16154 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices

and without a reasonable basis that

Nicotain enables smokers to stop

smoking quickly and easily, and that it

works through the same mechanism as

a prescription smoking deterrent patch.

With respect to the advertising for

both the weight loss pills and Nicotain,

the Complaint alleges that proposed

respondents falsely represented that

consumer testimonials appearing in the

ads reflect the typical or ordinary

experience of members of the public

who have used the products.

The proposed consent order ontains

provisions designed to remedy the

violations charged and to prevent the

proposed respondent from engaging in

similar acts in the future.

Part I of the proposed order prohibits

proposed respondents from representing

that MegaLoss, FormulaTrim, and

MiracleTrim, or any other weight-loss

product containing

phenylpropanolamine as the active

ingredient: (1) Causes or assists in

causing rapid weight loss; (2) causes or

assists in causing substantial weight loss

without the need to exercise or reduce

caloric intake; (3) is new or unique or

contains a new or unique ingredient; (4)

causes the burning of more body fat

than certain strenuous exercise; or (5)

contains an active ingredient that, prior

to the sale of such product, was

available only through doctors.

Part II requires the proposed

respondents to disclose that diet or

exercise are required to lose weight in

connection with any representation

about the effect of a weight-loss product

on weight or body size, unless they have

competent and reliable scientific

evidence to the contrary. Part III

prohibits proposed respondents from

making the types of weight-loss, fat

burning and smoking cessation claims

alleged in the complaint to be false and

unsubstantiated, unless the claims are

true and substantiated by competent

and reliable scientific evidence. Part IV

prohibits proposed respondents from

representing that Nicotain or any

substantially similar product (a) will

enable smokers to stop smoking easily,

or (b) works through a mechanism

substantially similar to a prescription

smoking deterrent patch. Part V

prohibits any misrepresentation

concerning the nature or mechanism of

operation of any smoking cessation

product.

Part VI prohibits proposed

respondents from misrepresenting that:

(1) Any product or program is new or

unique, or contains a new or unique

ingredient; (2) consumers who order any

product or program will receive a

personal consultation from a physician

or medically trained weight-loss

counselor; or (3) the results claimed in

consumer testimonials constitute the

typical or ordinary experience of

members of the public who use the

advertised product or program.

Part VII of the proposed order requires

proposed respondents to disclose,

clearly and prominently, a material

connection, where one exists, between

any endorser and the proposed

respondents.

Part VIII prohibits proposed

respondents from misrepresenting the

contents, validity, results, conclusions,

or interpretations of any test or study.

Part IX requires that proposed

respondents have competent and

reliable scientific evidence to

substantiate the following categories of

claims for any product or program: (1)

Any representations regarding

dangerous side effects, nervous jitters,

insomnia, or any other adverse health

effects; (2) any representations that the

product or program burns, reduces, or

diminishes body fat; and (3) any

representations that the product or

program will significantly shrink fat

cells. Part X requires proposed

respondents to possess scientific

substantiation before making

representations regarding the

performance, benefits, efficacy, or safety

of any weight-loss product, smoking

deterrent or cessation product, food,

food or dietary supplement, drug, or

device.

Parts XI and XII contain safe harbors

for claims that are permitted on the

labeling of foods and drugs under the

applicable FDA regulations.

Part XIII bans proposed respondents’

practice of charging a consumer’s credit

card account of debiting a consumer’s

checking account in excess of the

amount affirmatively authorized by the

consumer. Under Part XIV, proposed

respondents are prohibited from

misrepresenting the terms of a moneyback guarantee and from failing to

provide a refund when a consumer has

complied with the conditions stated in

the advertisement for obtaining a

refund. Part XV prohibits proposed

respondents from failing to comply with

the requirements of the Commission’s

Mail or Telephone Order Merchandise

Rule, as amended, effective March 1,

1994.

Part XVI requires that as a condition

of advertising, promoting, offering for

sale, selling, or distributing any weightloss product or smoking deterrent or

cessation product, proposed respondent

Santamaria either obtain a performance

bond or establish an escrow account in

the amount of $300,000.

Part XVII requires proposed

respondents to maintain, for five (5)

years, all materials that support,

contradict, qualify, or call into question

any representations they make which

are covered by the proposed order. Part

XVIII requires the proposed corporate

respondents to distribute a copy of the

order to current and future principals,

officers, directors, and managers, as well

as to any employees having sales,

advertising, or policy responsibility

with respect to the subject matter of the

order. Under Part XIX of the proposed

order, the proposed corporate

respondents must notify the Federal

Trade Commission at least thirty (30)

days prior to certain proposed changes

in their structures. Part XX requires that

proposed respondent Santamaria, for a

period of seven (7) years, notify the

Commission of any change in his

business or employment. Part XXI

obliges proposed respondents to file

compliance reports with the

Commission.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and it is not to

constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 95–7634 Filed 3–28–95; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Resources and Services

Administration

Advisory Council; Notice of Meeting

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

the Federal Advisory Committee Act

(Pub. L. 92–463), announcement is

made of the following National

Advisory bodies scheduled to meet

during the months of April/May 1995:

Name: HRSA AIDS Advisory Committee

Clinical Issues Subcommittee.

Time: April 26, 1995, 10:00 a.m.–4:00 p.m.

Place: Grand Hyatt Washington Hotel, 1000

S Street NW., Washington, D.C. 20001.

The meeting is open to the public.

Purpose: To facilitate timely dissemination

of information about new developments in

clinical research, drug development, and

policies on HIV diseases into language

relevant for practicing caregivers supported

by HRSA’s HIV/AIDS programs.

Agenda: The meeting will include a

discussion of the purpose of the

subcommittee and the mechanisms for

accomplishing its activities.

* * * * *

Name: HRSA AIDS Advisory Committee

Evaluation Subcommittee.

Time: May 4, 1995, 10:00 a.m.–4:00 p.m.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Notices 16155

Place: Ramada Bethesda Hotel, 8400

Wisconsin Avenue, Bethesda, MD 20814.

The meeting is open to the public.

Purpose: To review HRSA’s evaluation

activities in HIV and recommend new ones.

Agenda: This is the initial meeting of this

subcommittee. The subcommittee and

consultants will be provided an orientation

on evaluation policies and programs.

For further information on the

Subcommittee meetings, please contact A.

Russell Gerber at (301) 443–4588.

* * * * *

Name: HRSA AIDS Advisory Committee.

Time: May 16, 1995, 1:00 p.m.–5:00 p.m.;

May 17, 1995, 8:30 a.m.–5:00 p.m.; May 18,

1995, 8:30 a.m.–2:00 p.m.

Place: Phillips Ballroom, Radisson-Barcelo

Hotel, 2121 P Street NW., Washington, D.C.

20037.

The meeting is open to the public.

Purpose: The Committee advises the

Secretary with respect to health professional

education, patient care/health care delivery

to HIV-infected individuals, and research

relating to transmission, prevention and

treatment of HIV infection.

Agenda: The topics to be discussed include

the Relationship of Prevention to Care; AIDS

Clinical Trial Group 076 Implementation

Update; National Health Service Corps;

Health Professions Training; Evaluation; and

the Reauthorization of the Ryan White

Comprehensive AIDS Resources and

Emergency Act.

Anyone requiring information regarding

the subject Committee should contact Judy

Hagopian, AIDS Program Office, Health

Resources and Services Administration,

Room 14A–21, Parklawn Building, 5600

Fishers Lane, Rockville, Maryland 20857,

Telephone (301) 443–0866.

* * * * *

Name: Maternal and Child Health Research

Grants Review Committee.

Date and Time: May 24–26, 1995, 9:00 a.m.

Place: Holiday Inn Crowne Plaza,

Twinbrook Room, 1750 Rockville Pike,

Rockville, Maryland 20852.

Open on May 24, 1995, 9:00 a.m.–10:00

a.m.

Closed for remainder of meeting.

Purpose: To review research grant

applications in the program area of maternal

and child health administered by the

Maternal and Child Health Bureau.

Agenda: The open portion of the meeting

will cover opening remarks by the Director,

Division of Systems, Education and Science,

Maternal and Child Health Bureau, who will

report on program issues, congressional

activities and other topics of interest to the

field of maternal and child health. The

meeting will be closed to the public on May

24 at 10:00 a.m. for the remainder of the

meeting for the review of grant applications.

The closing is in accordance with the

provisions set forth in section 552b(c)(6),

Title 5 U.S.C., and the Determination by the

Acting Associate Administrator for Policy

Coordination, Health Resources and Services

Administration, pursuant to Public Law 92–

463.

Anyone requiring information regarding

the subject Council should contact Gontran

Lamberty, D.P.H., Executive Secretary,

Maternal and Child Health Research Grants

Review Committee, Room 18A–55, Parklawn

Building, 5600 Fishers Lane, Rockville,

Maryland 20857, Telephone (301) 443–2190.

Agenda Items are subject to change as

priorities dictate.

Dated: March 24, 1995.

Jackie E. Baum,

Advisory Committee Management Officer,

HRSA.

[FR Doc. 95–7704 Filed 3–28–95; 8:45 am]

BILLING CODE 4160–15–P

Social Security Administration

Privacy Act of 1974; Report of New

Routine Use

AGENCY: Social Security Administration

(SSA), Department of Health and

Human Services (HHS).

ACTION: New routine use.

SUMMARY: In accordance with the

Privacy Act (5 U.S.C. 552a(e)(4) and

(11)), we are issuing public notice of our

intent to establish a new routine use

applicable to the Master Files of Social

Security Number (SSN) Holders and

SSN Applications, HHS/SSA/OSR, 09–

60–0058. The proposed routine use will

allow SSA to verify the personal

identification information presented to

State motor vehicle agencies (MVA) by

individuals seeking drivers’ licenses

and identification cards. This

verification service will assist those

MVAs’ efforts to determine whether the

identification information used by

individuals to obtain such documents is

correct.

We invite public comment on this

publication.

DATES: We filed a report of a new

routine use with the Chairman,

Committee on Government Reform and

Oversight of the House of

Representatives, the Chairman,

Committee on Governmental Affairs of

the Senate, and the Administrator,

Office of Information and Regulatory

Affairs, Office of Management and

Budget on March 8, 1995. The routine

use will become effective as proposed,

without further notice on May 8, 1995,

unless we receive comments on or

before that date that would result in a

contrary determination.

ADDRESSES: Interested individuals may

comment on this publication by writing

to the SSA Privacy Officer, Social

Security Administration, Room 3–A–6

Operations Building, 6401 Security

Boulevard, Baltimore, Maryland 21235.

Comments may be faxed to (410) 966–

0869. All comments received will be

available for public inspection at that

address by making arrangements with

the contact person below.

FOR FURTHER INFORMATION CONTACT: Mrs.

Alicia Matthews, Social Insurance

Specialist, Office of Disclosure Policy,

Social Security Administration, 3–D–1

Operations Building, 6401 Security

Boulevard, Baltimore, Maryland 21235,

telephone 410–965–1723.

SUPPLEMENTARY INFORMATION:

A. Discussion of Proposed Routine Use

Under the national policy established

by section 205(c)(2)(C)(i) of the Social

Security Act (the Act) States are

authorized to use the SSN in the

administration of their drivers’ license

laws for the purpose of establishing the

identity of individuals affected by such

laws, and may require any individual

affected by such laws to furnish to the

States (or any agency having

administrative responsibility for such

laws) his or her SSN. Some MVAs use

the SSN to establish the identity of

individuals being issued drivers’

licenses. Some MVAs also use the SSN

to establish the identity of individuals

being issued identification cards.

Federal law does not specifically

authorize the States’ use of the SSN for

the issuance of general identification

cards.

Documents such as the driver’s

license and the State-issued

identification card can be used to

establish identity for Federal programs

and State and local public assistance

programs. The driver’s license and

identification card can also be used to

establish identity for personal and

commercial purposes, such as

establishing credit and check cashing.

State agencies which issue

identification documents such as

drivers’ licenses and identification cards

are likely points at which persons might

attempt to use SSNs that were not

assigned to them in schemes to deceive

those agencies and obtain the desired

documents. Section 208(a)(7) of the Act

provides that any person who, with

intent to deceive, represents that an SSN

is the one that was assigned by the

Secretary of HHS to him or her, when

in fact it was not assigned to that

person, is guilty of a felony, and upon

conviction may be fined, imprisoned, or

both.

SSA considers performing verification

services for State MVAs as a legitimate

function in the administration of the

Act. Although the verification services

are not specifically mentioned in

section 205(c)(2)(C)(i) of the Act, they

will assist States in using SSNs as

authorized by that statute in

administering their driver’s license

laws. In addition, such verification

services will help the States detect and