

Transactions Granted Early Termination—5/22/2001

20011767 ......................... Carla S.A.S. ....................................... Akzo Nobel N.V. ................................ Advanced Business Laboratories,

Inc., Akzo Nobel N.V.

20011787 ......................... Akzo Nobel NV .................................. Covance Inc. ..................................... Covance Biotechnology Services,

Inc.

Transactions Granted Early Termination—5/24/2001

20011803 ......................... Micrel, Incorporated ........................... Kendin Communications, Inc. ........... Kendin Communications, Inc

Transactions Granted Early Termination—5/25/2001

20011815 ......................... Glencore Holding AG ........................ Alcan, Inc. .......................................... Alcan, Inc.

20011823 ......................... SunGard Data Systems, Inc ............. Neil S. Hirsch .................................... Loanet Holdings, Inc.

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,

DC 20580, (202) 326–3100.

By Direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 01–15551 Filed 6–19–01; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 002 3312]

Robert C. Spencer & Lisa M. Spencer,

d/b/a Aaron Company; 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

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:

James Rohrer, Federal Trade

Commission, Southeast Region, Midrise

Bldg., Suite 5M35, 60 Forsyth St., S.W.,

Atlanta, GA 30303.

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 31⁄2 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 Robert M. Spencer and Lisa

Spencer, d/b/a/ Aaron Company

(‘‘proposed respondents’’). Proposed

respondents marketed ‘‘Colloidal

Silver,’’ a dietary supplement allegedly

containing submicroscopic particles of

silver that was intended to be taken

orally for the cure and treatment of more

than 650 diseases. In addition, proposed

respondents marketed other dietary

supplements, including Chitosan with

vitamin C for substantial weight loss

without a restricted calorie diet, and

Ultimate Energizer as a stimulant and

energizer claiming it was safe with no

side effects.

33088 Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Notices

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.

The Commission’s complaint charges

that proposed respondents made false

claims that their Colloidal Silver

product had been (1) medically proven

to kill over 650 disease-causing

organisms in the body; and (2)

successfully used to treat all known

infections. The Commission’s complaint

also charges that proposed respondents

failed to have a reasonable basis for

claims they made about the Colloidal

Silver product’s (1) efficacy in treating

and curing cancer, multiple sclerosis,

HIV/AIDS, and other specific illnesses;

(2) superiority to antibiotics in healing

and curing infections; (3) safety for

human consumption without side

effects; and (4) superiority in treating

various medical and health problems in

animals. Proposed respondents have

also been charged with failing to have

a reasonable basis for claims they made

about the efficacy of their Chitosan with

vitamin C product, the safety claims for

their Ultimate Energizer product

containing Mahuang, and other

substances. Such claims, promoting

dietary supplements, appeared on the

website that proposed respondents

produced or caused to be produced.

Part I of the consent order prohibits

proposed respondents from

misrepresenting, including by means of

metatags, any claims that Colloidal

Silver or any service, program, dietary

supplement, food, drug, or device, has

been medically proven to kill diseasecausing organisms or any number of

infections in the body. Part II of the

order requires competent and reliable

scientific evidence to substantiate

representations that Colloidal Silver or

any covered product (1) treats and cures

cancer, multiple sclerosis, HIV/AIDS,

and other specific illnesses; (2) is

superior to antibiotics in healing and

curing infections; (3) is safe for human

consumption and has no side effects; (4)

treats various medical and health

problems in animals; and (5) enables

consumers to lose substantial weight

without the need for a restricted diet.

Part III of the order prohibits proposed

respondents from misrepresenting,

including by means of metatags, the

existence, contents or interpretation of

any test, study, or research. Part V of the

order requires that for any future

advertisement of products containing

ephedra or ephedrine, proposed

respondents must include affirmative

warnings concerning safety issues. This

warning was developed after

discussions with the Food and Drug

Administration. FDA has announced

that it intends to initiate a rulemaking

for dietary supplements for women who

are or who may become pregnant. In the

event that FDA issues a final rule

requiring a warning for pregnant women

on dietary supplements, respondents

may substitute that warning for the

disclosure on that topic required under

the proposed order. Part IV of the

proposed order permits proposed

respondents to make certain claims for

drugs or dietary supplements,

respectively, that are permitted in

labeling under laws and/or regulations

administered by the U.S. Food and Drug

Administration.

The remainder of the proposed order

contains standard requirements that

proposed respondents 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; notify the

Commission of any change in the

business entity that may affect

compliance obligations under the order;

and file one or more reports detailing

their compliance with the order. Part XII

of the proposed order is a provision

whereby the order, absent certain

circumstances, terminates twenty years

from the date of issuance.

This proposed order, if issued in final

form, will resolve the claims alleged in

the complaint against the named

respondents. 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 order or to

modify in any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 01–15550 Filed 6–19–01; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 002 3226]

ForMor, 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

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 Bloom or Donald D’Amato,

Federal Trade Commission, Northeast

Region, One Bowling Green, Suite 318,

New York, NY 10004. (212) 607–2801 or

607–2802.

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 31⁄2 inch diskette

containing an electronic copy of the

comment. Such comments or views will