The PPG Architectural Finishes, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 66843-66844 [2012-27112]

Download as PDF Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Notices defines ‘‘means and instrumentalities’’ as any information, including any advertising, labeling, or promotional, sales training, or purported substantiation materials, for use by trade customers in their marketing of any such product or service. Part IV requires Sherwin-Williams to send a letter to its retailers, requiring them to remove all Dutch Boy Refresh ads with zero VOC claims and affix a sticker to existing Dutch Boy Refresh paint can labels. Finally, Parts V though VIII require Sherwin-Williams to: Keep copies of advertisements and materials relied upon in disseminating any representation covered by the order; provide copies of the order to certain personnel, agents, and representatives having supervisory responsibilities with respect to the subject matter of the order; notify the Commission of changes in its structure that might affect compliance obligations under the order; and file a compliance report with the Commission and respond to other requests from FTC staff. Part IX 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. It is not intended to constitute an official interpretation of the complaint or the proposed order, or to modify the proposed order’s terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2012–27105 Filed 11–6–12; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 112 3160] The PPG Architectural Finishes, Inc.; 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 26, 2012. pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:43 Nov 06, 2012 Jkt 229001 Interested parties may file a comment at https:// ftcpublic.commentworks.com/ftc/ ppgarchitecturalconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘PPG Architectural, File No. 112 3160’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ ppgarchitecturalconsent, 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Laura Kim (202–326–3734), FTC, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580. Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 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 25, 2012), 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 26, 2012. Write ‘‘PPG Architectural, File No. 112 3160’’ 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. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 66843 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 privileged or confidential,’’ as discussed 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 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/ ppgarchitecturalconsent 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 ‘‘PPG Architectural, File No. 112 3160’’ 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. 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\07NON1.SGM 07NON1 66844 Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES 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 26, 2012. 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 (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, an agreement containing a consent order from PPG Architectural Finishes, Inc. (‘‘PPG’’). 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 decide whether it should withdraw from the agreement or make final the agreement’s proposed order. This matter involves PPG’s marketing and sale of ‘‘zero VOC’’ paints. According to the FTC complaint, PPG represented that its Pure Performance paints, including paints with color added, contain zero VOCs. But the complaint alleges that, in numerous instances, the paint does not contain zero VOCs after the addition of color. It also alleges that PPG did not possess and rely upon a reasonable basis substantiating these representations when it made them. Finally, it alleges that, by providing independent distributors and retailers with promotional materials making the above representations, PPG provided these third parties with the means and instrumentalities to engage in deceptive practices. Thus, the complaint alleges that PPG engaged in deceptive practices in violation of Section 5(a) of the FTC Act. The proposed order contains three provisions designed to prevent PPG from engaging in similar acts and practices in the future. Part I addresses the marketing of zero VOC paints. It prohibits PPG from claiming that its paints (including paints manufactured under its PPG, Pittsburgh Paints, Porter Paints, and Olympic brands) contain ‘‘zero VOCs’’ unless: (1) After tinting, the VOC level is zero grams per liter (‘‘g/ L’’) or PPG possesses competent and VerDate Mar<15>2010 15:43 Nov 06, 2012 Jkt 229001 reliable scientific evidence that the paint contains no more than a trace level of VOCs; or (2) PPG clearly and prominently discloses that the claim applies only to the base paint and that, depending on the color choice, the VOC level may increase. In situations where a paint’s post-tint VOC level is 50 g/L or more, the order requires PPG to disclose that the VOC level increases ‘‘significantly’’ or ‘‘up to [the highest possible VOC level after tinting].’’ 2 Part II addresses VOC and environmental benefit or attribute claims made about paints and other architectural coatings. It prohibits such representations unless the representation is true, not misleading, and substantiated by competent and reliable scientific evidence. Part III prohibits PPG from providing to others the means and instrumentalities with which to make any claim prohibited by Part I or II. It defines ‘‘means and instrumentalities’’ as any information, including any advertising, labeling, or promotional, sales training, or purported substantiation materials, for use by trade customers in their marketing of any such product or service. Part IV requires PPG to send a letter to its retailers, requiring them to remove all Pure Performance ads with zero VOC claims and affix a sticker to existing Pure Performance paint can labels. Finally, Parts V though VIII require PPG to: keep copies of advertisements and materials relied upon in disseminating any representation covered by the order; provide copies of the order to certain personnel, agents, and representatives having supervisory responsibilities with respect to the subject matter of the order; notify the Commission of changes in its structure that might affect compliance obligations under the order; and file a compliance report with the Commission and respond to other requests from FTC staff. Part IX 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. It is not intended to constitute an official interpretation of the complaint or the proposed order, or to modify the proposed order’s terms in any way. 2 The order does not require PPG to characterize an increase of less than 50 g/L as ‘‘significant’’ because paints with this level of VOCs are considered by air quality regulators and environmental certification groups to be low in VOCs. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2012–27112 Filed 11–6–12; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0057: Docket 2012– 0076; Sequence 8] Federal Acquisition Regulation; Submission for OMB Review; Evaluation of Export Offers Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Notice of request for public comments regarding an extension to an existing OMB clearance. AGENCIES: Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning the provision at FAR 52.247–51, entitled ‘‘Evaluation of Export Offers.’’ A notice was published in the Federal Register at 77 FR 35661, on June 14, 2012. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary; whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before December 7, 2012. ADDRESSES: Submit comments identified by Information Collection 9000–0057, Evaluation of Export Offers, by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘Information Collection 9000– SUMMARY: E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66843-66844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27112]


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

FEDERAL TRADE COMMISSION

[File No. 112 3160]


The PPG Architectural Finishes, 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 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 26, 2012.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/ppgarchitecturalconsent online or on 
paper, by following the instructions in the Request for Comment part of 
the SUPPLEMENTARY INFORMATION section below. Write ``PPG Architectural, 
File No. 112 3160'' on your comment and file your comment online at 
https://ftcpublic.commentworks.com/ftc/ppgarchitecturalconsent, 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: Laura Kim (202-326-3734), 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, 15 U.S.C. 46(f), and FTC Rule 2.34, 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 25, 2012), 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 26, 
2012. Write ``PPG Architectural, File No. 112 3160'' 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 privileged or confidential,'' as discussed 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 
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/ppgarchitecturalconsent 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 ``PPG Architectural, File 
No. 112 3160'' 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.

[[Page 66844]]

    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 26, 2012. 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 (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order from PPG Architectural Finishes, Inc. (``PPG'').
    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 decide whether it should 
withdraw from the agreement or make final the agreement's proposed 
order.
    This matter involves PPG's marketing and sale of ``zero VOC'' 
paints. According to the FTC complaint, PPG represented that its Pure 
Performance paints, including paints with color added, contain zero 
VOCs. But the complaint alleges that, in numerous instances, the paint 
does not contain zero VOCs after the addition of color. It also alleges 
that PPG did not possess and rely upon a reasonable basis 
substantiating these representations when it made them. Finally, it 
alleges that, by providing independent distributors and retailers with 
promotional materials making the above representations, PPG provided 
these third parties with the means and instrumentalities to engage in 
deceptive practices. Thus, the complaint alleges that PPG engaged in 
deceptive practices in violation of Section 5(a) of the FTC Act.
    The proposed order contains three provisions designed to prevent 
PPG from engaging in similar acts and practices in the future. Part I 
addresses the marketing of zero VOC paints. It prohibits PPG from 
claiming that its paints (including paints manufactured under its PPG, 
Pittsburgh Paints, Porter Paints, and Olympic brands) contain ``zero 
VOCs'' unless: (1) After tinting, the VOC level is zero grams per liter 
(``g/L'') or PPG possesses competent and reliable scientific evidence 
that the paint contains no more than a trace level of VOCs; or (2) PPG 
clearly and prominently discloses that the claim applies only to the 
base paint and that, depending on the color choice, the VOC level may 
increase. In situations where a paint's post-tint VOC level is 50 g/L 
or more, the order requires PPG to disclose that the VOC level 
increases ``significantly'' or ``up to [the highest possible VOC level 
after tinting].'' \2\
---------------------------------------------------------------------------

    \2\ The order does not require PPG to characterize an increase 
of less than 50 g/L as ``significant'' because paints with this 
level of VOCs are considered by air quality regulators and 
environmental certification groups to be low in VOCs.
---------------------------------------------------------------------------

    Part II addresses VOC and environmental benefit or attribute claims 
made about paints and other architectural coatings. It prohibits such 
representations unless the representation is true, not misleading, and 
substantiated by competent and reliable scientific evidence.
    Part III prohibits PPG from providing to others the means and 
instrumentalities with which to make any claim prohibited by Part I or 
II. It defines ``means and instrumentalities'' as any information, 
including any advertising, labeling, or promotional, sales training, or 
purported substantiation materials, for use by trade customers in their 
marketing of any such product or service.
    Part IV requires PPG to send a letter to its retailers, requiring 
them to remove all Pure Performance ads with zero VOC claims and affix 
a sticker to existing Pure Performance paint can labels.
    Finally, Parts V though VIII require PPG to: keep copies of 
advertisements and materials relied upon in disseminating any 
representation covered by the order; provide copies of the order to 
certain personnel, agents, and representatives having supervisory 
responsibilities with respect to the subject matter of the order; 
notify the Commission of changes in its structure that might affect 
compliance obligations under the order; and file a compliance report 
with the Commission and respond to other requests from FTC staff. Part 
IX 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. It is not intended to constitute an official 
interpretation of the complaint or the proposed order, or to modify the 
proposed order's terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-27112 Filed 11-6-12; 8:45 am]
BILLING CODE 6750-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.