Quigley Corporation; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 982 3152]

Quigley Corporation; 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 of 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 January 31, 2000.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Daniel Kaufman or Michelle Rusk, FTC/

S-4002, 600 Pennsylvania Ave., NW, Washington, DC 20580. (202) 326-2888

or 326-3148.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal

Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 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 sixty (60) 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 November 23, 1999), on the World Wide Web, at ``http://

www.ftc.gov/os/actions97.htm.'' A paper copy can be obtained from the

FTC Public Reference Room, Room H-130, 600 Pennsylvania Avenue, NW,

Washington, DC 20580, either in person or by calling (202) 326-3627.

Public comment is invited. Comments should be directed to: FTC/

Office of the Secretary, Room 159, 600 Pennsylvania Ave., NW,

Washington, DC 20580. Two paper copies of each comment should be filed,

and should be accompanied, if possible, by a 3\1/2\ inch diskette

containing an electronic copy of the comment. Such comments or views

will be considered by the Commission and will be available for

inspection and copying at its principal office in accordance with

Section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR

4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission has accepted, subject to final

approval, an agreement containing consent order from respondent the

Quigley Corporation (``Quigley'').

The proposed consent order has been placed on the public record for

sixty (60) days for reception of comments by interested persons.

Comments received during this period will become part of the public

record. After sixty (60) 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 alleged deceptive representations for Cold-

Eeze Zinc Lozenges and Cold-Eezer Plus Zinc Gluconate Lozenges

(hereinafter, collectively ``Cold-Eeze'') and Kids-Eeze Bubble Gum

(``Kids-Eeze'').

The Commission's proposed complaint alleges that Quigley made

unsubstantiated representations that Cold-Eeze will prevent users from

contracting colds and pneumonia; will treat allergies; will reduce the

severity of colds in children; and that Kids-Eeze will reduce the

severity of cold symptoms in children.

The proposed consent order contains provisions designed to prevent

respondent from engaging in similar acts and practices in the future.

Part I of the proposed order prohibits the respondent from making

the representations about Cold-Eeze and Kids-Eeze challenged in the

complaint, unless it possesses and relies upon competent and reliable

scientific evidence that substantiates the representation.

Part II of the proposed order prohibits respondent from making any

representation that any food, drug, or dietary supplement can or will

cure, treat or prevent any disease, or have any effect on the structure

or function of the human body, unless it possesses and relies upon

competent and reliable scientific evidence that substantiates the

representation.

[[Page 66919]]

Part III of the proposed order allows the respondent to make any

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.

Part IV of the proposed order allows the respondent to make

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.

Parts V through VIII require the respondent to keep copies of

advertisements making representations covered by the order; to keep

records concerning those representations, including material that they

relied upon when making the representations; to provide copies of the

order to certain of the respondents' personnel; to notify the

Commission of changes in corporate structure; and to file compliance

reports with the Commission.

Part IX 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, but 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. 99-31055 Filed 11-29-99; 8:45 am]

BILLING CODE 6750-01-M