[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Notices]
[Pages 55730-55731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26844]
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FEDERAL TRADE COMMISSION
[File No. 982 3046]
Conopco, Inc; Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint that accompanies the consent agreement and the terms of the
[[Page 55731]]
consent order--embodied in the consent agreement--that would settle
these allegations.
DATES: Comments must be received on or before December 13, 1999.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 600 Pennsylvania Ave., NW, Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Linda Badger, Kerry O'Brien or Matthew
Gold, Federal Trade Commission, Western Regional Office, 901 Market
St., Suite 570, San Francisco, CA 94103. (415) 356-5270.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and section 2.34 of
the Commission's Rules of Practice (16 CFR 2.34), notice is hereby
given that the above-captioned consent agreement containing a consent
order to cease and desist, having been filed with and accepted, subject
to final approval, by the Commission, has been placed on the public
record for a period of sixty (60) days. The following Analysis to Aid
Public Comment describes the terms of the consent agreement, and the
allegations in the complaint. An electronic copy of the full text of
the consent agreement package can be obtained from the FTC Home Page
(for September 15, 1999), on the World Wide Web, at ``htt;://
www.ftc.gov/os/actions97.htm.'' A paper copy can be obtained from the
FTC Public Reference Room, Room H-130, 600 Pennsylvania Avenue, NW,
Washington, DC 20580, either in person or by calling (202) 326-3627.
Public comment is invited. Comments should be directed to: FTC/
Office of the Secretary, Room 159, 600 Pennsylvania Ave., NW,
Washington, DC 20580. Two paper copies of each comment should be filed,
and should be accompanied, if possible, by a 3\1/2\ inch diskette
containing an electronic copy of the comment. Such comments or views
will be considered by the Commission and will be available for
inspection and copying at its principal office in accordance with
section 4.9(b)(6)(ii) of the Commission's Rules of Practice (16 CFR
4.9(b)(6)(ii)).
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted an agreement, subject to
final approval, to a proposed consent order from Conopco, Inc.
(``Conopco''). Through its numerous divisions, such as Unilever Home &
Personal Care USA, Conopco manufactures and markets a large line of
home and personal care products.
The proposed consent order has been placed on the public record for
sixty (60) days for the reception of comments by interested persons.
Comments received during this period will become part of the public
record. After sixty (60) days, the Commission will again review the
agreement and any comments received and will decide whether it should
withdraw from the agreement and take other appropriate action or make
final the agreement's proposed order.
This matter has focused on Conopco's advertisements for Vaseline
Brand Intensive Care Antibacterial Hand Lotion (``VOCAL''). The
Commission's complaint challenges claims made in television, print, and
product label advertisements. Specifically, the complaint alleges that
Conopco lacked substantiation for its claims that VICAL: (1) Stops
germs on hands longer than washing alone; (2) Provides continuous
protection from germs for hours; and (3) Is effective against disease-
causing germs, such as cold and flu viruses. According to the
complaint, while VICAL can reduce the number of germs on a user's
hands, the degree and duration of germ protection have not been
scientifically established. Also, according to the complaint, VICAL has
not been proven effective against many disease-causing germs, including
cold and flu viruses, which are the cause of the most common diseases
suffered by consumers.
The proposed consent order contains provisions designed to remedy
the violations charged and to prevent the respondent from engaging in
similar acts and practices in the future. Part I of the proposed order
would require that Conopco possess and rely upon competent and reliable
scientific evidence for any claim that VICAL or any other antimicrobial
product: (1) Is as effective as, or is more effective than, washing
alone in protecting users against germs; (2) has a continuous effect
against germs; (3) has any effect on any specific germ; and (4) treats,
cures, alleviates the symptoms of, prevents, or reduces the risk of
developing any disease or disorder, such as colds, allergies,
influenza, or food-borne illnesses. As set out in Part III of the
proposed order, Part I will not apply to any product sold or
distributed to consumers by third parties under private labeling
agreements with Conopco provided, Conopco does not participate in any
manner in the funding, preparation or dissemination of the product's
advertising.
Part II of the proposed order contains language permitting Conopco
to make drug claims that have been approved by the FDA pursuant to
either a new drug application or a tentative final or final standard.
The proposed order requires Conopco to maintain materials relied
upon to substantiate claims covered by the order; to provide a copy of
the consent agreement to all employees or representatives with duties
affecting compliance with the terms of the order; to notify the
Commission of any changes in corporate structure that might affect
compliance with the order; and to file one or more reports detailing
compliance with the order.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the agreement and proposed order, or to modify in any
way their terms.
By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 99-26844 Filed 10-13-99; 8:45 am]
BILLING CODE 6750-01-M