[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