CSE, Inc., et al.; Analysis of Proposed Consent Order To Aid Public Comment, 41908-41910 [09-19806]
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41908
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
Non-Vessel-Operating Common Carrier
Ocean Transportation Intermediary
Applicants
ACH Logistics Inc., 141–04 14th
Avenue, Whitestone, NY 11357,
Officer: Hua Guo, President
(Qualifying Individual)
American West Worldwide Express,
Inc., 2503 W. Rosecrans Avenue,
Compton, CA 90059, Officer: James
G. Taylor, CEO (Qualifying
Individual)
New Connect Logistics, Inc., 4332
Cerritos Avenue, Ste. 209, Los
Alamitos, CA 90720, Officers: Man
Youn, President (Qualifying
Individual), Andrew Y. Lee, CEO
Global Shipping Solutions, Inc., 15
Blacksmith Lane, East Northport,
NY 11731, Officers: Ka M. Cho,
Treasurer (Qualifying Individual),
Frank Mariconda, President
Non-Vessel-Operating Common Carrier
and Ocean Freight Forwarder
Transportation Intermediary
Applicants
Champ International Shipping Limited
Liability Company, 900 Kaighns
Avenue, Camden, NJ 08104, Officer:
Roy B. Hibbert, President
(Qualifying Individual)
WTA USA Inc., 1510 Midway Court,
Ste. E203, Elk Grove Village, IL
60007, Officers: Michelle Milone,
Vice President (Qualifying
Individual), Paul J. Sommer,
Director
Unistar Logistics, Inc., 2801 NW 74th
Avenue, Ste. 203, Miami, FL 33122,
Officers: Eric W. Liu, Vice President
(Qualifying Individual), Jie Zeng,
President
TD International Shipping Inc., 81–14
Queens Blvd., Ste. 5C, Elmhurst,
NY 11373, Officers: Diana G. Petrof,
President (Qualifying Individual),
Constantin Petrof, Treasurer
E–Z Cargo Inc., 501 New Country Road,
Secaucus, NJ 07094, Officers:
Alevtina Michina, Vice President
(Qualifying Individual), Michael
Abramov, President
Seacrest Logistics Inc., 1500 S. Dairy
Ashford, Ste. 451, Houston, TX
77077, Officers: Raphael W.
Ludwick, Vice President
(Qualifying Individual), Patrick I.
Igbokwe, President
Trans Ocean Bulk Logistics, Inc., 3027
Marina Bay Drive, Ste. 301, League
City, TX 77573, Officers: Keir
McCarthey, V. P. Regulatory Affairs
(Qualifying Individual), Brendan
McKenna, President
Meridian Logistics LLC, 4008 Chancery
Place, Ft. Wayne, IN 46804, Officer:
Melanie B. Brooks, Member
(Qualifying Individual)
VerDate Nov<24>2008
16:53 Aug 18, 2009
Jkt 217001
Ariana Worldwide Maritime Inc., 1480
Charles Willard Street, Carson, CA
90746, Officer: Young B. Lee,
President (Qualifying Individual)
Caribbean Enterprises, Inc., 1032 River
Street, Hyde Park, MA 02136,
Officers: Michael N. Cummins,
President (Qualifying Individual),
Stephen O. Harris, Vice President
Intercargo USA Corp., 9500 NW 108
Avenue, Miami, FL 33178, Officers:
John Crespo, President (Qualifying
Individual), Graciela Crespo,
Secretary
AGXH Trucking LLC dba UNIX Global
Logistics, 4137 Banner Drive,
Houston, TX 77013, Officers: Seung
K. Yang, Member (Qualifying
Individual), Sunok Koh, Member
Yusen Air & Sea Service (U.S.A.)
Incorporated, 377 Oak Street, Ste.
302, Garden City, NY 11530,
Officer: Scott E. Corless, Sen. Vice
President (Qualifying Individual)
Ocean Freight Forwarder—Ocean
Transportation Intermediary
Applicants
Diesel Trading Inc., 7504 NW 55 Street,
Miami, FL 33166, Officers: Juan C.
Savinovich, President (Qualifying
Individual), Claudia S. Savinovich,
Secretary
Relocation Benefits, LLC dba Relief
Cargo, Arrowhead Global Logistics,
3390 Hawk Ridge Trail, Green Bay,
WI 54313, Officer: Andrew L.
Drescher, President (Qualifying
Individual)
Dated: August 14, 2009.
Karen V. Gregory,
Secretary.
[FR Doc. E9–19903 Filed 8–18–09; 8:45 am]
BILLING CODE P
FEDERAL TRADE COMMISSION
[File No. 082 3181]
CSE, Inc., et al.; 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
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 September 10, 2009.
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘CSE, Inc.,
File No. 082 3181’’ 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 (https://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
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), 16 CFR 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-CSE) and
following the instructions on the webbased 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-CSE). If
this Notice appears at (https://
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 (https://
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 FTC
Rule 4.9(c), 16 CFR 4.9(c).
E:\FR\FM\19AUN1.SGM
19AUN1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices
www.ftc.gov/) to read the Notice and the
news release describing it.
A comment filed in paper form
should include the ‘‘CSE, Inc., File No.
082 3181’’ 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 (Annex D), 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
(https://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 (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Korin Ewing or Melinda Claybaugh,
Bureau of Consumer Protection, 600
Pennsylvania Avenue, NW, Washington,
D.C. 20580, (202) 326-2203.
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 August 11, 2009), on the
World Wide Web, at (https://
www.ftc.gov/os/actions.shtm). A paper
copy can be obtained from the FTC
VerDate Nov<24>2008
16:53 Aug 18, 2009
Jkt 217001
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 CSE,
Inc., d/b/a Mad Mod, a corporation, and
Chris and Cyndi Saetveit, individually
and as owners of the corporation
(together, ‘‘respondents’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for reception 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 involves respondents’
marketing and sale of textile fiber
products purportedly made of bamboo
fiber. The FTC complaint alleges that
respondents violated Section 5(a) of the
FTC Act by making false claims that
their textile fiber products are bamboo
fiber; retain the anti-microbial
properties of the bamboo plant; and are
manufactured using an
environmentally-friendly process. The
complaint alleges that respondents’
textile fiber products are made of rayon
and do not retain the anti-microbial
properties of the bamboo plant, and that
their manufacturing process involves
the use of toxic chemicals and results in
the emission of hazardous air
pollutants. The complaint further
alleges that the respondents failed to
have substantiation for the foregoing
claims.
The complaint also alleges that the
proposed respondents have violated the
Textile Fiber Products Identification Act
(‘‘Textile Act’’) and the Rules and
Regulations promulgated thereunder
(‘‘Textile Rules’’) by falsely and
deceptively labeling and advertising
their textile fiber products as bamboo;
by advertising their products without
including in the description of each
product a statement that the product
was made in the U.S.A., imported, or
both; and by failing to properly label
their textile fiber products with the
PO 00000
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Fmt 4703
Sfmt 4703
41909
name of the country where each such
product was processed or manufactured.
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 representing that any
textile fiber product (1) is made of
bamboo or bamboo fiber; (2) is
manufactured using an environmentally
friendly process; or (3) is anti-microbial
or retains the anti-microbial properties
of any material from which it is made,
unless such representations are true, not
misleading, and substantiated by
competent and reliable scientific
evidence. Part I.B prohibits respondents
from making claims about the benefits,
performance, or efficacy of any textile
fiber product, unless at the time the
representation is made, it is truthful and
not misleading, and is substantiated by
competent and reliable evidence, which
when appropriate must be competent
and reliable scientific evidence. Part II
makes clear that, although Part I
prohibits respondents from making false
and unsubstantiated representations
that their textile fiber products are made
of bamboo or bamboo fiber as opposed
to rayon, the respondents nonetheless
may describe such products using the
generic name of any manufactured fiber
and identifying bamboo as the cellulose
source for such fiber (e.g., rayon made
from bamboo), so long as such
representation is true and substantiated.
Part III of the proposed order prohibits
respondents from failing to comply with
the Textile Act or the Textile Rules.
Parts IV through VIII require
respondents 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;
to notify the Commission of changes in
individual respondents’ current
business or employment; and to file
compliance reports with the
Commission and respond to other
requests from FTC staff. Part IX provides
that the order will terminate after
twenty (20) years under certain
circumstances.
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.
E:\FR\FM\19AUN1.SGM
19AUN1
41910
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices
By direction of the Commission.
Richard C. Donohue
Acting Secretary.
[FR Doc. 09–19806 Filed 8–18–09: 1:15 pm]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
[File No. 082 3194]
Sami Designs LLC et al.; Analysis of
Proposed Consent Order to Aid Public
Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
jlentini on DSKJ8SOYB1PROD with NOTICES
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 September 10, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Sami
Designs, File No. 082 3194’’ 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 (https://
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
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
VerDate Nov<24>2008
16:53 Aug 18, 2009
Jkt 217001
‘‘Confidential,’’ and must comply with
FTC Rule 4.9(c), 16 CFR 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/ftcSamiDesigns) 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/ftcSamiDesigns).
If this Notice appears at (https://
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 (https://
www.ftc.gov/) to read the Notice and the
news release describing it.
A comment filed in paper form
should include the ‘‘Sami Designs, File
No. 082 3194’’ 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
(Annex D), 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
(https://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
1The 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).
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
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 (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Korin Ewing or Melinda Claybaugh,
Bureau of Consumer Protection, 600
Pennsylvania Avenue, NW, Washington,
D.C. 20580, (202) 326-2203.
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 August 11, 2009), on the
World Wide Web, at (https://
www.ftc.gov/os/actions.shtm). 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 Sami
¨
Designs, LLC, d/b/a Jonano, a limited
liability company, and Bonnie Siefers,
individually and as the owner of the
limited liability company (together,
‘‘respondents’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for reception of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission again will 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.
E:\FR\FM\19AUN1.SGM
19AUN1
Agencies
[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41908-41910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 09-19806]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 082 3181]
CSE, Inc., et al.; 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 September 10, 2009.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``CSE, Inc.,
File No. 082 3181'' 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 (https://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 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), 16 CFR 4.9(c).\1\
---------------------------------------------------------------------------
\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 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-CSE) 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-CSE). If this Notice appears at
(https://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 (https://
[[Page 41909]]
www.ftc.gov/) to read the Notice and the news release describing it.
A comment filed in paper form should include the ``CSE, Inc., File
No. 082 3181'' 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 (Annex D), 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 (https://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 (https://www.ftc.gov/ftc/privacy.shtm).
FOR FURTHER INFORMATION CONTACT: Korin Ewing or Melinda Claybaugh,
Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington,
D.C. 20580, (202) 326-2203.
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 August 11, 2009), on the World Wide Web, at (https://www.ftc.gov/os/actions.shtm). 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 CSE, Inc., d/b/a Mad Mod, a corporation, and Chris and Cyndi
Saetveit, individually and as owners of the corporation (together,
``respondents'').
The proposed consent order has been placed on the public record for
thirty (30) days for reception 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 involves respondents' marketing and sale of textile
fiber products purportedly made of bamboo fiber. The FTC complaint
alleges that respondents violated Section 5(a) of the FTC Act by making
false claims that their textile fiber products are bamboo fiber; retain
the anti-microbial properties of the bamboo plant; and are manufactured
using an environmentally-friendly process. The complaint alleges that
respondents' textile fiber products are made of rayon and do not retain
the anti-microbial properties of the bamboo plant, and that their
manufacturing process involves the use of toxic chemicals and results
in the emission of hazardous air pollutants. The complaint further
alleges that the respondents failed to have substantiation for the
foregoing claims.
The complaint also alleges that the proposed respondents have
violated the Textile Fiber Products Identification Act (``Textile
Act'') and the Rules and Regulations promulgated thereunder (``Textile
Rules'') by falsely and deceptively labeling and advertising their
textile fiber products as bamboo; by advertising their products without
including in the description of each product a statement that the
product was made in the U.S.A., imported, or both; and by failing to
properly label their textile fiber products with the name of the
country where each such product was processed or manufactured.
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 representing
that any textile fiber product (1) is made of bamboo or bamboo fiber;
(2) is manufactured using an environmentally friendly process; or (3)
is anti-microbial or retains the anti-microbial properties of any
material from which it is made, unless such representations are true,
not misleading, and substantiated by competent and reliable scientific
evidence. Part I.B prohibits respondents from making claims about the
benefits, performance, or efficacy of any textile fiber product, unless
at the time the representation is made, it is truthful and not
misleading, and is substantiated by competent and reliable evidence,
which when appropriate must be competent and reliable scientific
evidence. Part II makes clear that, although Part I prohibits
respondents from making false and unsubstantiated representations that
their textile fiber products are made of bamboo or bamboo fiber as
opposed to rayon, the respondents nonetheless may describe such
products using the generic name of any manufactured fiber and
identifying bamboo as the cellulose source for such fiber (e.g., rayon
made from bamboo), so long as such representation is true and
substantiated. Part III of the proposed order prohibits respondents
from failing to comply with the Textile Act or the Textile Rules.
Parts IV through VIII require respondents 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; to notify the
Commission of changes in individual respondents' current business or
employment; and to file compliance reports with the Commission and
respond to other requests from FTC staff. Part IX provides that the
order will terminate after twenty (20) years under certain
circumstances.
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.
[[Page 41910]]
By direction of the Commission.
Richard C. Donohue
Acting Secretary.
[FR Doc. 09-19806 Filed 8-18-09: 1:15 pm]
BILLING CODE 6750-01-S