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FTC Gives Final Approval to Settlement with ReadyTech Related to Participation in the EU-US Privacy Shield The Federal Trade Commission has given final approval to a settlement with ReadyTech Corp., over allegations that it falsely claimed it was in the process of certifying its compliance under the EU-U.S. Privacy Shield framework. The framework establishes a process to allow companies to transfer consumer data from European Union countries to the United States in compliance with EU law. In its complaint, the FTC alleges that ReadyTech, which provides online training services, falsely claimed on its website that it is “in the process of certifying that we comply with the U.S.-E.U. Privacy Shield framework.” While ReadyTech initiated a Privacy Shield application in October 2016, the company did not complete the steps necessary to participate in the Privacy Shield framework. As part of the settlement, ReadyTech is prohibited from misrepresenting its participation in any privacy or security program sponsored by a government or any self-regulatory or standard-setting organization, including but not limited to the EU-U.S. Privacy Shield framework and the Swiss-U.S. Privacy Shield framework. It also must comply with standard reporting and compliance requirements. The FTC received three comments on the settlement. The Commission voted 4-0-1 to give final approval to the settlement and to send responses to the three commenters. Commissioner Christine S. Wilson did not participate. FTC Requires Divestitures as Condition of Marathon Petroleum Corporation’s Acquisition of Express Mart Marathon Petroleum Corp., an Ohio-based energy company, has agreed to certain conditions to settle charges that its proposed acquisition of Express Mart would violate federal antitrust law.  Marathon’s wholly owned subsidiary Speedway operates the second-largest chain of company-owned and -operated gasoline and convenience stores in the United States.  Express Mart is a Syracuse, N.Y.-based operator of convenience stores and retail fuel outlets. According to the Federal Trade Commission’s complaint, the acquisition would harm competition for both retail gasoline and retail diesel in five local markets in New York State: Farmington, Fayetteville, Johnson City, Rochester, and Whitney Point. In four of the five local gasoline retail markets, the proposed acquisition would reduce the number of significant competitors from three to two. In the fifth, it would reduce the number from four to three. In three of the five retail diesel markets, the proposed acquisition would result in a merger to monopoly. In the fourth, the proposed acquisition would reduce the number of significant competitors from three to two. In the fifth, the proposed acquisition would reduce the number of significant competitors from four to three. The complaint alleges that, without a remedy, the acquisition would substantially lessen competition for the retail sale of gasoline and diesel in these five local markets. Retail fuel outlets compete on price, store format, product offerings, and location. They also pay close attention to nearby competitors that share similar store characteristics and face similar traffic flow of potential customers. The acquisition would increase the likelihood that Marathon could unilaterally raise prices in each of the five local markets, and also would enhance the incentives for interdependent behavior in all five local markets. Under the terms of the proposed consent order, Marathon would be required to divest to Sunoco retail fuel assets in Farmington, Fayetteville, Johnson City, Rochester, and Whitney Point within 90 days after the acquisition is completed. Marathon and Express Mart would be required to maintain the competitiveness of the divestiture assets during the divestiture process. Further details about the consent agreement, which includes an asset maintenance order and allows the Commission to appoint a monitor trustee, are set forth in the analysis to aid public comment for this matter. FTC staff worked closely with the New York State Attorney General’s office on this matter. The Commission vote to issue the complaint and accept the proposed consent order for public comment was 5-0. The FTC will publish the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through Nov. 26, 2018, after which the Commission will decide whether to make the proposed consent order final. Comments can be filed electronically or in paper form by following the instructions in the “Supplementary Information” section of the Federal Register notice. NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $41,484. At FTC’s Request, Court Stops False Advertising and Unauthorized Billing Scheme Redwood Scientific allegedly made false health claims for dissolvable oral strips, enrolled consumers in a continuity plan without their authorization At the Federal Trade Commission’s request, a federal district court in California has temporarily halted a company’s advertising of three dissolvable oral film strips that the Commission alleges were deceptively marketed as effective smoking cessation, weight-loss, and sexual-performance aids. The court has also temporarily halted the company from enrolling consumers in any auto-ship continuity plan without the consumer’s express informed consent. According to the Commission’s complaint, three individuals, Jason Cardiff, Eunjung Cardiff, and Danielle Cadiz, and seven closely related corporate entities orchestrated a scheme under the name Redwood Scientific Technologies, through which they deceptively marketed the three products. The FTC contends that the products did not live up to the claims Redwood Scientific made, that consumers who bought Redwood Scientific’s oral film strips often were enrolled in auto-ship continuity plans without their consent, and that consumers were stymied in returning them for the “guaranteed” refund promised. The complaint also alleges that the Redwood Scientific defendants engaged in illegal telemarketing and misstated earnings claims for a multi-level marketing program. The Defendants’ Products and Advertising The defendants advertised TBX-FREE as a highly effective smoking-cessation product through a national infomercial campaign and on the Internet, using websites and Facebook Live videos. The complaint alleges that they deceptively claimed, among other things, that TBX-FREE has “an 88% Success Rate,” is “More effective than the Patch or Gum,” and has been “Clinically Proven” to be effective in studies published in several well-known scientific journals, including the New England Journal of Medicine. The complaint also alleges that the defendants touted Eupepsia Thin as causing substantial weight loss without dieting or exercising, including through claims that users can “lose up to 15 pounds your first month... without diets or changing your food or lifestyle choices,” and “lose 10, 20, even 100 pounds without giving up your favorite foods or adding any exercise.” In addition, the FTC alleges, the defendants’ infomercial used actors posing as satisfied users of the product. The defendants advertised that Prolongz strips are a “first of a kind sexual performance product” that will “increase overall performance” and are “proven to effectively increase [intimate encounters] for 97% of the Thousands of Men” who have tried them. The ads allegedly also made unsupported claims regarding preventing or treating premature ejaculation. Deceptive and Unfair Billing Practices and Other Illegal Conduct The FTC also alleges that the defendants enrolled consumers in a negative option continuity plan without their knowledge or consent. Defendants allegedly charged consumers monthly for more product and continued to do so unless consumers took affirmative steps to cancel, and often put up roadblocks to cancelling. The complaint also alleges that the defendants did not honor their “money-back” guarantee, made illegal robocalls to pitch their products, and launched a multi-level marketing scheme for which they have made deceptive earnings claims. The complaint alleges that the defendants violated the FTC Act, the Restore Online Shopper’s Confidence Act (ROSCA), the Electronic Fund Transfer Act, and the Commission’s Telemarketing Sales Rule. In filing the complaint announced today, the FTC is seeking a court order permanently barring the defendants from their allegedly illegal conduct, as well as money to provide refunds to defrauded consumers. The Commission vote authorizing the staff to file the complaint and seek an ex parte temporary restraining order was 4-0, with Commissioner Christine Wilson not participating. The complaint was filed under seal in the U.S. District Court for the Central District of California, and the seal has now been lifted. A complete list of the three individual and seven corporate defendants named in this case can be found in thecomplaint on the FTC’s website. NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated and it appears to the Commission that a proceeding is in the public interest. The case will be decided by the court. Teva Petitions FTC to Reopen and Modify Decision and Order in Case Involving Watson Pharmaceuticals Inc.’s Acquisition of Actavis Inc. The Federal Trade Commission is currently accepting public comments on an application by Teva Pharmaceutical Industries Ltd. requesting that the Commission reopen and modify its decision and order in connection with the 2012 merger of Watson Pharmaceuticals, Inc. and Actavis Inc. The Commission alleged that the merger risked lessening future competition in the U.S. markets for a number of generic drugs, including the generic version of the abuse-resistant opioid painkiller sold under the brand name Embeda. The 2012 decision and order required Watson and Actavis to supply Embeda to Pfizer Inc. for a period not to exceed four years after Pfizer’s relaunch of Embeda, which occurred in January 2015. At the time of the 2012 decision and order, Pfizer did not have the capability to independently manufacture Embeda. The decision and order also required Watson and Actavis to assist in the transfer of technology for manufacturing Embeda to Pfizer or a third party. In 2016, Teva acquired the generic pharmaceutical business of Allergan plc, assumed Actavis’s rights and obligations under the Embeda supply agreement, and continued Watson’s plans to develop a generic version of Embeda. Teva seeks to extend, at Pfizer’s request, the Embeda supply agreement for an additional period. Teva claims that Pfizer has not yet completed the technology transfer for Embeda manufacturing to a third party and that without Teva’s supply of Embeda, Pfizer will be unable to supply patients with Embeda after December 2018. According to Teva’s application, “the public interest heavily favors removing or extending” the supply agreement past December 2018, because doing so will “preserve Pfizer’s ability to supply patients with Embeda.” Teva also claims that extending the Embeda supply agreement “will not impact Teva’s plans to introduce a generic version of Embeda.” The Commission will decide whether to approve the application after a 30-day public comment period, which expires on Nov. 23, 2018. Comments can be filed electronicallyor sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington. (FTC File No. 1210132; the staff contact is the staff contact is Elizabeth Piotrowski, Bureau of Competition, 202-326-2623.) The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about how competition benefits consumers or file an antitrust complaint. Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources. Learn About Alzheimer's Care, Support, and Research As many as 5.5 million Americans over 65 years of age suffer from Alzheimer’s Disease. Despite also affecting younger populations, increasing age is the number one factor for the disease. People with Alzheimer’s can have trouble doing everyday things, may ask the same questions over and over again, or misplace things. In some cases, some may become worried, angry, or even violent. Learn how to identify risk factors, treatments, and preventive steps. Government Jobs Lesson Plan Do your students know what they want to be when they grow up? A federal government job could be the answer and can lead to an exciting career! Your students can take an “interest assessment quiz” to help them narrow down the search for their dream job, from an intelligence officer to NASA scientist. Día de los Muertos, or Day of the Dead Day of the Dead is not the same holiday as Halloween. It is celebrated from October 31st to November 2nd, and originates in Mexico. Teach your students about the symbolism and traditions behind this holiday that celebrates life and cultural heritage every year! Fossil Exploration Are your students interested in fossils and dinosaurs? Recreation.gov has a list of all the best locations around the United States with preserved fossils that could inspire your next class field trip! Sirob Imports, Inc. Issues Recall Due to Elevated Lead in Spices Sirob Imports, Inc of Lindenhurst, NY is recalling, Corrado, Orlando Imports, Nouri’s Syrian Bakery, Mediterranean Specialty Foods Brand and Butera Fruit Market Curry Powder because it contains elevated levels of lead. Lead is a toxic substance present in our environment in small amounts and everyone is exposed to some lead from daily actions such as inhaling dust, eating food, or drinking water. In general, the small exposure to lead within the U.S. population does not pose a significant public health concern. However, exposure to larger amounts of lead can cause lead poisoning. While lead can affect nearly every bodily system, its effects depend upon the amount and duration of lead exposure and age. MedWatch - The FDA Safety Information and Adverse Event Reporting Program A new MedWatch Safety Alert: Raindrop Near Vision Inlay by RVO 2.0 (d.b.a Optics Medical): Safety Communication - Due to Increased Risk of Corneal Haze intended for: Consumer, Eye Care, Health Professional was just added to the FDA MedWatch Webpage.   You can read the complete MedWatch Safety Alert that includes recommendations at: https://www.fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm623973.htm