Dyna-E International, Inc.; Analysis of Proposed Consent Order to Aid Public Comment, 45204-45206 [E9-20976]

Download as PDF 45204 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices Dated: August 17, 2009. Anita L. Davis, Chief, Superfund Enforcement & Information Management Branch, Superfund Division. [FR Doc. E9–21122 Filed 8–31–09; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection Being Reviewed by the Federal Communications Commission, Comments Requested mstockstill on DSKH9S0YB1PROD with NOTICES August 26, 2009. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Persons wishing to comments on this information collection should submit comments on November 2, 2009. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget (OMB), via fax at (202) 395–5167, or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to Cathy Williams, Federal Communications Commission (FCC), 445 12th Street S.W., Washington, DC 20554. To submit your comments by e– VerDate Nov<24>2008 17:18 Aug 31, 2009 Jkt 217001 mail send then to: PRA@fcc.gov and to Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e–mail to PRA@fcc.gov or contact Cathy Williams on (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–XXXX. Title: Application for Permit to Deliver Programs to Foreign Broadcast Stations, FCC Form 308. Form No.: FCC Form 308. Type of Review: New information collection. Respondents: Business or other for– profit entities. Number of Respondents/Responses: 22 respondents; 22 responses. Estimated Time Per Response: 1 hour. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Section 325(c) of the Communications Act of 1934, as amended. Total Annual Burden: 22 hours. Annual Cost Burden: $10,890. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: In general, there is no need for confidentiality with this collection of information. Needs and Uses: The Federal Communications Commission (‘‘Commission’’) is requesting that the Office of Management and Budget (OMB) approve the establishment of a new information collection titled, ‘‘Application for Permit to Deliver Programs to Foreign Broadcast Stations (FCC Form 308).’’ Applicants use the FCC Form 308 to apply, under Section 325(c) of the Communications Act of 1934, as amended, for authority to locate, use, or maintain a studio in the United States for the purpose of supplying program material to a foreign radio or TV broadcast station whose signals are consistently received in the United States, or for extension of existing authority. Currently, the FCC Form 308 is only available to the public in paper form. The Commission is requesting OMB approval of a revised FCC Form 308, in Excel format, that will be made available to the public on the FCC Forms page of the FCC’s website, www.fcc.gov <https://www.fcc.gov/>. The form was revised to make it more user friendly and to include questions to obtain only the legal and technical information that is essential to grant authority to U.S. broadcasters to supply program material to a foreign radio or PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 TV broadcast station whose signals are consistently received in the U.S. or to extend the current authority. After the applicant completes the form, it is mailed to the U.S. Bank along with the application fee. Then, it is forwarded to the International Bureau with the exception of fee exempt applications which are filed directly with the FCC Secretary’s Office and then forwarded to the Bureau. Without this collection of information, the Commission would not be able to ascertain whether the main studio owner in the US meets various legal requirements or the foreign broadcast facility, which receives and retransmits programming from the main studio in the US, meets various technical requirements that prevent harmful interference to other broadcast stations or telecommunications facilities. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–21014 Filed 8–31–09; 8:45 am] BILLING CODE 6712–01–S FEDERAL TRADE COMMISSION [Docket No. 9336] Dyna-E International, Inc.; 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 25, 2009. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘Dyna-E, Inc., Docket No. 9336’’ 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 E:\FR\FM\01SEN1.SGM 01SEN1 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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-DynaE) 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-DynaE). 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 ‘‘Dyna-E, Inc., Docket No. 9336’’ 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 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). VerDate Nov<24>2008 17:18 Aug 31, 2009 Jkt 217001 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: Michael J. Davis, Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, DC 20580, (202) 3262458. Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 3.25(f) the Commission Rules of Practice, 16 CFR 3.25(f), 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 26, 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, DC 20580, either in person or by calling (202) 326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 45205 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 DynaE International, Inc., a corporation, and its president and director, George Wheeler (‘‘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 Lightload Towels with packaging and other marketing materials that prominently state ‘‘biodegradable’’ without qualification. According to the FTC complaint, respondents represented that Lightload Towels will completely break down and return to nature, i.e., decompose into elements found in nature, within a reasonably short period of time after customary disposal. The complaint alleges respondents’ biodegradable claim is false because a substantial majority of total household waste is disposed of either in landfills, incinerators, or recycling facilities and these customary disposal methods do not present conditions that would allow for Lightload Towels to completely break down and return to nature, i.e., decompose into elements found in nature, within a reasonably short period of time. The complaint further alleges that respondents failed to have substantiation for their biodegradable claim. 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 making a representation that any product is degradable unless the representation is true, not misleading, and substantiated by competent and reliable scientific evidence. Part I.B prohibits respondents from making any other environmental benefit claim about any product, unless at the time the representation is made, it is truthful and not misleading, and substantiated by competent and reliable evidence, which when appropriate must be competent and reliable scientific evidence. Parts II through VI require respondents to keep copies of relevant advertisements and materials E:\FR\FM\01SEN1.SGM 01SEN1 45206 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 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 residence, employment, or business affiliation; to file compliance reports with the Commission; and to respond to other requests from FTC staff. Part VII 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. Donald S. Clark Secretary. [FR Doc. E9–20976 Filed 8–31–09: 2:25 pm] BILLING CODE 6750–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Notice Regarding 340B Drug Pricing Program—Children’s Hospitals mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Health Resources and Services Administration, HHS. ACTION: Final notice. SUMMARY: Section 340B of the Public Health Service Act (section 340B) and section 1927(a) of the Social Security Act (section 1927(a)) implement a drug pricing program in which manufacturers who sell covered outpatient drugs to covered entities must agree to charge a price that will not exceed an amount determined under a statutory formula. Section 6004 of the Deficit Reduction Act of 2005 (Pub. L. 109–171) (section 6004) added certain qualifying children’s hospitals to the list of covered entities eligible to access 340B discounted drugs. The purpose of this notice is to inform interested parties of final guidelines regarding the addition of children’s hospitals that meet certain requirements, specifically: (1) The process for the registration of children’s hospitals to the 340B Program; and (2) the obligation of manufacturers to provide the statutorily mandated discount to those children’s hospitals. FOR FURTHER INFORMATION CONTACT: Mr. Jimmy Mitchell, Director, Office of Pharmacy Affairs (OPA), Healthcare Systems Bureau (HSB), Health VerDate Nov<24>2008 19:53 Aug 31, 2009 Jkt 217001 Resources and Services Administration (HRSA), 5600 Fishers Lane, Parklawn Building, Room 10C–03, Rockville, MD 20857, or by telephone through the Pharmacy Services Support Center at 1–800–628–6297. DATES: Effective Date: September 1, 2009. SUPPLEMENTARY INFORMATION: (A) Background Proposed guidelines for children’s hospitals were announced in the Federal Register at 72 FR 37250 on July 9, 2007. A comment period of 60 days was established to allow interested parties to submit comments. HRSA, HSB, acting through the OPA, received 20 comments concerning the proposal. Section 602 of Public Law 102–585, the Veterans Health Care Act of 1992, established section 340B of the Public Health Service Act and added certain implementation provisions for the 340B Program to section 1927(a) of the Social Security Act. Section 340B contains the majority of the requirements for covered entities participating in the 340B Program, while the relevant provisions of section 1927(a) of the Social Security Act provide primarily for the requirement that manufacturers provide the statutorily mandated discount to covered entities. Section 340B contains a list of covered entities that are eligible to receive discounts through the 340B Program. The list includes entities such as Federally Qualified Health Centers, State-operated AIDS drug purchasing assistance programs, and certain disproportionate share hospitals. Children’s hospitals were not included as covered entities under section 340B in the Veterans Health Care Act of 1992 as enacted. Section 6004 of the Deficit Reduction Act (DRA), Pub. L. 109–171, added certain qualifying children’s hospitals as covered entities eligible to access 340B discounted drugs. Section 6004 did not amend section 340B (which contains many of the requirements for covered entities), however, the DRA provision amended section 1927(a) of the Social Security Act (which primarily contains requirements for manufacturers’ participation) to add children’s hospitals to the 340B Program. To be eligible for the 340B Drug Pricing Program, section 1927(a), as amended by section 6004 of the DRA, requires children’s hospitals to meet the requirements of clauses (i) and (iii) of section 340B(a)(4)(L) of the Public Health Service Act, which contain provisions for State or local government affiliations and non-participation in PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 group purchasing organizations. In addition, children’s hospitals must meet the requirements of clause (ii) of such section, which contains requirements for the provision of indigent care, if such section ‘‘were applied by taking into account the percentage of care provided by the hospital to patients eligible for medical assistance’’ under Medicaid. We received several comments in support of the proposal. Supporting comments agreed with the proposed guidelines and that section 6004 of the DRA brings eligible children’s hospitals into the 340B program. Several commenters agreed with requiring children’s hospitals to demonstrate their status as defined by the Social Security Act section 1886(d)(1)(B)(iii) and to obtain a Medicare provider number in the 3300 series. Many comments supported obtaining an independent audit to certify eligibility requirements and to help ensure program integrity. Comments supported HRSA’s position that current Pharmaceutical Pricing Agreements (PPAs) are already broad enough to include children’s hospitals as covered entities. Additional comments challenged HRSA’s legal authority and compliance with the Administrative Procedure Act as well as contractual authority with existing PPAs. Other comments raised issues of retroactive discounts, prevention of duplicate discounts, and alternative eligibility criteria such as using disproportionate patient percentages and independent audits. All comments discussed the potential impacts on covered entities, patients, and manufacturers. The following section presents a summary of all major comments, grouped by subject, and a response to each comment. All comments were considered in developing this final notice and changes were made to content when appropriate. (B) Comments and Responses (1) HRSA’s Legal Authority Comment: HRSA lacks authority to add children’s hospitals to the 340B program through guidelines. Response: HRSA disagrees. The Department publishes guidelines in the Federal Register providing a public comment period to obtain input into guidance development. Congress did not prescribe the process by which children’s hospitals would be added into the 340B program. HRSA has authority to provide guidelines interpreting the statute and its intended administration of the 340B program. The guidelines are not subject to the E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45204-45206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20976]


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FEDERAL TRADE COMMISSION

[Docket No. 9336]


Dyna-E International, Inc.; 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 25, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``Dyna-E, 
Inc., Docket No. 9336'' 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

[[Page 45205]]

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-DynaE) 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-DynaE). 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 ``Dyna-E, Inc., 
Docket No. 9336'' 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: Michael J. Davis, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue, NW, Washington, DC 20580, (202) 
326-2458.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  3.25(f) 
the Commission Rules of Practice, 16 CFR 3.25(f), 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 26, 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, DC 
20580, either in person or by calling (202) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order to Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order from Dyna-E International, Inc., a corporation, and its president 
and director, George Wheeler (``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 Lightload 
Towels with packaging and other marketing materials that prominently 
state ``biodegradable'' without qualification. According to the FTC 
complaint, respondents represented that Lightload Towels will 
completely break down and return to nature, i.e., decompose into 
elements found in nature, within a reasonably short period of time 
after customary disposal. The complaint alleges respondents' 
biodegradable claim is false because a substantial majority of total 
household waste is disposed of either in landfills, incinerators, or 
recycling facilities and these customary disposal methods do not 
present conditions that would allow for Lightload Towels to completely 
break down and return to nature, i.e., decompose into elements found in 
nature, within a reasonably short period of time. The complaint further 
alleges that respondents failed to have substantiation for their 
biodegradable claim. 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 making a 
representation that any product is degradable unless the representation 
is true, not misleading, and substantiated by competent and reliable 
scientific evidence. Part I.B prohibits respondents from making any 
other environmental benefit claim about any product, unless at the time 
the representation is made, it is truthful and not misleading, and 
substantiated by competent and reliable evidence, which when 
appropriate must be competent and reliable scientific evidence.
    Parts II through VI require respondents to keep copies of relevant 
advertisements and materials

[[Page 45206]]

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 residence, 
employment, or business affiliation; to file compliance reports with 
the Commission; and to respond to other requests from FTC staff. Part 
VII 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.

Donald S. Clark
Secretary.
[FR Doc. E9-20976 Filed 8-31-09: 2:25 pm]
BILLING CODE 6750-01-S
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