The Federal Trade Commission has given final approval to a consent agreement with David Green, M.D., settling charges that he deceptively advertised as pain-free and permanent his varicose vein and spider vein treatments. The FTC also alleged that Green did not have adequate substantiation to support his success-rate claims. The Commission's action makes the consent order provi- sions binding on Green, who offers vein treatments through The Varicose Vein Center he operates in Bethesda, Maryland.
Under the final order, Green must have competent and reliable scientific evidence to substantiate any claim he makes in connection with any venous disease treatment or other cosmetic surgery procedure regarding:
- the permanence or duration of any results;
- the success or recurrence rate;
- the nature, duration or intensity of any pain; and
- the risks, side effects or recovery period.
The settlement also contains various reporting requirements to assist the FTC in monitoring Green's compliance.
The consent agreement was announced for a public-comment period on March 30. The Commission vote to issue it in final form occurred on June 23, and was 4-0 with Chairman Robert Pitofsky not participating.
NOTE: A consent agreement is for settlement purposes only and does not constitute admission of a law violation. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions by the respon- dents. Each violation of such an order may result in a civil penalty of up to $10,000.
A news release summarizing the complaint and consent agree- ment was issued at the time the Commission accepted the consent agreement for public comment. Copies of that release and of the complaint and final order are available from the FTC's Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 1-866-653-4261.
(FTC File No. 942 3052)
(Docket No. C-3589)