Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 31443 

and should be mailed or delivered to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H-135 (Annex D), 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580. 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. 

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: 

Janet Evans, Bureau of Consumer 

Protection, 600 Pennsylvania Avenue, 

NW, Washington, DC 20580, (202) 326- 

3112. 

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 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 June 10, 2009), on the 

World Wide Web, at (http:// 

www.ftc.gov/os/actions.shtm). A paper 

copy can be obtained from the FTC 

Public Reference Room, Room 130-H, 

600 Pennsylvania Avenue, NW, 

Washington, DC 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 

Constellation Brands, Inc. (‘‘the 

company’’). 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 alleged 

unsubstantiated claims made in 

advertising for the beverage alcohol 

product Wide Eye schnapps, introduced 

by the company in 2007. Wide Eye 

contains 30% alcohol by volume plus 

caffeine. The company promoted Wide 

Eye through Internet advertising, 

including web video and print ads. 

Among other things, the company made 

the following claims about Wide Eye: 

‘‘Wake up @ WideEye.com,’’ ‘‘I am your 

wake up call,’’ ‘‘Wakes up sweet, then 

goes off like an alarm,’’ and ‘‘When you 

party with the world’s first caffeinated 

schnapps it’ll seem like the rest of the 

world is sleepwalking through life.’’ 

According to the FTC complaint, the 

company represented, expressly or by 

implication, that consumers who drink 

Wide Eye will remain alert when 

consuming alcohol. The complaint 

alleges that the company did not 

possess and rely upon a reasonable basis 

that substantiated the representation at 

the time it was made. Therefore, the 

representation was, and is, false and 

misleading. 

The proposed consent order contains 

provisions designed to prevent the 

company from engaging in similar acts 

and practices in the future. Part I of the 

proposed consent order prohibits the 

company, in connection with the 

advertising, sale, or distribution of Wide 

Eye or any other beverage alcohol 

product containing caffeine, ginseng, 

taurine, guarana, or any stimulant, from 

representing, expressly or by 

implication, including through the use 

of a product name or endorsement, that 

consumers who drink such a product 

will remain alert when consuming 

alcohol unless that representation is 

true, non-misleading, and, at the time it 

is made, the company possesses and 

relies upon competent and reliable 

scientific evidence that substantiates the 

representation. Part II of the consent 

order further prevents the company 

from representing, expressly or by 

implication, including through the use 

of a product name or endorsement, that 

any beverage alcohol product or any 

ingredient therein will counteract the 

effects of alcohol consumption, unless 

that representation is true, nonmisleading, and, at the time it is made, 

the company possesses and relies upon 

competent and reliable scientific 

evidence that substantiates the 

representation. 

Parts III through VI of the consent 

order require the company to keep 

copies of relevant advertisements and 

promotional materials, to provide copies 

of the order to certain of its personnel, 

to notify the Commission of changes in 

corporate structure, and to file 

compliance reports with the 

Commission. Part VII provides that the 

order will terminate after twenty (20) 

years with certain exceptions. 

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. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–15462 Filed 6–30–09: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; HIT 

Standards Committee Advisory 

Meeting; Notice of Meeting 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology, HHS. 

ACTION: Notice of meeting. 

This notice announces a forthcoming 

meeting of a public advisory committee 

of the Office of the National Coordinator 

for Health Information Technology 

(ONC). The meeting will be open to the 

public. 

Name of Committee: HIT Standards 

Committee. 

General Function of the Committee: to 

provide recommendations to the National 

Coordinator on standards, implementation 

31444 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 

specifications, and certification criteria for 

the electronic exchange and use of health 

information for purposes of adoption, 

consistent with the implementation of the 

Federal Health IT Strategic Plan, and in 

accordance with policies developed by the 

HIT Policy Committee. 

Date and Time: The meeting will be held 

on July 21, 2009, from 9 a.m. to 3 p.m./ 

Eastern Time. 

Location: The Holiday Inn Washington 

Capitol, 550 C Street, SW., Washington, DC. 

The hotel telephone number is 202–479– 

9400. 

Contact Person: Judy Sparrow, Office of the 

National Coordinator, HHS, 330 C Street, 

SW., Washington, DC 20201, 202–205–4528, 

Fax: 202–690–6079, e-mail: 

judy.sparrow@hhs.gov. Please call the contact 

person for up-to-date information on this 

meeting. A notice in the Federal Register 

about last minute modifications that impact 

a previously announced advisory committee 

meeting cannot always be published quickly 

enough to provide timely notice. 

Agenda: The committee will discuss the 

certification process. ONC intends to make 

background material available to the public 

no later than two (2) business days prior to 

the meeting. If ONC is unable to post the 

background material on its Web site prior to 

the meeting, it will be made publicly 

available at the location of the advisory 

committee meeting, and the background 

material will be posted on ONC’s Web site 

after the meeting, at http://healthit.hhs.gov. 

Procedure: Interested persons may present 

date, information, or views, orally or in 

writing, on issues pending before the 

committee. Written submissions may be 

made to the contact person on or before July 

13, 2009. Oral comments from the public will 

be scheduled between approximately 2:30 

p.m. to 3 p.m. Time allotted for each 

presentation may be limited. If the number of 

speakers requesting to comment is greater 

than can be reasonably accommodated 

during the scheduled open public hearing 

session, ONC will take written comments 

after the meeting until close of business. 

Persons attending ONC’s advisory 

committee meetings are advised that the 

agency is not responsible for providing 

access to electrical outlets. 

ONC welcomes the attendance of the 

public at its advisory committee meetings. 

Seating is limited at the location, and ONC 

will make every effort to accommodate 

persons with physical disabilities or special 

needs. If you require special accommodations 

due to a disability, please contact Judy 

Sparrow at least seven (7) days in advance of 

the meeting. 

ONC is committed to the orderly conduct 

of its advisory committee meetings. Please 

visit our Web site at http://healthit.hhs.gov 

for procedures on public conduct during 

advisory committee meetings. 

Notice of this meeting is given under the 

Federal Advisory Committee Act (Pub. L. No. 

92–463, 5 U.S.C., App. 2). 

Dated: June 26, 2009. 

Judith Sparrow, 

Office of Programs and Coordination, Office 

of the National Coordinator for Health 

Information Technology. 

[FR Doc. E9–15544 Filed 6–30–09; 8:45 am] 

BILLING CODE 4150–45–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; HIT 

Policy Committee’s Certification/ 

Adoption Workgroup Meeting; Notice 

of Meeting 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology, HHS. 

ACTION: Notice of meeting. 

This notice announces a forthcoming 

subcommittee meeting of a Federal 

advisory committee of the Office of the 

National Coordinator for Health 

Information Technology (ONC). The 

meeting will be open to the public. 

Name of Committee: HIT Policy 

Committee’s Certification/Adoption 

Workgroup. 

General Function of the Committee: to 

provide recommendations to the National 

Coordinator on a policy framework for the 

development and adoption of a nationwide 

health information technology infrastructure 

that permits the electronic exchange and use 

of health information as is consistent with 

the Federal Health IT Strategic Plan and that 

includes recommendations on the areas in 

which standards, implementation 

specifications, and certification criteria are 

needed. The Certification/Adoption 

Workgroup is charged with making 

recommendations to the HIT Policy 

Committee on issues related to the adoption 

of certified electronic health records, that 

support meaningful use, including issues 

related to certification, health information 

extension centers and workforce training. 

Date and Time: The meeting will be held 

on July 14, 2009, from 9 a.m. to 4 p.m./ 

Eastern Time, and July 15, 2009, from 9 a.m. 

to 10 a.m./Eastern Time. 

Location: The Park Hyatt Washington 

Hotel, 24th and M Streets, NW., Washington, 

DC. The hotel telephone number is 202–789– 

1234. The meeting will be available via Web 

cast; visit http://healthit.hhs.gov for 

instructions on how to listen via telephone 

or Web. 

Contact Person: Judy Sparrow, Office of the 

National Coordinator, HHS, 330 C Street, 

SW., Washington, DC 20201, 202–205–4528, 

Fax: 202–690–6079, e-mail: 

judy.sparrow@hhs.gov. Please call the contact 

person for up-to-date information on this 

meeting. A notice in the Federal Register 

about last minute modifications that impact 

a previously announced advisory committee 

meeting cannot always be published quickly 

enough to provide timely notice. 

Agenda: The committee will be hearing 

testimony from stakeholder groups, such as 

purchasers, vendors, and users, on the 

certification process. ONC intends to make 

background material available to the public 

no later than two (2) business days prior to 

the meeting. If ONC is unable to post the 

background material on its Web site prior to 

the meeting, it will be made publicly 

available at the location of the advisory 

committee meeting, and the background 

material will be posted on ONC’s Web site 

after the meeting, at http://healthit.hhs.gov. 

The meeting will be available via webcast; 

visit 

http://healthit.hhs.gov for instructions on 

how to listen via telephone or Web. 

Procedure: Interested persons may present 

data, information, or views, orally or in 

writing, on issues pending before the 

committee. Written submissions may be 

made to the contact person on or before July 

6, 2009. Oral comments from the public will 

be scheduled between approximately 3 p.m. 

to 4 p.m. on Tuesday, and 10 and 10:15 a.m. 

on Wednesday. Time allotted for each 

presentation may be limited. If the number of 

speakers requesting to comment is greater 

than can be reasonably accommodated 

during the scheduled open public hearing 

session, ONC will take written comments 

after the meeting until close of business on 

that day. 

Persons attending Committee meetings are 

advised that the agency is not responsible for 

providing access to electrical outlets. 

ONC welcomes the attendance of the 

public at its advisory committee meetings. 

Seating is limited at the location, and ONC 

will make every effort to accommodate 

persons with physical disabilities or special 

needs. If you require special accommodations 

due to a disability, please contact Judy 

Sparrow at least seven (7) days in advance of 

the meeting. 

ONC is committed to the orderly conduct 

of its advisory committee meetings. Please 

visit our Web site at http://healthit.hhs.gov 

for procedures on public conduct during 

advisory committee meetings. 

Notice of this meeting is given under the 

Federal Advisory Committee Act (Pub. L. 92– 

463, 5 U.S.C., App. 2). 

Dated: June 26, 2009. 

Judith Sparrow, 

Office of Programs and Coordination, Office 

of the National Coordinator for Health 

Information Technology. 

[FR Doc. E9–15547 Filed 6–30–09; 8:45 am] 

BILLING CODE 4150–45–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; HIT 

Policy Committee Advisory Meeting; 

Notice of Meeting 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology, HHS. 

ACTION: Notice of meeting.