General Nutrition Corporation

Volume 77 · 77 F.T.C. 1458

Citation: 77 F.T.C. 1458
Docket: C-1517
Complaint: 1969-04-04
Decision: 1970-11-04
Document type: modifying order
Case type: consumer protection
Statutes: FTC Act (section 5)
Industry: drug company
Outcome: modified
Relief: cease_and_desist; affirmative_disclosure
Source: Original volume PDF
Original PDF: This decision as a PDF

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General Nutrition Corporation, 77 F.T.C. 1458 (1970). Consumer Law Library, https://consumerlawlibrary.org/decisions/v077-0192

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Order status: presumptively_terminable_pre_1995. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

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Text (OCR of the scan at left; may contain errors)

In THE Matrer oF GENERAL NUTRITION CORPORATION TRADING AS NATURAL SALES COMPANY, ET AL.

MODIFIED ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-1517. Complaint, Apr. 4, 1969—Decision, Nov. 4, 1970 Order modifying a previous consent order dated April 4, 1969, 75 F.7.C. 529, which prohibited a drug company from making certain claims for the nutritional significance of vitamin and mineral ingredients. Orprr Mopiryine Crease AND Desist Order The respondents having made no response to the Commission’s order to show cause dated July 1, 1970 on or before the thirtieth day after service thereof, 1458 . Order It is ordered, That Paragraph 2 of the Commission’s order dated April 4, 1969 [75 F.T.C. 529], be, and it hereby is, modified to read as follows:

Paragraph 2. Disseminating, or causing to be disseminated, by means of the United States mails or by any means in commerce, as “commerce” is defined in the Federal Trade Commission Act, any advertisement of a product which is advertised or pr omoted 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 ingredient 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 representation 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 permits 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.

← 77 F.T.C. 1455 · 77 F.T.C. 1458 →