American College for Advancement in Medicine; Reopening the Public Record to Extend the Period for Filing Public Comments on the Proposed Consent Agreement

FEDERAL TRADE COMMISSION

[File No. 9623147]

American College for Advancement in Medicine; Reopening the

Public Record to Extend the Period for Filing Public Comments on the

Proposed Consent Agreement

AGENCY: Federal Trade Commission.

ACTION: Reopening the public record for filing comments.

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SUMMARY: On December 16, 1998, the Federal Trade Commission (``the

Commission'') published a notice of a proposed consent agreement with

the American College for Advancement in Medicine. The consent agreement

in this matter settles alleged violations of federal law prohibiting

unfair or deceptive acts or practices. The comment period expired on

February 16, 1999. In light of significant interest by the public, the

Commission has reopened the public record in this matter and extended

the comment period through March 31, 1999.

DATES: Comments must be received on or before March 31, 1999.

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

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

FOR FURTHER INFORMATION CONTACT: Richard Cleland, FTC/S-4110, 601

Pennsylvania Avenue NW, Washington, DC 20580. (202) 326-3088.

SUPPLEMENTARY INFORMATION: On December 16, 1999, the Commission

published its proposed consent agreement with the American College for

Advancement in Medicine (``ACAM'') and invited the public to submit

comments on the agreement during a sixty day comment period that ended

on February 16, 1999. The agreement addressed alleged violations of

Section 5 and 12 of the Federal Trade Commission Act in connection with

ACAM-produced advertising and promotional materials that promoted the

use of EDTA chelation therapy for the treatment of atherosclerosis. The

Commission alleged in its accompanying complaint that some of the

claims contained in ACAM's materials were false and misleading. The

Commission received approximately seven hundred and fifty comments

during the public comment period. In light of the significant public

interest demonstrated by the large volume of comments received, the

Commission is reopening the public record for reception of comments to

be filed on or before March 31, 1999.

By the direction of the Commission, Commissioner Anthony

dissenting.

Donald S. Clark,

Secretary.

Dissenting Statement of Commissioner Sheila F. Anthony; American

College for Advancement of Medicine, F. 962-3147

This matter involves public health and safety, and the advertising

at issue potentially poses grave risk to individuals who may rely on

it. Therefore, I cannot agree to reopen and extend the public comment

period through the end of March, 1999, on the matter American College

for the Advancement of Medicine, File No. 962-3147. The sixty-day

public comment period closed on February 16, 1999, after proper notice

in the Federal Register, published by the Commission on December 16,

1998, and the Commission received over 600 comments within the

prescribed period.

The consent agreement between the Commission and American College

for the Advancement of Medicine (``ACAM''), a California corporation,

settles alleged violations of federal law prohibiting unfair or

deceptive acts or practices. ACAM has the burden of substantiating its

advertising claims that

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chelation therapy is proven effective in treating diseases of the human

circulatory system, such as atherosclerosis, and it has not done so.

Under the terms of the consent agreement, ACAM is prohibited from

advertising that chelation therapy is an effective treatment for

atherosclerosis without possessing and relying upon competent and

reliable scientific evidence to support the representation. Should ACAM

possess such evidence, it would be allowed to make the challenged

claims.

The risk posed to individuals who rely on advertised medical

misrepresentations may be literally a matter of life or death,

particularly if the advertisements cause those individuals who need

urgent medical care to forego proven treatments. Although I value

public comment, I do not believe we should delay further the timely

issuance of the Commission's final order accepting the consent

agreement, especially on this public health and safety matter.\1\

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\1\ I recognize that the Commission, in the past, extended

comment periods. I am unaware of such an extension being granted in

a matter involving public health or safety.

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For these reasons, I must vote against reopening and extending the

public comment period.

Separate Statement of Commissioner Orson Swindle in American

College for Advancement of Medicine, File No. 962-3147

I want to emphasize one of my reasons for voting to extend the

public comment period in this matter until March 31, 1999. Commissioner

Anthony describes this extension as implicating health and safety

issues that may be a matter of ``life or death,'' but I do not share

her dire assessment of the prospect for consumer injury. The respondent

has not disseminated materials with the allegedly deceptive claims for

several months, including during the sixty-day public comment period

that ended on February 16, 1999. The respondent also have revised its

materials to eliminate the allegedly deceptive claims. Given that the

respondent did not disseminate the allegedly deceptive claims during

the sixty-day public comment period and has revised its materials, the

respondent is unlikely to make its allegedly deceptive claims during

the extended public comment period. In light of this, the suggested

``life or death'' consequences seem unlikely results of an extension.

[FR Doc. 99-6120 Filed 3-11-99; 8:45 am]

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