Federal Trade Commission – Federal Register Recent Federal Regulation Documents
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BASF SE; Analysis of Agreement Containing Consent Orders to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Native Essence Herb Company, et al.; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Rules and Regulations Under the Textile Fiber Products Identification Act
The Federal Trade Commission (``Commission'' or ``FTC'') amends Rule 7(c) of the Rules and Regulations under the Textile Fiber Products Identification Act (``Textile Rules'') to establish a new generic fiber subclass name and definition within the existing definition of ``polyester'' for a subclass of fibers made from poly(trimethylene terephthalate) (``PTT''). The amendment establishes the subclass name ``triexta.''
National Association of Music Merchants, Inc.; Analysis of Agreement Containing Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
CVS Caremark Corporation; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through May 31, 2012, the current PRA clearance for information collection requirements contained in its Telemarketing Sales Rule (``TSR'' or ``Rule''). On November 26, 2008, OMB granted the FTC's request for a short-term extension of this clearance to May 31, 2009, which focused on recent amendments to the Rule.
American Telecom Services, Inc.; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
Section 325 of the Energy Independence and Security Act of 2007 provides the Commission with authority to promulgate energy labeling rules for consumer electronics, including televisions. The Commission is seeking comment on whether it should require labels for televisions and other consumer electronic products.
Whole Foods Market, Inc.; Analysis of Agreement Containing Consent Orders to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Disclosures for Non-Federally Insured Depository Institutions under the Federal Deposit Insurance Corporation Improvement Act (FDICIA)
The Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA) directs the Commission to prescribe the manner and content of certain mandatory disclosures for depository institutions that lack federal deposit insurance. On March 16, 2005, the Commission published a notice of proposed rulemaking (NPRM) seeking comment on disclosure rules for such institutions. Subsequently, Congress passed the Financial Services Regulatory Relief Act of 2006 (FSRRA), which amended FDICIA's requirements. To ensure that the FTC's requirements are consistent with the FSRRA amendments, the Commission is seeking comment on conforming changes to the proposed Rule.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through March 31, 2012, the current PRA clearances for information collection requirements contained in four consumer financial regulations promulgated by the Federal Reserve Board and enforced by the Commission. Those clearances expire on March 31, 2009.
The Lubrizol Corporation and The Lockhart Company; Analysis of Agreement Containing Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Automotive Fuel Ratings, Certification and Posting
As part of the Commission's systematic review of all current FTC rules and guides, the Commission requests public comment on the overall costs, benefits, necessity, and regulatory and economic impact of the FTC's rule for ``Automotive Fuel Ratings, Certification and Posting'' (``Fuel Rating Rule'' or ``Rule'').
Advertising of Books: Enforcement Policy
The Federal Trade Commission rescinds its stated policy that it will not ordinarily challenge claims in advertising that promote the sale of books and other publications when the advertising purports only to express the opinion of the author or to quotei.e., mirrorthe contents of the book or publication.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC plans to conduct a consumer study to evaluate alternatives to the current disclosures required for most consumer lamp (i.e., light bulb) products. The Commission is examining the effectiveness of current light bulb package labeling as directed by Congress. Before conducting this study, the FTC is seeking public comments on the proposed study pursuant to the Paperwork Reduction Act (``PRA'').
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'') (44 U.S.C. 3501-3520). The FTC is seeking public comments on its proposal to extend through February 28, 2012, the current PRA clearances for information collection requirements contained in four product labeling rules enforced by the Commission. Those clearances expire on February 28, 2009.
Genica Corporation and Compgeeks.com; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Notice of Intent To Request Public Comments
As part of its systematic review of all Federal Trade Commission rules and guides, the Commission gives notice that, during 2009, it intends to request public comments on the rules and guide listed below (``Rules''). The Commission will request comments on, among other things, the economic impact of, and the continuing need for, the Rules; possible conflict between the Rules and state, local, or other federal laws or regulations; and the effect on the Rules of any technological, economic, or other industry changes. No Commission determination on the need for, or the substance of, the Rules should be inferred from the notice of intent to publish requests for comments. In addition, the Commission announces a revised 10-year regulatory review schedule.
Getinge AB and Datascope Corp.; Analysis of Agreement Containing Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Guides Concerning the Use of Endorsements and Testimonials in Advertising
The Federal Trade Commission (``FTC'' or ``Commission'') is extending until March 2, 2009 the deadline for filing comments on its proposed revisions to the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (``the Guides'').
Dow Chemical Company; Analysis of Agreement Containing Consent Orders to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Shiva Venture Group, Inc. dba INNOVA Financial Group; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
American Nationwide Mortgage Company, Inc.; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Michael Gendrolis dba Good Life Funding.; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Revised Jurisdictional Thresholds for Section 8 of the Clayton Act
The Federal Trade Commission announces the revised thresholds for interlocking directorates required by the 1990 amendment of Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Competitor corporations are covered by Section 8 if each one has capital, surplus, and undivided profits aggregating more than $10,000,000, with the exception that no corporation is covered if the competitive sales of either corporation are less than $1,000,000. Section 8(a)(5) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product. The new thresholds, which take effect immediately, are $26,161,000 for Section 8(a)(1), and $2,616,100 for Section 8(a)(2)(A).
Revised Jurisdictional Thresholds for Section 7A of the Clayton Act
The Federal Trade Commission announces the revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required by the 2000 amendment of Section 7A of the Clayton Act. Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Pub. L. 94-435, 90 Stat. 1390 (``the Act''), requires all persons contemplating certain mergers or acquisitions, which meet or exceed the jurisdictional thresholds in the Act, to file notification with the Commission and the Assistant Attorney General and to wait a designated period of time before consummating such transactions. Section 7A(a)(2) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product, in accordance with Section 8(a)(5). The new thresholds, which take effect 30 days after publication in the Federal Register, are as follows:
Rules of Practice
The FTC is amending Parts 3 and 4 of its Rules of Practice, 16 CFR Parts 3 and 4, in order to further expedite its adjudicative proceedings, improve the quality of adjudicative decision making, and clarify the respective roles of the Administrative Law Judge (``ALJ'') and the Commission in Part 3 proceedings.
Federal Civil Penalties Inflation Adjustment Act
The FTC is making adjustments to certain civil penalty amounts within its jurisdiction, as required by law. These adjustments reflect inflation since the penalty amounts were last adjusted.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The FTC is seeking public comments on its proposal to extend through February 28, 2012, the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in its regulations under the Fair Packaging and Labeling Act (``FPLA''). That clearance expires on February 28, 2009.
King Pharmaceuticals, Inc. and Alpharma Inc.; Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Independent Practice Associates Medical Group, Inc.; Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Boulder Valley Individual Practice Association, et al.; Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Inverness Medical Innovations, Inc.; Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through April 30, 2012 the current PRA clearance for information collection requirements contained in the Pay-Per-Call Rule (``Rule''). That clearance expires on April 30, 2009.
Teva Pharmaceutical Industries Ltd. and Barr Pharmaceuticals, Inc; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Charges For Certain Disclosures
The Federal Trade Commission announces that the ceiling on allowable charges under Section 612(f) of the Fair Credit Reporting Act (``FCRA'') will increase from $10.50 to $11.00 effective January 1, 2009. Under 1996 amendments to the FCRA, the Federal Trade Commission is required to increase the $8.00 amount referred to in paragraph (1)(A)(i) of Section 612(f) on January 1 of each year, based proportionally on changes in the Consumer Price Index (``CPI''), with fractional changes rounded to the nearest fifty cents. The CPI increased 35.72 percent between September 1997, the date the FCRA amendments took effect, and September 2008. This increase in the CPI and the requirement that any increase be rounded to the nearest fifty cents results in an increase in the maximum allowable charge to $11.00 effective January 1, 2009.
Rescission of FTC Guidance Concerning the Cambridge Filter Method
The Federal Trade Commission (``FTC'' or ``Commission'') has rescinded its 1966 guidance providing that it is generally not a violation of the FTC Act to make factual statements of the tar and nicotine yields of cigarettes when statements of such yields are supported by testing conducted pursuant to the Cambridge Filter Method, also frequently referred to as ``the FTC Method.'' In addition, advertisers should not use terms such as ``per FTC Method'' or other phrases that state or imply FTC endorsement or approval of the Cambridge Filter Method or other machine-based test methods.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The Commission is seeking public comments on its proposal to conduct consumer research on parental use of the Motion Picture Association of America (``MPAA'') movie rating information as it appears on DVD packaging for home video releases of rated motion pictures. The Commission is also seeking comment on a related proposal to conduct consumer research on parental attitudes toward the marketing of unrated DVD versions of rated motion pictures. To examine both issues, the Commission intends to conduct surveys of parents who have one or more children ages 7 to 16, and who have bought or rented a movie on DVD within the past year.
Agency Information Collection Activities; Proposed Collection; Comment Request
The FTC plans to conduct a consumer study to research alternatives to existing lamp (i.e., light bulb) labeling requirements. This study is part of the Commission's rulemaking proceeding to examine the effectiveness of current light bulb package labeling as directed by Congress. Before conducting this research, the FTC is seeking public comments on the proposed study as part of its compliance with the Paperwork Reduction Act (``PRA'').
Guides Concerning the Use of Endorsements and Testimonials in Advertising
The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on proposed revisions to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (``the Guides'').
Public Hearings Concerning the Evolving Intellectual Property Marketplace
The Federal Trade Commission will hold a series of public hearings beginning on December 5, 2008, in Washington, D.C., to explore the evolving market for intellectual property (IP). The hearings will examine changes in intellectual property law, patent-related business models, and new learning regarding the operation of the IP marketplace since the FTC issued its October 2003 report, To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy (the FTC IP Report).\1\ Changes and proposed changes in the law, together with evolving business models for buying, selling and licensing IP, could significantly influence a patent's economic value and the operation of the IP marketplace. The hearings will consider the impact of these changes on innovation, competition and consumer welfare.
Agency Information Collection Activities; Proposed Collection; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The FTC is seeking public comments on its proposal to extend through March 31, 2012 the current PRA clearances for information collection requirements contained in four consumer financial regulations promulgated by the Federal Reserve Board and enforced by the Commission. Those clearances expire on March 31, 2009.
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