Weber-Stephen Products LLC; Analysis of Proposed Consent Order To Aid Public Comment, 48478-48480 [2022-17017]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48478-48480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17017]


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FEDERAL TRADE COMMISSION

[File No. 212 3139]


Weber-Stephen Products LLC; Analysis of Proposed Consent Order To 
Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement; request for comment.

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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 September 8, 2022.

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 ``Weber-Stephen 
Products LLC; File No. 212 3139'' 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, please 
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.

[[Page 48479]]


FOR FURTHER INFORMATION CONTACT: Melissa Dickey (202-326-2662), 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 September 8, 
2022. Write ``Weber-Stephen Products LLC; File No. 212 3139'' 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.
    Because of 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 ``Weber-Stephen 
Products LLC; File No. 212 3139'' 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.
    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 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 https://www.ftc.gov to read this document 
and the news release describing the proposed settlement. The FTC Act 
and other laws 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 September 8, 2022. 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.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission (the ``Commission'') has accepted, 
subject to final approval, an agreement containing a consent order from 
Weber-Stephen Products LLC. (``Respondent'' or ``Weber''). The proposed 
consent order (``Proposed Order'') has been placed on the public record 
for 30 days for receipt of comments by interested persons. Comments 
received during this period will become part of the public record. 
After 30 days, the Commission will again review the agreement, along 
with any comments received, and will decide whether it should withdraw 
from the agreement and take appropriate action or make final the 
Proposed Order.
    This matter involves the warranty Weber offers to purchasers of its 
gas and electric grills. According to the Commission's complaint, the 
warranty is conditioned on purchasers using authorized Weber parts and 
accessories; otherwise, the warranty is void. Based on the foregoing, 
the Commission alleges that Respondent violated the Magnuson-Moss 
Warranty Act and regulations promulgated thereunder and engaged in 
deceptive acts or practices in violation of Section 5(a) of the FTC 
Act.
    The Proposed Order contains injunctive provisions addressing the 
alleged deceptive conduct. Section I prohibits Respondent from 
expressly or implicitly conditioning a warranty on a consumer's use of 
any article or service which is identified by brand, trade, or 
corporate name, unless the article or service is offered for free or 
the Commission has issued a waiver to the company, or from otherwise 
violating the Warranty Act or the Rules promulgated thereunder. Section 
II prohibits Respondent from representing to consumers, expressly or by 
implication, (a) that its warranties will be void if they use third-
party parts or services or if they modify or alter the product without 
authorization, or (b) as a condition of warranty coverage, or within 
the written warranty, that consumers must use only genuine or 
authorized parts. Under Section II, Respondent may expressly exclude 
liability for defects or damage caused by unauthorized or third-party 
parts or service, or expressly exclude liability for unauthorized 
conversions of a gas grill to use a different fuel type (e.g., liquid 
propane to natural gas, or vice versa). Section II also requires 
Respondent to include language in the warranty that both affirmatively 
notifies consumers of their rights to use third-party parts under the 
Magnuson-Moss Warranty Act and enjoins Respondent from misrepresenting 
any material facts to consumers about the warranty.
    Section III requires Respondent to inform its customers that its 
warranty has been updated, and that the updated warranty is not 
conditioned on the use of authorized parts. Respondent must clearly and 
conspicuously post and keep on its website, and on its smartphone/
tablet app, the notice and its updated warranty terms, and it must 
submit reports regarding its notification program.

[[Page 48480]]

    Sections IV through VII of the Proposed Order are reporting and 
compliance provisions, which include recordkeeping requirements and 
provisions requiring Respondent to provide information or documents 
necessary for the Commission to monitor compliance with the Proposed 
Order. Section VIII states that the Proposed Order will remain in 
effect for 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.
Joel Christie,
Acting Secretary.
[FR Doc. 2022-17017 Filed 8-8-22; 8:45 am]
BILLING CODE 6750-01-P