[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57627-57628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23325]


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FEDERAL TRADE COMMISSION

[File No. 082 3116]


Daryl C. Jenks, d/b/a Premium Essiac Tea 4less; 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 October 17, 2008.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Daryl C. Jenks, File No. 082 3116,'' 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, N.W., Washington, D.C. 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 by following the instructions on the web-based form at (http://secure.commentworks.com/ftc-DarylCJenks). To ensure that the Commission 
considers an electronic comment, you must file it on that web-based 
form.
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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 Federal Trade Commission Act (``FTC Act'') and other laws the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding as appropriate. The Commission will 
consider all timely and responsive public comments that it receives, 
whether filed in paper or electronic form. Comments received will be 
available to the public on the FTC website, to the extent practicable, 
at (http://www.ftc.gov/os/publiccomments.shtm). As a matter of 
discretion, the Commission 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.shtm)

FOR FURTHER INFORMATION CONTACT: Richard Cleland, FTC Bureau of 
Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, D.C. 
20580, (202) 326-3088.

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 September 18, 2008), on the World Wide Web, at (http://www.ftc.gov/os/2008/09/index.htm). A paper copy can be obtained from 
the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, 
Washington, D.C. 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 from Daryl C. Jenks, 
individually, and d/b/a Premium Essiac Tea 4less (``respondent'').
    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 ths period will become par of the public 
record. Afer 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 concerns the advertising and promotion of a product 
known as Premium Essiac Tea, a powder for mag a tea beverage that, 
according to its label, contains. burdock root, rhubarb root, sheep 
sorrel, slippery elm, watercress, blessed thistle, red clover, and 
kelp.
    The Commission's complaint charges that respondent claimed that 
Premium Essiac Tea was effective to treat, prevent or cure cancer and 
other serious diseases. The complaint alleges that respondent did not 
have a reasonable basis for ths claim. The complaint also charges that 
respondent claimed that Premium Essiac Tea was clinically proven to be 
superior to other types of essiac tea. The complaint alleges that ths 
claim was false. The proposed consent order contains provisions 
designed to prevent respondent from engaging in similar acts and 
practices in the future.
    Part I requires respondent to have competent and reliable 
scientific evidence substantiating any claim that any covered product 
or service is effective in the treatment, cure or prevention of any 
disease or condition, or is superior to other similar products or 
services. A ``covered product or service'' is defined as any food, 
dietary supplement or drug, including, but not limited to any essiac 
tea product; or any health-related product, service or program.
    Part II requires that any future claim about the absolute or 
comparative benefits, performance, efficacy, safety or side effects of 
any covered product or service be truth and supported by competent and 
reliable scientific evidence.
    Part III of the consent order prohibits the misrepresentation of 
the results of any test, study or research in connection with the 
advertising, promotion or sale of any covered product or service.

[[Page 57628]]

    Part IV of the proposed order provides that the order does not 
prohibit respondent from making representations for any drug that are 
permitted in labeling for the drug under any tentative or final Food 
and Drug Administration (``FDA'') standard or under any new drug 
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 V.A. of the proposed order requires respondent to provide a 
list of all purchasers ofPremium Essiac Tea to the Commission. Part 
V.B. requires respondent to mail to each purchaser a letter describing 
the scientific evidence related to essiac tea. Part V.C. prohibits 
respondent from providing any identifying information about his 
purchasers to anyone other than a law enforcement agency or as required 
by law.
    Parts VI though IX of the proposed order require respondent to keep 
copies of relevant advertisements and materials that substantiate 
claims made in the advertisements; to provide copies of the order to 
certain of his employees; to notify the Commission of any changes in 
employment that might affect compliance obligations under the order; 
and to file compliance reports with the Commission.
    Part X provides that the order will terminate afer twenty (20) 
years under certain circumstances.
    The purpose of ths 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 modif in any 
way their terms.
    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. E8-23325 Filed 10-2-08; 8:45 am]
BILLING CODE 6750-01-S