10798 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 

1The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9(c). 

VII. The Proposed Consent Order 

To remedy the alleged competitive 

concern associated with access to the 

DPSG commercially sensitive 

confidential information, the consent 

decree prevents that information from 

reaching PepsiCo employees who could 

use it to either harm DPSG or to 

facilitate collusion. PepsiCo must set up 

a firewall to prevent persons responsible 

for ‘‘concentrate-related functions’’ – the 

kinds of functions in which PepsiCo 

engaged as a competitor of DPSG when 

both had their brands distributed by 

PBG and PAS – from access to the DPSG 

information. Persons at PepsiCo who are 

assigned to perform traditional ‘‘bottler 

functions’’ – the kinds of functions that 

PBG and PAS historically have 

performed for DPSG – will be permitted 

access to that information. 

The proposed Consent Agreement 

also provides for the appointment of a 

monitor to assure PepsiCo’s compliance 

with the Consent Agreement. The 

monitor will have a fiduciary 

responsibility to the Commission. The 

monitor will be appointed for a five (5) 

year term, but the Commission may 

extend or modify the term as 

appropriate. 

The order, like the DPSG-Pepsi 

license agreement, will have a term of 

twenty (20) years. 

VIII. Opportunity for Public Comment 

The Consent Agreement has been 

placed on the public record for thirty 

(30) 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 

proposed Consent Agreement, as well as 

the comments received, and will decide 

whether it should withdraw from the 

Consent Agreement or make final the 

Decision and Order. 

By accepting the Consent Agreement 

subject to final approval, the 

Commission anticipates that the 

competitive problem alleged in the 

Complaint will be resolved. The 

purpose of this analysis is to invite and 

facilitate public comment concerning 

the Consent Agreement. It is not 

intended to constitute an official 

interpretation of the proposed Consent 

Agreement, nor is it intended to modify 

the terms of the Decision and Order in 

any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–4894 Filed 3–8–10; 11:48 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 072 3165] 

Richard J. Stanton; 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 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 order — embodied in the 

consent agreement — that would settle 

these allegations. 

DATES: Comments must be received on 

or before March 29, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Richard J. 

Stanton, File No. 072 3165’’ to facilitate 

the organization of comments. Please 

note that your comment — including 

your name and your state — will be 

placed on the public record of this 

proceeding, including on the publicly 

accessible FTC website, at (http:// 

www.ftc.gov/os/publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential. . . .,’’ as provided in 

Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). 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), 16 CFR 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

public.commentworks.com/ftc/ 

richardjstanton) and following the 

instructions on the web-based form. To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink: 

(https://public.commentworks.com/ftc/ 

richardjstanton). If this Notice appears 

at (http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at (http://www.ftc.gov/) to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Richard J. Stanton, 

File No. 072 3165’’ reference both in the 

text and on the envelope, and should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room H-135 

(Annex D), 600 Pennsylvania Avenue, 

NW, Washington, DC 20580. The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. 

The Federal Trade Commission Act 

(‘‘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, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Laura Berger (202-326-2471), Bureau of 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 10799 

Consumer Protection, 600 Pennsylvania 

Avenue, NW, Washington, D.C. 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 6(f) of the Federal Trade 

Commission Act, 38 Stat. 721, 15 U.S.C. 

46(f), and § 2.34 the Commission Rules 

of Practice, 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 from the FTC 

Home Page (for February 25, 2010), on 

the World Wide Web, at (http:// 

www.ftc.gov/os/actions.shtm). A paper 

copy can be obtained from the FTC 

Public Reference Room, Room 130-H, 

600 Pennsylvania Avenue, NW, 

Washington, D.C. 20580, either in 

person or by calling (202) 326-2222. 

Public comments are invited, and may 

be filed with the Commission in either 

paper or electronic form. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before the date specified 

in the DATES section. 

Analysis of Agreement Containing 

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 Richard 

J. Stanton (‘‘respondent’’), the founder 

and former Chief Executive Officer of 

ControlScan, Inc. (‘‘ControlScan’’). The 

Commission has entered into a separate 

settlement with ControlScan to be filed 

in federal district court in the Northern 

District of Georgia. 

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 again will 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 and distribution of a variety 

of online seal certification marks 

(‘‘website seals’’ or ‘‘seals’’) for 

companies to display on their websites. 

The FTC complaint alleges that 

respondent violated Section 5(a) of the 

FTC Act by falsely representing to 

consumers that ControlScan had 

verified the privacy and data security 

practices of companies displaying its 

website seals, when in fact it had not. 

Specifically, the complaint alleges that 

respondent falsely represented to 

consumers that ControlScan had 

verified the privacy and security 

protections offered by a company 

displaying ControlScan’s Business 

Background Reviewed, Registered 

Member, Privacy Protected, and Privacy 

Reviewed seals, and falsely represented 

how frequently ControlScan reviewed 

such companies’ fitness to display each 

of these seals. In addition, the complaint 

alleges that respondent falsely 

represented to consumers how 

frequently ControlScan reviewed 

companies’ fitness to display the 

Verified Secure seal. The FTC complaint 

describes, with specificity, the claims 

respondent made regarding 

ControlScan’s verification of a company 

displaying each of the challenged seals, 

as well as the verification that 

ControlScan in fact conducted in 

connection with each seal. 

The proposed consent order contains 

provisions designed to prevent 

respondent from engaging in similar 

acts and practices in the future. Part I of 

the proposed order prohibits respondent 

from misrepresenting: 1) the verification 

that is conducted concerning the 

protection that a company provides for 

the privacy and/or security of consumer 

information or the steps a company has 

taken to provide such protection; or 2) 

the frequency of such verification. Part 

II requires respondent to pay to the 

Commission $102,000 in equitable 

monetary relief. Parts III through VI of 

the proposed order are reporting and 

compliance provisions. Part III requires 

respondent to keep copies of documents 

relevant to compliance with the order 

for a five-year period. Part IV requires 

respondent to provide copies of the 

order to certain personnel of companies 

he controls, and Part V requires him to 

notify the Commission of changes in his 

employment or affiliation with any 

business that involves offering or 

providing seals or related products or 

services. Part VI mandates that 

respondent file an initial compliance 

report with the Commission and 

respond to other requests from FTC 

staff. Part VII is a provision ‘‘sunsetting’’ 

the order after twenty (20) years, with 

certain exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

proposed order. It is not intended to 

constitute an official interpretation of 

the agreement and proposed order or to 

modify in any way its terms. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–4897 Filed 3–8–10; 11:16 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

[File No. 091 0062] 

Transitions Optical, Inc.; Analysis 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 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 order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before April 5, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Transitions 

Optical, File No. 091 0062’’ to facilitate 

the organization of comments. Please 

note that your comment—including 

your name and your state—will be 

placed on the public record of this 

proceeding, including on the publicly 

accessible FTC website, at (http:// 

www.ftc.gov/os/publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential. . . .,’’ as provided in 

Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). Comments containing 

material for which confidential 

treatment is requested must be filed in 

paper form, must be clearly labeled 


sroberts on DSKD5P82C1PROD with NOTICES