12192 Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices 

FEDERAL TRADE COMMISSION 

[File No. 182 3038] 

Nectar Brand LLC; 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. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

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 12, 2018. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write: ‘‘In the Matter of Nectar 

Brand LLC, a limited liability company, 

also doing business as Nectar Sleep; 

DreamCloud, LLC; and DreamCloud 

Brand LLC’’ on your comment, and file 

your comment online at https://

ftcpublic.commentworks.com/ftc/ 

nectarbrandconsent by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘In the Matter of Nectar 

Brand LLC, a limited liability company, 

also doing business as Nectar Sleep; 

DreamCloud, LLC; and DreamCloud 

Brand LLC’’ on your comment and on 

the envelope, and mail your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex D), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: Julia 

Solomon Ensor (202–326–2377) and 

Crystal Ostrum (202–326–3405), Bureau 

of Consumer Protection, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 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 March 13, 2018), on the 

World Wide Web, at https://

www.ftc.gov/news-events/commissionactions. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before April 12, 2018. Write ‘‘In the 

Matter of Nectar Brand LLC, a limited 

liability company, also doing business 

as Nectar Sleep; DreamCloud, LLC; and 

DreamCloud Brand LLC’’ on your 

comment. Your comment—including 

your name and your state—will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the public Commission 

website, at https://www.ftc.gov/policy/ 

public-comments. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/ 

nectarbrandconsent by following the 

instructions on the web-based form. If 

this Notice appears at http://

www.regulations.gov/#!home, you also 

may file a comment through that 

website. 

If you prefer to file your comment on 

paper, write ‘‘In the Matter of Nectar 

Brand LLC, a limited liability company, 

also doing business as Nectar Sleep; 

DreamCloud, LLC; and DreamCloud 

Brand LLC’’ on your comment and on 

the envelope, and mail your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex D), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW, 

5th Floor, Suite 5610 (Annex D), 

Washington, DC 20024. If possible, 

submit your paper comment to the 

Commission by courier or overnight 

service. 

Because your comment will be placed 

on the publicly accessible FTC website 

at https://www.ftc.gov, you are solely 

responsible for making sure that your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’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. You are also solely 

responsible for making sure that your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided by Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— 

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

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). 

In particular, the written request for 

confidential treatment that accompanies 

the comment must include the factual 

and legal basis for the request, and must 

identify the specific portions of the 

comment to be withheld from the public 

record. See FTC Rule 4.9(c). Your 

comment will be kept confidential only 

if the General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on the public FTC 

website—as legally required by FTC 

Rule 4.9(b)—we cannot redact or 

remove your comment from the FTC 

website, unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website at http://

www.ftc.gov to read this Notice and the 

news release describing it. The FTC Act 

and other laws that 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 on or before April 12, 2018. For 

information on the Commission’s 

privacy policy, including routine uses 

permitted by the Privacy Act, see 

https://www.ftc.gov/site-information/ 

privacy-policy. 

Analysis of Proposed Consent Order To 

Aid Public Comment 

The Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’) has accepted, 

subject to final approval, an agreement 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Notices 12193 

containing a consent order from Nectar 

Brand LLC, also d/b/a Nectar Sleep; 

Dreamcloud, LLC; and Dreamcloud 

Brand LLC (‘‘respondent’’). 

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 respondent’s 

marketing, sale, and distribution of 

mattresses with claims that the products 

are assembled in the United States. 

According to the FTC’s complaint, 

respondent represented that its products 

are ‘‘assembled in the USA.’’ In fact, the 

respondent’s mattresses are wholly 

imported. Therefore, this representation 

was false or misleading. Based on the 

foregoing, the complaint alleges that 

respondent engaged in deceptive acts or 

practices in violation of Section 5(a) of 

the FTC Act. 

The proposed consent order contains 

provisions designed to prevent 

respondent from engaging in similar 

acts and practices in the future. 

Consistent with the FTC’s Enforcement 

Policy Statement on U.S. Origin Claims, 

Part I prohibits respondent from making 

U.S.-origin claims for their products 

unless either: (1) The final assembly or 

processing of the product occurs in the 

United States, all significant processing 

that goes into the product occurs in the 

United States, and all or virtually all 

ingredients or components of the 

product are made and sourced in the 

United States; (2) a clear and 

conspicuous qualification appears 

immediately adjacent to the 

representation that accurately conveys 

the extent to which the product contains 

foreign parts, ingredients or 

components, and/or processing; or (3) 

for a claim that a product is assembled 

in the United States, the product is last 

substantially transformed in the United 

States, the product’s principal assembly 

takes place in the United States, and 

United States assembly operations are 

substantial. 

Part II prohibits respondent from 

making any country-of-origin claim 

about a product or service unless the 

claim is true, not misleading, and 

respondent has a reasonable basis 

substantiating the representation. 

Parts III through V are reporting and 

compliance provisions. Part III requires 

the filing of compliance reports within 

one year after the order becomes final 

and within 14 days of any change that 

would affect compliance with the order. 

Part IV requires respondent to maintain 

certain records, including records 

necessary to demonstrate compliance 

with the order. Part V requires 

respondent to submit additional 

compliance reports when requested by 

the Commission and to permit the 

Commission or its representatives to 

interview respondent’s personnel. 

Finally, Part VI is a ‘‘sunset’’ 

provision, terminating the order after 

twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to aid 

public comment on the proposed order. 

It is not intended to constitute an 

official interpretation of the proposed 

order or to modify its terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2018–05613 Filed 3–19–18; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Notice of Closed Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended, notice is hereby given of the 

following meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended, and the Determination of 

the Director, Management Analysis and 

Services Office, CDC, pursuant to Public 

Law 92–463. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: Disease, 

Disability, and Injury Prevention and 

Control Special Emphasis Panel (SEP)— 

GH18–004, Advancing Public Health in 

Central America (Belize, Costa Rica, 

Dominican Republic, El Salvador, 

Guatemala, Honduras, Nicaragua, 

Panama). 

Date: April 17, 2018. 

Time: 9:00 a.m.–2:00 p.m., EDT. 

Place: Teleconference. 

Agenda: To review and evaluate grant 

applications. 

For Further Information Contact: 

Hylan Shoob, Ph.D., Scientific Review 

Officer, Center for Global Health, CDC, 

1600 Clifton Drive, Atlanta, GA 30331, 

(404) 639–4796; HShoob@cdc.gov. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both the 

Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. 2018–05577 Filed 3–19–18; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Notice of Closed Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended, notice is hereby given of the 

following meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended, and the Determination of 

the Director, Management Analysis and 

Services Office, CDC, pursuant to Public 

Law 92–463. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: Disease, 

Disability, and Injury Prevention and 

Control Special Emphasis Panel (SEP)— 

GH14–002, Addressing Emerging 

Infectious Diseases in Bangladesh; 

GH16–003, Conducting Public Health 

Research in Thailand: Technical 

collaboration with the Ministry of 

Public Health in the Kingdom of 

Thailand (MOPH); GH16–006, 

Conducting Public Health Research in 

Kenya; GH17–005, Conducting Public 

Health Research in China. 

Date: April 10, 2018. 

Time: 9:00 a.m.–2:00 p.m., EDT. 

Place: Teleconference. 

Agenda: To review and evaluate grant 

applications. 

For Further Information Contact: 

Hylan Shoob, Ph.D., Scientific Review 

Officer, Center for Global Health, CDC, 


daltland on DSKBBV9HB2PROD with NOTICES