[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Notices]
[Pages 47669-47670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23979]
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FEDERAL TRADE COMMISSION
[File No. 962-3004]
London International Group, 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
consent order--embodied in the consent agreement--that would settle
these allegations.
dates: Comments must be received on or before November 10, 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:
Jeffrey A. Klurfeld, Federal Trade Commission, San Francisco Regional
Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415)
356-5270.
Linda K. Badger, Federal Trade Commission, San Francisco Regional
Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415)
356-5275.
Kerry O'Brien, Federal Trade Commission, San Francisco Regional Office,
901 Market Street, Suite 570, San Francisco, CA 94103. (415) 356-5289.
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
[[Page 47670]]
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 September 3, 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, subject
to final approval, to a proposed consent order from respondent
London International Group, Inc. (``London International'') a New
Jersey corporation.
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 and take other appropriate action
or make final the agreement's proposed order.
London International manufactures and markets various brands of
condoms to the public, including Ramses brand condoms. The
Commission's complaint charges that respondent's advertising
contained unsubstantiated comparative strength representations.
Specifically, the complaint alleges that the respondent did not
possess adequate substantiation for claims that: (1) Ramses brand
condoms are thirty percent stronger than the leading brand; and (2)
Ramses brand condoms break thirty percent less often than the
leading brand.
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 prohibit the respondent from
making any claim about: (1) The comparative or quantifiable strength
of any condom; (2) the comparative or quantifiable risk of breakage
of any condom; or (3) the comparative or quantifiable efficacy of
any condom, unless at the time of making the claim, it possesses and
relies upon competent and reliable evidence.
Part I contains a provision that would permit respondent to make
any claim about condoms that is approved by the Food and Drug
Administration (``FDA'') without violating the settlement. This
provision, however, excludes claims that the FDA has permitted
through clearing a ``premarket notification report,'' unless the
clearance was based on a review and evaluation of the substantiation
submitted with the report.
The proposed order also requires the respondent 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 involved in the preparation and placement of the
company's advertisements, as well as to all company executives and
marketing and sales managers; 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. 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. 97-23979 Filed 9-9-97; 8:45 am]
BILLING CODE 6750-01-M
