[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Pages 45066-45067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17156]


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FEDERAL TRADE COMMISSION

[File No. 032 3052]


Nutramax Laboratories, Inc.; 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 August 12, 2004.

ADDRESSES: Comments should refer to ``Nutramax Laboratories, Inc., File 
No. 032 3052,'' 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 e-mail box: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Shira Modell, FTC, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 
326-3116.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), 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 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 July 13, 2004), on the World Wide Web, at http://www.ftc.gov/os/2004/07/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. Written comments must be submitted 
on or before August 12, 2004. Comments should refer to ``Nutramax 
Laboratories, Inc., File No. 032 3052,'' 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

[[Page 45067]]

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 Nutramax 
Laboratories, Inc. (``Nutramax'').
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt 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 or make final the agreement's proposed 
order.
    This matter involves the advertising and promotion of Senior 
Moment, a dietary supplement containing cerebral phospholipids and 
docosahexaenoic acid (DHA). According to the FTC complaint, Nutramax 
represented that Senior Moment prevents memory loss and restores lost 
memory function in adults of all ages. The complaint alleges that the 
company failed to have substantiation for these claims. It further 
alleges that Nutramax falsely represented that scientific studies prove 
that Senior Moment restores lost memory function in adults of all ages.
    The proposed consent order contains provisions designed to prevent 
Nutramax from engaging in similar acts and practices in the future.
    Part I of the order requires Nutramax to have competent and 
reliable scientific evidence substantiating any claims that Senior 
Moment or any substantially similar product prevents memory loss or 
restores lost memory function.
    Part II requires Nutramax to have competent and reliable scientific 
evidence substantiating any claims about the benefits, performance or 
efficacy of any food, drug, dietary supplement, device or service sold 
for human use or consumption for cognitive functions or processes, or 
the treatment, cure, mitigation, alleviation of the symptoms, 
prevention, or reduction in the risk of any related disease or 
disorder. Although the order does not prohibit the trade name ``Senior 
Moment,'' it does require the respondent to have competent and reliable 
scientific evidence to substantiate any covered claims conveyed 
directly or by implication through the use of the product name.
    Part III prohibits any misrepresentation of the existence, 
contents, validity, results, conclusions, or interpretations of any 
test or study, in connection with the marketing or sale of any product 
or program for human cognitive function or processes.
    Part IV permits any representation for any product that is 
permitted in labeling for such product pursuant to regulations 
promulgated by FDA pursuant to the Nutrition Labeling and Education Act 
of 1990.
    Parts V through VIII of the order require Nutramax to keep copies 
of relevant advertisements and materials substantiating claims made in 
the advertisements; to provide copies of the order to certain of its 
personnel; to notify the Commission of changes in corporate structure; 
and to file compliance reports with the Commission. Part IX provides 
that the order will terminate 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.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 04-17156 Filed 7-27-04; 8:45 am]
BILLING CODE 6750-01-P