26208 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices

Information Office, Board of Governors of the

Federal Reserve System, Washington, DC

20551.

CONTACT PERSON FOR MORE INFORMATION:

Lynn S. Fox, Assistant to the Board;

202–452–3204.

SUPPLEMENTARY INFORMATION: You may

call 202–452–3206 for a recorded

announcement of this meeting; or you

may contact the Board’s Web site at

http://www.federalreserve.gov for an

electronic announcement. (The Web site

also includes procedural and other

information about the open meeting.)

Dated: May 3, 2000.

Robert deV. Frierson,

Associate Secretary of the Board.

[FR Doc. 00–11406 Filed 5–3–00; 12:38 pm]

BILLING CODE 6210–01–P

FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Board of

Governors of the Federal Reserve

System.

TIME AND DATE: Approximately 11:00

a.m., Wednesday, May 10, 2000,

following a recess at the conclusion of

the open meeting.

PLACE: Marriner S. Eccles Federal

Reserve Board Building, 20th and C

Streets, NW, Washington, DC 20551.

STATUS: Closed.

MATTERS TO BE CONSIDERED: 1. Personnel

actions (appointments, promotions,

assignments, reassignments, and salary

actions) involving individual Federal

Reserve System employees.

2. Any matters carried forward from a

previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION:

Lynn S. Fox, Assistant to the Board;

202–452–3204.

SUPPLEMENTARY INFORMATION: You may

call 202–452–3206 beginning at

approximately 5 p.m. two business days

before the meeting for a recorded

announcement of bank and bank

holding company applications

scheduled for the meeting; or you may

contact the Board’s Web site at http://

www.federalreserve.gov for an

electronic announcement that not only

lists applications, but also indicates

procedural and other information about

the meeting.

Dated: May 3, 2000.

Robert deV. Frierson,

Associate Secretary of the Board.

[FR Doc. 00–11407 Filed 5–3–00; 12:38 pm]

BILLING CODE 6210–01–P

FEDERAL TRADE COMMISSION

[File No. 992 3022]

Alternative Cigarettes, Inc., et al.;

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 that accompanies the

consent agreement 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 May 30, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Matthew Gold, Federal Trade

Commission, Western Region, 901

Market St., Suite 570, San Francisco,

CA. 94103. (415) 356–5276.

SUPPLEMENTARY INFORMATION: Pursuant

to section 6(f) of the Federal Trade

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

46 and section 2.34 of the Commission’s

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 April 27, 2000), on the

World Wide Web, at ‘‘http://

www.ftc.gov/ftc/formal.htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

600 Pennsylvania Avenue, NW,

Washington, DC 20580, either in person

or by calling (202) 326–3627.

Public comment is invited. Comments

should be directed to: FTC/Office of the

Secretary, Room 159, 600 Pennsylvania

Ave., NW, Washington, DC 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 inch diskette

containing an electronic copy of the

comment. Such comments or views will

be considered by the Commission and

will be available for inspection and

copying at its principal office in

accordance with section 4.9(b)(6)(ii) of

the Commission’s Rules of Practice (16

CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order to

Aid Public Comment

The Federal Trade Commission has

accepted, subject to final approval, an

agreement containing a consent order

from Alternative Cigarettes, Inc., and its

President, Joseph Pandolfino

(hereinafter‘‘Alternative Cigarettes’’).

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 alleged

misleading representations for

Alternative Cigarettes’ Pure and Glory

tobacco cigarettes, and the company’s

Herbal Gold and Magic herbal cigarettes.

Alternative Cigarettes advertised that

Pure and Glory cigarettes contains no

additives. According to the FTC

complaint, through these

advertisements respondents represented

that because Pure and Glory cigarettes

contain no additives, smoking them is

less hazardous to a smoker’s health than

smoking otherwise comparable

cigarettes that contain additives. The

complaint alleges that respondent did

not have a reasonable basis for the

representation at the time it was made.

Among other reasons, according to the

complaint, the smoke from Pure and

Glory cigarettes, like the smoke from all

cigarettes, contains numerous

carcinogens and toxins, including tar

and carbon monoxide.

The FTC complaint further alleges

that Alternative Cigarettes represented

that smoking Herbal Gold and Magic

herbal cigarettes does not pose the

health risks associated with smoking

tobacco cigarettes. According to the

complaint, this claim is false, as Herbal

Gold and Magic cigarette smoke, like the

smoke from tobacco cigarettes, contains

numerous carcinogens and toxins,

including tar and carbon monoxide.

The proposed consent order contains

provisions designed to prevent

Alternative Cigarettes from engaging in

similar acts and practices in the future.

Part I of the order requires Alternative

Cigarettes to include the following

disclosure, clearly and prominently, in

certain advertising for its tobacco

cigarettes: ‘‘No additives in our tobacco

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Notices 26209

does NOT mean a safer cigarette.’’ (The

order requires a similar disclosure in

advertising for other tobacco products

Alternative Cigarettes advertises as

having no additives.) The disclosure

must be included in all tobacco

advertising that represents (through

such phrases as ‘‘no additives’’ or

‘‘100% tobacco’’) that the product has

no additives. Part I exempts Alternative

Cigarettes from the disclosure

requirement: (1) For cigarette

advertisements not required to bear the

Surgeon General’s health warning; and

(2) if Alternative Cigarettes possesses

scientific evidence demonstrating that

its ‘‘no additives’’ cigarette poses

materially lower health risks than other

cigarettes of the same type. In general,

the disclosure required by Part I must be

in the same type size and style as the

Surgeon General’s warning and must

appear within a rectangular box that is

no less than 40% of the size of the box

containing the Surgeon General’s

warning.

Part II of the order requires

Alternative Cigarettes to include the

following disclosure, clearly and

prominently, in advertising and on

packaging for herbal cigarettes: ‘‘Herbal

cigarettes are dangerous to your health.

They produce tar and carbon

monoxide.’’ (The order requires a

similar disclosure for other herbal

smoking products.) The disclosure must

be included in all advertising and on

packaging for herbal smoking products

that represent (through such phrases as

‘‘no tobacco,’’ ‘‘tobacco-free,’’ or

‘‘herbal’’) that the product has no

tobacco. Part II also contains an

exemption from the disclosure

requirement if Alternative Cigarettes

possesses scientific evidence

demonstrating that such herbal smoking

products do not pose any material

health risks. In general, the disclosure

required by Part II must be in the same

type size and style as the Surgeon

General’s warning and for

advertisements must appear within a

rectangular box that is the same size as

the box containing the Surgeon

General’s warning.

Part III of the order requires

Alternative Cigarettes to possess

competent and reliable scientific

evidence prior to: (1) Claiming that any

herbal smoking product does not

present the health risks associated with

smoking tobacco cigarettes; of (2)

making any claim about the health risks

associated with the use of any herbal

smoking product.

Part IV requires Alternative Cigarettes

to send a letter to its purchasers for

resale notifying them that they should

discontinue the use of certain existing

Alternative Cigarettes advertisements

and promotional materials and that

Alternative Cigarettes is required to stop

doing business with purchasers for

resale that do not comply with this

request.

Parts V–VIII of the order contain

requirements that Alternative Cigarettes

keep copies of relevant advertisements

and materials substantiating claims

made in the advertisements; provide

copies of the order to certain of its

current and future personnel; notify the

Commission of changes in the

composition or formula of its tobacco

products or herbal smoking products

that may affect compliance with the

order; and notify the Commission of any

changes in the corporate structure that

might affect compliance with the order.

Part IX requires that the individual

respondent notify the Commission of

changes in his employment status for a

period of ten years. Part X requires

Alternative Cigarettes to file one or more

reports detailing compliance with the

order. Part XI provides that the order

will terminate after twenty (20) years

under certain circumstances.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and it is not intended

to constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

By Direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–11312 Filed 5–4–00; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File Nos. 992 3246 and 992 3247]

R.N. Motors, Inc., et al. and Simmons

Rockwell Ford Mercury, Inc., et al.;

Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreements.

SUMMARY: The consent agreements in

these two matters settle 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 complaints that accompany

the consent agreements and the terms of

the consent orders—embodied in the

consent agreements—that would settle

these allegations.

DATES: Comments must be received on

or before May 30, 2000.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Carole Reynolds or Michelle Chua, FTC/

S–4429, 600 Pennsylvania Ave., NW,

Washington, DC 20580. (202) 326–3230

or 326–3248.

SUPPLEMENTARY INFORMATION: Pursuant

to section 6(f) of the Federal Trade

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

46 and section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the above-captioned

consent agreements containing consent

orders to cease and desist, having been

filed with and accepted, subject to final

approval, by the Commission, have 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

agreements, and the allegations in the

complaints. An electronic copy of the

full text of the consent agreements

package can be obtained from the FTC

Home Page (for April 27, 2000), on the

World Wide Web, at ‘‘http://

www.ftc.gov/ftc/formal.htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

600 Pennsylvania Avenue, NW,

Washington, DC 20580, either in person

or by calling (202) 326–3627.

Public comment is invited. Comments

should be directed to: FTC/Office of the

Secretary, Room 159, 600 Pennsylvania

Ave., NW, Washington, DC 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 inch diskette

containing an electronic copy of the

comment. Such comments or views will

be considered by the Commission and

will be available for inspection and

copying at its principal office in

accordance with section 4.9(b)(6)(ii) of

the Commission’s Rules of Practice (16

CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Orders

To Aid Public Comment

Summary

The Federal Trade Commission has

accepted separate agreements, subject to

final approval, to proposed consent

orders from respondents: (1) R.N.

Motors, Inc., Red Noland Cadillac, Inc.,

and Nelson B. Noland (‘‘Red Noland’’);

and (2) Simmons Rockwell Ford

Mercury, Inc., Simmons Rockwell

Autoplaza, Inc., Don Simmons, Inc., and

Donald M. Simmons, II and Richard L.

Rockwell (‘‘Simmons Rockwell’’). The

persons named in these actions are

named individually and as officers of

their respective corporations.

The proposed consent orders have

been placed on the public record for