57628 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

1 The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See 

Commission Rule 4.9(c), 16 CFR 4.9(c). 

Part IV of the proposed order provides 

that the order does not prohibit 

respondent from making representations 

for any drug that are permitted in 

labeling for the drug under any tentative 

or final Food and Drug Administration 

(‘‘FDA’’) standard or under any new 

drug application approved by the FDA; 

and representations for any product that 

are specifically permitted in labeling for 

that product by regulations issued by 

the FDA under the Nutrition Labeling 

and Education Act of 1990. 

Part V.A. of the proposed order 

requires respondent to provide a list of 

all purchasers ofPremium Essiac Tea to 

the Commission. Part V.B. requires 

respondent to mail to each purchaser a 

letter describing the scientific evidence 

related to essiac tea. Part V.C. prohibits 

respondent from providing any 

identifying information about his 

purchasers to anyone other than a law 

enforcement agency or as required by 

law. 

Parts VI though IX of the proposed 

order require respondent to keep copies 

of relevant advertisements and materials 

that substantiate claims made in the 

advertisements; to provide copies of the 

order to certain of his employees; to 

notify the Commission of any changes 

in employment that might affect 

compliance obligations under the order; 

and to file compliance reports with the 

Commission. 

Part X provides that the order will 

terminate afer twenty (20) years under 

certain circumstances. 

The purpose of ths 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 

modif in any way their terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E8–23325 Filed 10–2–08; 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3119] 

Holly A. Bacon, d/b/a Cleansing Time 

Pro; Analysis of Proposed Consent 

Order 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 

draft complaint 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 October 17, 2008. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to ‘‘Holly A. 

Bacon, File No. 082 3119,’’ to facilitate 

the organization of comments. A 

comment filed in paper form should 

include this reference both in the text 

and on the envelope, and should be 

mailed or delivered to the following 

address: Federal Trade Commission/ 

Office of the Secretary, Room 135-H, 

600 Pennsylvania Avenue, N.W., 

Washington, D.C. 20580. Comments 

containing confidential material must be 

filed in paper form, must be clearly 

labeled ‘‘Confidential,’’ and must 

comply with Commission Rule 4.9(c). 

16 CFR 4.9(c) (2005).1 The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. Comments that do not 

contain any nonpublic information may 

instead be filed in electronic form by 

following the instructions on the webbased form at (http:// 

secure.commentworks.com/ftcHollyABacon). To ensure that the 

Commission considers an electronic 

comment, you must file it on that webbased form. 

The Federal Trade Commission Act 

(‘‘FTC Act’’) and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm) 

FOR FURTHER INFORMATION CONTACT: 

Richard Cleland, FTC Bureau of 

Consumer Protection, 600 Pennsylvania 

Avenue, NW, Washington, D.C. 20580, 

(202) 326-3088. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 of the Commission 

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, subject to final 

approval, 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 September 18, 2008), on 

the World Wide Web, at http:// 

www.ftc.gov/os/2008/09/index.htm. A 

paper copy can be obtained from the 

FTC Public Reference Room, Room 130- 

H, 600 Pennsylvania Avenue, NW, 

Washington, D.C. 20580, either in 

person or by calling (202) 326-2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

Consent Order to Aid Public Comment 

The Federal Trade Commission has 

accepted, subject to final approval, an 

agreement containing a consent order 

from Holly A. Bacon, doing business as 

Cleansing Time Pro (‘‘respondent’’). 

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 or make 

final the agreement’s proposed order. 

This matter concerns the advertising 

and promotion of products known as 

Cleansing Time Pro Black Salve & 

Tablets. According to their labels, these 

products contain ‘‘blood root, galangal & 

zinc chloride in a base of blended 

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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 57629 

synergistic herbs (+ calcium in the 

tablets).’’ Cleansing Time Pro Black 

Salve is an ointment that respondent 

recommends for external use. 

Alternatively, respondent recommends 

that consumers take the product 

internally by purchasing Black Salve 

Tablets or by placing an amount of the 

Black Salve ointment into a gelatin 

capsule. 

The Commission’s complaint charges 

that respondent claimed that Cleansing 

Time Pro Black Salve & Tablets were 

effective to treat, prevent, or cure 

numerous forms of cancer and various 

viral infections, including hepatitis, 

HIV, SARS, West Nile Virus, and Avian 

Bird Flu. The complaint alleges that 

respondent did not have a reasonable 

basis for these claims. The 

Commission’s complaint also challenges 

respondent’s testimonial advertising. 

The complaint alleges that respondent 

failed to disclose adequately that one of 

the endorsers was respondent Holly A. 

Bacon herself. The complaint alleges 

that this was a deceptive act or practice, 

because the fact that one of the 

endorsers had a material connection 

with Cleansing Time Pro would 

materially affect the weight and 

credibility given by consumers to the 

endorsement and would be material to 

consumers in their purchase or use of 

the products. 

The proposed consent order contains 

provisions designed to prevent 

respondent from engaging in similar 

acts and practices in the future. Part I 

requires respondent to have competent 

and reliable scientific evidence 

substantiating any claim that Cleansing 

Time Pro Black Salve & Tablets, or any 

other covered product or service, is 

effective in the prevention, treatment or 

cure of cancer, cancer, hepatitis, HIV, 

SARS, West Nile Virus, or Avian Bird 

Flu. A ‘‘covered product or service’’ is 

defined as any food, dietary 

supplement, or drug, including, but not 

limited to, Cleansing Time Pro Black 

Salve & Tablets, or any other healthrelated product, service, or program. 

Part II requires that any future claim 

about the absolute or comparative 

benefits, performance, efficacy, safety or 

side effects of any covered product or 

service be truthful and supported by 

competent and reliable scientific 

evidence. 

Part III of the proposed order 

addresses the deceptive endorsement 

claim by requiring that respondent 

disclose any material connection 

between an endorser and respondent, if 

such a connection exists. ‘‘Material 

connection’’ is defined as any 

relationship that materially affects the 

weight or credibility of the user 

testimonial or endorsement and that 

would not reasonably be expected by 

consumers. 

Part IV of the proposed order provides 

that the order does not prohibit 

respondent from making representations 

for any drug that are permitted in 

labeling for the drug under any tentative 

or final Food and Drug Administration 

(‘‘FDA’’) standard or under any new 

drug application approved by the FDA; 

and representations for any product that 

are specifically permitted in labeling for 

that product by regulations issued by 

the FDA under the Nutrition Labeling 

and Education Act of 1990. 

Part V of the proposed order requires 

respondent to compile a list of all 

consumers who purchased Cleansing 

Time Pro Black Salve & Tablets from 

respondent since July 1, 2005, and to 

mail a letter (Attached to the proposed 

order as Attachment A) to each 

purchaser describing the scientific 

evidence related to these products. Part 

VI prohibits respondent from providing 

any identifying information about her 

purchasers to anyone other than the 

Commission, another law enforcement 

agency, or as required by law. 

Parts VII through X of the proposed 

order require respondent to keep copies 

of relevant advertisements and materials 

that substantiate claims made in the 

advertisements; to provide copies of the 

order to certain of her employees; to 

notify the Commission of her affiliation 

with any new health-related business or 

employment; and to file compliance 

reports with the Commission. Part XI of 

the proposed order is a ‘‘sunset’’ 

provision, dictating that the order will 

terminate twenty years from the date it 

is issued or twenty years after a 

complaint is filed in federal court, by 

either the United States or the FTC, 

alleging any violation of the order. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It 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. E8–23327 Filed 10–2–08; 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Advisory Committee on Immunization 

Practices, (ACIP) 

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

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the following meeting of the 

aforementioned committee: 

Time and Date: 8 a.m.–6 p.m., 

October 22, 2008; 8 a.m.–5 p.m., 

October 23, 2008. 

Place: CDC, Tom Harkin Global 

Communications Center, 1600 Clifton 

Road, NE., Building 19, Kent ‘‘Oz’’ 

Nelson Auditorium, Atlanta, Georgia 

30333. 

Status: Open to the public, limited 

only by the space available. 

Purpose: The committee is charged 

with advising the Director, CDC, on the 

appropriate uses of immunizing agents. 

In addition, under 42 U.S.C. 1396s, the 

committee is mandated to establish and 

periodically review and, as appropriate, 

revise the list of vaccines for 

administration to vaccine-eligible 

children through the Vaccines for 

Children (VFC) program, along with 

schedules regarding the appropriate 

periodicity, dosage, and 

contraindications applicable to the 

vaccines. 

Matters to be Discussed: The agenda 

will include discussions on 

Pneumococcal Vaccines; Anthrax 

Vaccine; General Recommendations; 

Human Papillomavirus Vaccines; Adult 

Immunization Schedules; 2009 

Immunization Schedules for children 0– 

18 years of age; Hepatitis Vaccines; 

Japanese Encephalitis Vaccine; Rabies 

Vaccine Supply; Influenza; 

Immunization Safety Update; Vaccine 

Supply; Adolescent National 

Immunization Survey Results; Rotavirus 

Vaccines; MMRV Vaccine; and Tdap 

(Boostrix) in Adults. 

Agenda items are subject to change as 

priorities dictate. 

Contact Person for More Information: 

Antonette Hill, Immunization Services 

Division, National Center for 

Immunization and Respiratory Diseases, 

CDC, 1600 Clifton Road, NE., Mailstop 

(E–05), Atlanta, Georgia 30333, 

Telephone (404)639–8836, Fax 

(404)639–8905. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

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