[Federal Register Volume 62, Number 55 (Friday, March 21, 1997)]
[Notices]
[Pages 13619-13620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7262]
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FEDERAL TRADE COMMISSION
[File No. 962-3175]
Gerber Products Company; 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 prohibit, among other things, the baby food
company from representing the extent to which doctors or other health
[[Page 13620]]
professionals recommend baby and toddler foods or from representing any
recommendation or endorsement of these products unless it has competent
and reliable evidence that substantiates the claim. Gerber also would
be prohibited from misrepresenting any survey or research. The
complaint accompanying the consent agreement alleges that Gerber
claimed that four out of five pediatricians recommend Gerber baby food,
when in fact, the study on which Gerber relied showed that only 12
percent of the pediatricians surveyed recommended Gerber.
DATES: Comments must be received on or before May 20, 1997.
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: Anne Maher, Federal Trade Commission,
S-4002, 6th St. and Pa. Ave., N.W., Washington, D.C. 20580. (202) 326-
2987. Rosemary Rosso, Federal Trade Commission, S-4002, 6th St. and Pa.
Ave., NW., Washington, D.C. 20580. (202) 326-2174.
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
Commission Actions section of the FTC Home Page (for March 12, 1997),
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)).
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted an agreement to a
proposed consent order from Gerber Products Company (``Gerber'').
The proposed consent order has been placed on the public record for
sixty (60) days for 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 the comments received and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
The Commission's complaint in this matter charges Gerber with
engaging in deceptive practices in connection with the advertising of
Gerber baby and toddler foods. The television, radio and print
advertisements at issue expressly represented that ``4 out of 5
pediatricians who recommend baby food recommend Gerber.'' According to
the complaint, the advertisements falsely represented that competent
and reliable studies or surveys supported that claim. The complaint
explains that, in the survey relied upon by Gerber, 562 of the surveyed
doctors responded to the questions concerning baby food. Of these 562
pediatricians, 408 responded that they recommend baby food to their
patients at least once per week. Of the 408 pediatricians who recommend
baby food, only 76 recommend specific brands, and 67 of those
recommended Gerber. Thus, only 67 of the 408 pediatricians who
recommend baby food, or approximately 16 percent, recommend Gerber to
their patients.
The complaint also alleges that the advertising at issue made an
implied claim that approximately 4 out of 5 pediatricians recommend
Gerber. Because this claim is broader than the claim alleged above, the
base is 562, the total number of pediatricians surveyed who answered
the relevant questions. Of these 562 pediatricians, 67, or
approximately 12 percent, recommended Gerber. Therefore, according to
the complaint, this claim is unsubstantiated.
The proposed consent order contains provisions designed to remedy
the violations charged and to prevent Gerber from engaging in similar
acts and practices in the future.
Part I of the order requires Gerber not to make any representation
about the extent to which doctors or other health, nutrition, child
care, or medical professionals recommend baby or toddler food, or about
the recommendation, approval, or endorsement of such products by any
health, nutrition, child care, or medical professional, profession,
group or other such entity, unless it possesses competent and reliable
evidence, which when appropriate must be competent and reliable
scientific evidence, that substantiates the representation.
Part II prohibits Gerber, in connection with the manufacturing,
labeling, advertising, promotion, offering for sale, sale or
distribution of any baby or toddler food, from misrepresenting the
existence, contents, validity, results, conclusion or interpretations
of any survey, test, study, or research. The order does not prohibit
Gerber from making truthful, non-misleading statements about survey
results.
Part III provides that representations that would be specifically
permitted in food labeling, under regulations issued by the Food and
Drug Administration pursuant to the Nutrition Labeling and Education
Act of 1990, or by nutrition labeling regulations promulgated by the
Department of Agriculture pursuant to the Federal Meat Inspection Act
or the Poultry Products Inspection Act, are not prohibited by the
order.
Part IV requires Gerber to maintain copies of certain materials
relating to advertisements covered by the order and documents relating
to substantiation of advertisements covered by the order. Part V
requires Gerber to distribute copies of the order to certain current
and future officers and employees of the company. Part VI requires
Gerber to notify the Commission of any changes in the corporate
structure that might affect compliance with the order. Part VII
requires Gerber to file with the Commission one or more reports
detailing compliance with the order. Part VIII provides that the order
will terminate after 20 years under certain circumstances.
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.
Donald S. Clark,
Secretary.
[FR Doc. 97-7262 Filed 3-20-97; 8:45 am]
BILLING CODE 6750-01-M
