General Nutrition Corp. et al.
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[Docket No. C-1517] PART 13— PROHIBITED TRADE PRACTICES General Nutrition Corp. et al. Subpart—Advertising falsely or mis leadingly: § 13.170 Qualities or prop erties o f product or service: 13.170-52 Medicinal, therapeutic, healthful, etc.; 13.170-64 Nutritive.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) [Modified order to cease and desist, General Nutrition Corp. et al., Pitts burgh, Pa., Docket C-1517, Nov. 4, 1970] In the Matter o f General Nutrition Corp., a Corporation, Also Trading as Nat ural Sales Co., and David B. Shakarian, Individually and as an Offi cer of Said Corporation Order modifying a previous consent order dated April 4, 1969, 34 F.R. 7276, which prohibited a drug company from making certain claims for the nutritional significance of vitamin and mineral ingredients.
The modified order to cease and desist, is as follows:
It is ordered, That paragraph 2 of the Commission’s order dated April 4, 1969 be, and it hereby is, modified to read as follows :
2.
Disseminating, or causing to be dis seminated, by means of the U.S. mails RULES AND REGULATIONS or by any means in commerce, as “com merce” is defined in the Federal Trade Commission Act, any advertisement of a product which is advertised or promoted for sale by reason of its vitamin and/or mineral content, which lists, or otherwise refers to as an ingredient, except in the name of such product, any ingredient, the need for which in human, nutrition has not been established, or any ingredi ent whose presence in the preparation is without nutritional significance, unless the advertisement also discloses clearly and conspicuously, in immediate or close proximity, and with equal prominence, that the presence of such ingredient in such preparation is without nutritional significance; nor shall any representa tion be made that the need for such an ingredient in such product for human nutrition has been established. For the purposes of enforcement of this paragraph, any regulation by the Food and Drug Administration, in full force and effect, which affirmatively per mits claims for nutritional significance of a vitamin or mineral in a specified amount in a product labeled for use as a food supplement, will be accepted as evidence that the presence of that amount of the specified nutrient has nutritional significance. Issued: November 4, 1970. By the Commission.
[ seal] J oseph W. Shea, Secretary.
[F.R. Doc. 70-16966; Filed, Dec. 16, 1970; )