Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 57625 

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). 

Those attendees needing such assistance 

should call (703) 562–6067 (Voice or 

TTY), to make necessary arrangements. 

Requests for further information 

concerning the meeting may be directed 

to Mr. Robert E. Feldman, Executive 

Secretary of the Corporation, at (202) 

898–7043. 

Dated: September 30, 2008. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E8–23494 Filed 10–2–08; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than October 

20, 2008. 

A. Federal Reserve Bank of Atlanta 

(Steve Foley, Vice President) 1000 

Peachtree Street, N.E., Atlanta, Georgia 

30309: 

1. Mark Allen Conner, Canton, 

Georgia, to acquire additional voting 

shares of FirstCity Bancorp, Inc., and 

thereby indirectly acquire additional 

voting shares of FirstCity Bank, both of 

Stockbridge, Georgia. 

2. James C. Jones, Waycross, Georgia; 

Patrick C. Jones and Carole C. Jones, 

both of Blackshear, Georgia; to retain 

voting shares of Jones Bancshares, LP, 

and thereby indirectly retain voting 

shares of Primesouth Bank, both of 

Blackshear, Georgia. 

Board of Governors of the Federal Reserve 

System, September 30, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–23383 Filed 10–2–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Additional information on all bank 

holding companies may be obtained 

from the National Information Center 

website at www.ffiec.gov/nic/. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than October 30, 

2008. 

A. Federal Reserve Bank of 

Richmond (A. Linwood Gill, III, Vice 

President) 701 East Byrd Street, 

Richmond, Virginia 23261–4528: 

1. CapGen Capital Group II LLC, and 

CapGen Capital Group II LP, both of 

New York, New York, to become bank 

holding companies by acquiring 12.4 

percent of the voting shares of PacWest 

Bancorp, and thereby indirectly acquire 

voting shares of Pacific Western Bank, 

both of San Diego, California. 

B. Federal Reserve Bank of Chicago 

(Burl Thornton, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690–1414: 

1. First Community Financial 

Partners, Inc., Joliet, Illinois, to acquire 

at least 50 percent of the voting shares 

of First Community Bank of Homer Glen 

& Lockport (in organization), Homer 

Glen, Illinois. 

Board of Governors of the Federal Reserve 

System, September 30, 2008. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E8–23382 Filed 10–2–08; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3095] 

Bioque Technologies, Inc., et al.; 

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 ‘‘Bioque 

Technologies, File No. 082 3095,’’ 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 webmstockstill on PROD1PC66 with NOTICES

57626 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

based form at (http:// 

secure.commentworks.com/ftcBioqueTechnologies). 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 

(‘‘FTC’’ or ‘‘Commission’’) has accepted, 

subject to final approval, an agreement 

containing a consent order from Bioque 

Technologies, Inc., Vittorio A. Bonomo, 

and Christine A. Guilman (together, 

‘‘Respondents’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for receipt 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 involves the advertising 

and promotion of Serum GV, a topical 

serum that, according to its label, 

contains, among other ingredients, 

extract of annona muricata, also known 

as graviola, derived from the soursop or 

guanabana tree. According to the FTC 

complaint, Respondents represented 

that Serum GV is an effective treatment 

for skin cancer, including melanoma, 

and that it prevents melanoma. The 

complaint alleges that Respondents 

failed to have substantiation for these 

claims. Also according to the FTC 

complaint, Respondents represented 

that Serum GV is recognized by the 

medical profession as an effective 

treatment for skin cancer and that it is 

clinically proven to prevent or treat 

melanoma. The complaint alleges that 

these claims are false and misleading 

because Serum GV is not recognized by 

the medical profession as an effective 

treatment for skin cancer and is not 

clinically proven to prevent or treat 

melanoma. The proposed consent order 

contains provisions designed to prevent 

Respondents from engaging in similar 

acts and practices in the future. 

Part I of the proposed order requires 

Respondents to have competent and 

reliable scientific evidence 

substantiating any claims that a covered 

product or service is an effective 

treatment for skin cancer, including 

melanoma; prevents melanoma; is 

recognized by the medical profession as 

an effective treatment for skin cancer; or 

is clinically proven to prevent or treat 

melanoma. The provision further 

requires that such claims be true and 

non-misleading. A ‘‘covered product or 

service’’ is defined in the order as ‘‘any 

health-related service or program; or any 

food, dietary supplement, device, or 

drug, including, but not limited to, 

Serum GV.’’ 

Part II of the proposed order requires 

the Proposed Respondents to possess 

competent and reliable scientific 

evidence for any claims about the 

absolute or comparative benefits, 

performance, efficacy, safety, or side 

effects of any covered product or 

service. The claims also must be truthful 

and non-misleading. 

Part III of the proposed order 

prohibits Respondents from making 

future misrepresentations about the 

existence, contents, validity, results, 

conclusions, or interpretations of any 

test or study. 

Part IV of the proposed order provides 

that the order does not prohibit 

Respondents from making 

representations for any drug that are 

permitted in labeling for the drug under 

any tentative final 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 issues by the 

FDA under the Nutrition Labeling and 

Education Act of 1990. 

Part V of the proposed order requires 

Respondents to provide the FTC with a 

list of all consumers that they know 

purchased Serum GV and prohibits 

Respondents from using or disclosing 

the consumer information, except to a 

law enforcement agency or as required 

by law. 

Part VI of the proposed order requires 

Respondents to send to the consumers 

identified in Part V a notification letter 

drafted by the FTC to inform them about 

the consent agreement. 

Part VII of the proposed order 

provides for the payment of $9,035.85, 

the full amount of sales of the product, 

to the Commission. 

Parts VIII through XII of the proposed 

order require Respondents to keep 

copies of relevant advertisements and 

materials substantiating claims made in 

the advertisements; to provide copies of 

the order to certain of their personnel; 

to notify the Commission of changes in 

corporate structure (for the corporate 

respondent) and changes in 

employment (for the individual 

respondents) that might affect 

compliance obligations under the order; 

and to file compliance reports with the 

Commission. Part XIII provides that the 

order will terminate after twenty (20) 

years under certain circumstances. 

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. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 57627 

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). 

By direction of the Commission. 

Donald S. Clark 

Secretary 

[FR Doc. E8–23328 Filed 10–2–08; 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 082 3116] 

Daryl C. Jenks, d/b/a Premium Essiac 

Tea 4less; 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 ‘‘Daryl C. 

Jenks, File No. 082 3116,’’ 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/ftcDarylCJenks). 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 Daryl C. Jenks, individually, and 

d/b/a Premium Essiac Tea 4less 

(‘‘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 ths period will become par of the 

public record. Afer 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 a product known as 

Premium Essiac Tea, a powder for mag 

a tea beverage that, according to its 

label, contains. burdock root, rhubarb 

root, sheep sorrel, slippery elm, 

watercress, blessed thistle, red clover, 

and kelp. 

The Commission’s complaint charges 

that respondent claimed that Premium 

Essiac Tea was effective to treat, prevent 

or cure cancer and other serious 

diseases. The complaint alleges that 

respondent did not have a reasonable 

basis for ths claim. The complaint also 

charges that respondent claimed that 

Premium Essiac Tea was clinically 

proven to be superior to other types of 

essiac tea. The complaint alleges that 

ths claim was false. 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 

any covered product or service is 

effective in the treatment, cure or 

prevention of any disease or condition, 

or is superior to other similar products 

or services. A ‘‘covered product or 

service’’ is defined as any food, dietary 

supplement or drug, including, but not 

limited to any essiac tea product; or any 

health-related 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 truth and supported by 

competent and reliable scientific 

evidence. 

Part III of the consent order prohibits 

the misrepresentation of the results of 

any test, study or research in connection 

with the advertising, promotion or sale 

of any covered product or service. 

mstockstill on PROD1PC66 with NOTICES