iSpring Water Systems, LLC; Analysis of Proposed Consent Order To Aid Public Comment, 10010-10012 [2017-02663]
Download as PDF
10010
Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices
General Description of Collection: The
FDIC is requesting renewal of this
approved collection to use occasional
qualitative surveys to gather information
from the public. In general, these
surveys do not involve more than 850
respondents, do not require more than
one hour per respondent, and are
completely voluntary in nature. It is not
contemplated that more than 15 such
surveys will be conducted in any given
year. The purpose of the surveys is, in
general terms, to obtain anecdotal
information about regulatory burden,
problems or successes in the bank
supervisory process (including both
safety-and-soundness and consumerrelated exams), the perceived need for
regulatory or statutory change, and
similar concerns. The information in
these surveys is anecdotal in nature,
that is, samples are not necessarily
random, the results are not necessarily
representative of a larger class of
potential respondents, and the goal is
not to produce a statistically valid and
reliable database. Rather, the surveys are
expected to yield anecdotal information
about the particular experiences and
opinions of members of the public,
primarily staff at respondent banks or
bank customers. The information is
used to improve the way FDIC relates to
its clients, to develop agendas for
regulatory or statutory change, and in
some cases simply to learn how
particular policies or programs are
working, or are perceived in particular
cases.
4. Title: Interagency Guidance on
Sound Incentive Compensation
Practices.
OMB Number: 3064–0175.
Form Number: None.
Affected Public: Insured State
Nonmember Banks and State Savings
Associations.
Burden Estimate:
Type of burden
sradovich on DSK3GMQ082PROD with NOTICES
Annual maintenance of policies and procedures.
Estimated
number of
respondents
Estimated
number of
responses
Estimated
time per
response
(hours)
Frequency
of response
Total annual
estimated
burden
(hours)
Recordkeeping ...................
3,878
1
40
Annual ............
155,120
General Description of Collection: The
Guidance on Sound Incentive
Compensation Practices helps ensure
that incentive compensation policies at
insured state nonmember banks and
state savings associations do not
encourage excessive risk-taking and are
consistent with the safety and
soundness of the organization. Under
the Guidance, banks are required to: (i)
Have policies and procedures that
identify and describe the role(s) of the
personnel and units authorized to be
involved in incentive compensation
arrangements, identify the source of
significant risk-related inputs, establish
appropriate controls governing these
inputs to help ensure their integrity, and
identify the individual(s) and unit(s)
whose approval is necessary for the
establishment or modification of
incentive compensation arrangements;
(ii) create and maintain sufficient
documentation to permit an audit of the
organization’s processes for incentive
compensation arrangements; (iii) have
any material exceptions or adjustments
to the incentive compensation
arrangements established for senior
executives approved and documented
by its board of directors; and (iv) have
its board of directors receive and
review, on an annual or more frequent
basis operation of the organization’s
incentive compensation system in
providing risk-taking incentives that are
consistent with the organization’s safety
and soundness.
Request for Comment
Comments are invited on: (a) Whether
the collections of information are
necessary for the proper performance of
VerDate Sep<11>2014
18:11 Feb 08, 2017
Jkt 241001
the FDIC’s functions, including whether
the information has practical utility; (b)
the accuracy of the estimates of the
burden of the information collections,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collections of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. All comments will become
a matter of public record.
The Receiver has further irrevocably
authorized and appointed FDICCorporate as its attorney-in-fact to
execute and file any and all documents
that may be required to be executed by
the Receiver which FDIC-Corporate, in
its sole discretion, deems necessary;
including but not limited to releases,
discharges, satisfactions, endorsements,
assignments and deeds.
Effective February 1, 2017, the
Receivership Estate has been
terminated, the Receiver discharged,
and the Receivership Estate has ceased
to exist as a legal entity.
Dated at Washington, DC, this 3rd day of
February 2017.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
Dated: February 6, 2017.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. 2017–02635 Filed 2–8–17; 8:45 am]
BILLING CODE 6714–01–P
[FR Doc. 2017–02671 Filed 2–8–17; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL TRADE COMMISSION
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of Termination of the
Receivership of 10299, WestBridge
Bank and Trust Company,
Chesterfield, Missouri
The Federal Deposit Insurance
Corporation (‘‘FDIC’’), as Receiver for
10299, WestBridge Bank and Trust
Company, Chesterfield, Missouri
(‘‘Receiver’’), has been authorized to
take all actions necessary to terminate
the receivership estate of WestBridge
Bank and Trust Company
(‘‘Receivership Estate’’); the Receiver
has made all dividend distributions
required by law.
PO 00000
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Fmt 4703
Sfmt 4703
[File No. 172 3033]
iSpring Water Systems, LLC; 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:
E:\FR\FM\09FEN1.SGM
09FEN1
Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices
Comments must be received on
or before March 3, 2017.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
ispringconsent 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 iSpring
Water Systems, LLC, File No. 1723033—
Consent Agreement’’ on your comment
and file your comment online at https://
ftcpublic.commentworks.com/ftc/
ispringconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, write ‘‘In the Matter of iSpring
Water Systems, LLC, File No. 1723033—
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: Julia
Solomon Ensor, Attorney, (202) 326–
2377, or Crystal Ostrum, Attorney, (202)
326–3405, Bureau of Consumer
Protection, Federal Trade Commission,
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
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 February 1, 2017), on
the World Wide Web at: https://
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 March 3, 2017. Write ‘‘In the
Matter of iSpring Water Systems, LLC,
File No. 1723033—Consent Agreement’’
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
sradovich on DSK3GMQ082PROD with NOTICES
DATES:
VerDate Sep<11>2014
18:11 Feb 08, 2017
Jkt 241001
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.
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/
ispringconsent 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 ‘‘In the Matter of iSpring Water
Systems, LLC, File No. 1723033—
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 00029
Fmt 4703
Sfmt 4703
10011
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. 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 March 3, 2017. 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 Proposed 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 iSpring
Water Systems, LLC. (‘‘respondent’’).
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 or make
final the agreement’s proposed order.
This matter involves respondent’s
marketing, sale, and distribution of
water filtration systems and associated
parts and accessories with claims that
the products are of U.S.-origin.
According to the FTC’s complaint,
respondent represented that all of its
products are ‘‘Built in USA.’’ In fact, in
many instances, respondent’s products
are wholly imported. In other instances,
respondent sources significant inputs to
its products from overseas.
The complaint alleges that
respondent’s claims that its products are
‘‘Built in USA’’ were false or
misleading, or not substantiated at the
time the representations were made.
Accordingly, the complaint alleges that
respondent engaged in deceptive acts or
E:\FR\FM\09FEN1.SGM
09FEN1
sradovich on DSK3GMQ082PROD with NOTICES
10012
Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices
practices in violation of Section 5(a) of
the FTC Act.
The proposed consent order contains
provisions designed to prevent
respondent from engaging in similar
acts and practices in the future.
Consistent with the FTC’s Enforcement
Policy Statement on U.S. Origin Claims,
Part I prohibits iSpring from making
U.S.-origin claims for its products
unless either: (1) The final assembly or
processing of the product occurs in the
United States, all significant processing
that goes into the product occurs in the
United States, and all or virtually all
ingredients or components of the
product are made and sourced in the
United States; or (2) a clear and
conspicuous qualification appears
immediately adjacent to the
representation that accurately conveys
the extent to which the product contains
foreign parts, ingredients, and/or
processing.
Part II prohibits respondent from
making any ‘‘Made in the USA’’ or other
country-of-origin claim about a product
or service unless the claim is true, not
misleading, and respondent has a
reasonable basis substantiating the
representation.
Parts III through VI are reporting and
compliance provisions. Part III requires
respondent to acknowledge receipt of
the order, to provide a copy of the order
to certain current and future principals,
officers, directors, and employees, and
to obtain an acknowledgement from
each such person that they have
received a copy of the order. Part IV
requires the filing of compliance reports
within one year after the order becomes
final and within 14 days of any change
in respondent that would affect
compliance with the order. Part V
requires respondent to maintain certain
records, including records necessary to
demonstrate compliance with the order.
Part VI requires respondent to submit
additional compliance reports when
requested by the Commission and to
permit the Commission or its
representatives to interview
respondent’s personnel.
Finally, Part VII is a ‘‘sunset’’
provision, terminating the order after
twenty (20) years, with certain
exceptions.
The purpose of this analysis is to aid
public comment on the proposed order.
It is not intended to constitute an
official interpretation of the proposed
order or to modify its terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017–02663 Filed 2–8–17; 8:45 am]
BILLING CODE 6750–01–P
VerDate Sep<11>2014
18:11 Feb 08, 2017
Jkt 241001
FEDERAL TRADE COMMISSION
Privacy Act of 1974; System of
Records
AGENCY:
Federal Trade Commission
(FTC).
Proposed routine use; request
for public comment.
ACTION:
The FTC proposes to adopt a
new routine use that would permit
disclosure of the agency’s Freedom of
Information Act (‘‘FOIA’’) request and
appeal records to the Office of
Government Information Services
(‘‘OGIS’’), in order for OGIS to assist
FOIA requesters in the processing and
resolution of their requests and appeals.
DATES: Comments must be submitted by
March 13, 2017. This routine use, which
is being published in proposed form,
shall become final and effective April
10, 2017, without further notice unless
otherwise amended or repealed by the
Commission on the basis of any
comments received.
ADDRESSES: Interested parties are
invited to submit written comments by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Comments should refer to
‘‘Privacy Act of 1974; System of
Records: FTC File No. P072104’’ to
facilitate the organization of comments.
Please file your comment online at
https://ftcpublic.commentworks.com/
ftc/ogisroutineuse 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,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex J), 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 J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: G.
Richard Gold and Alex Tang, Attorneys,
Office of the General Counsel, FTC, 600
Pennsylvania Avenue NW., Washington,
DC 20580, (202) 326–2424.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Request for Comments
You can file a comment online or on
paper. Write ‘‘Privacy Act of 1974;
System of Records: FTC File No.
P072104’’ 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://
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
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, such as a 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, such as 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 must 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 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, the Commission encourages 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/
ogisroutineuse by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov, you also may file
a comment through that Web site.
If you file your comment on paper,
write ‘‘Privacy Act of 1974; System of
Records: FTC File No. P072104’’ on
your comment and on the envelope, and
mail it to the following address: Federal
Trade Commission, Office of the
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\09FEN1.SGM
09FEN1
Agencies
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 10010-10012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02663]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 172 3033]
iSpring Water Systems, LLC; 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.
[[Page 10011]]
DATES: Comments must be received on or before March 3, 2017.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/ispringconsent 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
iSpring Water Systems, LLC, File No. 1723033--Consent Agreement'' on
your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/ispringconsent by following the
instructions on the web-based form. If you prefer to file your comment
on paper, write ``In the Matter of iSpring Water Systems, LLC, File No.
1723033--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: Julia Solomon Ensor, Attorney, (202)
326-2377, or Crystal Ostrum, Attorney, (202) 326-3405, Bureau of
Consumer Protection, Federal Trade Commission, 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 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 February 1, 2017), on the World Wide Web
at: https://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 March 3, 2017.
Write ``In the Matter of iSpring Water Systems, LLC, File No. 1723033--
Consent Agreement'' 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/ispringconsent 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 ``In the Matter of iSpring
Water Systems, LLC, File No. 1723033--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. 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 March 3, 2017. 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 Proposed 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 iSpring Water Systems, LLC. (``respondent'').
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 or make final the agreement's proposed
order.
This matter involves respondent's marketing, sale, and distribution
of water filtration systems and associated parts and accessories with
claims that the products are of U.S.-origin. According to the FTC's
complaint, respondent represented that all of its products are ``Built
in USA.'' In fact, in many instances, respondent's products are wholly
imported. In other instances, respondent sources significant inputs to
its products from overseas.
The complaint alleges that respondent's claims that its products
are ``Built in USA'' were false or misleading, or not substantiated at
the time the representations were made. Accordingly, the complaint
alleges that respondent engaged in deceptive acts or
[[Page 10012]]
practices in violation of Section 5(a) of the FTC Act.
The proposed consent order contains provisions designed to prevent
respondent from engaging in similar acts and practices in the future.
Consistent with the FTC's Enforcement Policy Statement on U.S. Origin
Claims, Part I prohibits iSpring from making U.S.-origin claims for its
products unless either: (1) The final assembly or processing of the
product occurs in the United States, all significant processing that
goes into the product occurs in the United States, and all or virtually
all ingredients or components of the product are made and sourced in
the United States; or (2) a clear and conspicuous qualification appears
immediately adjacent to the representation that accurately conveys the
extent to which the product contains foreign parts, ingredients, and/or
processing.
Part II prohibits respondent from making any ``Made in the USA'' or
other country-of-origin claim about a product or service unless the
claim is true, not misleading, and respondent has a reasonable basis
substantiating the representation.
Parts III through VI are reporting and compliance provisions. Part
III requires respondent to acknowledge receipt of the order, to provide
a copy of the order to certain current and future principals, officers,
directors, and employees, and to obtain an acknowledgement from each
such person that they have received a copy of the order. Part IV
requires the filing of compliance reports within one year after the
order becomes final and within 14 days of any change in respondent that
would affect compliance with the order. Part V requires respondent to
maintain certain records, including records necessary to demonstrate
compliance with the order. Part VI requires respondent to submit
additional compliance reports when requested by the Commission and to
permit the Commission or its representatives to interview respondent's
personnel.
Finally, Part VII is a ``sunset'' provision, terminating the order
after twenty (20) years, with certain exceptions.
The purpose of this analysis is to aid public comment on the
proposed order. It is not intended to constitute an official
interpretation of the proposed order or to modify its terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-02663 Filed 2-8-17; 8:45 am]
BILLING CODE 6750-01-P