[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57628-57629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23327]


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FEDERAL TRADE COMMISSION

[File No. 082 3119]


Holly A. Bacon, d/b/a Cleansing Time Pro; 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 ``Holly A. Bacon, File No. 082 3119,'' 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-HollyABacon). 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 Holly A. Bacon, 
doing business as Cleansing Time Pro (``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 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 concerns the advertising and promotion of products 
known as Cleansing Time Pro Black Salve & Tablets. According to their 
labels, these products contain ``blood root, galangal & zinc chloride 
in a base of blended

[[Page 57629]]

synergistic herbs (+ calcium in the tablets).'' Cleansing Time Pro 
Black Salve is an ointment that respondent recommends for external use. 
Alternatively, respondent recommends that consumers take the product 
internally by purchasing Black Salve Tablets or by placing an amount of 
the Black Salve ointment into a gelatin capsule.
    The Commission's complaint charges that respondent claimed that 
Cleansing Time Pro Black Salve & Tablets were effective to treat, 
prevent, or cure numerous forms of cancer and various viral infections, 
including hepatitis, HIV, SARS, West Nile Virus, and Avian Bird Flu. 
The complaint alleges that respondent did not have a reasonable basis 
for these claims. The Commission's complaint also challenges 
respondent's testimonial advertising. The complaint alleges that 
respondent failed to disclose adequately that one of the endorsers was 
respondent Holly A. Bacon herself. The complaint alleges that this was 
a deceptive act or practice, because the fact that one of the endorsers 
had a material connection with Cleansing Time Pro would materially 
affect the weight and credibility given by consumers to the endorsement 
and would be material to consumers in their purchase or use of the 
products.
    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 Cleansing Time Pro Black Salve & 
Tablets, or any other covered product or service, is effective in the 
prevention, treatment or cure of cancer, cancer, hepatitis, HIV, SARS, 
West Nile Virus, or Avian Bird Flu. A ``covered product or service'' is 
defined as any food, dietary supplement, or drug, including, but not 
limited to, Cleansing Time Pro Black Salve & Tablets, or any other 
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 
truthful and supported by competent and reliable scientific evidence.
    Part III of the proposed order addresses the deceptive endorsement 
claim by requiring that respondent disclose any material connection 
between an endorser and respondent, if such a connection exists. 
``Material connection'' is defined as any relationship that materially 
affects the weight or credibility of the user testimonial or 
endorsement and that would not reasonably be expected by consumers.
    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 of the proposed order requires respondent to compile a list 
of all consumers who purchased Cleansing Time Pro Black Salve & Tablets 
from respondent since July 1, 2005, and to mail a letter (Attached to 
the proposed order as Attachment A) to each purchaser describing the 
scientific evidence related to these products. Part VI prohibits 
respondent from providing any identifying information about her 
purchasers to anyone other than the Commission, another law enforcement 
agency, or as required by law.
    Parts VII through X 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 her employees; to notify the Commission of her affiliation 
with any new health-related business or employment; and to file 
compliance reports with the Commission. Part XI of the proposed order 
is a ``sunset'' provision, dictating that the order will terminate 
twenty years from the date it is issued or twenty years after a 
complaint is filed in federal court, by either the United States or the 
FTC, alleging any violation of the order.
    The purpose of this analysis is to facilitate public comment on the 
proposed order. 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. E8-23327 Filed 10-2-08; 8:45 am]
BILLING CODE 6750-01-S