012 3121

UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS: Timothy J. Muris, Chairman

Sheila F. Anthony

Mozelle W. Thompson

Orson Swindle

Thomas B. Leary

 In the Matter of

PERRIGO COMPANY,

a corporation.

DOCKET NO. C-4039

DECISION AND ORDER

The Federal Trade Commission having initiated an investigation of certain acts and practices of the

respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy

of a draft complaint which the Bureau of Consumer Protection proposed to present to the Commission for

its consideration and which, if issued by the Commission, would charge respondent with violations of the

Federal Trade Commission Act; and

The respondent, its attorney, and counsel for the Commission having thereafter executed an

agreement containing a consent order, and admission by the respondent of all the jurisdictional facts set

forth in the draft complaint, a statement that the signing of said agreement is for settlement purposes only

and does not constitute an admission by respondent that the law has been violated as alleged in such

complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true, and waivers

and other provisions as required by the Commission’s Rules; and

The Commission having thereafter considered the matter and having determined that it had reason

to believe that the respondent violated the said Act, and that a complaint should issue stating its charges

in that respect, and having thereupon accepted the executed consent agreement and placed such agreement

on the public record for a period of thirty (30) days, and having duly considered the comment filed

thereafter by an interested person pursuant to Section 2.34 of its Rules, now in further conformity with the

procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the

following jurisdictional findings, and enters the following order:

1. Proposed respondent is a Michigan corporation with its principal office or place of business
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at 515 Eastern Avenue, Allegan, Michigan 49010.
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2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and

of the respondent, and the proceeding is in the public interest.

ORDER

I.

IT IS ORDERED that respondent, Perrigo Company, its successors and assigns, and its officers,

agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other

device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or

distribution of any non-prescription drug product containing an analgesic in or affecting commerce, as

"commerce" is defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. § 44, shall not

misrepresent, in any manner, directly or by implication, the extent to which any such product is made in the

United States. For purposes of this Order, “drug” shall mean as defined in Section 15 of the Federal Trade

Commission Act, 15 U.S.C. § 55, and “analgesic” shall mean an agent used to alleviate pain.

PROVIDED, however, that a representation that any such product is made in the United States

will not be in violation of this order so long as all, or virtually all, of the ingredients or component parts of

such product are made in the United States and all, or virtually all, of the labor in manufacturing such

product is performed in the United States.

PROVIDED FURTHER, that a representation that any such product containing imported active

ingredient is “Processed in the United States with Foreign Ingredients” will not be in violation of this Order

when such representation is true and is used to describe a product that has been significantly processed in

the United States.

PROVIDED FURTHER, that this Part shall take effect for non-prescription drug products

containing an imported analgesic on December 31, 2001, and shall take effect for all other non-prescription

drug products containing an analgesic on March 31, 2002.

II.

IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall, for five (5)

years after the last date of dissemination of any representation covered by this order, maintain and upon

request make available to the Federal Trade Commission for inspection and copying:

A. All labeling, packaging, advertisements and promotional materials containing the

representation;

B. All materials that were relied upon in disseminating the representation; and
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C. All tests, reports, studies, surveys, demonstrations, or other evidence in their possession

or control that contradict, qualify, or call into question the representation, or the basis relied

upon for the representation, including complaints and other communications with

consumers or with governmental or consumer protection organizations.

III.

IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall deliver a copy

of this order to all current and future officers and directors, and to all current and future employees, agents,

and representatives having responsibilities with respect to the subject matter of this order, and shall secure

from each such person a signed and dated statement acknowledging receipt of the order. Respondent shall

deliver this order to current personnel within thirty (30) days after the date of service of this order, and to

future personnel within thirty (30) days after the person assumes such position or responsibilities.

IV.

IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall notify the

Commission at least thirty (30) days prior to any change in the corporation that may affect compliance

obligations arising under this order, including but not limited to a dissolution, assignment, sale, merger, or

other action that would result in the emergence of a successor corporation; the creation or dissolution of

a subsidiary, parent, or affiliate that engages in any acts or practices subject to this order; the proposed

filing of a bankruptcy petition; or a change in the corporate name or address. Provided, however, that, with

respect to any proposed change in the corporation about which respondent learns less than thirty (30) days

prior to the date such action is to take place, respondent shall notify the Commission as soon as is

practicable after obtaining such knowledge. All notices required by this Part shall be sent by certified mail

to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade

Commission, Washington, D.C. 20580.

V.

IT IS FURTHER ORDERED that respondent, and its successors and assigns, shall, within sixty

(60) days after the date of service of this order, and at such other times as the Federal Trade Commission

may require, file with the Commission a report, in writing, setting forth in detail the manner and form in

which it has complied with this order.

VI.

This order will terminate on February 19, 2022, or twenty (20) years from the most recent date

that the United States or the Federal Trade Commission files a complaint (with or without an accompanying

consent decree) in federal court alleging any violation of the order, whichever comes later; provided,

however, that the filing of such a complaint will not affect the duration of this order if such complaint is filed
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after the order has terminated pursuant to this Part. Provided, further, that if such complaint is dismissed

or a federal court rules that the respondent did not violate any provision of the order, and the dismissal or

ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as

though the complaint had never been filed, except that the order will not terminate between the date such

complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such

dismissal or ruling is upheld on appeal.

By the Commission.

Donald S. Clark

Secretary

ISSUED: February 19, 2002