Announced Action for July 21, 1998

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Petitions to reopen and modify or set aside orders: The FTC has received a petition from the following entity seeking changes in FTC orders. The FTC is seeking public comments on the newly-received petition for 30 days, until August 20, 1998.

  • General Nutrition, Incorporated (GNC) has petitioned the FTC to reopen and modify the cease and desist orders issued by the Commission in 1969 (Docket No. C-1517) and 1989 (Docket No. D-9175). Included in the company's petition is a request that the Commission seek the Department of Justice's assistance in asking a federal court to modify a 1994 consent decree enjoining GNC from violating these two orders and from making deceptive claims for any hair-loss product. GNC also requests that the FTC modify the 1969 order, which was modified by the Commission in 1970, to delete a disclosure requirement regarding the nutritional significance of certain food ingredients and to incorporate a 1993 FTC staff advisory opinion about the scope of another provision requiring disclosures relating to vitamins and minerals. In addition, GNC requests that the Commission modify the 1969 and 1989 orders and seek modification of the 1994 consent decree to add a new provision: 1) requiring GNC to monitor its franchisees and report repeated order or decree violations by franchisees to the FTC; and 2) providing that GNC will not be liable for its franchisees' conduct provided GNC has not authorized, approved, or ratified the conduct. A notice will be published shortly in the Federal Register. Comments on the petition should be submitted to the Secretary, Federal Trade Commission, Room 159-H, Washington, DC 20580. (Docket Nos. C-1517, D-9175; Staff contact is Robert Frisby, 202-326-2098.)

Copies of the documents referenced above are available from the FTC's Consumer Response Center, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-FTC-HELP (202-382-4357); 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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