Pure Bamboo, LLC et al.; Analysis of Proposed Consent Order to Aid Public Comment, 41911-41913 [E9-19810]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 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 and 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. 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 VerDate Nov<24>2008 16:53 Aug 18, 2009 Jkt 217001 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 the individual respondent’s 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. By direction of the Commission. Richard C. Donohue Acting Secretary. [FR Doc. E9–19807 Filed 8–18–09: 1:15 pm] BILLING CODE 6750–01–S FEDERAL TRADE COMMISSION [File No. 082 3193] Pure Bamboo, LLC 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. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘Pure Bamboo, File No. 082 3193’’ 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 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 41911 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 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/ftcPureBamboo) 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 webkink: (https://secure.commentworks.com/ftcPureBamboo). 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 ‘‘Pure Bamboo, File No. 082 3193’’ 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 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). E:\FR\FM\19AUN1.SGM 19AUN1 jlentini on DSKJ8SOYB1PROD with NOTICES 41912 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices (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 (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: 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 (http:// 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 VerDate Nov<24>2008 16:53 Aug 18, 2009 Jkt 217001 section above, and must be received on or before the date specified in the DATES section. ADDRESSES 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 Pure Bamboo, LLC, a limited liability company and Bruce Dear, individually and as the managing member 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 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; are manufactured using an environmentally-friendly process; and will completely break down and return to the elements found in nature within a reasonably short period of time after customary disposal. The complaint alleges that respondents’ textile fiber products are made of rayon and do not retain the anti-microbial properties of the bamboo plant; that their manufacturing process involves the use of toxic chemicals and results in the emission of hazardous air pollutants; and that a substantial majority of household waste is disposed of by methods that do not present conditions that would allow for respondents’ textile fiber products to decompose into elements found in nature, within a reasonably short period of time. 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 was made in the U.S.A., imported, or both; and by selling hosiery textile fiber products without affixing to the products or their packaging required labels detailing fiber content and other required information.. 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; (3) is anti-microbial or retains the anti-microbial properties of any material from which it is made; or (4) is degradable, biodegradable, or photodegradable, 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 the individual respondent’s 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 E:\FR\FM\19AUN1.SGM 19AUN1 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices the agreement and proposed order or to modify in any way their terms. By direction of the Commission. Richard C. Donohue Acting Secretary. [FR Doc. E9–19810 Filed 8–18–09; 1:13 pm] BILLING CODE 6750–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day–09–0008] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404–639–5960 and send comments to Maryam Daneshvar, CDC Assistant Reports Clearance Officer, 1600 Clifton Road, MS–D74, Atlanta, GA 30333 or send an e-mail to omb@cdc.gov. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. 41913 transmission, and to help identify the cause of an outbreak. The EPI–AID mechanism is a means for Epidemic Intelligence Service (EIS) officers of the Centers for Disease Control and Prevention (CDC), along with other CDC staff, to provide technical support to State health agencies requesting assistance with epidemiologic field investigations. This mechanism allows CDC to respond rapidly to public health problems in need of urgent attention, thereby providing an important service to State and other public health agencies. Through EPI–AIDS, EIS officers (and, sometimes, other CDC trainees) receive supervised training while actively participating in epidemiologic investigations. EIS is a two-year program of training and service in applied epidemiology through CDC, primarily for persons holding doctoral degrees. Shortly after completion of the EPI– AID investigation, an Epi Trip Report is delivered to the State health agency official(s) who requested assistance. These officials can comment on both the timeliness and the practical utility of the recommendations from the investigation by completing a brief questionnaire to assess the promptness of the investigation and the usefulness of the recommendations. There is no cost to the respondents other than their time. Proposed Project Emergency Epidemic Investigations— Extension—(0920–0008), Office of Workforce and Career Development (OWCD), Centers for Disease Control and Prevention (CDC). Background & Brief Description The purpose of the Emergency Epidemic Investigation surveillance is to collect data on the conditions surrounding and preceding the onset of a problem. The data must be collected in a timely fashion so that information can be used to develop prevention and control techniques, to interrupt disease ESTIMATED ANNUALIZED BURDEN HOURS Respondents Number of respondents (per year) Number of responses per respondent Average burden per response (in hours) Total burden (in hours) Requestors of EPI–AIDs .................................................................................. 100 1 15/60 25 Dated: August 10, 2009. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E9–19836 Filed 8–18–09; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES BILLING CODE 4163–18–P AHRQ Intent To Publish Grant and Contract Solicitations for Comparative Effectiveness Research (CER) Projects With Funds From the American Recovery and Reinvestment Act (ARRA) Agency for Healthcare Research and Quality jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: Agency for Healthcare Research and Quality (AHRQ), HHS. ACTION: Notice of Intent. SUMMARY: AHRQ is announcing the Agency’s intention to support new CER projects, with funding from the American Recovery and Reinvestment Act (ARRA). The ARRA appropriated VerDate Nov<24>2008 19:20 Aug 18, 2009 Jkt 217001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 $300 million to AHRQ for support of CER. ARRA funding will focus, initially, on 14 priority conditions established by the Secretary of the Department of Health and Human Services under Section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. These priority conditions were identified through a process involving discussion with, and extensive input from, the public as well as Federal agencies. The list of priority conditions is relevant to the Medicare, Medicaid, and State Children’s Health Insurance Program (SCHIP) programs, and can be found at: http://effectivehealthcare.ahrq.gov/ aboutUs.cfm?abouttype=program #Conditions. DATES: AHRQ anticipates grant and contract solicitations to be published E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41911-41913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19810]


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

FEDERAL TRADE COMMISSION

[File No. 082 3193]


Pure Bamboo, LLC 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 ``Pure 
Bamboo, File No. 082 3193'' 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 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-PureBamboo) 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 
webkink: (https://secure.commentworks.com/ftc-PureBamboo). 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 ``Pure Bamboo, 
File No. 082 3193'' 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

[[Page 41912]]

(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 (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: 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 (http://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 Pure Bamboo, LLC, a limited liability company and Bruce 
Dear, individually and as the managing member 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 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; are manufactured 
using an environmentally-friendly process; and will completely break 
down and return to the elements found in nature within a reasonably 
short period of time after customary disposal. The complaint alleges 
that respondents' textile fiber products are made of rayon and do not 
retain the anti-microbial properties of the bamboo plant; that their 
manufacturing process involves the use of toxic chemicals and results 
in the emission of hazardous air pollutants; and that a substantial 
majority of household waste is disposed of by methods that do not 
present conditions that would allow for respondents' textile fiber 
products to decompose into elements found in nature, within a 
reasonably short period of time. 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 selling 
hosiery textile fiber products without affixing to the products or 
their packaging required labels detailing fiber content and other 
required information..
    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; (3) is 
anti-microbial or retains the anti-microbial properties of any material 
from which it is made; or (4) is degradable, biodegradable, or 
photodegradable, 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 the individual respondent's 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

[[Page 41913]]

the agreement and proposed order or to modify in any way their terms.
    By direction of the Commission.

Richard C. Donohue
Acting Secretary.
[FR Doc. E9-19810 Filed 8-18-09; 1:13 pm]
BILLING CODE 6750-01-S