[Federal Register Volume 64, Number 48 (Friday, March 12, 1999)]
[Notices]
[Pages 12338-12339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6120]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 9623147]
American College for Advancement in Medicine; Reopening the
Public Record to Extend the Period for Filing Public Comments on the
Proposed Consent Agreement
AGENCY: Federal Trade Commission.
ACTION: Reopening the public record for filing comments.
-----------------------------------------------------------------------
SUMMARY: On December 16, 1998, the Federal Trade Commission (``the
Commission'') published a notice of a proposed consent agreement with
the American College for Advancement in Medicine. The consent agreement
in this matter settles alleged violations of federal law prohibiting
unfair or deceptive acts or practices. The comment period expired on
February 16, 1999. In light of significant interest by the public, the
Commission has reopened the public record in this matter and extended
the comment period through March 31, 1999.
DATES: Comments must be received on or before March 31, 1999.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 600 Pennsylvania Avenue NW, Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Richard Cleland, FTC/S-4110, 601
Pennsylvania Avenue NW, Washington, DC 20580. (202) 326-3088.
SUPPLEMENTARY INFORMATION: On December 16, 1999, the Commission
published its proposed consent agreement with the American College for
Advancement in Medicine (``ACAM'') and invited the public to submit
comments on the agreement during a sixty day comment period that ended
on February 16, 1999. The agreement addressed alleged violations of
Section 5 and 12 of the Federal Trade Commission Act in connection with
ACAM-produced advertising and promotional materials that promoted the
use of EDTA chelation therapy for the treatment of atherosclerosis. The
Commission alleged in its accompanying complaint that some of the
claims contained in ACAM's materials were false and misleading. The
Commission received approximately seven hundred and fifty comments
during the public comment period. In light of the significant public
interest demonstrated by the large volume of comments received, the
Commission is reopening the public record for reception of comments to
be filed on or before March 31, 1999.
By the direction of the Commission, Commissioner Anthony
dissenting.
Donald S. Clark,
Secretary.
Dissenting Statement of Commissioner Sheila F. Anthony; American
College for Advancement of Medicine, F. 962-3147
This matter involves public health and safety, and the advertising
at issue potentially poses grave risk to individuals who may rely on
it. Therefore, I cannot agree to reopen and extend the public comment
period through the end of March, 1999, on the matter American College
for the Advancement of Medicine, File No. 962-3147. The sixty-day
public comment period closed on February 16, 1999, after proper notice
in the Federal Register, published by the Commission on December 16,
1998, and the Commission received over 600 comments within the
prescribed period.
The consent agreement between the Commission and American College
for the Advancement of Medicine (``ACAM''), a California corporation,
settles alleged violations of federal law prohibiting unfair or
deceptive acts or practices. ACAM has the burden of substantiating its
advertising claims that
[[Page 12339]]
chelation therapy is proven effective in treating diseases of the human
circulatory system, such as atherosclerosis, and it has not done so.
Under the terms of the consent agreement, ACAM is prohibited from
advertising that chelation therapy is an effective treatment for
atherosclerosis without possessing and relying upon competent and
reliable scientific evidence to support the representation. Should ACAM
possess such evidence, it would be allowed to make the challenged
claims.
The risk posed to individuals who rely on advertised medical
misrepresentations may be literally a matter of life or death,
particularly if the advertisements cause those individuals who need
urgent medical care to forego proven treatments. Although I value
public comment, I do not believe we should delay further the timely
issuance of the Commission's final order accepting the consent
agreement, especially on this public health and safety matter.\1\
---------------------------------------------------------------------------
\1\ I recognize that the Commission, in the past, extended
comment periods. I am unaware of such an extension being granted in
a matter involving public health or safety.
---------------------------------------------------------------------------
For these reasons, I must vote against reopening and extending the
public comment period.
Separate Statement of Commissioner Orson Swindle in American
College for Advancement of Medicine, File No. 962-3147
I want to emphasize one of my reasons for voting to extend the
public comment period in this matter until March 31, 1999. Commissioner
Anthony describes this extension as implicating health and safety
issues that may be a matter of ``life or death,'' but I do not share
her dire assessment of the prospect for consumer injury. The respondent
has not disseminated materials with the allegedly deceptive claims for
several months, including during the sixty-day public comment period
that ended on February 16, 1999. The respondent also have revised its
materials to eliminate the allegedly deceptive claims. Given that the
respondent did not disseminate the allegedly deceptive claims during
the sixty-day public comment period and has revised its materials, the
respondent is unlikely to make its allegedly deceptive claims during
the extended public comment period. In light of this, the suggested
``life or death'' consequences seem unlikely results of an extension.
[FR Doc. 99-6120 Filed 3-11-99; 8:45 am]
BILLING CODE 6750-01-M
