18410 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Notices

1Copies of the complaint and the Decision and

Order are available from the Commission’s Public

Reference Branch, H–130, 6th Street & Pennsylvania

Avenue, NW., Washington, DC 20580.

any substantially similar treatment are

successful in maintaining their inch or

weight loss.

Part II prohibits the proposed

respondents from representing that any

body wrapping treatment causes inch

loss, does so quickly and easily or

without diet or exercise, or causes inch

loss at any specific part of the body,

unless the claim is true and

substantiated by competent and reliable

scientific evidence. In addition, Part II

requires the proposed respondents to

disclose in conjunction with any such

representation that the inch loss is

temporary and that there is no weight

loss, unless they can substantiate

otherwise.

Part III.A requires proposed

respondents to disclose, in conjunction

with any representation about the safety

of their body wrap treatment that body

wrapping may be dangerous to the

health of people with heart disease, high

or low blood pressure, or diabetes.

Under the proposed order, this

disclosure must be clear and prominent,

which is defined as being

understandable in both the audio and

visual portions of a television ad, as

being in an understandable cadence in

a radio ad, and as being in at least

twelve point type in a sufficiently

noticeable location in a print ad.

Part III.B requires that, prior to

purchase, proposed respondents give

each prospective purchaser of its body

wrapping treatment the following

warning:

CAUTION: If you suffer from heart

disease, high or low blood pressure,

or diabetes, you should consult your

physician before using this treatment

to determine whether it is dangerous

to your health.

The warning must be included in a

brochure describing the treatment (in

which case it must be printed in bold,

ten point type within a two point rule),

or, if the brochure is discontinued, on

a five by eight inch card (in twelve point

type). Under Part III.C the proposed

respondents must also display in the

reception area of its facilities a sign with

the same warning printed in one-inch

high letters.

Part IV requires proposed respondents

to disclose that diet or exercise is

required to lose weight in connection

with any representation about the effect

of a treatment, program, product, or

service on weight or body size, unless

they have competent and reliable

evidence to the contrary. Like the safety

disclosure, this disclosure must also be

clear and prominent as defined in the

order.

Part V addresses proposed

respondents’ deceptive use of consumer

testimonials. It prohibits

misrepresentations in advertising for

weight control or reduction treatments,

programs, products, and services to the

effect that any endorsement constitutes

the typical and ordinary experience of

members of the public who use the

advertised treatment, program, product,

or service.

Part VI.A–C contains fencing-in

provisions that require proposed

respondents to have prior substantiation

for claims that any treatment, program,

product, or service provides any benefit

in terms of weight loss or weight

maintenance or has an effect on cellulite

or body measurements. Under Part VI.D

proposed respondents are required to

have substantiation for claims about the

safety of weight loss or body shaping

treatments, programs, products, or

services.

Parts VII and VIII contain safe harbors

for claims that are permitted on the

labeling of foods and drugs under the

applicable regulations of the Food and

Drug Administration. The remaining

provisions of the order are standard

compliance provisions. Part IX requires

the corporate respondents to provide

copies of the order to relevant

personnel. Part X requires the proposed

respondents to keep records about

covered claims for five years. Under Part

XI, the corporate respondents are

required to notify the Commission of

certain changes in structure, and Part

XII requires the individual respondent

to notify the Commission of changes in

his employment for the next five years.

Finally, Part XIII of the proposed order

obligates the respondents to file

appropriate compliance reports.

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.

[FR Doc. 95–8858 Filed 4–10–95; 8:45 am]

BILLING CODE 6750–01–M

[Dkt. C–3561]

Gorayeb Seminars, Inc., et al.;

Prohibited Trade Practices, and

Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent Order.

SUMMARY: In settlement of alleged

violations of Federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

order prohibits, among other things, two

New Jersey-based companies and their

officers from making any representation

about the relative or absolute

performance or efficacy of any smoking

cessation or weight loss program, unless

they possess and rely upon competent

and reliable scientific evidence to

substantiate the representation.

DATES: Complaint and Order issued

March 3, 19951.

FOR FURTHER INFORMATION CONTACT:

Matthew Daynard, FTC/H–200,

Washington, DC. 20580. (202) 326–3291.

SUPPLEMENTARY INFORMATION: On Firday,

August 5, 1994, there was published in

the Federal Register, 59 FR 40032, a

proposed consent agreement with

analysis In the Matter of Gorayeb

Siminars, Inc., et al., for the purpose of

soliciting public comment. Interested

parties were given sixty (60) days in

which to submit comments, suggestions

or objections regarding the proposed

form of the order.

Comments were filed and considered

by the Commission. The Commission

has ordered the issuance of the

complaint in the form contemplated by

the agreement, made its jurisdictional

findings and entered an order to cease

and desist, as set forth in the proposed

consent agreement, in disposition of this

proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets

or applies sec. 5, 38 Stat. 719, as amended;

15 U.S.C. 45)

Donald S. Clark,

Secretary.

[FR Doc. 95–8859 Filed 4–10–95; 8:45 am]

BILLING CODE 6750–01–M

[Dkt. C–3565]

IVAX Corp.; Prohibited Trade

Practices, and Affirmative Corrective

Actions

AGENCY: Federal Trade Commission.

ACTION: Consent Order.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

order permits, among other things,

IVAX, a Florida corporation, to acquire

Zenith Laboratories, except for Zenith’s

rights to market or sell extended release

generic verapamil under Zenith’s

exclusive distribution agreement with

G.D. Searle & Co. Respondent is also