Nice-Pak Products, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 29706-29708 [2015-12462]

Download as PDF 29706 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices Item No. Bureau Subject 1 ................... CONSUMER & GOVERNMENTAL AFFAIRS. 2 ................... MEDIA ....................................................... TITLE: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Section 105, Relay Services for Deaf-Blind Individuals (CC Docket No. 10–210). SUMMARY: The Commission will consider an Order to extend the National DeafBlind Equipment Distribution Program and a Notice of Proposed Rulemaking to permanently extend the program. The program provides up to $10 million annually from the Interstate Telecommunications Relay Service Fund to support programs that distribute communications equipment to low-income individuals who are deaf-blind. TITLE: Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010 (MB Docket No. 12–107). SUMMARY: The Commission will consider a Second Report and Order and Second Further Notice of Proposed Rulemaking to extend accessibility rules for emergency alerts to ‘‘second screens,’’ including tablets, smartphones, laptops, and similar devices. The proposal would take additional steps to make emergency information in video programming accessible to individuals who are blind or visually impaired. asabaliauskas on DSK5VPTVN1PROD with NOTICES The meeting site is fully accessible to people using wheelchairs or other mobility aids. Sign language interpreters, open captioning, and assistive listening devices will be provided on site. Other reasonable accommodations for people with disabilities are available upon request. In your request, include a description of the accommodation you will need and a way we can contact you if we need more information. Last minute requests will be accepted, but may be impossible to fill. Send an email to: fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202–418–0432 (TTY). Additional information concerning this meeting may be obtained from Meribeth McCarrick, Office of Media Relations, (202) 418–0500; TTY 1–888– 835–5322. Audio/Video coverage of the meeting will be broadcast live with open captioning over the Internet from the FCC Live Web page at www.fcc.gov/ live. For a fee this meeting can be viewed live over George Mason University’s Capitol Connection. The Capitol Connection also will carry the meeting live via the Internet. To purchase these services, call (703) 993–3100 or go to www.capitolconnection.gmu.edu. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2015–12364 Filed 5–21–15; 8:45 am] BILLING CODE 6712–01–P VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 FEDERAL RESERVE SYSTEM to section 225.28(b)(6)(i) of Regulation Y. Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities Board of Governors of the Federal Reserve System, May 19, 2015. Michael J. Lewandowski, Associate Secretary of the Board. The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Unless otherwise noted, comments regarding the notices must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 9, 2015. A. Federal Reserve Bank of New York (Ivan Hurwitz, Vice President) 33 Liberty Street, New York, New York 10045–0001: 1. Commonwealth Bank of Australia, Sydney, Australia; to engage de novo through its wholly-owned subsidiary, First State Investments (US) LLC, New York, New York, in financial and investment advisory activities, pursuant PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 [FR Doc. 2015–12495 Filed 5–21–15; 8:45 am] BILLING CODE 6210–01–P FEDERAL TRADE COMMISSION [File No. 132–3272] Nice-Pak Products, 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. 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. SUMMARY: Comments must be received on or before June 19, 2015. ADDRESSES: Interested parties may file a comment at https:// ftcpublic.commentworks.com/ftc/ nicepakconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Nice-Pak Products— Consent Agreement; File No. 132–3272’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ nicepakconsent by following the instructions on the Web-based form. If DATES: E:\FR\FM\22MYN1.SGM 22MYN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices you prefer to file your comment on paper, write ‘‘Nice-Pak Products— Consent Agreement; File No. 132–3272’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC– 5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Sylvia J. Kundig, FTC Western Region, (415) 848–5188, 901 Market Street, Suite 570, San Francisco, CA 94103. 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 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 May 18, 2015), on the World Wide Web at: http://www.ftc.gov/ os/actions.shtm. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before June 19, 2015. Write ‘‘Nice-Pak Products—Consent Agreement; File No. 132–3272’’ 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 http:// 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 VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 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/ nicepakconsent by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Nice-Pak Products—Consent Agreement; File No. 132–3272 on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://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 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 00106 Fmt 4703 Sfmt 4703 29707 consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before June 19, 2015. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http:// www.ftc.gov/ftc/privacy.htm. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has accepted, subject to final approval, an agreement containing consent order from Nice-Pak Products, Inc. (‘‘Nice-Pak’’). 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 from the agreement and take appropriate action or make final the agreement’s proposed order. Nice-Pak is a manufacturer of ‘‘flushable’’ moist toilet tissue made from non-elemental chlorine bleached wood pulp, bicomponent fibers and EP907 repulpable binder. It advertised the flushable moist toilet tissue as being safe for sewer and septic systems, and breaking apart shortly after flushing. The Commission’s complaint, however, alleges that Nice-Pak did not have adequate substantiation for the claims, because its substantiation did not accurately reflect the real-world conditions that the moist toilet tissue encounters after flushing. In addition, the complaint alleges that Nice-Pak provided retailers, such as Costco, CVS, Target, and BJ’s, that sold the Nice-Pak flushable moist toilet tissue under their private labels with the inadequate substantiation and the retailers then repeated the unsubstantiated claims. The proposed consent order contains provisions designed to prevent Nice-Pak from engaging in similar acts or practices in the future. Part I of the order prohibits Nice-Pak from misrepresenting that any wipe is safe to flush unless Nice-Pak’s substantiation demonstrates that the wipe will disperse in a sufficiently short amount of time after flushing to avoid clogging or other operational problems in household and municipal sewage lines, septic systems and other standard wastewater equipment, and that those tests substantially replicate the physical conditions of the environment the wipe will be disposed in. E:\FR\FM\22MYN1.SGM 22MYN1 29708 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices Part II of the proposed order prohibits Nice-Pak from making any representation about moist toilet tissue unless the representation is nonmisleading, and, at the time it is made, Nice-Pak possesses and relies upon competent and reliable evidence that substantiates the representation. Part III of the proposed order prohibits Nice-Pak from providing the means and instrumentalities to others to make the representations that Nice-Pak would be prohibited from making by Parts I and II of the proposed order. Part IV of the proposed order contains recordkeeping requirements for advertisements and substantiation relevant to representations covered by Parts I through III of the order. Parts V, VII and VIII of the proposed order require Nice-Pak to: Deliver a copy of the order to certain personnel having managerial responsibilities with respect to the subject matter of the order; notify the Commission of changes in corporate structure that might affect compliance obligations under the order; and file compliance reports with the Commission. Part VI of the proposed order requires Nice-Pak to provide notice of the order to its private label customers. Part IX of the proposed order 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 complaint or proposed order, or to modify the proposed order’s terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2015–12462 Filed 5–21–15; 8:45 am] BILLING CODE 6750–01–P GULF COAST ECOSYSTEM RESTORATION COUNCIL [Docket Number: 105002015– 1111–04] Notice and Request for Comment on Local Contracting Preference Interpretation Gulf Coast Ecosystem Restoration Council. ACTION: Notice of interpretation and implementation with request for comment. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: The Gulf Coast Ecosystem Restoration Council (Council) is seeking comment on its planned implementation of the local contracting SUMMARY: VerDate Sep<11>2014 18:19 May 21, 2015 Jkt 235001 preference requirement of the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). DATES: Comments on this notice of interpretation and implementation are due June 22, 2015. ADDRESSES: The Council invites comments on its planned implementation of the local contracting preference requirement. Comments may be submitted through one of these methods: Electronic Submission of Comments: Interested persons may submit comments electronically through the Federal eRulemaking Portal at http:// www.regulations.gov. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt, and enables the Council to make them available to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Mail: Send to Gulf Coast Ecosystem Restoration Council, 500 Poydras Street, Suite 1117, New Orleans, LA 70130. Email: Send to frcomments@ restorethegulf.gov. In general, the Council will make such comments available for public inspection and copying on its Web site, http://www.restorethegulf.gov/ without change, including any business or personal information provided, such as names, addresses, email addresses, or telephone numbers. All comments received, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. You should only submit information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Jeffrey Roberson at 202–482–1315. SUPPLEMENTARY INFORMATION: of the RESTORE Act. On August 15, 2014, the Department of Treasury (Treasury) issued regulations (79 FR 48039) applicable to all five components, and which generally describe the responsibilities of the Federal and State entities that administer RESTORE Act programs and carry out restoration activities in the Gulf Coast Region. Two of the five components, the Comprehensive Plan and Spill Impact Components, are administered by the Council, an independent federal entity created by the RESTORE Act. Under the Comprehensive Plan component (33 U.S.C. 1321(t)(2)), the subject of this notice, 30 percent of funds in the Trust Fund will be used to fund the operations of the Council and to carry out projects and programs adopted in the Council’s Comprehensive Plan. An Initial Comprehensive Plan was adopted by the Council in August 2013 and is available at http:// www.restorethegulf.gov/sites/default/ files/Initial%20Comprehensive %20Plan%20Aug%202013.pdf. In the coming months, the Council will create a Funded Priorities List (FPL) to fund and/or prioritize for further review programs and projects that restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. Programs and projects selected for funding in the FPL will be funded either through grants to the State members of the Council (Alabama, Florida, Louisiana, Mississippi, and Texas) or interagency agreements to the Federal members of the Council (the Departments of Agriculture, Army, Commerce, and the Interior, the Department in which the Coast Guard is operating, and the Environmental Protection Agency). Those State and Federal members of the Council may in turn award grants or contracts to carry out the funded programs and projects. I. Background The RESTORE Act, Public Law 112– 141 (July 6, 2012), codified at 33 U.S.C. 1321(t) and note, makes funds available for the restoration and protection of the Gulf Coast Region through a new trust fund in the Treasury of the United States, known as the Gulf Coast Restoration Trust Fund (Trust Fund). The Trust Fund will contain 80 percent of the administrative and civil penalties paid by the responsible parties after July 6, 2012, under the Federal Water Pollution Control Act in connection with the DEEPWATER HORIZON oil spill. These funds will be invested and made available through five components II. Discussion of This Interpretation and Implementation The RESTORE Act requires the Council to ‘‘develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in a Gulf Coast State’’. 33 U.S.C. 1321(t)(2)(C)(vii)(V). Application of a local contracting preference at the State and Federal level require separate analysis. At the State level, the Council will not impose any special grant award PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29706-29708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12462]


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

FEDERAL TRADE COMMISSION

[File No. 132-3272]


Nice-Pak Products, 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. 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 June 19, 2015.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/nicepakconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Nice-Pak Products--
Consent Agreement; File No. 132-3272'' on your comment and file your 
comment online at https://ftcpublic.commentworks.com/ftc/nicepakconsent 
by following the instructions on the Web-based form. If

[[Page 29707]]

you prefer to file your comment on paper, write ``Nice-Pak Products--
Consent Agreement; File No. 132-3272'' on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Sylvia J. Kundig, FTC Western Region, 
(415) 848-5188, 901 Market Street, Suite 570, San Francisco, CA 94103.

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 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 May 18, 2015), on the World Wide Web at: 
http://www.ftc.gov/os/actions.shtm.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before June 19, 2015. 
Write ``Nice-Pak Products--Consent Agreement; File No. 132-3272'' 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 http://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/nicepakconsent by following the instructions on the web-based form. 
If this Notice appears at http://www.regulations.gov/#!home, you also 
may file a comment through that Web site.
    If you file your comment on paper, write ``Nice-Pak Products--
Consent Agreement; File No. 132-3272 on your comment and on the 
envelope, and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
D), Washington, DC 20024. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site at http://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 June 19, 2015. You can find more information, 
including routine uses permitted by the Privacy Act, in the 
Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing consent 
order from Nice-Pak Products, Inc. (``Nice-Pak'').
    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 from the agreement and take appropriate action or make final 
the agreement's proposed order.
    Nice-Pak is a manufacturer of ``flushable'' moist toilet tissue 
made from non-elemental chlorine bleached wood pulp, bicomponent fibers 
and EP907 repulpable binder. It advertised the flushable moist toilet 
tissue as being safe for sewer and septic systems, and breaking apart 
shortly after flushing. The Commission's complaint, however, alleges 
that Nice-Pak did not have adequate substantiation for the claims, 
because its substantiation did not accurately reflect the real-world 
conditions that the moist toilet tissue encounters after flushing. In 
addition, the complaint alleges that Nice-Pak provided retailers, such 
as Costco, CVS, Target, and BJ's, that sold the Nice-Pak flushable 
moist toilet tissue under their private labels with the inadequate 
substantiation and the retailers then repeated the unsubstantiated 
claims.
    The proposed consent order contains provisions designed to prevent 
Nice-Pak from engaging in similar acts or practices in the future.
    Part I of the order prohibits Nice-Pak from misrepresenting that 
any wipe is safe to flush unless Nice-Pak's substantiation demonstrates 
that the wipe will disperse in a sufficiently short amount of time 
after flushing to avoid clogging or other operational problems in 
household and municipal sewage lines, septic systems and other standard 
wastewater equipment, and that those tests substantially replicate the 
physical conditions of the environment the wipe will be disposed in.

[[Page 29708]]

    Part II of the proposed order prohibits Nice-Pak from making any 
representation about moist toilet tissue unless the representation is 
non-misleading, and, at the time it is made, Nice-Pak possesses and 
relies upon competent and reliable evidence that substantiates the 
representation.
    Part III of the proposed order prohibits Nice-Pak from providing 
the means and instrumentalities to others to make the representations 
that Nice-Pak would be prohibited from making by Parts I and II of the 
proposed order.
    Part IV of the proposed order contains recordkeeping requirements 
for advertisements and substantiation relevant to representations 
covered by Parts I through III of the order.
    Parts V, VII and VIII of the proposed order require Nice-Pak to: 
Deliver a copy of the order to certain personnel having managerial 
responsibilities with respect to the subject matter of the order; 
notify the Commission of changes in corporate structure that might 
affect compliance obligations under the order; and file compliance 
reports with the Commission.
    Part VI of the proposed order requires Nice-Pak to provide notice 
of the order to its private label customers.
    Part IX of the proposed order 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 complaint or proposed order, or to modify the 
proposed order's terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-12462 Filed 5-21-15; 8:45 am]
BILLING CODE 6750-01-P