[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19136]
[[Page Unknown]]
[Federal Register: August 5, 1994]
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FEDERAL TRADE COMMISSION
[Docket No. C-2858]
California and Hawaiian Sugar Company
AGENCY: Federal Trade Commission.
ACTION: Notice of period for public comment on petition to modify or
vacate consent order.
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SUMMARY: California and Hawaiian Sugar Company (``C&H''), a respondent
in Docket No. C-2858, is subject to an order prohibiting it from
representing that its granulated sugar is different or superior unless:
(a) Such difference or superiority relates to a consumer use of such
sugar which is specified in the advertisement; (b) such difference or
superiority is substantiated; and (c) such substantiation includes
competent and reliable evidence that the difference or superiority is
discernible to or of benefit to the class of consumers to whom the
representation is directed. C&H filed a petition on July 20, 1994,
requesting that the Commission reopen and modify the order to allow C&H
to advertise any truthful, nondeceptive difference between its sugar
and competing sugar (other than a difference relating to health,
safety, nutritional quality, or purity) without relating it to a
specific consumer use and proving its discernibility or benefit. In the
alternative, C&H requests that the Commission either modify the order
to allow C&H to advertise any truthful, nondeceptive difference between
its sugar and competing sugar that is substantiated by competent and
reliable evidence or that it vacate the order. This document announces
the public comment period on this petition.\1\
\1\C&H filed an earlier petition to modify or vacate this
consent order on December 16, 1993, and withdrew it on May 26, 1994.
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DATES: The deadline for filing comments in this matter is August 26,
1994.
ADDRESSES: Comments should be sent to the Office of the Secretary,
Federal Trade Commission, 6th Street and Pennsylvania Avenue, N.W.,
Washington, D.C. 20580. Requests for copies of the petition should be
sent to the Public Reference Branch, Room 130.
FOR FURTHER INFORMATION CONTACT:
Robert M. Frisby, Enforcement Division, Bureau of Consumer Protection,
Federal Trade Commission, Washington, D.C. 20580, (202) 326-2098.
SUPPLEMENTARY INFORMATION: The order in Docket No. C-2858 was published
at 42 FR 6800 on February 4, 1977, reported at 89 F.T.C. 15. C&H argues
that significant changes in constitutional law and Commission policy
since 1976 justify reopening the docket and modifying the order. C&H
maintains that the U.S. Supreme Court has extended First Amendment
protection to purely commercial speech and views as particularly
suspect prohibitions on expression such as those in the order. C&H also
contends that the burden of proof in restricting commercial speech lies
with the party seeking to restrict it and that the Commission has
provided no evidence that the order directly advances its interests in
a reasonable manner. In addition, C&H argues that since 1976 the
Commission altered its position concerning truthful comparative
advertising and now actively encourages such advertising. C&H notes
that since 1976 the Commission has adopted a ``reasonable consumer''
standard. C&H also contends that the public interest justifies
reopening and setting aside the order because consumers have a
constitutional right to receive uncensored distribution of truthful
information. Furthermore, C&H maintains that market efficiency requires
that consumers be given access to truthful information and that the
order improperly discriminates among competitors. The petition was
placed on the public record on July 27, 1994.
Donald S. Clark,
Secretary.
[FR Doc. 94-19136 Filed 8-4-94; 8:45 am]
BILLING CODE 6750-01-M
