83 FR 50372 - A & O Enterprises Inc and Aaron K. Roberts; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range		50372-50374
FR Document		2018-21749

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent order-- embodied in the consent agreement--that would settle these allegations.

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)

[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50372-50374]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-21749]

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FEDERAL TRADE COMMISSION

[File No. 172 3016]

A & O Enterprises Inc and Aaron K. Roberts; Analysis To Aid
Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

-----------------------------------------------------------------------

SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices. The attached Analysis to Aid Public Comment describes both
the allegations in the 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 22, 2018.

ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write: ``A & O Enterprises
Inc'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/aoenterprisesivbarsconsent by following
the instructions on the web-based form. If you prefer to file your
comment on paper, write ``A & O Enterprises Inc; File No. 1723016'' on
your comment and on the envelope, and mail your comment to the
following address: Federal Trade Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite CC-5610 (Annex D), Washington, DC
20580; or deliver your comment to: Federal Trade Commission, Office of
the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite
5610 (Annex D), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Thomas Carter (214-979-9372) or James
Golder (214-979-9376), Southwest Region, Federal Trade Commission, 1999
Bryan Street, Suite 2150, Dallas, TX 75201.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 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 20, 2018), on the World Wide Web,
at https://www.ftc.gov/news-events/commission-actions.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before October 22,
2018. Write ``A & O Enterprises Inc; File No. 1723016'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including, to the
extent practicable, on the public Commission website, at https://www.ftc.gov/policy/public-comments.
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/
ftc/

[[Page 50373]]

aoenterprisesivbarsconsent by following the instructions on the web-
based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that website.
If you prefer to file your comment on paper, write ``A & O
Enterprises Inc; File No. 1723016'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex D), Washington, DC 20580; or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024. If possible, submit your paper comment to the
Commission by courier or overnight service.
Because your comment will be placed on the publicly accessible FTC
website at https://www.ftc.gov, you are solely responsible for making
sure that your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure that your comment does not include
any sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the public FTC website--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC website,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
Visit the FTC website at http://www.ftc.gov to read this Notice and
the news release describing it. The FTC Act and other laws that 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 on or before October 22, 2018. For information on the
Commission's privacy policy, including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, an agreement containing a consent
order from A & O Enterprises Inc, a corporation, doing business as iV
Bars Incorporated and iV Bars, and Aaron K. Roberts, also known as
Aaron Keith (``respondents''). The proposed consent order (``order'')
has been placed on the public record for 30 days for receipt of
comments by interested persons. Comments received during this period
will become part of the public record. After 30 days, the Commission
will again review the agreement, and the comments received, and will
decide whether it should withdraw from the agreement and take
appropriate action or make final the agreement's proposed order.
This matter involves respondents' advertising, promotion and sale
of intravenous drip cocktails (``iV Cocktails''), including the Myers
Cocktail, which contain a mixture of water, vitamins, minerals and
amino acids. According to the FTC complaint, respondents made false or
unsubstantiated representations that their iV Cocktails are effective
treatments for cancer, angina, cardiovascular disease, congestive heart
failure, myocardial infarction, multiple sclerosis, diabetes,
fibromyalgia and neurodegenerative disorders, and that their cocktails
produce fast, lasting results, are safe for all ages and cause no side
effects. The FTC also alleges that respondents falsely represented that
their iV Cocktails are clinically or scientifically proven to
effectively treat the enumerated diseases and produce fast, lasting
results. The complaint alleges that respondents' actions constitute
unfair or deceptive acts or practices and the making of false
advertisements, in violation of Sections 5(a) and 12 of the Federal
Trade Commission Act.
The order is designed to prevent respondents from engaging in
similar acts or practices in the future. It includes injunctive relief
to address these alleged violations and to prohibit similar and related
conduct.
The order defines ``covered product'' to mean any
intravenous therapy, including all of respondents' iV Cocktails, and
any intramuscular injection.
Part I of the order prohibits express or implied claims
that any covered product: (1) Is an effective treatment for cancer,
angina, cardiovascular disease, congestive heart failure, myocardial
infarction, multiple sclerosis, diabetes, fibromyalgia, or
neurodegenerative disorders; (2) produces fast, lasting results; or (3)
cures, mitigates, or treats any disease, unless the claim is supported
by competent and reliable scientific evidence that is sufficient in
quality and quantity, based on standards generally accepted by experts
in the relevant area. It further requires that such substantiation
include a randomized, double-blind, and placebo-controlled human
clinical trial.
Part II of the order prohibits express or implied health
benefit, efficacy, safety, or side effects claims for any covered
product, unless the representation is non-misleading, and, at the time
the representation is made, proposed respondents possess and rely upon
competent and reliable scientific evidence that is sufficient in
quality and quantity to support the claim, based on standards generally
accepted by experts in the area. It further provides that such
substantiation must include a randomized, double-blind, and placebo-
controlled human clinical trial, when experts generally require such
human clinical testing to substantiate the representation.
Part III of the order prohibits respondents, in connection
with the advertising, promotion, offering for sale, or sale of any
covered product, from misrepresenting, expressly or by implication,
that they assembled physicians, biochemists, or physiologists to
create, test or approve the products, or that they maintain a research
facility, including an iV Bars Research Lab.
Part IV of the order prohibits respondents, in connection
with the

[[Page 50374]]

advertising, promotion, offering for sale, or sale of any product or
service, from making any misrepresentation about the existence,
contents, validity, results, conclusions, or interpretations of any
test, study, or other research, or that any product or service is
scientifically or clinically proven to produce any benefit.
Part V of the order requires that respondents, with regard
to any human clinical test or study upon which they rely to
substantiate any claim covered by the order, must preserve all
underlying data and documents generally accepted by experts in the
field as relevant to an assessment of the test.
Part VI of the order provides that nothing in the order
prohibits respondents from making a representation for any drug that is
approved in labeling for such drug under any tentative final or final
monograph promulgated by the Food and Drug Administration, or under any
new drug application approved by the FDA.
Parts VII through XI are reporting and compliance provisions. Part
VII mandates that respondents acknowledge receipt of the order and, for
10 years, distribute the order to certain employees and agents and
secure acknowledgments from recipients of the order. Part VIII requires
that respondents submit compliance reports to the FTC one year after
the order's issuance and submit additional reports when certain events
occur. Part IX requires that, for 10 years, respondents create certain
records and retain them for at least 5 years. Part X provides for the
FTC's continued compliance monitoring of respondents' activity during
the order's effective dates. Part XI is a provision ``sunsetting'' the
order after 20 years, with certain exceptions.
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 complaint or order, or to modify in any way the
order's terms.

By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-21749 Filed 10-4-18; 8:45 am]
BILLING CODE 6750-01-P

50372 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

assets of a company, including the inspection at the Federal Reserve Bank Request for Comment part of the
companies listed below, that engages indicated. The applications will also be SUPPLEMENTARY INFORMATION section
either directly or through a subsidiary or available for inspection at the offices of below. Write: ‘‘A & O Enterprises Inc’’
other company, in a nonbanking activity the Board of Governors. Interested on your comment, and file your
that is listed in § 225.28 of Regulation Y persons may express their views in comment online at https://
(12 CFR 225.28) or that the Board has writing on the standards enumerated in ftcpublic.commentworks.com/ftc/
determined by Order to be closely the BHC Act (12 U.S.C. 1842(c)). If the aoenterprisesivbarsconsent by following
related to banking and permissible for proposal also involves the acquisition of the instructions on the web-based form.
bank holding companies. Unless a nonbanking company, the review also If you prefer to file your comment on
otherwise noted, these activities will be includes whether the acquisition of the paper, write ‘‘A & O Enterprises Inc; File
conducted throughout the United States. nonbanking company complies with the No. 1723016’’ on your comment and on
Each notice is available for inspection standards in section 4 of the BHC Act the envelope, and mail your comment to
at the Federal Reserve Bank indicated. (12 U.S.C. 1843). Unless otherwise the following address: Federal Trade
The notice also will be available for noted, nonbanking activities will be Commission, Office of the Secretary,
inspection at the offices of the Board of conducted throughout the United States. 600 Pennsylvania Avenue NW, Suite
Governors. Interested persons may Unless otherwise noted, comments CC–5610 (Annex D), Washington, DC
express their views in writing on the regarding each of these applications 20580; or deliver your comment to:
question whether the proposal complies must be received at the Reserve Bank Federal Trade Commission, Office of the
with the standards of section 4 of the indicated or the offices of the Board of Secretary, Constitution Center, 400 7th
BHC Act. Governors not later than November 1, Street SW, 5th Floor, Suite 5610 (Annex
Unless otherwise noted, comments 2018. D), Washington, DC 20024.
regarding the applications must be A. Federal Reserve Bank of San FOR FURTHER INFORMATION CONTACT:
received at the Reserve Bank indicated Francisco (Gerald C. Tsai, Director, Thomas Carter (214–979–9372) or James
or the offices of the Board of Governors Applications and Enforcement) 101 Golder (214–979–9376), Southwest
not later than October 29, 2018. Market Street, San Francisco, California Region, Federal Trade Commission,
A. Federal Reserve Bank of Chicago 94105–1579: 1999 Bryan Street, Suite 2150, Dallas,
(Colette A. Fried, Assistant Vice 1. JBNV Holding Corp., Sparks, TX 75201.
President) 230 South LaSalle Street, Nevada; to become a bank holding SUPPLEMENTARY INFORMATION: Pursuant
Chicago, Illinois 60690–1414: company by acquiring 100 percent of
1. HSBC Holdings plc, London, to Section 6(f) of the Federal Trade
the voting shares of Kirkwood Commission Act, 15 U.S.C. 46(f), and
England; HSBC Overseas Holdings (UK) Bancorporation of Nevada, Inc., and
Limited, London, England; HSBC North FTC Rule 2.34, 16 CFR 2.34, notice is
thereby indirectly acquire Kirkwood hereby given that the above-captioned
America Holdings Inc., New York, New Bank of Nevada, both of Las Vegas,
York; and HSBC USA, Inc., New York, consent agreement containing a consent
Nevada. order to cease and desist, having been
New York; to engage de novo through a
newly formed entity, The Consortium, Board of Governors of the Federal Reserve filed with and accepted, subject to final
System, October 1, 2018. approval, by the Commission, has been
LLC, in data processing activities,
pursuant to section 225.28(b)(14) of Yao-Chin Chao, placed on the public record for a period
Regulation Y. Assistant Secretary of the Board. of thirty (30) days. The following
[FR Doc. 2018–21643 Filed 10–4–18; 8:45 am] Analysis to Aid Public Comment
Board of Governors of the Federal Reserve
BILLING CODE 6210–01–P describes the terms of the consent
System, October 1, 2018.
agreement, and the allegations in the
Yao-Chin Chao,
complaint. An electronic copy of the
Assistant Secretary of the Board. full text of the consent agreement
[FR Doc. 2018–21658 Filed 10–4–18; 8:45 am] FEDERAL TRADE COMMISSION
package can be obtained from the FTC
BILLING CODE P [File No. 172 3016] Home Page (for September 20, 2018), on
the World Wide Web, at https://
A & O Enterprises Inc and Aaron K. www.ftc.gov/news-events/commission-
FEDERAL RESERVE SYSTEM Roberts; Analysis To Aid Public actions.
Comment You can file a comment online or on
Formations of, Acquisitions by, and
AGENCY: Federal Trade Commission. paper. For the Commission to consider
Mergers of Bank Holding Companies
your comment, we must receive it on or
The companies listed in this notice ACTION: Proposed consent agreement. before October 22, 2018. Write ‘‘A & O
have applied to the Board for approval, SUMMARY: The consent agreement in this Enterprises Inc; File No. 1723016’’ on
pursuant to the Bank Holding Company matter settles alleged violations of your comment. Your comment—
Act of 1956 (12 U.S.C. 1841 et seq.) federal law prohibiting unfair or including your name and your state—
(BHC Act), Regulation Y (12 CFR part deceptive acts or practices. The attached will be placed on the public record of
225), and all other applicable statutes Analysis to Aid Public Comment this proceeding, including, to the extent
and regulations to become a bank describes both the allegations in the practicable, on the public Commission
holding company and/or to acquire the complaint and the terms of the consent website, at https://www.ftc.gov/policy/
assets or the ownership of, control of, or order—embodied in the consent public-comments.
the power to vote shares of a bank or agreement—that would settle these Postal mail addressed to the
daltland on DSKBBV9HB2PROD with NOTICES

bank holding company and all of the allegations. Commission is subject to delay due to
banks and nonbanking companies heightened security screening. As a
owned by the bank holding company, DATES: Comments must be received on result, we encourage you to submit your
including the companies listed below. or before October 22, 2018. comments online. To make sure that the
The applications listed below, as well ADDRESSES: Interested parties may file a Commission considers your online
as other related filings required by the comment online or on paper, by comment, you must file it at https://
Board, are available for immediate following the instructions in the ftcpublic.commentworks.com/ftc/

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50374 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

advertising, promotion, offering for sale, DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION:
or sale of any product or service, from HUMAN SERVICES Purpose: This Board is charged with
making any misrepresentation about the providing advice and guidance to the
existence, contents, validity, results, Centers for Disease Control and Secretary, Department of Health and
conclusions, or interpretations of any Prevention Human Services (HHS), the Assistant
test, study, or other research, or that any Secretary for Health (ASH), the Director,
Board of Scientific Counselors, Office Centers for Disease Control and
product or service is scientifically or
of Public Health Preparedness and Prevention (CDC), and the Director,
clinically proven to produce any Response, (BSC, OPHPR)
benefit. Office of Public Health Preparedness
AGENCY: Centers for Disease Control and and Response (OPHPR), concerning
• Part V of the order requires that strategies and goals for the programs
respondents, with regard to any human Prevention (CDC), Department of Health
and Human Services (HHS). and research within OPHPR, monitoring
clinical test or study upon which they the overall strategic direction and focus
rely to substantiate any claim covered ACTION: Notice of meeting.
of the OPHPR Divisions and Offices,
by the order, must preserve all SUMMARY: In accordance with the and administration and oversight of
underlying data and documents Federal Advisory Committee Act, the peer review for OPHPR scientific
generally accepted by experts in the CDC announces the following meeting programs. For additional information
field as relevant to an assessment of the for the Board of Scientific Counselors, about the Board, please visit: http://
test. Office of Public Health Preparedness www.cdc.gov/phpr/science/
• Part VI of the order provides that and Response, (BSC, OPHPR). This counselors.htm.
meeting is open to the public, limited Matters to be Considered: The agenda
nothing in the order prohibits
only by the space available. The meeting for day one of the meeting will include
respondents from making a
room accommodates up to 80 people. discussions that will cover briefings and
representation for any drug that is BSC deliberation on the following
approved in labeling for such drug Public participants should pre-register
for the meeting as described below. topics: Interval updates from the OPHPR
under any tentative final or final Director and OPHPR Divisions and
monograph promulgated by the Food Members of the public that wish to
attend this meeting in person should Offices; Presentation on Private Sector
and Drug Administration, or under any and PH Emergency Preparedness &
new drug application approved by the pre-register by submitting the following
information by email, facsimile, or Response Collaboration; and updates
FDA. from the Biological Agent Containment
phone (see contact person for more
Parts VII through XI are reporting and information) no later than 12:00 noon working group.
compliance provisions. Part VII Day two of the meeting will cover
(EDT) on Wednesday, October 22, 2018:
mandates that respondents acknowledge briefings and BSC deliberation on the
• Full Name following topics: Preparedness updates
receipt of the order and, for 10 years, • Organizational Affiliation
distribute the order to certain employees from Liaison representatives; CDC’s
• Complete Mailing Address Public Health Data Strategy and Data
and agents and secure acknowledgments • Citizenship Preparedness initiatives; and updates on
from recipients of the order. Part VIII • Phone Number or Email Address Pandemic Flu Activities and Planning
requires that respondents submit The public is also welcome to listen Updates. Agenda items are subject to
compliance reports to the FTC one year to the meeting via Adobe Connect. Pre- change as priorities dictate.
after the order’s issuance and submit registration is required by clicking the The Chief Operating Officer, Centers
additional reports when certain events links below. for Disease Control and Prevention, has
occur. Part IX requires that, for 10 years, WEB ID: October 29, 2018 (1500 been delegated the authority to sign
respondents create certain records and Seats) https://adobeconnect.cdc.gov/ Federal Register notices pertaining to
retain them for at least 5 years. Part X e7gc21b4wp1/event/registration.html. announcements of meetings and other
provides for the FTC’s continued WEB ID: October 30, 2018 (1500 committee management activities, for
compliance monitoring of respondents’ Seats) https://adobeconnect.cdc.gov/ both the Centers for Disease Control and
activity during the order’s effective e5j7o9ulmi8/event/registration.html. Prevention and the Agency for Toxic
dates. Part XI is a provision Dial in number: 888–603–9747; Substances and Disease Registry.
‘‘sunsetting’’ the order after 20 years, Participant code: 3564724 (100 Seats).
Sherri Berger,
with certain exceptions. DATES: The meeting will be held on
Chief Operating Officer, Centers for Disease
The purpose of this analysis is to October 29, 2018, 10:00 a.m.–to 5:00 Control and Prevention.
facilitate public comment on the p.m., EDT and October 30, 2018, 8:30 [FR Doc. 2018–21702 Filed 10–4–18; 8:45 am]
proposed order. It is not intended to a.m.–3:30 p.m., EDT.
BILLING CODE 4163–19–P
constitute an official interpretation of ADDRESSES: Centers for Disease Control
the complaint or order, or to modify in and Prevention (CDC), Global
any way the order’s terms. Communications Center, Building 19, DEPARTMENT OF HEALTH AND
Auditorium B3, 1600 Clifton Road NE, HUMAN SERVICES
By direction of the Commission. Atlanta, Georgia 30329–4027.
Donald S. Clark, Centers for Disease Control and
FOR FURTHER INFORMATION CONTACT:
Secretary. Dometa Ouisley, Office of Science and Prevention
daltland on DSKBBV9HB2PROD with NOTICES

[FR Doc. 2018–21749 Filed 10–4–18; 8:45 am] Public Health Practice, Centers for
Statement of Organization, Functions,
BILLING CODE 6750–01–P Disease Control and Prevention, 1600
and Delegations of Authority
Clifton Road NE, Mailstop D–44,
Atlanta, Georgia 30329–4027, Part C (Centers for Disease Control
Telephone: (404) 639–7450; Fax: (404) and Prevention) of the Statement of
471–8772; Email: Organization, Functions, and
OPHPR.BSC.Questions@cdc.gov. Delegations of Authority of the

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Document Created: 2018-10-05 01:52:38
Document Modified: 2018-10-05 01:52:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Proposed consent agreement.
Dates		Comments must be received on or before October 22, 2018.
Contact		Thomas Carter (214-979-9372) or James Golder (214-979-9376), Southwest Region, Federal Trade Commission, 1999 Bryan Street, Suite 2150, Dallas, TX 75201.
FR Citation		83 FR 50372