Announced Actions for October 31, 1997

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Consent agreements given final approval: Following a public comment period, the Commission has made final a consent agreement with the following entity. The Commission action makes the consent order binding on the respondent.

  • The consent order with Metagenics, Inc., doing business as Ethical Nutrients out of San Clemente, California, and corporate officer Jeffrey Katke settles charges that they made unsubstantiated claims about the effectiveness of "Bone-Builder," their over-the-counter calcium supplement in preventing bone loss in post-menopausal women who already have experienced bone thinning, in reducing bone pain, and in preventing osteoporosis. The order also settles charges that the respondents made unsubstantiatiated claims that their product was more effective than other calcium supplements. The consent order requires the respondents to have scientific substantiation for any claim that Bone Builder or any food, drug, or food or dietary supplement containing calcium will treat or prevent any disease, disorder or condition, or that any food, drug, or food or dietary supplment is more effective than any other product in treating or preventing any disease, disorder or condition. Further, it requires the respondents to have scientific substantiation for claims that use of any food, drug, or food or dietary supplement restores bone strength, prevents bone less or bone thinning, reduces or eliminates pain associated with bone ailments, and prevents further bone loss and achieves new bone or increased bone thickness in post-menopausal women. Superiority claims about such products and about the relationship between calcium and osteoporosis also must be scientifically substantiated (claims about calcium the relationship between and osteoporosis specifically authorized by the FDA are permitted under the settlement). In addition, the order prohibits the respondents from misrepresenting the existence or results of any test or study regarding such products. (See April 22, 1997, news release for more details; Docket No. D09267; Commission vote to issue as final was 3-0 with Commissioner Sheila F. Anthony not participating.) Staff contact is Lesley Anne Fair, 202-326-3081.

Copies of the documents referenced above are available from the FTC's web site at and also 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. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710.

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