The M Group, et al.; Analysis of Proposed Consent Order to Aid Public Comment, 55846-55848 [E9-26006]

Download as PDF 55846 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices following the auction of 800 MHz licenses has passed for all three 800 MHz auctions (upper, lower and general). Therefore, there will be no respondents for information collections associated with transfer disclosures during the next collection period. The information will be used by the Commission to update the Commission’s licensing database and thereby facilitate the successful coexistence of Economic Area (EA) licensees and incumbents in the 800 MHz SMR band. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E9–26053 Filed 10–28–09; 8:45 am] BILLING CODE 6712–01–S FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies dcolon on DSK2BSOYB1PROD with NOTICES The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 13, 2009. A. Federal Reserve Bank of Philadelphia (Michael E. Collins, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105– 1521: 1. Patriot Financial Partners, GP, L.P.; Patriot Financial Partners, L.P.; Patriot Financial Partners Parallel, L.P.; Patriot Financial Partners, GP, LLC; Patriot Financial Managers, L.P.; and Ira M. Lubert, W. Kirk Wycoff and James J. Lynch, all of Philadelphia, Pennsylvania; to acquire voting shares of TIB Financial Corp., and thereby indirectly acquire voting shares of TIB Bank, both of Naples, Florida. VerDate Nov<24>2008 15:20 Oct 28, 2009 Jkt 220001 Board of Governors of the Federal Reserve System, October 26, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–26063 Filed 10–28–09; 8:45 am] Board of Governors of the Federal Reserve System, October 26, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–26062 Filed 10–28–09; 8:45 am] BILLING CODE 6210–01–S BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM FEDERAL TRADE COMMISSION Formations of, Acquisitions by, and Mergers of Bank Holding Companies [Docket No. 9340] The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 23, 2009. A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) P.O. Box 442, St. Louis, Missouri 63166–2034: 1. Central Bancompany, Inc., Jefferson City, Missouri; to acquire 100 percent of the voting shares of Overland Bancorp, Inc., and thereby indirectly acquire voting shares of Bank of Belton, both of Belton, Missouri. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 The M Group, 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 November 23, 2009. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘The M Group, Docket No. 9340’’ 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 E:\FR\FM\29OCN1.SGM 29OCN1 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices dcolon on DSK2BSOYB1PROD with NOTICES ‘‘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:// public.commentworks.com/ftc/D9340) 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 (https:// public.commentworks.com/ftc/D9340). 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 ‘‘The M Group, Docket No. 9340’’ 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 (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 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). VerDate Nov<24>2008 15:20 Oct 28, 2009 Jkt 220001 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 K. Ewing, Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, (202) 3263556. SUPPLEMENTARY INFORMATION: 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 October 22, 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 The M Group, Inc., also doing business as Bamboosa, a corporation, and Mindy Johnson, Michael Moore, and Morris Saintsing, individually and as members 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. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 55847 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 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; do not retain the anti-microbial properties of the bamboo plant; 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 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. 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 antimicrobial or retains the anti-microbial properties of any material from which it is made; or (3) 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 E:\FR\FM\29OCN1.SGM 29OCN1 55848 Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices 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 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 its terms. By direction of the Commission. Donald S. Clark Secretary. [FR Doc. E9–26006 Filed 10–28–09: 8:45 am] BILLING CODE 6750–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Findings of Scientific Misconduct Office of the Secretary, HHS. Notice. AGENCY: ACTION: Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: Zhong Bin Deng, Medical College of Georgia: Based on the report of an investigation conducted by the Medical College of Georgia (MCG), the report of the MCG Adjudication Subcommittee, additional analysis conducted by ORI in its oversight review, and the Respondent’s written and oral admissions and expressed remorse, ORI found that Dr. Zhong Bin Deng, former postdoctoral fellow at MCG in Augusta, GA, engaged in scientific misconduct in research supported by National Institute of Allergy and Infectious Diseases (NIAID), National Institutes of Health (NIH), grant 2 P01 AI42288. ORI found that Dr. Deng engaged in scientific/research misconduct by falsifying research results reported in a dcolon on DSK2BSOYB1PROD with NOTICES SUMMARY: VerDate Nov<24>2008 17:02 Oct 28, 2009 Jkt 220001 paper published in Nature Medicine.1 Specifically: • Figures 1 and 2 in the Nature Medicine paper purportedly show that the autoimmune regulator Arie controls iNKT cell development and maturation. In Figure 1(a), the Respondent falsified the Aire +/+ (thymus and liver) flow cytometry plots by substituting Aire +/ ¥ (thymus and liver) flow cytometry plots that were altered to disguise their origins and falsified the Aire ¥/¥ (bone marrow) flow cytometry plot by substituting the Aire +/¥ (bone marrow) flow cytometry plot, also altered to disguise its origin. • In supplementary Figure 2 of the Nature Medicine paper, the Respondent falsified flow cytometry plots as follows: (1) in row 1, the Aire ¥/¥ (thymus) flow cytometry plot [plot 2] and the Aire +/+ ‰ ¥/¥ (thymus) flow cytometry plot [plot 3] are duplicates, thus one of the plots is falsified; (2) in row 2, the Aire ¥/¥ (spleen) flow cytometry plot [plot 2] and the Aire ¥/¥ ‰ +/+ flow cytometry plot [plot 5] are duplicates, thus one of the plots is falsified; (3) in row 3, the Aire ¥/¥ (liver) flow cytometry plot [plot 2] and the Aire +/ + ‰ ¥/¥ (liver) flow cytometry plot [plot 3] are duplicates, thus one of the plots is falsified; and (4) in row 4, the Aire ¥/¥ (thymus) flow cytometry plot [plot 2] and the Aire +/+ ‰ +/+ flow cytometry plot [plot 4] are duplicates, thus one of the plots is falsified. Dr. Deng has entered into a Voluntary Settlement Agreement in which he has voluntarily agreed, for a period of two (2) years, beginning on October 2, 2009: (1) That any institution that submits an application for PHS support for a research project on which the Respondent’s participation is proposed or that uses him in any capacity on PHS-supported research or that submits a report of PHS-funded research in which he is involved must concurrently submit a plan for supervision of his duties to ORI; the supervisory plan must be designed to ensure the integrity of his research contribution; respondent agreed that he will not participate in any PHS-supported research until such a supervisory plan is approved by ORI; (2) That any institution employing him submits, in conjunction with each application for PHS funds, or report, manuscript, or abstract involving PHS funded research in which the Respondent is involved, a certification 1 Mi, Q.-S., Deng, Z.-B., Joshi, S.K., Wang, Z.-Z., Zhou, L., Eckenrode, S., Joshi, R., Ly, D., Yi, B., Delovitch, D.L., & She, J.-X. ‘‘The autoimmune regulator 9Aire) controls iNKT cell development and maturation.’’ Nature Medicine 12:624–626, 2006; hereafter referred to as the ‘‘Nature Medicine paper.’’ PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 to ORI that the data provided by the Respondent are based on actual experiments or are otherwise legitimately derived and that the data, procedures, and methodology are accurately reported in the application or report; and (3) To exclude himself from serving in any advisory capacity to the U.S. Public Health Service (PHS), including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant. FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852. (240) 453–8800. John Dahlberg, Director, Division of Investigative Oversight, Office of Research Integrity. [FR Doc. E9–26007 Filed 10–28–09; 8:45 am] BILLING CODE 4150–31–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): CDC Grants for Public Health Research Dissertation (Panel E), Funding Opportunity Announcement (FOA) PAR07–231, Initial Review In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned SEP: Time and Date: 12 p.m.–3 p.m., December 2, 2009 (Closed). Place: Teleconference. Status: The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92–463. Matters To Be Discussed: The meeting will include the initial review, discussion, and evaluation of applications received in response to ‘‘CDC Grants for Public Health Research Dissertation, FOA PAR07–231, Panel E.’’ Contact Person for More Information: Sheree Marshall Williams, PhD, MSc, Scientific Review Administrator, CDC, 1600 Clifton Road, NE., Mailstop D73, Atlanta, GA 30333, Telephone 404–639–7742. The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. E:\FR\FM\29OCN1.SGM 29OCN1

Agencies

[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55846-55848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26006]


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

FEDERAL TRADE COMMISSION

[Docket No. 9340]


The M Group, 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 November 23, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``The M 
Group, Docket No. 9340'' 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

[[Page 55847]]

``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://public.commentworks.com/ftc/D9340) 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 
(https://public.commentworks.com/ftc/D9340). 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 ``The M Group, 
Docket No. 9340'' 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 (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 K. Ewing, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, (202) 
326-3556.

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 October 22, 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 The M Group, Inc., also doing business as Bamboosa, a 
corporation, and Mindy Johnson, Michael Moore, and Morris Saintsing, 
individually and as members 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 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; do 
not retain the anti-microbial properties of the bamboo plant; 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 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.
    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 anti-microbial or retains the anti-microbial properties of any 
material from which it is made; or (3) 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

[[Page 55848]]

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 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 its terms.
    By direction of the Commission.

Donald S. Clark
Secretary.
[FR Doc. E9-26006 Filed 10-28-09: 8:45 am]
BILLING CODE 6750-01-S