N.E.W. Plastics Corp.; Analysis of Proposed Consent Order To Aid Public Comment, 11432-11434 [2014-04380]

Download as PDF 11432 Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices information. Please allow at least five days’ advance notice; last-minute requests will be accepted, but may be impossible to fill. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2014–04459 Filed 2–27–14; 8:45 am] BILLING CODE 6712–01–P FEDERAL ELECTION COMMISSION Sunshine Act Meetings Federal Election Commission. Tuesday March 4, 2014 at 10 a.m. PLACE: 999 E Street NW., Washington, DC. STATUS: This meeting will be closed to the public. ITEMS TO BE DISCUSSED: Compliance matters pursuant to 2 U.S.C. 437g. Information the premature disclosure of which would be likely to have a considerable adverse effect on the implementation of a proposed Commission action. * * * * * PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, Telephone: (202) 694–1220. AGENCY: DATE AND TIME: Shawn Woodhead Werth, Secretary and Clerk of the Commission. [FR Doc. 2014–04545 Filed 2–26–14; 11:15 am] BILLING CODE 6715–01–P FEDERAL MARITIME COMMISSION [Docket No. 14–02] Order of Investigation and Hearing: Oceanic Bridge International, Inc. for Possible Violations of the Shipping Act of 1984 Federal Maritime Commission. Notice of Order of Investigation and Hearing. AGENCY: ACTION: The Order of Investigation and Hearing was served February 21, 2014. SUPPLEMENTARY INFORMATION: On February 21, 2014, the Federal Maritime Commission instituted an Order of Investigation and Hearing entitled Oceanic Bridge International, Inc.— Possible Violations of Section 10(a)(1) of the Shipping Act of 1984. Acting pursuant to Section 11 of the Shipping Act, 46 U.S.C. 41302, that investigation is instituted to determine: (1) Whether Oceanic Bridge International, Inc. violated section 10(a)(1) of the Shipping Act, 46 U.S.C. tkelley on DSK3SPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 17:47 Feb 27, 2014 Jkt 232001 41102(a), by knowingly and willfully, directly or indirectly, obtaining or attempting to obtain transportation at less than the rates and charges otherwise applicable by the unjust or unfair device or means of unlawfully accessing a service contract to which it was neither a signatory nor an affiliate; and, (2) whether, in the event violations of section 10(a)(1) of the Shipping Act are found, civil penalties should be assessed against Oceanic Bridge International, Inc. and, if so, the amount of the penalties to be assessed. The Order may be viewed in its entirety at https://www.fmc.gov/14-02. Authority: 46 U.S.C. 41302. Karen V. Gregory, Secretary. [FR Doc. 2014–04299 Filed 2–27–14; 8:45 am] BILLING CODE 6730–01–P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 17, 2014. A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198–0001: 1. Fred Otten, Norfolk, Nebraska; to acquire voting shares of First National Agency, Inc., and thereby indirectly acquire voting shares of First Nebraska Bank of Wayne, both in Wayne, Nebraska. Board of Governors of the Federal Reserve System, February 25, 2014. Michael J. Lewandowski, Associate Secretary of the Board. [FR Doc. 2014–04401 Filed 2–27–14; 8:45 am] BILLING CODE 6210–01–P PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 FEDERAL TRADE COMMISSION [File No. 132 3126] N.E.W. Plastics Corp.; Analysis of Proposed Consent Order To Aid Public Comment Federal Trade Commission. Proposed consent agreement. AGENCY: ACTION: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the draft complaint 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 March 24, 2014. ADDRESSES: Interested parties may file a comment at https:// ftcpublic.commentworks.com/ftc/ newplasticsconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘N.E.W. Plastics Corp.,— Consent Agreement; File No. 132 3126’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ newplasticsconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Elisa Jillson, Bureau of Consumer Protection, (202–326–3001), 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing 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 thirty (30) 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 February 21, 2014), on the World Wide Web, at https:// www.ftc.gov/os/actions.shtm. A paper SUMMARY: E:\FR\FM\28FEN1.SGM 28FEN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices copy can be obtained from the FTC Public Reference Room, Room 130–H, 600 Pennsylvania Avenue NW., Washington, DC 20580, either in person or by calling (202) 326–2222. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before March 24, 2014. Write ‘‘N.E.W. Plastics Corp.,—Consent Agreement; File No. 132 3126’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at https://www.ftc.gov/os/ publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone’s Social Security number, date of birth, driver’s license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which . . . is privileged or confidential,’’ as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to 1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Mar<15>2010 17:47 Feb 27, 2014 Jkt 232001 heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ newplasticsconsent by following the instructions on the web-based form. If this Notice appears at https:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘N.E.W. Plastics Corp.,—Consent Agreement; File No. 132 3126’’ on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue NW., Washington, DC 20580. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at https://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before March 24, 2014. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at https://www.ftc.gov/ftc/privacy.htm. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, an agreement containing a consent order from N.E.W. Plastics Corp., a corporation (‘‘Respondent’’). The proposed consent order has been placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period will become part of the public record. After thirty (30) 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. This matter addresses allegedly deceptive green claims that Respondent made while promoting two brands of plastic lumber products, Evolve and Trimax, to retailers, independent distributors and end-use consumers. According to the FTC complaint, Respondent marketed (1) Evolve products as made from 90% or more recycled content; (2) Trimax products as made from mostly post-consumer PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 11433 recycled content; and (3) both Trimax and Evolve as recyclable. The complaint alleges first that each of these claims is false and misleading. It also alleges that Respondent did not possess or rely upon a reasonable basis to substantiate these representations. Finally, it alleges that Respondent provided its retailers and distributors with deceptive promotional materials, i.e., the means and instrumentalities to deceive consumers. Thus, the three-count complaint alleges that Respondent engaged in deceptive practices in violation of Section 5(a) of the FTC Act. The proposed consent order contains several provisions designed to prevent Respondent from engaging in similar acts and practices in the future. Part I prohibits N.E.W. from making representations regarding the recycled content, the post-consumer recycled content, or the environmental benefit of any product or package unless they are true, not misleading, and substantiated by competent and reliable evidence. Part I further provides that if, in general, experts in the relevant scientific field would conclude it necessary, such evidence must be competent and reliable scientific evidence. Consistent with the Guides for the Use of Environmental Marketing Claims (‘‘Green Guides’’), 16 CFR 260.13(b), Part I specifically requires N.E.W. to substantiate recycled content claims by demonstrating that such recycled content is composed of materials that were recovered or otherwise diverted from the waste stream. Part II prohibits N.E.W. from making an unqualified claim that any product or package is recyclable unless: (1) The item, excluding minor incidental components, can be recycled in an established recycling program, and (2) recycling facilities that accept the item are available to at least 60% of consumers or communities where it is sold. If recycling facilities are available to fewer than 60%, consistent with the Green Guides, 16 CFR 260.12(b), Part II requires N.E.W. to qualify its claim regarding the availability of recycling facilities. Part II requires such claims to be true, not misleading, and substantiated by competent and reliable evidence. It further provides that if, in general, experts in the relevant scientific field would conclude it necessary, such evidence must be competent and reliable scientific evidence. Finally, Part II provides that if Respondent promotes as recyclable at item that is only partially recyclable, Respondent must disclose the part or portion of the product or package that is recyclable. Part III prohibits N.E.W. from providing others with the means and E:\FR\FM\28FEN1.SGM 28FEN1 11434 Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices instrumentalities to make any false, unsubstantiated, or otherwise misleading representation of material fact regarding any product or package. Part IV requires N.E.W. to deliver a letter to its distributors and retailers that instructs them to stop using Evolve and Trimax plastic lumber advertising and marketing materials provided by N.E.W. prior to December 2013. This requirement seeks to ensure that deceptive claims will be entirely removed from the market. Parts V through IX are reporting and compliance provisions. Part V requires Respondent to keep (and make available to the Commission on request): Copies of advertisements and promotional materials containing the representations covered by the order; materials relied upon in disseminating those representations; evidence that contradicts, qualifies, or calls into question the representations, or the basis relied upon for the representations. Part VI requires dissemination of the order now and in the future to principals, officers, directors, and managers, and to all current and future employees, agents, and representatives having responsibilities relating to the subject matter of the order. It also requires Respondent to maintain and make available to the FTC all acknowledgments of receipt of the order. Part VII requires notification to the FTC of changes in corporate status. Part VIII mandates that Respondent submit an initial compliance report to the FTC and make available to the FTC subsequent reports. Part IX is a provision terminating the order after twenty (20) years, with certain exceptions. The purpose of this analysis is to aid public comment on the proposed consent order. It is not intended to constitute an official interpretation of the proposed order or to modify its terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2014–04380 Filed 2–27–14; 8:45 am] tkelley on DSK3SPTVN1PROD with NOTICES BILLING CODE 6750–01–P VerDate Mar<15>2010 17:47 Feb 27, 2014 Jkt 232001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS–10203] Agency Information Collection Activities: Proposed Collection; Comment Request Centers for Medicare & Medicaid Services, HHS. ACTION: Notice. AGENCY: The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS’ intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency’s functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. DATES: Comments must be received by April 29, 2014. ADDRESSES: When commenting, please reference the document identifier or OMB control number (OCN). To be assured consideration, comments and recommendations must be submitted in any one of the following ways: 1. Electronically. You may send your comments electronically to https:// www.regulations.gov. Follow the instructions for ‘‘Comment or Submission’’ or ‘‘More Search Options’’ to find the information collection document(s) that are accepting comments. 2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number lll, Room C4–26– 05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following: 1. Access CMS’ Web site address at https://www.cms.hhs.gov/ PaperworkReductionActof1995. 2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to Paperwork@cms.hhs.gov. 3. Call the Reports Clearance Office at (410) 786–1326. FOR FURTHER INFORMATION CONTACT: Reports Clearance Office at (410) 786– 1326 SUPPLEMENTARY INFORMATION: Contents This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection’s supporting statement and associated materials (see ADDRESSES). CMS–10203 Medicare Health Outcomes Survey Under the PRA (44 U.S.C. 3501– 3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice. Information Collection 1. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Medicare Health Outcomes Survey (HOS); Use: The collection of Medicare Health Outcomes Survey (HOS) is necessary to hold Medicare managed care contracts accountable for the quality of care they deliver to beneficiaries. This reporting requirement allows us to obtain the information necessary for proper oversight of the Medicare Advantage program. It is critical to our mission that E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11432-11434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04380]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[File No. 132 3126]


N.E.W. Plastics Corp.; Analysis of Proposed Consent Order To Aid 
Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

-----------------------------------------------------------------------

SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices. The attached Analysis of Proposed Consent Order to Aid 
Public Comment describes both the allegations in the draft complaint 
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 March 24, 2014.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/newplasticsconsent online or on paper, 
by following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``N.E.W. Plastics 
Corp.,--Consent Agreement; File No. 132 3126'' on your comment and file 
your comment online at https://ftcpublic.commentworks.com/ftc/newplasticsconsent by following the instructions on the web-based form. 
If you prefer to file your comment on paper, mail or deliver your 
comment to the following address: Federal Trade Commission, Office of 
the Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Elisa Jillson, Bureau of Consumer 
Protection, (202-326-3001), 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreement 
containing 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 thirty (30) 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 February 21, 2014), on the World Wide Web, 
at https://www.ftc.gov/os/actions.shtm. A paper

[[Page 11433]]

copy can be obtained from the FTC Public Reference Room, Room 130-H, 
600 Pennsylvania Avenue NW., Washington, DC 20580, either in person or 
by calling (202) 326-2222.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before March 24, 2014. 
Write ``N.E.W. Plastics Corp.,--Consent Agreement; File No. 132 3126'' 
on your comment. Your comment--including your name and your state--will 
be placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the 
Commission tries to remove individuals' home contact information from 
comments before placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone's Social Security number, 
date of birth, driver's license number or other state identification 
number or foreign country equivalent, passport number, financial 
account number, or credit or debit card number. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which . . . is privileged or confidential,'' as discussed in Section 
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
---------------------------------------------------------------------------

    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/newplasticsconsent by following the instructions on the web-based 
form. If this Notice appears at https://www.regulations.gov/#!home, you 
also may file a comment through that Web site.
    If you file your comment on paper, write ``N.E.W. Plastics Corp.,--
Consent Agreement; File No. 132 3126'' on your comment and on the 
envelope, and mail or deliver it to the following address: Federal 
Trade Commission, Office of the Secretary, Room H-113 (Annex D), 600 
Pennsylvania Avenue NW., Washington, DC 20580. If possible, submit your 
paper comment to the Commission by courier or overnight service.
    Visit the Commission Web site at https://www.ftc.gov to read this 
Notice and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public 
comments to consider and use in this proceeding as appropriate. The 
Commission will consider all timely and responsive public comments that 
it receives on or before March 24, 2014. You can find more information, 
including routine uses permitted by the Privacy Act, in the 
Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order from N.E.W. Plastics Corp., a corporation (``Respondent'').
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) 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.
    This matter addresses allegedly deceptive green claims that 
Respondent made while promoting two brands of plastic lumber products, 
Evolve and Trimax, to retailers, independent distributors and end-use 
consumers. According to the FTC complaint, Respondent marketed (1) 
Evolve products as made from 90% or more recycled content; (2) Trimax 
products as made from mostly post-consumer recycled content; and (3) 
both Trimax and Evolve as recyclable. The complaint alleges first that 
each of these claims is false and misleading. It also alleges that 
Respondent did not possess or rely upon a reasonable basis to 
substantiate these representations. Finally, it alleges that Respondent 
provided its retailers and distributors with deceptive promotional 
materials, i.e., the means and instrumentalities to deceive consumers. 
Thus, the three-count complaint alleges that Respondent engaged in 
deceptive practices in violation of Section 5(a) of the FTC Act.
    The proposed consent order contains several provisions designed to 
prevent Respondent from engaging in similar acts and practices in the 
future. Part I prohibits N.E.W. from making representations regarding 
the recycled content, the post-consumer recycled content, or the 
environmental benefit of any product or package unless they are true, 
not misleading, and substantiated by competent and reliable evidence. 
Part I further provides that if, in general, experts in the relevant 
scientific field would conclude it necessary, such evidence must be 
competent and reliable scientific evidence. Consistent with the Guides 
for the Use of Environmental Marketing Claims (``Green Guides''), 16 
CFR 260.13(b), Part I specifically requires N.E.W. to substantiate 
recycled content claims by demonstrating that such recycled content is 
composed of materials that were recovered or otherwise diverted from 
the waste stream.
    Part II prohibits N.E.W. from making an unqualified claim that any 
product or package is recyclable unless: (1) The item, excluding minor 
incidental components, can be recycled in an established recycling 
program, and (2) recycling facilities that accept the item are 
available to at least 60% of consumers or communities where it is sold. 
If recycling facilities are available to fewer than 60%, consistent 
with the Green Guides, 16 CFR 260.12(b), Part II requires N.E.W. to 
qualify its claim regarding the availability of recycling facilities. 
Part II requires such claims to be true, not misleading, and 
substantiated by competent and reliable evidence. It further provides 
that if, in general, experts in the relevant scientific field would 
conclude it necessary, such evidence must be competent and reliable 
scientific evidence. Finally, Part II provides that if Respondent 
promotes as recyclable at item that is only partially recyclable, 
Respondent must disclose the part or portion of the product or package 
that is recyclable.
    Part III prohibits N.E.W. from providing others with the means and

[[Page 11434]]

instrumentalities to make any false, unsubstantiated, or otherwise 
misleading representation of material fact regarding any product or 
package.
    Part IV requires N.E.W. to deliver a letter to its distributors and 
retailers that instructs them to stop using Evolve and Trimax plastic 
lumber advertising and marketing materials provided by N.E.W. prior to 
December 2013. This requirement seeks to ensure that deceptive claims 
will be entirely removed from the market.
    Parts V through IX are reporting and compliance provisions. Part V 
requires Respondent to keep (and make available to the Commission on 
request): Copies of advertisements and promotional materials containing 
the representations covered by the order; materials relied upon in 
disseminating those representations; evidence that contradicts, 
qualifies, or calls into question the representations, or the basis 
relied upon for the representations. Part VI requires dissemination of 
the order now and in the future to principals, officers, directors, and 
managers, and to all current and future employees, agents, and 
representatives having responsibilities relating to the subject matter 
of the order. It also requires Respondent to maintain and make 
available to the FTC all acknowledgments of receipt of the order. Part 
VII requires notification to the FTC of changes in corporate status. 
Part VIII mandates that Respondent submit an initial compliance report 
to the FTC and make available to the FTC subsequent reports. Part IX is 
a provision terminating the order after twenty (20) years, with certain 
exceptions.
    The purpose of this analysis is to aid public comment on the 
proposed consent order. It is not intended to constitute an official 
interpretation of the proposed order or to modify its terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014-04380 Filed 2-27-14; 8:45 am]
BILLING CODE 6750-01-P
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