[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Notices]
[Pages 43592-43593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16482]


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FEDERAL TRADE COMMISSION

[File No. 042 3002]


Jonathan Barash; 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 July 30, 2004.

ADDRESSES: Comments should refer to ``Jonathan Barash, File No. 042 
3002,'' to facilitate the organization of comments. A comment filed in 
paper form should include this reference both in the text and on the 
envelope, and should be mailed or delivered to the following address: 
Federal Trade Commission/Office of the Secretary, Room H-159, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material must be filed in paper form, as explained in the 
Supplementary Information section. The FTC is requesting that any 
comment filed in paper form be sent by courier or overnight service, if 
possible, because U.S. postal mail in the Washington area and at the 
Commission is subject to delay due to heightened security precautions. 
Comments filed in electronic form (except comments containing any 
confidential material) should be sent to the following email box: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Richard Cleland or Janet Evans, FTC, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580, (202) 326-3088 or (202) 326-2125.

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 June 16, 2004), on the World Wide Web, at ``http://www.ftc.gov/os/adjpro/d9317/index.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) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. Written comments must be submitted 
on or before July 30, 2004. Comments should refer to ``Jonathan Barash, 
File No. 042 3002,'' to facilitate the organization of comments. A 
comment filed in paper form should include this reference both in the 
text and on the envelope, and should be mailed or delivered to the 
following address: Federal Trade Commission/Office of the Secretary, 
Room H-159, 600 Pennsylvania Avenue, NW., Washington, DC 20580. If the 
comment contains any material for which confidential treatment is 
requested, it must be filed in paper (rather than electronic) form, and 
the first page of the document must be clearly labeled 
``Confidential.'' \1\ The FTC is requesting that any comment filed in 
paper form be sent by courier or overnight service, if possible, 
because U.S. postal mail in the Washington area and at the Commission 
is subject to delay due to heightened security precautions. Comments 
filed in electronic form should be sent to the following e-mail box: 
[email protected].
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    \1\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
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    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at www.ftc.gov. As a matter of discretion, the FTC makes 
every effort to remove home contact information for individuals from 
the public comments it receives before placing those comments on the 
FTC Web site. More information, including routine uses permitted by the 
Privacy Act, may be found in the FTC's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from Jonathan Barash 
(``proposed respondent''). Proposed respondent collaborated with others 
in the marketing of a purported children's weight loss product called 
``Pedia Loss,'' and a purported female libido enhancer called 
``Fabulously Feminine.''
    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 review the 
agreement in light of any 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.
    The Commission's complaint charges that advertising for Pedia Loss 
made unsubstantiated claims that (1) Pedia Loss causes weight loss in 
overweight or obese children ages 6 and over, and (2) when taken by 
overweight or obese children ages 6 and over, Pedia Loss causes weight 
loss by suppressing appetite, increasing fat burning, and slowing 
carbohydrate absorption. The Commission's complaint also charges that 
advertising for Fabulously Feminine falsely represented that clinical 
testing proves that Fabulously Feminine enhances a woman's satisfaction 
with her sex life and level of sexual desire. In addition, the 
complaint challenges the unsubstantiated claim that Fabulously Feminine 
will increase a woman's libido, sexual desire, and sexual satisfaction 
by stimulating blood flow and increasing sensitivity.
    Part I A of the proposed order pertains to Pedia Loss. It requires 
that proposed respondent possess and rely on competent and reliable 
scientific evidence to support claims that Pedia Loss or any other 
covered product or service causes weight loss, suppresses

[[Page 43593]]

appetite, increases fat burning, or slows carbohydrate absorption; 
causes weight loss in overweight or obese children ages 6 and over; or 
causes weight loss by suppressing appetite, increasing fat burning, or 
slowing carbohydrate absorption, when taken by overweight or obese 
children ages 6 and over. Part IB of the order pertains to Fabulously 
Feminine. It requires that proposed respondent possess and rely on 
competent and reliable scientific evidence to support claims that 
Fabulously Feminine or any other covered product or service will 
increase a woman's libido, sexual desire, or sexual satisfaction.
    Part II of the proposed order requires that proposed respondent 
possess and rely on competent and reliable scientific evidence to 
support benefits, performance, or efficacy claims for covered products 
or services defined as any dietary supplement, food, drug, or device, 
and any health-related service or program promoting weight loss or 
sexual enhancement.
    Part III of the proposed order prohibits proposed respondent from 
misrepresenting the existence, contents, validity, results, 
conclusions, or interpretations of any test or studies. Part IV of the 
proposed order permits proposed respondent to make certain claims for 
drugs or dietary supplements 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 proposed respondent maintain advertising and any materials relied 
upon as substantiation for any representation covered by substantiation 
requirements under the order; distribute copies of the order to certain 
company officials and employees; and file one or more reports detailing 
his compliance with the order. Part IX 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.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 04-16482 Filed 7-20-04; 8:45 am]
BILLING CODE 6750-01-P