[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Notices]
[Pages 55641-55642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27574]
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FEDERAL TRADE COMMISSION
[File No. 942-3036]
AAF-McQuay, Inc. d/b/a AAF International; Analysis To Aid Public
Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: In settlement of alleged violations of federal law prohibiting
unfair or deceptive acts or practices and unfair methods of
competition, this consent agreement, accepted subject to final
Commission approval would, among other things, require the Baltimore-
based manufacturer of filters for forced-air heating systems to possess
substantiation for all performance claims, health or other benefits
claims, and efficacy claims made for any air cleaning product in the
future. The agreement settles allegations that the respondent made
misleading claims regarding allergy relief, airborne particle removal,
and cost benefits when its filters are used in place of standard forced
air system filters, in advertisements for AAF's Dirt Demon and
ElectroKlean brand filters.
DATES: Comments must be received on or before December 27, 1996.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 6th St. and Pa. Ave., N.W., Washington, D.C. 20580.
FOR FURTHER INFORMATION CONTACT:
John Mendenhall, Federal Trade Commission, Cleveland Regional Office,
668 Euclid Avenue, Suite 520-A, Cleveland, OH 44114-3006. (216) 522-
4210
Michael Milgrom, Federal Trade Commission, Cleveland Regional Office,
668 Euclid Avenue, Suite 520-A, Cleveland, OH 44114-3006. (216) 522-
4210
Brinley Williams, Federal Trade Commission, Cleveland Regional Office,
668 Euclid Avenue, Suite 520-A, Cleveland, OH 44114-3006. (216) 522-
4210
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 accompanying complaint. An electronic copy of the
full text of the consent agreement package can be obtained from the FTC
Home page, on the World Wide Web, at ``http://www.ftc.gov/os/actions/
htm.'' A paper copy can be obtained from the FTC Public Reference Room,
Room H-130, Sixth Street and Pennsylvania Avenue, N.W., Washington,
D.C. 20580, either in person or by calling (202) 326-3627. Public
comment is invited. 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)).
[[Page 55642]]
Analysis of Proposed Consent Order To Aid Public Comment (AAF-
McQuay, Inc.)
The Federal Trade Commission has accepted, subject to final
approval, an agreement to a proposed consent order from AAF-McQuay,
Inc., d/b/a AAF International (AAF). AAF manufactures and sells air
filters for use in residential heating systems, under the brand names
ElectroKlean and Dirt Demon, among others. The proposed consent order
has been placed on the public record for sixty(60) days to receive the
comments of 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 will decide whether it
should withdraw from the agreement or make final the agreement's
proposed order.
The Commission's complaint charges that AAF deceptively advertised
that (1) use of the Dirt Demon or ElctroKlean filter will substantially
reduce the incidence of allergies caused by indoor allergens under
household living conditions; (2) the ElectroKlean and Dirt Demon remove
95% of the airborne contaminants from the air people breathe under
household conditions; (3) the Dirt Demon traps 95% of the lint, dust
and pollen from the household air passing through it; and (4) the Dirt
Demon is six times as efficient at removing pollutants as a standard
air filter. The complaint charges that AAF lacked substantiation for
these claims.
The complaint also charges that AAF lacked substantiation for
claims that (1) the addition of Intersept antimicrobial to the
ElectroKlean makes air cleaner and healthier than it otherwise would be
under household living conditions; (2) the addition of Intersept
antimicrobial to the ElectroKlean inhibits the growth of microbes in
household heating and cooling systems; and (3) the addition of
Intersept antimicrobial to the Dirt Demon removes the filter as a
potential source of contamination of household air.
The complaint also charges that AAF represented the Dirt Demon to
be a HEPA (High Efficiency Particulate Air) filter when, according to
industry standards, it is not.
The proposed order contains provisions designed to prevent
misrepresentations related to these specific matters and others.
Paragraph I of the proposed order prohibits AAF from making any
representation regarding the performance, health of other benefits, or
efficacy of any air cleaning product (which is defined) unless it can
substantiate the claims with competent and reliable evidence. If the
representation states or implies a level of performance under household
conditions, then the evidence that substantiates the representation
must either be related to such conditions or must have been
extrapolated to household conditions by generally accepted procedures.
Paragraph II prohibits AAF from misrepresenting that any air filter
for insertion into household central heating systems is a HEPA (High
Efficiency Particulate Air) filter.
Paragraph III, IV, V, and VI are compliance and reporting
provisions that require AAF to maintain for five (5) years the records
on which it relies to substantiate any representation covered by the
order, to provide copies of the order to certain employees, to notify
the Commission in the event of changes in the corporation that may
affect compliance obligations arising out of the order, and to file a
compliance report with the Commission within sixty (60) days after the
order becomes final.
Paragraph VII provides that the order will terminate automatically
twenty years from the date it becomes final unless the Commission has
brought an action in federal court alleging a violation of the order.
In that case, the order will terminate twenty years from the date that
the federal court action is filed.
The purpose of this analysis is to facilitate public comment on the
proposed order. It is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
Donald S. Clark,
Secretary.
[FR Doc. 96-27574 Filed 10-25-96; 8:45 am]
BILLING CODE 6750-01-M
