[Federal Register Volume 71, Number 73 (Monday, April 17, 2006)]
[Notices]
[Pages 19728-19730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5622]


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FEDERAL TRADE COMMISSION

[Docket No. 9317]


Dynamic Health of Florida, LLC; Analysis of Proposed Consent 
Order 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 complaint 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 May 5, 2006.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Dynamic Health of Florida, Docket No. 
9317,'' 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

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address: Federal Trade Commission/Office of the Secretary, Room 135-H, 
600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material must be filed in paper form, must be clearly 
labeled ``Confidential,'' and must comply with Commission Rule 4.9(c). 
16 CFR 4.9(c) (2005).\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 
that do not contain any nonpublic information may instead be filed in 
electronic form as part of or as an attachment to e-mail messages 
directed to the following e-mail box: [email protected].
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    \1\ 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 website, to the extent 
practicable, at http://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 website. 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.

FOR FURTHER INFORMATION CONTACT: Janet Evans (202-326-2125) or Sydney 
Knight (202-326-2162), Bureau of Consumer Protection, 600 Pennsylvania 
Avenue, NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  3.25(f) 
of the Commission Rules of Practice, 16 CFR 3.25(f), 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 April 6, 2006), on the World Wide Web, at http://www.ftc.gov/os/2006/04/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. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order to Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order with Dynamic Health 
of Florida, LLC; Chhabra Group, LLC; and Vineet Chhabra a/k/a Vincent 
Chhabra (``respondents''). The proposed order resolves the allegations 
of the complaint issued against these respondents and others on June 
15, 2004. In the Matter of Dynamic Health of Florida, LLC, D. 9317 
(June 15, 2004).
    The proposed consent order has been placed on the public record for 
thirty (30) days for submission 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.
    This matter concerns the respondents' marketing of a purported 
children's weight loss product called ``Pedia Loss'' and a purported 
female libido enhancer called ``Fabulously Feminine.'' The Commission's 
complaint charged 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 charged 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 challenged 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 requires that respondents possess 
and rely on competent and reliable scientific evidence to support 
representations that Pedia Loss or any other covered product causes 
weight loss, suppresses 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. ``Covered 
product'' is defined as any dietary supplement, food, or drug. Part 
I.B. of the order requires that proposed respondents possess and rely 
on competent and reliable scientific evidence to support 
representations that Fabulously Feminine or any other covered product 
will increase a woman's libido, sexual desire, or sexual satisfaction.
    Part II of the proposed order requires that respondents possess and 
rely on competent and reliable scientific evidence to support benefits, 
performance, or efficacy representations for any covered product.
    Part III of the proposed order prohibits respondents from 
misrepresenting the existence, contents, validity, results, 
conclusions, or interpretations of any test or studies.
    Part IV of the proposed order permits respondents to make certain 
claims for food or drugs 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 requirements that 
respondents maintain copies of advertising making representations 
covered by the order and any materials relied upon in disseminating 
these representations (Part V); distribute copies of the order to 
certain company officials (Part VI); notify the Commission of changes 
in corporate structure (Part VII); notify the Commission of changes in 
the individual respondent's business or employment (Part VIII); and 
file one or more reports detailing their compliance with the order 
(Part IX). Part X 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

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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. E6-5622 Filed 4-14-06; 8:45 am]
BILLING CODE 6750-01-P