[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Notices]
[Pages 66918-66919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31055]
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FEDERAL TRADE COMMISSION
[File No. 982 3152]
Quigley Corporation; Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices of unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint that accompanies the consent agreement 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 January 31, 2000.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 600 Pennsylvania Ave., NW, Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Daniel Kaufman or Michelle Rusk, FTC/
S-4002, 600 Pennsylvania Ave., NW, Washington, DC 20580. (202) 326-2888
or 326-3148.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Sec. 2.34 of the
Commission's 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 sixty (60) 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 November 23, 1999), on the World Wide Web, at ``http://
www.ftc.gov/os/actions97.htm.'' A paper copy can be obtained from the
FTC Public Reference Room, Room H-130, 600 Pennsylvania Avenue, NW,
Washington, DC 20580, either in person or by calling (202) 326-3627.
Public comment is invited. Comments should be directed to: FTC/
Office of the Secretary, Room 159, 600 Pennsylvania Ave., NW,
Washington, DC 20580. Two paper copies of each comment should be filed,
and should be accompanied, if possible, by a 3\1/2\ inch diskette
containing an electronic copy of the comment. Such comments or views
will be considered by the Commission and will be available for
inspection and copying at its principal office in accordance with
Section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR
4.9(b)(6)(ii)).
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted, subject to final
approval, an agreement containing consent order from respondent the
Quigley Corporation (``Quigley'').
The proposed consent order has been placed on the public record for
sixty (60) days for reception of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) 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 deceptive representations for Cold-
Eeze Zinc Lozenges and Cold-Eezer Plus Zinc Gluconate Lozenges
(hereinafter, collectively ``Cold-Eeze'') and Kids-Eeze Bubble Gum
(``Kids-Eeze'').
The Commission's proposed complaint alleges that Quigley made
unsubstantiated representations that Cold-Eeze will prevent users from
contracting colds and pneumonia; will treat allergies; will reduce the
severity of colds in children; and that Kids-Eeze will reduce the
severity of cold symptoms in children.
The proposed consent order contains provisions designed to prevent
respondent from engaging in similar acts and practices in the future.
Part I of the proposed order prohibits the respondent from making
the representations about Cold-Eeze and Kids-Eeze challenged in the
complaint, unless it possesses and relies upon competent and reliable
scientific evidence that substantiates the representation.
Part II of the proposed order prohibits respondent from making any
representation that any food, drug, or dietary supplement can or will
cure, treat or prevent any disease, or have any effect on the structure
or function of the human body, unless it possesses and relies upon
competent and reliable scientific evidence that substantiates the
representation.
[[Page 66919]]
Part III of the proposed order allows the respondent to make any
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.
Part IV of the proposed order allows the respondent to make
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.
Parts V through VIII require the respondent to keep copies of
advertisements making representations covered by the order; to keep
records concerning those representations, including material that they
relied upon when making the representations; to provide copies of the
order to certain of the respondents' personnel; to notify the
Commission of changes in corporate structure; and to file compliance
reports with the Commission.
Part IX 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, but 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. 99-31055 Filed 11-29-99; 8:45 am]
BILLING CODE 6750-01-M
