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

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 

mstockstill on PROD1PC66 with NOTICES