[Federal Register Volume 67, Number 218 (Tuesday, November 12, 2002)]
[Notices]
[Pages 68673-68674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28649]


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FEDERAL TRADE COMMISSION

[File No. 002 3211]


Robert M. Currier; 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 November 21, 2002.

ADDRESSES: Comments filed in paper form should be directed to: FTC/
Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580. Comments filed in electronic form should be 
directed to: [email protected], as prescribed below.

FOR FURTHER INFORMATION CONTACT: James Dolan or Lemuel Dowdy, FTC, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580, (202) 326-3292 or 326-2981.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), 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 thirty (30) 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 5, 2002), on the World Wide Web, at http://www.ftc.gov/os/2002/11/index.htm. A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, 
DC 20580, either in person or by calling (202) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. Comments filed in paper form should 
be directed to: FTC/Office of the Secretary, Room 159-H, 600 
Pennsylvania Avenue, NW., Washington, D.C. 20580. If a comment contains 
nonpublic information, it must be filed in paper form, and the first 
page of the document must be clearly labeled ``confidential.'' Comments 
that do not contain any nonpublic information may instead be filed in 
electronic form (in ASCII format, WordPerfect, or Microsoft Word) as 
part of or as an attachment to email messages directed to the following 
email box: [email protected]. Such comments 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, subject to 
final approval, to a proposed consent order from Dr. Robert M. Currier 
( the ``proposed respondent''). This matter concerns claims Dr. Currier 
made infomercials for a purported anti-snoring product called SNORenz.
    The proposed consent order has been placed on the public record for 
thirty (30) days for reception of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) days, the Commission will again review the 
agreement and the comments received and will decide whether it should 
withdraw from the agreement and take other appropriate action or make 
final the agreement's proposed order.
    SNORenz is a dietary supplement consisting of oils and vitamins 
that is sprayed on the back of the throat of persons who snore. The 
Commission's complaint charges that Dr. Currier failed to have a 
reasonable basis for claims, which he made in infomercials for SNORenz, 
about the product's efficacy in (1) reducing or eliminating snoring or 
the sounds of snoring, (2) reducing or eliminating snoring or the 
sounds of snoring for six to eight hours, and (3)

[[Page 68674]]

treating the symptoms of sleep apnea. Dr. Currier is also charged with 
making false claims that clinical proof establishes the efficacy of 
SNORenz. Further, the complaint alleges that the proposed respondent 
failed to disclose that the product is not intended to treat sleep 
apnea; that sleep apnea is a potentially life-threatening disorder 
characterized by loud snoring, frequent interruptions of sleep, and 
daytime tiredness; and that persons experiencing those symptoms should 
seek medical attention. In addition, the complaint alleges that, when 
Dr. Currier made claims about SNORenz' efficacy, he failed to have a 
reasonable basis for such claims consisting of an actual exercise of 
his represented expertise in the causes and treatment for snoring. 
Finally, the complaint alleges that the proposed respondent failed to 
disclose adequately that a material connection existed between himself 
and the product's manufacturer and marketer, Med Gen, Inc.
    Part I of the consent order requires that Dr. Currier possess 
competent and reliable scientific evidence to substantiate 
representations that SNORenz or any other food, drug, or dietary 
supplement reduces or eliminates snoring or the sound of snoring; 
reduces or eliminates snoring or the sound of snoring for any specified 
period of time through a single application; or eliminates, reduces or 
mitigates the symptoms of sleep apnea. It also requires that Dr. 
Currier, when acting as an expert endorser, actually exercise his 
represented expertise in the form of an examination or testing at least 
as extensive as an expert in the field would normally conduct.
    Part II of the order requires that, for any product Dr. Currier 
advertises that has not been shown to be effective in the treatment of 
sleep apnea, he must affirmatively disclose, whenever the advertisement 
represents that the product is effective in reducing or eliminating 
snoring or the sounds of snoring, a warning statement about sleep apnea 
and the need for physician consultation.
    Part III of the order requires proposed respondent to substantiate 
any representation about the benefits, performance, efficacy, or safety 
of SNORenz or any other product, service or program. If Dr. Currier 
makes such representations as an expert endorser, he must possess 
substantiation in the form of an examination or testing at least as 
extensive as an expert in the field would normally conduct. Part IV 
prohibits false claims about scientific support for any product, 
service, or program. Part V requires that Dr. Currier disclose any 
material connection between himself and any product, program or service 
he endorses. Parts VI and VII of the proposed order permit proposed 
respondent to make certain claims for drugs or dietary supplements, 
respectively, that are permitted in labeling under laws and/or 
regulations administered by the U.S. Food and Drug Administration.
    The remainder of the proposed order contains standard requirements 
that respondent maintain advertising and any materials relied upon as 
substantiation for any representation covered by substantiation 
requirements under the order, notify the Commission of any change in 
his employment, and file one or more reports detailing its compliance 
with the order. Part XI of the proposed order is a provision whereby 
the order, absent certain circumstances, terminates twenty years from 
the date of issuance.
    The purpose of this analysis is to facilitate public comment on the 
proposed order, and is not intended to constitute an official 
interpretation of the agreement and proposed order or to modify in any 
way their terms.
    This proposed order, if issued in final form, will resolve the 
claims alleged in the complaint against the named respondent. It is not 
the Commission's intent that acceptance of this consent agreement and 
issuance of a final decision and order will release any claims against 
any unnamed persons or entities associated with the conduct described 
in the complaint.

    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 02-28649 Filed 11-8-02; 8:45 am]
BILLING CODE 6750-01-P