[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Notices]
[Pages 47669-47670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23979]


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FEDERAL TRADE COMMISSION

[File No. 962-3004]


London International Group, Inc.; Analysis To Aid Public Comment

agency: Federal Trade Commission.

action: Proposed consent agreement.

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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 November 10, 1997.

addresses: Comments should be directed to: FTC/Office of the Secretary, 
Room 159, 6th St. and Pa. Ave., N.W., Washington, D.C. 20580.

for further information contact:

Jeffrey A. Klurfeld, Federal Trade Commission, San Francisco Regional 
Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415) 
356-5270.
Linda K. Badger, Federal Trade Commission, San Francisco Regional 
Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415) 
356-5275.
Kerry O'Brien, Federal Trade Commission, San Francisco Regional Office, 
901 Market Street, Suite 570, San Francisco, CA 94103. (415) 356-5289.

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

[[Page 47670]]

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 sixty (60) days. The 
following Analysis to Aid Public Comment describes the terms of the 
consent agreement, and the allegations in the accompanying complaint. 
An electronic copy of the full text of the consent agreement package 
can be obtained from the Commission Actions section of the FTC Home 
Page (for September 3, 1997), on the World Wide Web, at ``<a href="http://
www.ftc.gov/os/actions/htm">http://
www.ftc.gov/os/actions/htm</a>.'' A paper copy can be obtained from the FTC 
Public Reference Room, Room H-130, Sixth Street and Pennsylvania 
Avenue, N.W., Washington, D.C. 20580, either in person or by calling 
(202) 326-3627. Public comment is invited. 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 an agreement, subject 
to final approval, to a proposed consent order from respondent 
London International Group, Inc. (``London International'') a New 
Jersey corporation.
    The proposed consent order has been placed on the public record 
for sixty (60) days for reception of comments by interested persons. 
Comments received during this period will become part of the public 
record. After sixty (60) days, the Commission will again review the 
agreement and the comments received and will decide whether it 
should withdraw from the agreement and take other appropriate action 
or make final the agreement's proposed order.
    London International manufactures and markets various brands of 
condoms to the public, including Ramses brand condoms. The 
Commission's complaint charges that respondent's advertising 
contained unsubstantiated comparative strength representations. 
Specifically, the complaint alleges that the respondent did not 
possess adequate substantiation for claims that: (1) Ramses brand 
condoms are thirty percent stronger than the leading brand; and (2) 
Ramses brand condoms break thirty percent less often than the 
leading brand.
    The proposed consent order contains provisions designed to 
remedy the violations charged and to prevent the respondent from 
engaging in similar acts and practices in the future.
    Part I of the proposed order would prohibit the respondent from 
making any claim about: (1) The comparative or quantifiable strength 
of any condom; (2) the comparative or quantifiable risk of breakage 
of any condom; or (3) the comparative or quantifiable efficacy of 
any condom, unless at the time of making the claim, it possesses and 
relies upon competent and reliable evidence.
    Part I contains a provision that would permit respondent to make 
any claim about condoms that is approved by the Food and Drug 
Administration (``FDA'') without violating the settlement. This 
provision, however, excludes claims that the FDA has permitted 
through clearing a ``premarket notification report,'' unless the 
clearance was based on a review and evaluation of the substantiation 
submitted with the report.
    The proposed order also requires the respondent to maintain 
materials relied upon to substantiate claims covered by the order; 
to provide a copy of the consent agreement to all employees or 
representatives involved in the preparation and placement of the 
company's advertisements, as well as to all company executives and 
marketing and sales managers; to notify the Commission of any 
changes in corporate structure that might affect compliance with the 
order; and to file one or more reports detailing compliance with the 
order.
    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 their terms.
Donald S. Clark,
Secretary.
[FR Doc. 97-23979 Filed 9-9-97; 8:45 am]
BILLING CODE 6750-01-M