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092 3010

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION

COMMISSIONERS: Jon Leibowitz, Chairman

Pamela Jones Harbour

William E. Kovacic

J. Thomas Rosch

 

)

In the Matter of )

)

ENHANCED VISION SYSTEMS, INC., ) DOCKET NO. C-4265

a corporation. )

 )

DECISION AND ORDER

The Federal Trade Commission (“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 that the Bureau of Consumer

Protection proposed to present to the Commission for its consideration and which, if issued by

the Commission, would charge the Respondent with violation of the Federal Trade Commission

Act, 15 U.S.C. § 45 et seq.; and

The Respondent and counsel for the Commission having thereafter executed an

agreement containing a consent order (“consent agreement”), an admission by the Respondent of

all the jurisdictional facts set forth in the aforesaid draft complaint, a statement that the signing

of said consent agreement is for settlement purposes only and does not constitute an admission

by the Respondent that the law has been violated as alleged in the complaint, or that any of 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

has reason to believe that the Respondent has 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 consent agreement on the public record for a period of thirty (30)

days for the receipt and consideration of public comments, now in 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. Respondent Enhanced Vision Systems, Inc. is a California corporation with its principal

office or place of business at 5882 Machine Drive, Huntington Beach, California 92649. 

Respondent assembles its vision-related products from domestic and foreign components at that

location.
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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

DEFINITIONS

For purposes of this order, the following definitions shall apply:

1. Unless otherwise specified, “Respondent” shall mean Enhanced Vision Systems, Inc.,

and its successors and assigns and its officers, agents, representatives, and employees.

2. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act,

15 U.S.C. § 44.

I.

IT IS ORDERED that Respondent, directly or through any corporation, partnership,

subsidiary, division, or other device, in connection with the manufacturing, marking, labeling,

packaging, advertising, promotion, offering for sale, sale, or distribution of any vision-related

product or package, in or affecting commerce, shall not represent, in any manner, expressly or by

implication, the extent to which any such product or package is made in the United States, unless

the representation is true and not misleading.

II.

IT IS FURTHER ORDERED that Respondent Enhanced Vision Systems, Inc., 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

Commission for inspection and copying:

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

representation;

B. All materials that were relied upon in disseminating the representation;

C. All tests, reports, studies, surveys, demonstrations, or other evidence in its

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; and

D. All acknowledgments of receipt of this order, obtained pursuant to Part III.
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III.

IT IS FURTHER ORDERED that for a period of three (3) years after the date of

issuance of this order, Respondent Enhanced Vision Systems, Inc., and its successors and assigns

shall deliver a copy of this order to all current and future principals, officers, directors,

managers, 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 Enhanced Vision Systems, Inc., and its

successors and assigns shall notify the Commission at least thirty (30) days prior to any change

in respondent or any business entity that respondent directly or indirectly controls, or has an

ownership interest in, that may affect compliance obligations arising under this order, including

but not limited to formation of a new business entity; a dissolution, assignment, sale, merger, or

other action that would result in the emergence of a successor entity; 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 business or corporate name or

address. Provided, however, that, with respect to any proposed change 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, 600 Pennsylvania

Avenue, N.W., Washington, D.C. 20580.

V.

IT IS FURTHER ORDERED that Respondent Enhanced Vision Systems, Inc., and its

successors and assigns shall, within sixty (60) days after the date of service of this order file with

the Commission a true and accurate report, in writing, setting forth in detail the manner and form

in which respondent has complied with this order. Within ten (10) days of receipt of written

notice from a representative of the Commission, respondent shall submit additional true and

accurate written reports.

VI.

This order will terminate on September 3, 2029, or twenty (20) years from the most

recent date that the United States or the 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:
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A. Any Part in this order that terminates in less than twenty (20) years;

B. This order’s application to any respondent that is not named as a defendant in

such complaint; and

C. This order if such complaint is filed 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 

SEAL

ISSUED: September 3, 2009