[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Notices]
[Pages 1333-1334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-206]


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FEDERAL TRADE COMMISSION

[File No. 042 3127]


Goen Technologies Corp., et al.; 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 draft 
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 February 5, 2007.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Goen Technologies Corp., et al., File No. 
042 3127,'' 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 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 email 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 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.

FOR FURTHER INFORMATION CONTACT: Matthew Daynard (202/326-3291), 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.  2.34 of 
the Commission 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 January 4, 2007), on the World Wide Web, at http://www.ftc.gov/os/2007/01/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.

[[Page 1334]]

    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 from Goen 
Technologies Corp., Nutramerica Corp., TrimSpa, Inc., and Alexander 
Szynalski a/k/a Alexander Goen (together, ``respondents'').
    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 
TrimSpa[supreg] Completely Ephedra Free Formula X32 (``TrimSpa X32''), 
a dietary supplement that, according to its label, contains, among 
other ingredients, Hoodia gordonii, chromium, vanadium, glucomannan, 
citrus naringine, glucosamine HCI, cocoa extract, and green tea 
extract. According to the FTC complaint, respondents represented that 
TrimSpa X32 causes rapid and substantial weight loss; and that Hoodia 
gordonii--an African appetite suppressant--in TrimSpa X32 enables users 
to lose substantial amounts of weight by suppressing their appetite. 
The complaint alleges that respondents failed to have substantiation 
for these claims. The proposed consent order contains provisions 
designed to prevent respondents from engaging in similar acts and 
practices in the future.
    Part I of the proposed order requires respondents to have competent 
and reliable scientific evidence substantiating any claims that a 
covered product or service causes rapid and substantial weight loss or 
that the Hoodia gordonii, or any other appetite suppressant, in a 
covered product enables users to lose substantial amounts of weight by 
suppressing their appetite. The provision further requires that any 
such claim be true. A ``covered product or service'' is defined as 
``any dietary supplement, food, drug, or device, or any health-related 
service or program.'' Part I.C. further requires that future claims 
about the health benefits, performance, efficacy, safety, or side 
effects of any covered product or service be truthful and supported by 
competent and reliable scientific evidence.
    Part II of the proposed order provides that the order does not 
prohibit respondents from making 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; representations for any medical device 
that are permitted in labeling under any new medical device application 
approved by the FDA; and 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.
    Part III provides for the payment of $1,500,000 to the Commission.
    Part IV of the proposed order requires respondents to provide the 
Commission with a list of all consumers who respondents know purchased 
TrimSpa X32 from March 1, 2003 through the date of entry of this Order.
    Parts V through IX require respondents to keep copies of relevant 
advertisements and materials substantiating claims made in the 
advertisements; to provide copies of the order to certain of their 
personnel; to notify the Commission of changes in corporate structure 
(for the corporate respondents) and changes in employment (for the 
individual respondent) that might affect compliance obligations under 
the order; and to file compliance reports with the Commission. Part X 
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, with Commissioner Rosch recused.
Donald S. Clark,
Secretary.
 [FR Doc. E7-206 Filed 1-10-07; 8:45 am]
BILLING CODE 6750-01-P