[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]


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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.

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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\
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    \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.
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    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