Darden Restaurants, Inc., GMRI, Inc., and Darden GC Corp.; Analysis of Proposed Consent Order To Aid Public Comment, 17552-17553 [E7-6610]

Download as PDF 17552 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices FEDERAL RESERVE SYSTEM FEDERAL TRADE COMMISSION Formations of, Acquisitions by, and Mergers of Bank Holding Companies [File No. 062 3112] sroberts on PROD1PC70 with NOTICES The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 3, 2007. A. Federal Reserve Bank of Chicago (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: 1. Fox River Financial Corporation, Burlington, Wisconsin; to become a bank holding company by acquiring 100 percent of the voting shares of Fox River State Bank, Burlington, Wisconsin. Board of Governors of the Federal Reserve System, April 4, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7–6603 Filed 4–6–07; 8:45 am] BILLING CODE 6210–01–S VerDate Aug<31>2005 18:21 Apr 06, 2007 Jkt 211001 Darden Restaurants, Inc., GMRI, Inc., and Darden GC Corp.; Analysis of Proposed Consent Order To Aid Public Comment Federal Trade Commission. Proposed Consent Agreement. AGENCY: ACTION: 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 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 May 2, 2007. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Darden, Inc., File No. 062 3112,’’ to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 159–H, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing confidential material must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to email messages directed to the following email box: consentagreement@ftc.gov. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at http://www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at http://www.ftc.gov/ ftc/privacy.htm. FOR FURTHER INFORMATION CONTACT: Lucy Morris or Jonathan Kraden, Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326–3224. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission 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 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 April 3, 2007), on the World Wide Web, at http://www.ftc.gov/ os/2007/04/index.htm. A paper 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. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission has accepted, subject to final approval, an agreement containing a consent order from Darden Restaurants, Inc., GMRI, Inc., and Darden GC Corp. (collectively, ‘‘respondents’’ or ‘‘Darden’’). 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 E:\FR\FM\09APN1.SGM 09APN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreement’s proposed order. Respondents, through subsidiaries, own and operate several restaurant chains, including Olive Garden Restaurant, Red Lobster Restaurant, Smokey Bones Restaurant, and Bahama Breeze Restaurant. Respondents advertise, sell, and distribute Darden Gift Cards through their restaurants and Web sites, and third parties. Darden Gift Cards are plastic, stored-value cards, similar in size and shape to credit or debit cards, often branded with one or more of Darden’s restaurant logos. Darden Gift Cards typically can be used to purchase goods or services at any of Darden’s restaurant locations. This matter concerns the respondents’ alleged failure to disclose, or failure to disclose adequately, material terms and conditions of Darden Gift Cards. The Commission’s complaint alleges that, in the advertising and sale of Darden Gift Cards, respondents have represented, expressly or by implication, that a consumer can redeem a Darden Gift Card for goods or services of an equal value to the monetary amount placed on the card. Respondents have failed to disclose, or failed to disclose adequately, that, after a specified number of consecutive months of non-use (i.e., 15 or 24 months), respondents deduct a $1.50 fee per month from the value of the Darden Gift Card until it is used again. The proposed complaint alleges that the failure to disclose adequately this material fact is a deceptive practice. The proposed consent order contains provisions designed to prevent respondents from engaging in similar acts and practices in the future. Part I.A. of the proposed order prohibits respondents from advertising or selling Darden Gift Cards without disclosing, clearly and prominently: (a) The existence of any expiration date or automatic fees, in all advertising, and (b) all material terms and conditions of any expiration date or automatic fee, at the point of sale and prior to purchase. The effect of this provision is to require respondents to alert consumers to potential fees and expiration dates during advertising, and to fully disclose all relevant details at the point of sale, before consumers purchase the gift cards. Part I.B. of the proposed order prohibits respondents from advertising or selling Darden Gift Cards without disclosing, clearly and prominently the existence of any automatic fee or expiration date on the front of the gift card. VerDate Aug<31>2005 18:21 Apr 06, 2007 Jkt 211001 Part II of the proposed order prohibits respondents from making any misrepresentation about any material term or condition associated with the Darden Gift Card. Part III.A. of the proposed order prohibits respondents from collecting or attempting to collect any dormancy fee on any Darden Gift Card activated prior to the date of issuance of the proposed order. Part III.B. of the proposed order requires respondents, upon issuance of the order, to cause the amount of any fees assessed on a Darden Gift Card prior to the date of issuance of the order to be restored to the card. Part III.C. of the proposed order requires respondents to provide notice to consumers of the automatic restoration of fees required by Section III.B. This notice must be clearly and prominently disclosed on respondents’ websites, including http:// www.darden.com, http:// www.dardenrestaurants.com, http:// www.redlobster.com, http:// www.olivegarden.com, http:// www.smokeybones.com, and http:// www.bahamabreeze.com. Part IV of the proposed order contains a document retention requirement, the purpose of which is to ensure compliance with the proposed order. It requires that respondents maintain accounting and sales records for Darden Gift Cards, copies of ads and promotional material that contain representations covered by the proposed order, complaints and refund requests relating to the Darden Gift Cards, and other materials that were relied upon by respondents in complying with the proposed order. Part V of the proposed order requires respondents to distribute copies of the order to various principals, officers, directors, and managers of respondents as well as to the officers, directors, and managers of any third-party vendor who engages in conduct related to the proposed order. Part VI of the proposed order requires respondents to notify the Commission of any changes in corporate structure that might affect compliance with the order. Part VII of the proposed order requires respondents to file with the Commission one or more reports detailing compliance with the order. Part VIII of the proposed order is a ‘‘sunset’’ provision, dictating the conditions under which the order will terminate twenty years from the date it is issued or twenty years after a complaint is filed in Federal court, by either the United States or the FTC, alleging any violation of the order. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 17553 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 proposed order or to modify in any way its terms. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E7–6610 Filed 4–6–07; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day–07–06AX] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention (CDC) publishes a list of information collection requests under review by the Office of Management and Budget (OMB) in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at (404) 639–5960 or send an email to omb@cdc.gov. Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to (202) 395–6974. Written comments should be received within 30 days of this notice. Proposed Project Risk Perception, Worry, and Use of Ovarian Cancer Screening Among Women At High, Elevated, and Average Risk of Ovarian Cancer—NEW— National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC). Background and Brief Description Accounting for an estimated 22,220 cases and 16,210 deaths in 2005, ovarian cancer is the most frequent cause of death from gynecologic malignancy in the United States. In over 80 percent of patients, ovarian cancer presents at a late clinical stage, affording a five-year survival rate of only 28 percent. For cases where ovarian cancer is identified in Stage I, however, the five-year survival rate exceeds 90 percent. Identifying a woman’s risk of ovarian cancer plays a large role in determining the appropriateness of having her undergo screening. It is only for women with a strong family history of ovarian and/or breast cancer or women with a E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17552-17553]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6610]


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

FEDERAL TRADE COMMISSION

[File No. 062 3112]


Darden Restaurants, Inc., GMRI, Inc., and Darden GC 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 or unfair methods of competition. The attached Analysis 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 May 2, 2007.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Darden, Inc., File No. 062 3112,'' to 
facilitate the organization of comments. A comment filed in paper form 
should include this reference both in the text and on the envelope, and 
should be mailed or delivered to the following address: Federal Trade 
Commission/Office of the Secretary, Room 159-H, 600 Pennsylvania 
Avenue, NW., Washington, DC 20580. Comments containing confidential 
material must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with Commission Rule 4.9(c). 16 CFR 
4.9(c) (2005).\1\ The FTC is requesting that any comment filed in paper 
form be sent by courier or overnight service, if possible, because U.S. 
postal mail in the Washington area and at the Commission is subject to 
delay due to heightened security precautions. Comments that do not 
contain any nonpublic information may instead be filed in electronic 
form as part of or as an attachment to email messages directed to the 
following e-mail box: consentagreement@ftc.gov.
---------------------------------------------------------------------------

    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
---------------------------------------------------------------------------

    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at http://www.ftc.gov. As a matter of discretion, the FTC 
makes every effort to remove home contact information for individuals 
from the public comments it receives before placing those comments on 
the FTC website. More information, including routine uses permitted by 
the Privacy Act, may be found in the FTC's privacy policy, at http://
www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Lucy Morris or Jonathan Kraden, Bureau 
of Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 
20580, (202) 326-3224.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  2.34 of 
the Commission 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 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 April 3, 2007), on the World Wide Web, at http://www.ftc.gov/os/
2007/04/index.htm. A paper 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.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from Darden 
Restaurants, Inc., GMRI, Inc., and Darden GC Corp. (collectively, 
``respondents'' or ``Darden'').
    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

[[Page 17553]]

agreement and the comments received, and will decide whether it should 
withdraw from the agreement or make final the agreement's proposed 
order.
    Respondents, through subsidiaries, own and operate several 
restaurant chains, including Olive Garden Restaurant, Red Lobster 
Restaurant, Smokey Bones Restaurant, and Bahama Breeze Restaurant. 
Respondents advertise, sell, and distribute Darden Gift Cards through 
their restaurants and Web sites, and third parties. Darden Gift Cards 
are plastic, stored-value cards, similar in size and shape to credit or 
debit cards, often branded with one or more of Darden's restaurant 
logos. Darden Gift Cards typically can be used to purchase goods or 
services at any of Darden's restaurant locations. This matter concerns 
the respondents' alleged failure to disclose, or failure to disclose 
adequately, material terms and conditions of Darden Gift Cards.
    The Commission's complaint alleges that, in the advertising and 
sale of Darden Gift Cards, respondents have represented, expressly or 
by implication, that a consumer can redeem a Darden Gift Card for goods 
or services of an equal value to the monetary amount placed on the 
card. Respondents have failed to disclose, or failed to disclose 
adequately, that, after a specified number of consecutive months of 
non-use (i.e., 15 or 24 months), respondents deduct a $1.50 fee per 
month from the value of the Darden Gift Card until it is used again. 
The proposed complaint alleges that the failure to disclose adequately 
this material fact is a deceptive practice.
    The proposed consent order contains provisions designed to prevent 
respondents from engaging in similar acts and practices in the future.
    Part I.A. of the proposed order prohibits respondents from 
advertising or selling Darden Gift Cards without disclosing, clearly 
and prominently: (a) The existence of any expiration date or automatic 
fees, in all advertising, and (b) all material terms and conditions of 
any expiration date or automatic fee, at the point of sale and prior to 
purchase. The effect of this provision is to require respondents to 
alert consumers to potential fees and expiration dates during 
advertising, and to fully disclose all relevant details at the point of 
sale, before consumers purchase the gift cards.
    Part I.B. of the proposed order prohibits respondents from 
advertising or selling Darden Gift Cards without disclosing, clearly 
and prominently the existence of any automatic fee or expiration date 
on the front of the gift card.
    Part II of the proposed order prohibits respondents from making any 
misrepresentation about any material term or condition associated with 
the Darden Gift Card.
    Part III.A. of the proposed order prohibits respondents from 
collecting or attempting to collect any dormancy fee on any Darden Gift 
Card activated prior to the date of issuance of the proposed order.
    Part III.B. of the proposed order requires respondents, upon 
issuance of the order, to cause the amount of any fees assessed on a 
Darden Gift Card prior to the date of issuance of the order to be 
restored to the card.
    Part III.C. of the proposed order requires respondents to provide 
notice to consumers of the automatic restoration of fees required by 
Section III.B. This notice must be clearly and prominently disclosed on 
respondents' websites, including http://www.darden.com, http://
www.dardenrestaurants.com, http://www.redlobster.com, http://
www.olivegarden.com, http://www.smokeybones.com, and http://
www.bahamabreeze.com.
    Part IV of the proposed order contains a document retention 
requirement, the purpose of which is to ensure compliance with the 
proposed order. It requires that respondents maintain accounting and 
sales records for Darden Gift Cards, copies of ads and promotional 
material that contain representations covered by the proposed order, 
complaints and refund requests relating to the Darden Gift Cards, and 
other materials that were relied upon by respondents in complying with 
the proposed order.
    Part V of the proposed order requires respondents to distribute 
copies of the order to various principals, officers, directors, and 
managers of respondents as well as to the officers, directors, and 
managers of any third-party vendor who engages in conduct related to 
the proposed order.
    Part VI of the proposed order requires respondents to notify the 
Commission of any changes in corporate structure that might affect 
compliance with the order.
    Part VII of the proposed order requires respondents to file with 
the Commission one or more reports detailing compliance with the order.
    Part VIII of the proposed order is a ``sunset'' provision, 
dictating the conditions under which the order will terminate twenty 
years from the date it is issued or twenty years after a complaint is 
filed in Federal court, by either the United States or the FTC, 
alleging any violation of 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 proposed order or to modify in any way its terms.

    By direction of the Commission.
Donald S. Clark,
Secretary.
 [FR Doc. E7-6610 Filed 4-6-07; 8:45 am]
BILLING CODE 6750-01-P