The Neiman Marcus Group, Inc.; Dr.Jays.com, Inc., Eminent, Inc.; Analysis of Proposed Consent Orders To Aid Public Comment, 18340-18342 [2013-06785]

Download as PDF 18340 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices Board of Governors of the Federal Reserve System, March 21, 2013. Margaret McCloskey Shanks, Deputy Secretary of the Board. [FR Doc. 2013–06912 Filed 3–25–13; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM srobinson on DSK4SPTVN1PROD with NOTICES Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company 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 shares of 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 offices 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 April 9, 2013. A. Federal Reserve Bank of Richmond (Adam M. Drimer, Assistant Vice President) 701 East Byrd Street, Richmond, Virginia 23261–4528: 1. Gordon A. Baird, Darien, Connecticut; individually and as part of a group acting in concert with Alvin G. Hageman, Westport, Connecticut, and Baird Hageman & Co., LLC, Darien, Connecticut, to acquire voting shares of Independence Bancshares, Inc., and thereby indirectly acquire voting shares of Independence National Bank, both in Greenville, South Carolina. B. Federal Reserve Bank of Minneapolis (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480–0291: 1. Jack W. Steele Irrevocable Trust and the 2012 Donna D. Steele Irrevocable Trust (‘‘Trusts’’), both of Huron, South Dakota; Preston B. Steele, and Tasha J. Lee, individually and as cotrustees of Trusts, both of Huron, South Dakota; and American Bank & Trust, Wessington Springs, South Dakota, as trustee of Trusts, to retain or acquire voting shares of Leackco Bank Holding Company, Inc., Wolsey, South Dakota, and thereby indirectly retain and acquire voting shares of American Bank & Trust, Wessington Springs, South Dakota, and American State Bank of Pierre, Pierre, South Dakota. VerDate Mar<15>2010 19:07 Mar 25, 2013 Jkt 229001 C. Federal Reserve Bank of Dallas (E. Ann Worthy, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– 2272: 1. Victor Abraham, Irving, Texas; to acquire voting shares of Providence Bancshares Corporation, and thereby acquire voting shares of Providence Bank of Texas, SSB, both in Southlake, Texas. Board of Governors of the Federal Reserve System, March 20, 2013. Michael J. Lewandowski, Assistant Secretary of the Board. indirectly acquire The First National Bank of Grant Park, Grant Park, Illinois. Board of Governors of the Federal Reserve System, March 18, 2013. Margaret McCloskey Shanks, Deputy Secretary of the Board. [FR Doc. 2013–06839 Filed 3–25–13; 8:45 am] BILLING CODE 6210–01–P FEDERAL TRADE COMMISSION [Files No. 082 3199, 122 3063, 122 3065] BILLING CODE 6210–01–P The Neiman Marcus Group, Inc.; Dr.Jays.com, Inc., Eminent, Inc.; Analysis of Proposed Consent Orders To Aid Public Comment FEDERAL RESERVE SYSTEM AGENCY: [FR Doc. 2013–06775 Filed 3–25–13; 8:45 am] Formations of, Acquisitions by, and Mergers of Bank Holding Companies 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 will also 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. 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 April 18, 2013. A. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166–2034: 1. Midland States Bancorp, Inc., Effingham, Illinois, to acquire through merger, Grant Park Bancshares, Inc., Grant Park, Illinois, and thereby PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 ACTION: Federal Trade Commission. Proposed Consent Agreements. SUMMARY: The consent agreements in this matter settle 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 complaints and the terms of the consent orders—embodied in the consent agreements—that would settle these allegations. DATES: Comments must be received on or before April 18, 2013. ADDRESSES: Interested parties may file a comment at https:// ftcpublic.commentworks.com/ftc/ neimanmarcusconsent; https:// ftcpublic.commentworks.com/ftc/ drjaysconsent; or https:// ftcpublic.commentworks.com/ftc/ eminentconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Neiman Marcus, File No. 082 3199’’ or ‘‘Dr.Jays.com, File No. 122 3063’’ or ‘‘Eminent, File No. 122 3065’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ neimanmarcusconsent; https:// ftcpublic.commentworks.com/ftc/ drjaysconsent; or https:// ftcpublic.commentworks.com/ftc/ eminentconsent 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: Matt Wilshire (202–326–2976), FTC, Bureau of Consumer Protection, 600 E:\FR\FM\26MRN1.SGM 26MRN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices 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 agreements containing consent orders to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, have 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 agreements, and the allegations in the complaints. An electronic copy of the full text of the consent agreement packages can be obtained from the FTC Home Page (for March 19, 2013), on the World Wide Web, at https://www.ftc.gov/ os/actions.shtm. Paper copies 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 April 18, 2013. Write ‘‘Neiman Marcus, File No. 082 3199’’ or ‘‘Dr.Jays.com, File No. 122 3063’’ or ‘‘Eminent, File No. 122 3065’’ 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 VerDate Mar<15>2010 19:07 Mar 25, 2013 Jkt 229001 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/ neimanmarcusconsent; https:// ftcpublic.commentworks.com/ftc/ drjaysconsent; or https:// ftcpublic.commentworks.com/ftc/ eminentconsent 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 ‘‘Neiman Marcus, File No. 082 3199’’ or ‘‘Dr.Jays.com, File No. 122 3063’’ or ‘‘Eminent, File No. 122 3065’’ 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 April 18, 2013. 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. 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). PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 18341 Analysis of Agreement Containing Consent Orders To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, agreements containing consent orders from The Neiman Marcus Group, Inc. (‘‘Neiman Marcus’’), DrJays.com, Inc. (‘‘DrJays’’), and Eminent, Inc., doing business as Revolve Clothing (‘‘Revolve’’). The proposed consent orders have 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 agreements and the comments received, and decide whether it should withdraw from the agreements or make the proposed orders final. Proposed Complaints These matters involve violations of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. 45(a) (‘‘FTC Act’’), Section 5(a)(5) of the Fur Products Labeling Act, 15 U.S.C. 69c(a)(5) (‘‘Fur Act’’), and Sections 301.2(c) and 301.49 of the Rules and Regulations Under Fur Products Labeling Act, 16 CFR 301.2(c) and 301.49 (‘‘Fur Rules’’). In 2010, Congress enacted the Truth in Fur Labeling Act, which amended the Fur Act by, among other things, eliminating an exemption for items containing fur valued at no more than $150. As a result, the Fur Act now requires disclosure of any fur content in wearing apparel. The proposed complaints allege that Neiman Marcus, DrJays, and Revolve each advertised products containing real fur as containing ‘‘faux fur’’ on its Internet site. The proposed complaints further allege that the advertisements failed to disclose the names, as set forth in the Fur Products Name Guide, 16 CFR 301.0, of the animals that produced the fur in each product. They also allege that most of the products had labels correctly identifying the fur content. The proposed complaint against Neiman Marcus alleges that the company’s Web site misrepresented the fur content and failed to disclose the animal name for three products: an Outerwear Jacket, a Ballerina Flat by Stuart Weitzman, and a Kyah Faux FurCollar Coat. In addition to falsely advertising the Ballerina Flat online as ‘‘faux’’ fur, Neiman Marcus’ catalog and mail advertising falsely represented that the product’s fur was mink when it was in fact rabbit. The proposed complaint further alleges that Neiman Marcus sold at least 316 units of the three products. Finally, it alleges that Neiman Marcus E:\FR\FM\26MRN1.SGM 26MRN1 18342 Federal Register / Vol. 78, No. 58 / Tuesday, March 26, 2013 / Notices failed to disclose the country of origin of each product. The proposed complaint against DrJays alleges that the company misrepresented the fur content and failed to disclose the animal name for three products: a Snorkel Jacket by Crown Holder; a Fur/Leather Vest by Knoles & Carter; and a New York Subway Leather Bomber Jacket by United Face. It further alleges that DrJays sold at least 241 units. The proposed complaint against Revolve alleges that the company misrepresented the fur content and failed to disclose the animal name for four products: an Australia Luxe Collective Nordic Angel Short Boot; a Marc Jacobs Runway Roebling Coat; a Dakota Xan Fur Poncho; and an Eryn Brinie Belted Faux Fur Vest. It further alleges that Revolve sold at least 158 units of the products. or to modify the proposed orders’ terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2013–06785 Filed 3–25–13; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000–0026; Docket 2012– 0076; Sequence 18] Federal Acquisition Regulation; Submission for OMB Review; Change Order Accounting srobinson on DSK4SPTVN1PROD with NOTICES Proposed Orders AGENCY: The proposed orders are designed to prevent Neiman Marcus, DrJays, and Revolve from engaging in similar acts and practices in the future. Paragraph I bars each proposed respondent from violating the Fur Act and Rules by, among other things, misrepresenting in mail, catalog, or Internet advertisements that the fur in any product is faux or fake or misrepresenting the type of fur. Paragraph I also contains a proviso incorporating the Enforcement Policy Statement that the Commission announced on January 3, 2013. The proviso and Statement provide a safe harbor when a retailer cannot legally obtain a guaranty, as long as the retailer meets certain requirements, including that it neither knew nor should have known of the violation. Paragraphs II though IV will help the Commission ensure that the proposed respondents comply with Part I by requiring them to keep copies of advertisements and materials relied upon in disseminating any representation covered by the orders (Paragraph II); provide copies of the orders to certain personnel having responsibility for the advertising or sale of fur and fake fur products (Paragraph III); and provide certain notices and compliance reports to the Commission (Paragraph IV). Finally, Part V provides that the orders will terminate after twenty (20) years, with certain exceptions. The purpose of this analysis is to facilitate public comment on the proposed orders. It is not intended to constitute an official interpretation of the complaints or the proposed orders, SUMMARY: 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 change order accounting. A notice was published in the Federal Register at 77 FR 51804, on August 27, 2012. One comment was received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulations (FAR), and 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 April 25, 2013. ADDRESSES: Submit comments identified by Information Collection 9000–0026, Change Order Accounting, by any of the following methods: VerDate Mar<15>2010 19:07 Mar 25, 2013 Jkt 229001 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. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘Information Collection 9000–0026, Change Order Accounting’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘Information 9000–0026, Change Order Accounting’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘Information Collection 9000–0026, Change Order Accounting’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: Hada Flowers/IC 9000–0026, Change Order Accounting. Instructions: Please submit comments only and cite Information Collection 9000–0026, Change Order Accounting, in all correspondence related to this collection. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. Mr. Michael O. Jackson, Procurement Analyst, Office of Governmentwide Acquisition Policy, GSA, (202) 208– 4949, or email at michaelo.jackson@gsa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A. Purpose FAR 43.205 allows a contracting officer, whenever the estimated cost of a change or series of related changes under a contract exceeds $100,000, to assert the right in the clause at FAR 52.243–6, Change Order Accounting, to require the contractor to maintain separate accounts for each change or series of related changes. Each account shall record all incurred segregable, direct costs (less allocable credits) of work, changed and unchanged, allocable to the change. These accounts are to be maintained until the parties agree to an equitable adjustment for the changes or until the matter is conclusively disposed of under the Disputes clause. This requirement is necessary in order to be able to account properly for costs associated with changes in supply and research and development contracts that are technically complex and incur numerous changes. E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18340-18342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06785]


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FEDERAL TRADE COMMISSION

[Files No. 082 3199, 122 3063, 122 3065]


The Neiman Marcus Group, Inc.; Dr.Jays.com, Inc., Eminent, Inc.; 
Analysis of Proposed Consent Orders To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreements.

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

SUMMARY: The consent agreements in this matter settle 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 
complaints and the terms of the consent orders--embodied in the consent 
agreements--that would settle these allegations.

DATES: Comments must be received on or before April 18, 2013.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/neimanmarcusconsent; https://ftcpublic.commentworks.com/ftc/drjaysconsent; or https://ftcpublic.commentworks.com/ftc/eminentconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Neiman Marcus, File 
No. 082 3199'' or ``Dr.Jays.com, File No. 122 3063'' or ``Eminent, File 
No. 122 3065'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/neimanmarcusconsent; https://ftcpublic.commentworks.com/ftc/drjaysconsent; or https://ftcpublic.commentworks.com/ftc/eminentconsent 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: Matt Wilshire (202-326-2976), FTC, 
Bureau of Consumer Protection, 600

[[Page 18341]]

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 agreements 
containing consent orders to cease and desist, having been filed with 
and accepted, subject to final approval, by the Commission, have 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 agreements, and the allegations in the complaints. An 
electronic copy of the full text of the consent agreement packages can 
be obtained from the FTC Home Page (for March 19, 2013), on the World 
Wide Web, at https://www.ftc.gov/os/actions.shtm. Paper copies 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 April 18, 2013. 
Write ``Neiman Marcus, File No. 082 3199'' or ``Dr.Jays.com, File No. 
122 3063'' or ``Eminent, File No. 122 3065'' 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/neimanmarcusconsent; https://ftcpublic.commentworks.com/ftc/drjaysconsent; or https://ftcpublic.commentworks.com/ftc/eminentconsent 
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 ``Neiman Marcus, File No. 
082 3199'' or ``Dr.Jays.com, File No. 122 3063'' or ``Eminent, File No. 
122 3065'' 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 April 18, 2013. 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 Orders To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, agreements containing consent 
orders from The Neiman Marcus Group, Inc. (``Neiman Marcus''), 
DrJays.com, Inc. (``DrJays''), and Eminent, Inc., doing business as 
Revolve Clothing (``Revolve'').
    The proposed consent orders have 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 
agreements and the comments received, and decide whether it should 
withdraw from the agreements or make the proposed orders final.

Proposed Complaints

    These matters involve violations of Section 5(a) of the Federal 
Trade Commission Act, 15 U.S.C. 45(a) (``FTC Act''), Section 5(a)(5) of 
the Fur Products Labeling Act, 15 U.S.C. 69c(a)(5) (``Fur Act''), and 
Sections 301.2(c) and 301.49 of the Rules and Regulations Under Fur 
Products Labeling Act, 16 CFR 301.2(c) and 301.49 (``Fur Rules''). In 
2010, Congress enacted the Truth in Fur Labeling Act, which amended the 
Fur Act by, among other things, eliminating an exemption for items 
containing fur valued at no more than $150. As a result, the Fur Act 
now requires disclosure of any fur content in wearing apparel.
    The proposed complaints allege that Neiman Marcus, DrJays, and 
Revolve each advertised products containing real fur as containing 
``faux fur'' on its Internet site. The proposed complaints further 
allege that the advertisements failed to disclose the names, as set 
forth in the Fur Products Name Guide, 16 CFR 301.0, of the animals that 
produced the fur in each product. They also allege that most of the 
products had labels correctly identifying the fur content.
    The proposed complaint against Neiman Marcus alleges that the 
company's Web site misrepresented the fur content and failed to 
disclose the animal name for three products: an Outerwear Jacket, a 
Ballerina Flat by Stuart Weitzman, and a Kyah Faux Fur-Collar Coat. In 
addition to falsely advertising the Ballerina Flat online as ``faux'' 
fur, Neiman Marcus' catalog and mail advertising falsely represented 
that the product's fur was mink when it was in fact rabbit. The 
proposed complaint further alleges that Neiman Marcus sold at least 316 
units of the three products. Finally, it alleges that Neiman Marcus

[[Page 18342]]

failed to disclose the country of origin of each product.
    The proposed complaint against DrJays alleges that the company 
misrepresented the fur content and failed to disclose the animal name 
for three products: a Snorkel Jacket by Crown Holder; a Fur/Leather 
Vest by Knoles & Carter; and a New York Subway Leather Bomber Jacket by 
United Face. It further alleges that DrJays sold at least 241 units.
    The proposed complaint against Revolve alleges that the company 
misrepresented the fur content and failed to disclose the animal name 
for four products: an Australia Luxe Collective Nordic Angel Short 
Boot; a Marc Jacobs Runway Roebling Coat; a Dakota Xan Fur Poncho; and 
an Eryn Brinie Belted Faux Fur Vest. It further alleges that Revolve 
sold at least 158 units of the products.

Proposed Orders

    The proposed orders are designed to prevent Neiman Marcus, DrJays, 
and Revolve from engaging in similar acts and practices in the future.
    Paragraph I bars each proposed respondent from violating the Fur 
Act and Rules by, among other things, misrepresenting in mail, catalog, 
or Internet advertisements that the fur in any product is faux or fake 
or misrepresenting the type of fur. Paragraph I also contains a proviso 
incorporating the Enforcement Policy Statement that the Commission 
announced on January 3, 2013. The proviso and Statement provide a safe 
harbor when a retailer cannot legally obtain a guaranty, as long as the 
retailer meets certain requirements, including that it neither knew nor 
should have known of the violation.
    Paragraphs II though IV will help the Commission ensure that the 
proposed respondents comply with Part I by requiring them to keep 
copies of advertisements and materials relied upon in disseminating any 
representation covered by the orders (Paragraph II); provide copies of 
the orders to certain personnel having responsibility for the 
advertising or sale of fur and fake fur products (Paragraph III); and 
provide certain notices and compliance reports to the Commission 
(Paragraph IV).
    Finally, Part V provides that the orders will terminate after 
twenty (20) years, with certain exceptions.
    The purpose of this analysis is to facilitate public comment on the 
proposed orders. It is not intended to constitute an official 
interpretation of the complaints or the proposed orders, or to modify 
the proposed orders' terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013-06785 Filed 3-25-13; 8:45 am]
BILLING CODE 6750-01-P
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