Kellogg Company; Analysis of Proposed Consent Order to Aid Public Comment, 19092-19094 [E9-9484]

Download as PDF 19092 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices pwalker on PROD1PC71 with NOTICES 418–0530 (voice), (202) 418–0432 (TTY). The complete text of the Order may also be purchased from the Commission’s duplicating contractor, Best Company and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone (202) 863–2893, facsimile (202) 863–2898, or by e-mail fcc@bcpiweb.com, or via its Web site http://www.bcpiweb.com. Synopsis of Order 1. On January 16, 2009, the Commission released its 13th Annual Report to Congress on the status of competition in the market for the delivery of video programming. See Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, 13th Annual Report, 24 FCC Rcd 542 (2009). The Report provided information as of 2006. On the same date, the Commission released a Notice of Inquiry (NOI) soliciting 2007 data for the 14th Annual Report. See Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, Notice of Inquiry, 24 FCC Rcd 750 (2009), 74 FR 8675, February 11, 2009. The NOI initially set a deadline of February 27, 2009 for comments, and March 28, 2009 for reply comments. 2. On February 23, 2009, the Commission issued an extension of time to file comments and reply comments for 2007 data. See Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, Order, 24 FCC Rcd 2524 (2009), 74 FR 11102, March 16, 2009. As described in the extension, comments in response to the NOI seeking information as of June 30, 2007, are due on April 28, 2009, and reply comments are due on May 28, 2009. We noted that the establishment of a single set of filing deadlines for 2007 and 2008 data will avoid duplication of effort by commenters and will streamline Commission review of the submitted information, thereby conserving commenters’ and Commission resources. 3. As described in the Supplemental Notice of Inquiry that the Commission adopted on April 8, 2009, we will release a single report covering the years 2007, 2008, and 2009. Comments for 2008 data are due May 20, 2009, and reply comments are due June 20, 2009. 4. To afford commenters the opportunity to file their 2007 and 2008 information concurrently, we are hereby extending the comment periods announced in the Order to coincide with the filing deadlines we establish for the 2008 data. VerDate Nov<24>2008 15:55 Apr 24, 2009 Jkt 217001 5. Accordingly, it is ordered that, pursuant to sections 4(i), 4(j), 403 and 628(g) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 403, and 548(g), and §§ 0.061, 0.204, 0.283, and 1.46 of the rules, 47 CFR 0.061, 0.204, 0.283, and 1.46, the deadlines for responding to the Notice of Inquiry for the 14th Annual Report are extended, sua sponte, until May 20, 2009, for initial comments and June 20, 2009, for reply comments. Federal Communications Commission, Marlene H. Dortch, Secretary. [FR Doc. E9–9571 Filed 4–24–09; 8:45 am] BILLING CODE 6712–01–P 1. Terry L. Bunnell, individually and in concert with Deborah L. Bunnell, both of Glasgow, Kentucky; to acquire control of Peoples—Marion Bancorp, Inc., and thereby indirectly acquire control of The Peoples Bank, both of Marion, Kentucky. Board of Governors of the Federal Reserve System, April 22, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–9520 Filed 4–24–09; 8:45 am] BILLING CODE 6210–01–S FEDERAL TRADE COMMISSION [File No. 082 3145] FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies Kellogg Company; Analysis of Proposed Consent Order to Aid Public Comment AGENCY: 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 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 office 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 May 12, 2009. A. Federal Reserve Bank of Atlanta (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. Jessie Doyle Buffinton; Helmut Hans Cawthon; Kenneth Franklin Davis; Andrew Charles Heaner; Clinton Gray Hubbard; Stephen Curtis Klasson; Kimberly Gill Mauer; Laura Hallin Mumber; Matthew Peter Mumber; Delos Harley Yancey, III; John Demetrius Xanthos, all of Rome, Georgia; Andrew Charles Heaner, Atlanta, Georgia; and Wayne Elm Vick, Armuchee, Georgia; collectively to acquire additional voting shares of Heritage First Bancshares, Inc., and thereby indirectly acquire additional voting shares of Heritage First Bank, both of Rome, Georgia. B. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) P.O. Box 442, St. Louis, Missouri 63166–2034: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 ACTION: Federal Trade Commission. 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 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 19, 2009. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to‘‘Kellogg, File No. 082 3145’’ to facilitate the organization of comments. Please note that your comment—including your name and your state—will be placed on the public record of this proceeding, including on the publicly accessible FTC website, at (http://www.ftc.gov/os/ publiccomments.shtm). Because comments will be made public, they should not include any sensitive personal information, such as an individual’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. Comments also should not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, comments should not include any ‘‘[t]rade secret or any commercial or financial information which is obtained from any person and which is privileged E:\FR\FM\27APN1.SGM 27APN1 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices pwalker on PROD1PC71 with NOTICES or confidential. . . .,’’ as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c).1 Because paper mail addressed to the FTC is subject to delay due to heightened security screening, please consider submitting your comments in electronic form. Comments filed in electronic form should be submitted by using the following weblink: (https:// secure.commentworks.com/ftc-Kellogg) (and following the instructions on the web-based form). To ensure that the Commission considers an electronic comment, you must file it on the webbased form at the weblink: (https:// secure.commentworks.com/ftc-Kellogg). If this Notice appears at (http:// www.regulations.gov/search/index.jsp), you may also file an electronic comment through that website. The Commission will consider all comments that regulations.gov forwards to it. You may also visit the FTC website at (http:// www.ftc.gov) to read the Notice and the news release describing it. A comment filed in paper form should include the ‘‘Kellogg, File No. 082 3145‘‘ 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 H-135, 600 Pennsylvania Avenue, NW, Washington, DC 20580. 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. The Federal Trade Commission Act (‘‘FTC Act’’) and other laws 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, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at (http://www.ftc.gov/os/ 1 FTC Rule 4.2(d), 16 CFR 4.2(d). 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 FTC Rule 4.9(c), 16 CFR 4.9(c). VerDate Nov<24>2008 15:55 Apr 24, 2009 Jkt 217001 publiccomments.shtm). As a matter of discretion, the Commission 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.shtm). FOR FURTHER INFORMATION CONTACT: Heather Hippsley or Kial S. Young, Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, (202) 326–3285. 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 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 February 18, 2009), on the World Wide Web, at (http:// www.ftc.gov/os/2009/04/index.htm). A paper copy can be obtained from the FTC Public Reference Room, Room 130H, 600 Pennsylvania Avenue, NW, Washington, D.C. 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 (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, an agreement containing a consent order from Kellogg Company (‘‘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 and take PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 19093 appropriate action or make final the agreement’s proposed order. This matter involves the advertising and promotion of Kellogg’s Frosted Mini-Wheats, a well-known breakfast cereal. According to the FTC complaint, Respondent represented, in various advertisements, that eating a bowl of Kellogg’s Frosted Mini-Wheats cereal for breakfast is clinically shown to improve kids’ attentiveness by nearly 20%. The complaint alleges that this claim is false or misleading because, in fact, in the clinical study referred to in respondent’s advertisements, only about half the kids who ate Frosted MiniWheats cereal showed any improvement after three hours as compared to their pre-breakfast baseline. In addition, overall, only one in seven kids who ate the cereal improved their attentiveness by 18% or more, and only about one in nine improved by 20% or more. The FTC complaint also charges that Respondent represented, in other advertising, that eating a bowl of Kellogg’s Frosted Mini-Wheats cereal for breakfast is clinically shown to improve kids’ attentiveness by nearly 20% when compared to kids who ate no breakfast. The FTC alleges that this claim is also false or misleading, because in fact, kids in the clinical study who ate Frosted Mini-Wheats had an average of 10.6% better attentiveness three hours later than kids who had skipped breakfast. In addition, relatively few kids experienced better attentiveness near the 20% level. The proposed consent order contains provisions designed to prevent Respondent from engaging in similar acts and practices in the future. Part I of the proposed order prohibits Respondent from representing that (a) eating a bowl of Kellogg’s Frosted MiniWheats cereal for breakfast is clinically shown to improve kids’ attentiveness by nearly 20%, or any other specific percentage; and (b) eating a bowl of Kellogg’s Frosted Mini-Wheats cereal for breakfast is clinically shown to improve kids’ attentiveness by nearly 20%, or any other specific percentage, compared to kids who ate no breakfast, unless the representation is true and nonmisleading at the time it is made. Part II of the proposed order prohibits Respondent from making any representations in advertising for Frosted Mini-Wheats or any other morning food or snack food about the benefits, performance, or efficacy of the product for cognitive function, processes, or health, unless the representation is true and nonmisleading. In addition, Respondent must possess competent and reliable scientific evidence for such claims. E:\FR\FM\27APN1.SGM 27APN1 19094 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Notices Part III of the proposed order prohibits Respondent from making misrepresentations in advertising for any morning food or snack food about the existence, contents, validity, results, conclusions, or interpretations of any test, study or research. Part IV of the proposed order states that the order does not prohibit Respondent from making representations for any product that are specifically permitted in labeling for that product by regulations issues by the FDA under the Nutrition Labeling and Education Act of 1990. Parts V through VIII of the proposed order require Respondent to keep copies of relevant advertisements and materials substantiating claims made in the advertisements; to provide copies of the order to certain of their personnel; to notify the Commission of changes in corporate structure that might affect compliance obligations under the order; and to file compliance reports with the Commission. Part IX provides that the order will terminate after twenty (20) years, with certain exceptions. 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. By direction of the Commission. Donald S. Clark Secretary. [FR Doc. E9–9484 Filed 4–24–09: 8:45 am] BILLING CODE 6750–01–S GENERAL SERVICES ADMINISTRATION Public Buildings Service; Information Collection; GSA Form 3453, Application/Permit for Use of Space in Public Buildings and Grounds Public Buildings Service, GSA. Notice of request for comments regarding a renewal to an existing OMB clearance. AGENCY: pwalker on PROD1PC71 with NOTICES ACTION: SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the General Services Administration will be submitting to the Office of Management and Budget (OMB) a request to review and approve a renewal of a currently approved information collection requirement regarding GSA Form 3453, Application/ Permit for Use of Space in Public Buildings and Grounds. The clearance currently expires on April 30, 2009. 17:28 Apr 24, 2009 DATES: Submit comments on or before: June 26, 2009. FOR FURTHER INFORMATION CONTACT: Frank Giblin, Public Buildings Service, at telephone (202) 501–1856, or via e-mail to frank.giblin@gsa.gov. Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Regulatory Secretariat (VPR), General Services Administration, Room 4041, 1800 F Street, NW., Washington, DC 20405. Please cite OMB Control No. 3090–0044, GSA Form 3453, Application/Permit for Use of Space in Public Buildings and Grounds, in all correspondence. ADDRESSES: SUPPLEMENTARY INFORMATION: A. Purpose The general public uses GSA Form 3453, Application/Permit for Use of Space in Public Buildings and Grounds, to request the use of public space in Federal buildings and on Federal grounds for cultural, educational, or recreational activities. A copy, sample, or description of any material or item proposed for distribution or display must also accompany this request. B. Annual Reporting Burden [OMB Control No. 3090–0044] VerDate Nov<24>2008 Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected. Jkt 217001 Respondents: 8,000. Responses per Respondent: 1. Hours per Response: 0.05. Total Burden Hours: 400. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 3090–0044, GSA Form 3453, Application/Permit for Use of Space in Public Buildings and Grounds, in all correspondence. Dated: April 21, 2009. Philip E. Klokis, Acting Chief Information Officer. [FR Doc. E9–9490 Filed 4–24–09; 8:45 am] BILLING CODE 6820–YT–P PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–D–0179] Draft Guidance for Industry and Food and Drug Administration Staff: Technical Considerations for Pen, Jet, and Related Injectors Intended for Use With Drugs and Biological Products; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a draft guidance document entitled ‘‘Technical Considerations for Pen, Jet, and Related Injectors Intended for Use with Drugs and Biological Products.’’ The draft guidance document provides technical and scientific information for sponsors to consider in developing information to support a marketing application for a pen, jet, or related injector device intended for use with drugs or biological products. The marketing application would typically be a premarket notification submission (510(k)) or a premarket approval (PMA) application for the injector alone. For a combination product that includes the injector, the marketing application would typically be a new drug application (NDA) or a biological licensing application (BLA). DATES: Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit written or electronic comments on the draft guidance by July 27, 2009. ADDRESSES: Submit written requests for single copies of the draft guidance to the Office of Combination Products, 15800 Crabbs Branch Way, Rockville, MD 20855. Send one self-addressed adhesive label to assist the office in processing your requests. The draft guidance may also be obtained by mail by calling the Office of Combination Products at 301–427–1934 or by e-mail to combination@fda.gov. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document. Submit written comments on the draft guidance to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to http:// www.regulations.gov. E:\FR\FM\27APN1.SGM 27APN1

Agencies

[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Notices]
[Pages 19092-19094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9484]


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FEDERAL TRADE COMMISSION

[File No. 082 3145]


Kellogg Company; 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 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 19, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to``Kellogg, 
File No. 082 3145'' to facilitate the organization of comments. Please 
note that your comment--including your name and your state--will be 
placed on the public record of this proceeding, including on the 
publicly accessible FTC website, at (http://www.ftc.gov/os/publiccomments.shtm).
    Because comments will be made public, they should not include any 
sensitive personal information, such as an individual'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. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include any ``[t]rade secret or any 
commercial or financial information which is obtained from any person 
and which is privileged

[[Page 19093]]

or confidential. . . .,'' as provided in Section 6(f) of the FTC Act, 
15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 
Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c).\1\
---------------------------------------------------------------------------

    \1\ FTC Rule 4.2(d), 16 CFR 4.2(d). 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 FTC Rule 4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------

    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted by using the following weblink: (https://secure.commentworks.com/ftc-Kellogg) (and following the instructions on 
the web-based form). To ensure that the Commission considers an 
electronic comment, you must file it on the web-based form at the 
weblink: (https://secure.commentworks.com/ftc-Kellogg). If this Notice 
appears at (http://www.regulations.gov/search/index.jsp), you may also 
file an electronic comment through that website. The Commission will 
consider all comments that regulations.gov forwards to it. You may also 
visit the FTC website at (http://www.ftc.gov) to read the Notice and 
the news release describing it.
    A comment filed in paper form should include the ``Kellogg, File 
No. 082 3145`` 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 H-135, 600 Pennsylvania 
Avenue, NW, Washington, DC 20580. 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.
    The Federal Trade Commission Act (``FTC Act'') and other laws 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, 
whether filed in paper or electronic form. Comments received will be 
available to the public on the FTC website, to the extent practicable, 
at (http://www.ftc.gov/os/publiccomments.shtm). As a matter of 
discretion, the Commission 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.shtm).

FOR FURTHER INFORMATION CONTACT: Heather Hippsley or Kial S. Young, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, 
D.C. 20580, (202) 326-3285.

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 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 February 18, 2009), on the World Wide Web, at (http://www.ftc.gov/os/2009/04/index.htm). A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington, 
D.C. 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 (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order from Kellogg Company (``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 and take appropriate action or make final 
the agreement's proposed order.
    This matter involves the advertising and promotion of Kellogg's 
Frosted Mini-Wheats, a well-known breakfast cereal. According to the 
FTC complaint, Respondent represented, in various advertisements, that 
eating a bowl of Kellogg's Frosted Mini-Wheats cereal for breakfast is 
clinically shown to improve kids' attentiveness by nearly 20%. The 
complaint alleges that this claim is false or misleading because, in 
fact, in the clinical study referred to in respondent's advertisements, 
only about half the kids who ate Frosted Mini-Wheats cereal showed any 
improvement after three hours as compared to their pre-breakfast 
baseline. In addition, overall, only one in seven kids who ate the 
cereal improved their attentiveness by 18% or more, and only about one 
in nine improved by 20% or more.
    The FTC complaint also charges that Respondent represented, in 
other advertising, that eating a bowl of Kellogg's Frosted Mini-Wheats 
cereal for breakfast is clinically shown to improve kids' attentiveness 
by nearly 20% when compared to kids who ate no breakfast. The FTC 
alleges that this claim is also false or misleading, because in fact, 
kids in the clinical study who ate Frosted Mini-Wheats had an average 
of 10.6% better attentiveness three hours later than kids who had 
skipped breakfast. In addition, relatively few kids experienced better 
attentiveness near the 20% level.
    The proposed consent order contains provisions designed to prevent 
Respondent from engaging in similar acts and practices in the future. 
Part I of the proposed order prohibits Respondent from representing 
that (a) eating a bowl of Kellogg's Frosted Mini-Wheats cereal for 
breakfast is clinically shown to improve kids' attentiveness by nearly 
20%, or any other specific percentage; and (b) eating a bowl of 
Kellogg's Frosted Mini-Wheats cereal for breakfast is clinically shown 
to improve kids' attentiveness by nearly 20%, or any other specific 
percentage, compared to kids who ate no breakfast, unless the 
representation is true and non-misleading at the time it is made.
    Part II of the proposed order prohibits Respondent from making any 
representations in advertising for Frosted Mini-Wheats or any other 
morning food or snack food about the benefits, performance, or efficacy 
of the product for cognitive function, processes, or health, unless the 
representation is true and non- misleading. In addition, Respondent 
must possess competent and reliable scientific evidence for such 
claims.

[[Page 19094]]

    Part III of the proposed order prohibits Respondent from making 
misrepresentations in advertising for any morning food or snack food 
about the existence, contents, validity, results, conclusions, or 
interpretations of any test, study or research.
    Part IV of the proposed order states that the order does not 
prohibit Respondent from making representations for any product that 
are specifically permitted in labeling for that product by regulations 
issues by the FDA under the Nutrition Labeling and Education Act of 
1990.
    Parts V through VIII of the proposed order require Respondent to 
keep copies of relevant advertisements and materials substantiating 
claims made in the advertisements; to provide copies of the order to 
certain of their personnel; to notify the Commission of changes in 
corporate structure that might affect compliance obligations under the 
order; and to file compliance reports with the Commission. Part IX 
provides that the order will terminate after twenty (20) years, with 
certain exceptions.
    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.
    By direction of the Commission.

Donald S. Clark
Secretary.
[FR Doc. E9-9484 Filed 4-24-09: 8:45 am]
BILLING CODE 6750-01-S