Phusion Projects, LLC, et al.; Analysis of Proposed Consent Order To Aid Public Comment, 62066-62067 [2011-25884]
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Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
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[FR Doc. 2011–25860 Filed 10–5–11; 8:45 am]
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Farm Credit Administration.
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pursuant to the Government in the
Sunshine Act (5 U.S.C. 552b(e)(3)), of
the regular meeting of the Farm Credit
Administration Board (Board).
AGENCY:
The regular meeting of
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McLean, Virginia, on October 13, 2011,
from 9 a.m. until such time as the Board
concludes its business.
DATE AND TIME:
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Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
FOR FURTHER INFORMATION CONTACT:
Farm Credit
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McLean, Virginia 22102–5090.
ADDRESSES:
This
meeting of the Board will be open to the
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meeting are:
SUPPLEMENTARY INFORMATION:
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[FR Doc. 2011–26029 Filed 10–4–11; 4:15 pm]
BILLING CODE 6705–01–P
VerDate Mar<15>2010
16:07 Oct 05, 2011
Jkt 226001
FEDERAL TRADE COMMISSION
[File No. 112 3084]
Phusion Projects, LLC, et al.; Analysis
of Proposed Consent Order To Aid
Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
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
draft 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 2, 2011.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Phusion Projects, File No.
112 3084’’ on your comment, and file
your comment online at https://
ftcpublic.commentworks.com/ftc/
phusionprojectsconsent, by following
the instructions on the web-based form.
If you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex D), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Janet Evans (202–326–2125) or Carolyn
L. Hann (202–326–2745), FTC, Bureau
of Consumer Protection, 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
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 of the Commission’s
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 October 3, 2011), on the
World Wide Web, at https://www.ftc.gov/
os/actions.shtm. A paper copy can be
SUMMARY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
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.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before November 2, 2011. Write
‘‘Phusion Projects, File No. 112 3084’’
on your comment. Your comment—
including your name and your state—
will be placed on the public record of
this proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’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. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do 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
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).1 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
1 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
phusionprojectsconsent by following
the instructions on the web-based form.
If this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Phusion Projects, File No. 112
3084’’ on your comment and on the
envelope, and mail or deliver it to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex D), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that 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 on or
before November 2, 2011. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
Analysis of Agreement Containing
Consent Order To Aid Public Comment
The Federal Trade Commission has
accepted, subject to final approval, an
agreement containing a consent order
from Phusion Projects, LLC, Jaisen
Freeman, Christopher Hunter, and
Jeffrey Wright (the ‘‘respondents’’). The
proposed consent order has been placed
on the public record for thirty (30) days
for receipt of comments by interested
persons. Comments received during this
period will become part of the public
record. After thirty (30) days, the
Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw the agreement or make final
the agreement’s proposed order.
This matter involves the marketing for
Four Loko, a fruit-flavored malt
beverage product. Four Loko contains
11% to 12% alcohol by volume (‘‘ABV’’)
and is sold in a 23.5 oz can. The
respondents promoted Four Loko
through product packaging, Internet
advertising including fan photo
contests, and print solicitations to
potential distributors.
VerDate Mar<15>2010
16:07 Oct 05, 2011
Jkt 226001
According to the FTC complaint, the
respondents represented in its
marketing materials that a 23.5 oz can
of 11% or 12% ABV Four Loko: (a)
Contains the alcohol equivalent to one
or two regular, 12 oz beers, and (b)
could safely be consumed in its entirety
on a single occasion. The complaint
alleges that both claims are false or
misleading because a 23.5 oz can of
11% ABV Four Loko contains alcohol
equivalent to 4.3 regular beers and a
23.5 oz can of 12% ABV Four Loko
contains alcohol equivalent to 4.7
regular beers. In addition, the complaint
alleges that the respondents’ failure to
disclose these facts was deceptive, in
light of their representation that a can of
Four Loko contained a single serving.
The proposed consent order contains
provisions designed to prevent the
respondents from engaging in similar
acts and practices in the future. Parts I
and II apply to the defined term,
‘‘covered flavored malt beverages.’’ Part
I prohibits the corporate respondent and
controlling respondents (generally
defined as the individual respondents,
when such individual(s) is, or
collectively are, a significant
shareholder or directly or indirectly
manage or control any entity) from
offering for sale, selling, or distributing
Four Loko or any other covered flavored
malt beverage in a container that
provides more than 1.5 oz of ethanol
(approximately two and one half (21⁄2)
regular beers) unless the label discloses,
clearly and conspicuously, the
following statement:
‘‘This can [or bottle] has as much
alcohol as [ ] regular (12 oz, 5% alc/vol)
beers.’’
Part I sets forth specific approved
fonts and font sizes, placement
requirements (for both cans and bottles
larger and smaller than 12 oz), and a
formula for calculating the number of
regular beers in the container. This part
also provides that the second set of
brackets shall be replaced by the
number of 0.6 oz servings of ethanol in
the product. Part I is designed to
address the allegedly false
representation that Four Loko contains
the alcohol equivalent to one or two
regular, 12 oz beers. The disclosure
requirement is designed to alert
consumers to the actual number of
servings of alcohol in the container.
Part II of the proposed order further
prohibits, commencing six (6) months
after date of issuance of the order, the
corporate respondent and controlling
respondents from offering for sale,
selling, or distributing Four Loko or any
other covered flavored malt beverage in
a container that provides more than 1.5
PO 00000
Frm 00033
Fmt 4703
Sfmt 9990
62067
oz of ethanol unless the container is
resealable.
Together, Parts I and II of the
proposed order are designed to address
the allegedly false representation that
Four Loko can safely be consumed on a
single occasion. The disclosure
requirement is designed to alert
consumers to the number of servings of
alcohol in the container, and the
resealability requirement makes it
possible for consumers to drink a
portion of the container’s content and to
save some for later.
Part III of the proposed order
prohibits the respondents from
misrepresenting the alcohol content of
any alcohol beverage product. Part III
also prohibits the respondents from
depicting in advertising any alcohol
beverage product containing more than
1.5 oz of ethanol being consumed
directly from the container. This
provision also addresses the
respondents’ representation that a can of
Four Loko can be safely consumed on a
single occasion. This prohibition
provides a clear standard for
compliance by the respondents and for
enforceability by the FTC.
Part IV of the proposed order states
that the order does not prohibit the
respondents from making any
representation about any alcohol
beverage product that is specifically
required by regulation or order by the
U.S. Department of Treasury Alcohol
and Tobacco Tax and Trade Bureau
pursuant to the Federal Alcohol
Administration Act.
Parts V through IX of the proposed
order require the respondents to keep
copies of relevant advertisements and
materials substantiating claims made in
the advertisements; to provide copies of
the order to its 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 any of the
individual respondents’ business or
employment that might affect
compliance obligations under the order;
and to file compliance reports with the
Commission. Part X provides that the
order will terminate after twenty (20)
years, with certain exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order, and it is not intended
to constitute an official interpretation of
the agreement and proposed order or to
modify in any way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011–25884 Filed 10–5–11; 8:45 am]
BILLING CODE 6750–01–P
E:\FR\FM\06OCN1.SGM
06OCN1
Agencies
[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62066-62067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25884]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 112 3084]
Phusion Projects, 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 draft
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 2, 2011.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Phusion Projects, File
No. 112 3084'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/phusionprojectsconsent, by following
the instructions on the web-based form. If you prefer to file your
comment on paper, mail or deliver your comment to the following
address: Federal Trade Commission, Office of the Secretary, Room H-113
(Annex D), 600 Pennsylvania Avenue, NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Janet Evans (202-326-2125) or Carolyn
L. Hann (202-326-2745), FTC, Bureau of Consumer Protection, 600
Pennsylvania Avenue, NW., Washington, DC 20580.
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 of
the Commission's 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 October 3, 2011), 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.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before November 2,
2011. Write ``Phusion Projects, File No. 112 3084'' on your comment.
Your comment--including your name and your state--will be placed on the
public record of this proceeding, including, to the extent practicable,
on the public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to
remove individuals' home contact information from comments before
placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, like anyone'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. You are also solely
responsible for making sure that your comment does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do 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 FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do
not include competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
---------------------------------------------------------------------------
\1\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------
Postal mail addressed to the Commission is subject to delay due to
[[Page 62067]]
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/phusionprojectsconsent by following the instructions on the web-
based form. If this Notice appears at https://www.regulations.gov/#!home, you also may file a comment through that Web site.
If you file your comment on paper, write ``Phusion Projects, File
No. 112 3084'' on your comment and on the envelope, and mail or deliver
it to the following address: Federal Trade Commission, Office of the
Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue, NW.,
Washington, DC 20580. If possible, submit your paper comment to the
Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that 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 on or before November 2, 2011. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
Analysis of Agreement Containing Consent Order To Aid Public Comment
The Federal Trade Commission has accepted, subject to final
approval, an agreement containing a consent order from Phusion
Projects, LLC, Jaisen Freeman, Christopher Hunter, and Jeffrey Wright
(the ``respondents''). The proposed consent order has been placed on
the public record for thirty (30) days for receipt of comments by
interested persons. Comments received during this period will become
part of the public record. After thirty (30) days, the Commission will
again review the agreement and the comments received, and will decide
whether it should withdraw the agreement or make final the agreement's
proposed order.
This matter involves the marketing for Four Loko, a fruit-flavored
malt beverage product. Four Loko contains 11% to 12% alcohol by volume
(``ABV'') and is sold in a 23.5 oz can. The respondents promoted Four
Loko through product packaging, Internet advertising including fan
photo contests, and print solicitations to potential distributors.
According to the FTC complaint, the respondents represented in its
marketing materials that a 23.5 oz can of 11% or 12% ABV Four Loko: (a)
Contains the alcohol equivalent to one or two regular, 12 oz beers, and
(b) could safely be consumed in its entirety on a single occasion. The
complaint alleges that both claims are false or misleading because a
23.5 oz can of 11% ABV Four Loko contains alcohol equivalent to 4.3
regular beers and a 23.5 oz can of 12% ABV Four Loko contains alcohol
equivalent to 4.7 regular beers. In addition, the complaint alleges
that the respondents' failure to disclose these facts was deceptive, in
light of their representation that a can of Four Loko contained a
single serving.
The proposed consent order contains provisions designed to prevent
the respondents from engaging in similar acts and practices in the
future. Parts I and II apply to the defined term, ``covered flavored
malt beverages.'' Part I prohibits the corporate respondent and
controlling respondents (generally defined as the individual
respondents, when such individual(s) is, or collectively are, a
significant shareholder or directly or indirectly manage or control any
entity) from offering for sale, selling, or distributing Four Loko or
any other covered flavored malt beverage in a container that provides
more than 1.5 oz of ethanol (approximately two and one half (2\1/2\)
regular beers) unless the label discloses, clearly and conspicuously,
the following statement:
``This can [or bottle] has as much alcohol as [ ] regular (12 oz,
5% alc/vol) beers.''
Part I sets forth specific approved fonts and font sizes, placement
requirements (for both cans and bottles larger and smaller than 12 oz),
and a formula for calculating the number of regular beers in the
container. This part also provides that the second set of brackets
shall be replaced by the number of 0.6 oz servings of ethanol in the
product. Part I is designed to address the allegedly false
representation that Four Loko contains the alcohol equivalent to one or
two regular, 12 oz beers. The disclosure requirement is designed to
alert consumers to the actual number of servings of alcohol in the
container.
Part II of the proposed order further prohibits, commencing six (6)
months after date of issuance of the order, the corporate respondent
and controlling respondents from offering for sale, selling, or
distributing Four Loko or any other covered flavored malt beverage in a
container that provides more than 1.5 oz of ethanol unless the
container is resealable.
Together, Parts I and II of the proposed order are designed to
address the allegedly false representation that Four Loko can safely be
consumed on a single occasion. The disclosure requirement is designed
to alert consumers to the number of servings of alcohol in the
container, and the resealability requirement makes it possible for
consumers to drink a portion of the container's content and to save
some for later.
Part III of the proposed order prohibits the respondents from
misrepresenting the alcohol content of any alcohol beverage product.
Part III also prohibits the respondents from depicting in advertising
any alcohol beverage product containing more than 1.5 oz of ethanol
being consumed directly from the container. This provision also
addresses the respondents' representation that a can of Four Loko can
be safely consumed on a single occasion. This prohibition provides a
clear standard for compliance by the respondents and for enforceability
by the FTC.
Part IV of the proposed order states that the order does not
prohibit the respondents from making any representation about any
alcohol beverage product that is specifically required by regulation or
order by the U.S. Department of Treasury Alcohol and Tobacco Tax and
Trade Bureau pursuant to the Federal Alcohol Administration Act.
Parts V through IX of the proposed order require the respondents to
keep copies of relevant advertisements and materials substantiating
claims made in the advertisements; to provide copies of the order to
its 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 any of the individual respondents'
business or employment that might affect compliance obligations under
the order; and to file compliance reports with the Commission. Part X
provides that the order will terminate after twenty (20) years, with
certain exceptions.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-25884 Filed 10-5-11; 8:45 am]
BILLING CODE 6750-01-P