[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Notices]
[Pages 36291-36292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17562]


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FEDERAL TRADE COMMISSION

[File No. 972-3032]


Efficient Labs, Inc.; Blas Reyes-Reyes; 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 or 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 September 5, 1997.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, 
Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:
Jeffrey Klurfeld, Federal Trade Commission, San Francisco Regional 
Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415) 
356-5270.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46, and Section 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 accompanying complaint. An electronic copy of the 
full text of the consent agreement package can be obtained from the 
Commission Actions section of the FTC Home Page (for June 26, 1997), on 
the World Wide Web, at ``http://www.ftc.gov/os/actions/htm.'' A paper 
copy can be obtained from the FTC Public Reference Room, Room H-130, 
Sixth Street and Pennsylvania Avenue, NW., Washington, DC 20580, either 
in person or by calling (202) 326-3627. Public comment is invited. 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 an agreement to a 
proposed consent order from Efficient Labs, Inc. and Blas Reyes-Reyes.
    The proposed consent order has been placed on the public record for 
sixty (60) days for receipt 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 comments received and will decide whether it should withdraw

[[Page 36292]]

from the agreement or make final the agreement's proposed order.
    The Commission's complaint alleges that the proposed respondents 
made the following unsubstantiated representations about Venoflash; it 
removes dangerous clogs in the circulatory system; it treats the 
symptoms of varicose veins; and it treats the symptoms of hemorrhoids.
    The proposed order contains provisions designed to remedy the 
violations charged and to prevent proposed respondents from engaging in 
similar acts in the future.
    Paragraph I of the proposed order prohibits proposed respondents 
from representing that Venoflash or any other product removes dangerous 
clogs in the circulatory system; treats the symptoms of varicose veins; 
and treats the symptoms of hemorrhoids, unless, at the time the 
representation is made, respondents possess and rely upon competent and 
reliable scientific evidence that substantiates the representation.
    Paragraph II of the proposed order prohibits respondents from 
making any representation about the health benefits, performance, 
safety, or efficacy of Venoflash, or any food, dietary supplement, or 
drug, promoted or used to treat conditions or illnesses related to the 
circulatory system, unless, at the time the representation is made, 
proposed respondents possess and rely upon competent and reliable 
scientific evidence that substantiates the representation.
    Paragraph III of the proposed order provides that nothing in this 
order shall prohibit proposed respondents from making any 
representation for any product permitted by the Food and Drug 
Administration. Paragraph IV of the proposed order provides that 
nothing in this order shall prohibit proposed respondents from making 
any representation for any drug permitted by the Food and Drug 
Administration.
    Paragraph V of the proposed order requires the proposed respondents 
to keep and maintain all advertisements and promotional materials 
containing any representation, and all materials that were relied upon 
in disseminating the representations, covered by the proposed order. 
Additionally, Paragraph VI requires distribution of a copy of the 
consent order to current and future officers and agents. Further, 
Paragraph VII provides for Commission notification upon a change in the 
corporate respondent, and Paragraph VIII requires Commission 
notification when the individual respondent changes his present 
business or employment. Paragraph IX requires proposed respondents to 
file compliance reports with the Commission.
    Lastly, Paragraph X provides for the termination of the order 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.
Benjamin Berman,
Acting Secretary.
[FR Doc. 97-17562 Filed 7-3-97; 8:45 am]
BILLING CODE 6750-01-M