Very Incognito Technologies, Inc., Doing Business as Vipvape, 51899 [2016-18566]

Download as PDF Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices undermine competition in the pharmaceutical industry. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2016–18562 Filed 8–4–16; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 1623034, Docket No. C–4580] Very Incognito Technologies, Inc., Doing Business as Vipvape Federal Trade Commission. ACTION: Consent order. AGENCY: The Commission has approved a final consent order in this matter, settling alleged violations of federal law prohibiting deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the Complaint and the terms of the Decision and Order. DATES: Issued on June 21, 2016. SUPPLEMENTARY INFORMATION: SUMMARY: mstockstill on DSK3G9T082PROD with NOTICES Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) has approved a final consent order applicable to Very Incognito Technologies, Inc. dba Vipvape (‘‘Vipvape’’). The consent order was placed on the public record for thirty (30) days for receipt of comments by interested persons. Comments received during this period became part of the public record. After the public comment period, the Commission reviewed the agreement and the comments received, and determined to make the proposed order final. This matter concerns allegedly false representations that Vipvape made to consumers concerning its participation in the Asia-Pacific Economic Cooperation (‘‘APEC’’) Cross Border Privacy Rules (‘‘CBPR’’) system. The APEC CBPR system is a voluntary, enforceable mechanism that certifies a company’s compliance with the principles in the CBPR and facilitates privacy-respecting transfers of data amongst APEC member economies. The APEC CBPR system is based on nine data privacy principles: Preventing harm, notice, collection limitation, use choice, integrity, security safeguards, access and correction, and accountability. Companies that seek to participate in the APEC CBPR system must undergo a review by an APECrecognized Accountability Agent, which VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 certifies companies that meet the standards. Companies under the FTC’s jurisdiction are eligible to apply for APEC CBPR certification. The names of certified companies are posted on a public-facing Web site, www.cbprs.org. Companies must re-apply annually in order to retain their status as current participants in the APEC CBPR system. A company that falsely claims APEC CBPR participation may be subject to an enforcement action based on the FTC’s deception authority under Section 5 of the FTC Act. Vipvape makes and distributes handheld vaporizers. According to the Commission’s complaint, Vipvape has set forth on its Web site, https:// www.vipvape.com/content/legal/ warranty/privacy, privacy policies and statements about its practices, including statements related to its participation in the APEC CBPR system. The Commission’s complaint alleges that Vipvape falsely represented that it was a participant in the APEC CBPR system when, in fact, it never sought or obtained certification. Part I of the order prohibits Vipvape from making misrepresentations about its participation in any privacy or security program sponsored by a government or any self-regulatory or standard-setting organization, including, but not limited to, the APEC CBPR system. Parts II through VI of the order are reporting and compliance provisions. Part II requires acknowledgment of the order and dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part III ensures notification to the FTC of changes in corporate status and mandates that Vipvape submit an initial compliance report to the FTC. Part IV requires Vipvape to retain documents relating to its compliance with the order for a fiveyear period. Part V mandates that Vipvape make available to the FTC information or subsequent compliance reports, as requested. Part VI is a provision that ‘‘sunsets’’ the order on June 21, 2036, with certain exceptions. The purpose of this analysis, which was placed on the Commission Web site on May 4, 2016, was to facilitate public comment on the proposed order. It is not intended to constitute an official interpretation of the complaint or order or to modify the order’s terms in any way. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 51899 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2016–18566 Filed 8–4–16; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 161–0102] Mylan N.V.; Analysis 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 methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orders—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before August 29, 2016. ADDRESSES: Interested parties may file a comment at https:// ftcpublic.commentworks.com/ftc/ mylanmedaconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘In the Matter of Mylan N.V., File No. 161–0102—Consent Agreement’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ mylanmedaconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ‘‘In the Matter of Mylan N.V., File No. 161–0102—Consent Agreement’’ 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: Christina Perez (202–326–2350), Bureau of Competition, 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 consent orders to cease and desist, having been filed with and accepted, subject to final SUMMARY: E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Page 51899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18566]


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

FEDERAL TRADE COMMISSION

[File No. 1623034, Docket No. C-4580]


Very Incognito Technologies, Inc., Doing Business as Vipvape

AGENCY: Federal Trade Commission.

ACTION: Consent order.

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

SUMMARY: The Commission has approved a final consent order in this 
matter, settling alleged violations of federal law prohibiting 
deceptive acts or practices. The attached Analysis to Aid Public 
Comment describes both the allegations in the Complaint and the terms 
of the Decision and Order.

DATES: Issued on June 21, 2016.

SUPPLEMENTARY INFORMATION: 

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
approved a final consent order applicable to Very Incognito 
Technologies, Inc. dba Vipvape (``Vipvape'').
    The consent order was placed on the public record for thirty (30) 
days for receipt of comments by interested persons. Comments received 
during this period became part of the public record. After the public 
comment period, the Commission reviewed the agreement and the comments 
received, and determined to make the proposed order final.
    This matter concerns allegedly false representations that Vipvape 
made to consumers concerning its participation in the Asia-Pacific 
Economic Cooperation (``APEC'') Cross Border Privacy Rules (``CBPR'') 
system. The APEC CBPR system is a voluntary, enforceable mechanism that 
certifies a company's compliance with the principles in the CBPR and 
facilitates privacy-respecting transfers of data amongst APEC member 
economies. The APEC CBPR system is based on nine data privacy 
principles: Preventing harm, notice, collection limitation, use choice, 
integrity, security safeguards, access and correction, and 
accountability. Companies that seek to participate in the APEC CBPR 
system must undergo a review by an APEC-recognized Accountability 
Agent, which certifies companies that meet the standards.
    Companies under the FTC's jurisdiction are eligible to apply for 
APEC CBPR certification. The names of certified companies are posted on 
a public-facing Web site, www.cbprs.org. Companies must re-apply 
annually in order to retain their status as current participants in the 
APEC CBPR system. A company that falsely claims APEC CBPR participation 
may be subject to an enforcement action based on the FTC's deception 
authority under Section 5 of the FTC Act.
    Vipvape makes and distributes hand-held vaporizers. According to 
the Commission's complaint, Vipvape has set forth on its Web site, 
https://www.vipvape.com/content/legal/warranty/privacy, privacy 
policies and statements about its practices, including statements 
related to its participation in the APEC CBPR system.
    The Commission's complaint alleges that Vipvape falsely represented 
that it was a participant in the APEC CBPR system when, in fact, it 
never sought or obtained certification.
    Part I of the order prohibits Vipvape from making 
misrepresentations about its participation in any privacy or security 
program sponsored by a government or any self-regulatory or standard-
setting organization, including, but not limited to, the APEC CBPR 
system.
    Parts II through VI of the order are reporting and compliance 
provisions. Part II requires acknowledgment of the order and 
dissemination of the order now and in the future to persons with 
responsibilities relating to the subject matter of the order. Part III 
ensures notification to the FTC of changes in corporate status and 
mandates that Vipvape submit an initial compliance report to the FTC. 
Part IV requires Vipvape to retain documents relating to its compliance 
with the order for a five-year period. Part V mandates that Vipvape 
make available to the FTC information or subsequent compliance reports, 
as requested. Part VI is a provision that ``sunsets'' the order on June 
21, 2036, with certain exceptions.
    The purpose of this analysis, which was placed on the Commission 
Web site on May 4, 2016, was to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the complaint or order or to modify the order's terms 
in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-18566 Filed 8-4-16; 8:45 am]
 BILLING CODE 6750-01-P