Gennex Media LLC; Analysis of Proposed Consent Order To Aid Public Comment, 13385-13386 [2021-04650]

Download as PDF Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices kept confidential under exemption 4 for the FOIA, which protects commercial or financial information obtained from a person that is privileged or confidential.5 Finally, this information may be kept confidential under exemption 6, which protects information ‘‘the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.’’ 6 Current actions: On April 22, 2020, the Board published an interim final rule in the Federal Register (85 FR 22348) requesting public comment for 60 days on the extension for three years of the FR O. The Board did not receive any comments relevant to the PRA. Board of Governors of the Federal Reserve System, March 2, 2021. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2021–04690 Filed 3–5–21; 8:45 am] BILLING CODE 6210–01–P FEDERAL TRADE COMMISSION [File No. 202 3122] Gennex Media LLC; Analysis of Proposed Consent Order To Aid Public Comment Federal Trade Commission. Proposed Consent Agreement; Request for Comment. AGENCY: ACTION: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order 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 April 5, 2021. ADDRESSES: Interested parties may file comments online or on paper by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Please write ‘‘Gennex Media LLC; File No. 202 3122’’ on your comment, and file your comment online at https://www.regulations.gov by following the instructions on the webbased form. If you prefer to file your comment on paper, 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 jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: 5 6 5 U.S.C. 552(b)(4). 5 U.S.C. 552(b)(6). VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 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 (202–326–2377), 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 a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained at https:// www.ftc.gov/news-events/commissionactions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before April 5, 2021. Write ‘‘Gennex Media LLC; File No. 202 3122’’ 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 https:// www.regulations.gov website. Due to the COVID–19 public health emergency and the agency’s heightened security screening, postal mail addressed to the Commission will be subject to delay. We strongly encourage you to submit your comments online through the https://www.regulations.gov website. If you prefer to file your comment on paper, write ‘‘Gennex Media LLC; File No. 202 3122’’ on your comment and on the envelope, and mail it 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. Because your comment will be placed on the publicly accessible website at https://www.regulations.gov, you are PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 13385 solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not include sensitive personal information, such as your or anyone else’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 your comment does not include sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by 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)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c). 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). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the https:// www.regulations.gov website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from that website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC website at http:// www.ftc.gov to read this Notice and the news release describing the proposed settlement. 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 5, 2021. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/ site-information/privacy-policy. E:\FR\FM\08MRN1.SGM 08MRN1 jbell on DSKJLSW7X2PROD with NOTICES 13386 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 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 Gennex Media LLC and Akil Kurji (‘‘Respondents’’). The proposed consent order has been placed on the public record for thirty days for receipt of comments from interested persons. Comments received during this period will become part of the public record. After thirty 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 Respondents’ use of ‘‘Made in USA’’ claims to advertise and sell customizable promotional products to consumers. According to the FTC’s complaint, Respondents represented that the customizable promotional products they offer are all or virtually all made in the United States. In fact, in numerous instances, Respondents’ customizable promotional products are wholly imported from China. Indeed, in some instances the products ship directly to consumers from China without passing through Respondents’ U.S. facility. According to the complaint, Kurji, Gennex’s sole officer and shareholder, formulated or approved marketing materials with U.S.-origin claims despite knowing numerous products advertised are imported. Based on the foregoing, the complaint alleges that Respondents engaged in deceptive acts or practices in violation of Section 5(a) of the FTC Act. The proposed consent order contains provisions designed to prevent Respondents 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 Respondents from making U.S.-origin claims for their 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; (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 or components, and/or processing; or (3) for a claim that a product is assembled in the United States, the product is last VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 substantially transformed in the United States, the product’s principal assembly takes place in the United States, and United States assembly operations are substantial. Part II prohibits Respondents from making any countryof-origin claim about a product or service unless the claim is true, not misleading, and Respondents have a reasonable basis substantiating the representation. Parts III through V are monetary provisions. Part III imposes a judgment of $146,249.24. Part IV includes additional monetary provisions relating to collections. Part V requires Respondents to provide sufficient customer information to enable the Commission to administer consumer redress, if appropriate. Parts VI through IX are reporting and compliance provisions. Part VI requires Respondents 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 VII requires Respondents to file a compliance report within one year after the order becomes final and to notify the Commission within 14 days of certain changes that would affect compliance with the order. Part VIII requires Respondents to maintain certain records, including records necessary to demonstrate compliance with the order. Part IX requires Respondents to submit additional compliance reports when requested by the Commission and to permit the Commission or its representatives to interview Respondents’ personnel. Finally, Part X 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 complaint or proposed order, or to modify in any way the proposed order’s terms. By direction of the Commission. April J. Tabor, Secretary. [FR Doc. 2021–04650 Filed 3–5–21; 8:45 am] BILLING CODE 6750–01–P PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 GENERAL SERVICES ADMINISTRATION [Notice–PBS–2021–01; Docket No. 2021– 0002; Sequence No. 2] Notice of Availability and Announcement of Meeting for the Chet Holifield Federal Building Final Environmental Impact Statement, Laguna Niguel, California Public Buildings Service (PBS), General Services Administration (GSA). ACTION: Notice of Availability; Announcement of Meeting. AGENCY: This notice announces the availability of the Final Environmental Impact Statement (FEIS), which examines the potential impacts of a proposal by the General Services Administration (GSA) to address longterm housing for the tenants of the Chet Holifield Federal Building (CHFB) either through lease relocation or a combination of new construction and lease relocation; as well as the disposal of the CHFB out of federal ownership. The CHFB is owned and managed by GSA and is home to various federal agency tenants, with the United States Citizenship and Immigration Services (USCIS) serving as the largest tenant. The FEIS describes the reason for the project; alternatives considered; potential environmental impacts; avoidance, minimization, and mitigation measures; includes responses to comments received on the Draft Environmental Impact Statement; and identifies the Preferred Alternative. GSA is serving as the lead agency in this undertaking, and acting on behalf of its tenants at this facility. DATES: GSA will hold a virtual public meeting for the FEIS on Tuesday, March 16th, 2021 from 4:30 p.m. to 6:30 p.m., Pacific Time (PT). Interested parties are encouraged to join and provide comments on the FEIS. The public comment period for the FEIS ends Sunday, April 4th, 2021. After this date, GSA may prepare and sign the Record of Decision (ROD), which would provide project approval; undertake additional studies; or abandon the project. SUMMARY: GSA will host a virtual public meeting during the public comment period as listed under DATES to solicit public comment. The purpose of the meeting is to collect public comments on the FEIS. The virtual public meeting will begin with presentations on the National Environmental Policy Act (NEPA) process and the proposed project. A copy of the presentation slideshow will ADDRESSES: E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13385-13386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04650]


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FEDERAL TRADE COMMISSION

[File No. 202 3122]


Gennex Media LLC; Analysis of Proposed Consent Order To Aid 
Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement; Request for Comment.

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

SUMMARY: The consent agreement in this matter settles alleged 
violations of federal law prohibiting unfair or deceptive acts or 
practices. The attached Analysis of Proposed Consent Order 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 April 5, 2021.

ADDRESSES: Interested parties may file comments online or on paper by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Please write ``Gennex Media 
LLC; File No. 202 3122'' on your comment, and file your comment online 
at https://www.regulations.gov by following the instructions on the 
web-based form. If you prefer to file your comment on paper, 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 (202-326-2377), 
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 a consent order to cease and desist, having been filed with 
and accepted, subject to final approval, by the Commission, has been 
placed on the public record for a period of thirty (30) days. The 
following Analysis to Aid Public Comment describes the terms of the 
consent agreement and the allegations in the complaint. An electronic 
copy of the full text of the consent agreement package can be obtained 
at https://www.ftc.gov/news-events/commission-actions.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before April 5, 2021. 
Write ``Gennex Media LLC; File No. 202 3122'' 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 https://www.regulations.gov website.
    Due to the COVID-19 public health emergency and the agency's 
heightened security screening, postal mail addressed to the Commission 
will be subject to delay. We strongly encourage you to submit your 
comments online through the https://www.regulations.gov website.
    If you prefer to file your comment on paper, write ``Gennex Media 
LLC; File No. 202 3122'' on your comment and on the envelope, and mail 
it 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.
    Because your comment will be placed on the publicly accessible 
website at https://www.regulations.gov, you are solely responsible for 
making sure your comment does not include any sensitive or confidential 
information. In particular, your comment should not include sensitive 
personal information, such as your or anyone else'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 your comment does not include 
sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''--as provided by 
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)--including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the https://www.regulations.gov website--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment 
from that website, unless you submit a confidentiality request that 
meets the requirements for such treatment under FTC Rule 4.9(c), and 
the General Counsel grants that request.
    Visit the FTC website at http://www.ftc.gov to read this Notice and 
the news release describing the proposed settlement. 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 5, 2021. For information on the 
Commission's privacy policy, including routine uses permitted by the 
Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

[[Page 13386]]

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 Gennex Media LLC and Akil Kurji (``Respondents'').
    The proposed consent order has been placed on the public record for 
thirty days for receipt of comments from interested persons. Comments 
received during this period will become part of the public record. 
After thirty 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 Respondents' use of ``Made in USA'' claims to 
advertise and sell customizable promotional products to consumers. 
According to the FTC's complaint, Respondents represented that the 
customizable promotional products they offer are all or virtually all 
made in the United States. In fact, in numerous instances, Respondents' 
customizable promotional products are wholly imported from China. 
Indeed, in some instances the products ship directly to consumers from 
China without passing through Respondents' U.S. facility. According to 
the complaint, Kurji, Gennex's sole officer and shareholder, formulated 
or approved marketing materials with U.S.-origin claims despite knowing 
numerous products advertised are imported. Based on the foregoing, the 
complaint alleges that Respondents engaged in deceptive acts or 
practices in violation of Section 5(a) of the FTC Act.
    The proposed consent order contains provisions designed to prevent 
Respondents 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 Respondents from making U.S.-origin claims for 
their 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; (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 or components, and/or processing; or (3) for a claim that a 
product is assembled in the United States, the product is last 
substantially transformed in the United States, the product's principal 
assembly takes place in the United States, and United States assembly 
operations are substantial. Part II prohibits Respondents from making 
any country-of-origin claim about a product or service unless the claim 
is true, not misleading, and Respondents have a reasonable basis 
substantiating the representation.
    Parts III through V are monetary provisions. Part III imposes a 
judgment of $146,249.24. Part IV includes additional monetary 
provisions relating to collections. Part V requires Respondents to 
provide sufficient customer information to enable the Commission to 
administer consumer redress, if appropriate.
    Parts VI through IX are reporting and compliance provisions. Part 
VI requires Respondents 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 VII 
requires Respondents to file a compliance report within one year after 
the order becomes final and to notify the Commission within 14 days of 
certain changes that would affect compliance with the order. Part VIII 
requires Respondents to maintain certain records, including records 
necessary to demonstrate compliance with the order. Part IX requires 
Respondents to submit additional compliance reports when requested by 
the Commission and to permit the Commission or its representatives to 
interview Respondents' personnel.
    Finally, Part X 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 complaint or proposed order, or to modify in any 
way the proposed order's terms.

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2021-04650 Filed 3-5-21; 8:45 am]
BILLING CODE 6750-01-P