27296 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices

under any tentative final or final Food

and Drug Administration (‘‘FDA’’)

standard or under any new drug

application approved by the FDA.

Part IX allows the respondents to

make representations for any product

that are specifically permitted in

labeling for that product by regulations

issued by the FDA under the Nutrition

Labeling and Education Act of 1990.

Parts X through XII and XIV require

the respondents to keep copies of

advertisements making representations

covered by the order; to keep records

concerning those representations,

including materials that they relied

upon when making the representations;

to provide copies of the order to certain

of the corporate respondents’ personnel;

to notify the Commission of changes in

corporate structure; and to file

compliance reports with the

Commission. Part XV provides that the

order will terminate after twenty (20)

years under certain circumstances.

Part XIII requires that the Grubers

notify the Commission of any change in

their business or employment.

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. 98–13140 Filed 5–15–98; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 971–0039]

Fastline Publication, 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 July 17, 1998.

ADDRESSES: Comments should be

directed to: FTC/Office or the Secretary,

Room 159, 6th St. and Pa. Ave., NW.,

Washington DC 20580.

FOR FURTHER INFORMATION CONTACT:

Willian Baer or Willard Tom, FTC/H–

375, Washington, D.C. 20580. (202) 326–

2932 or 326–2786.

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 sixty (60) 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 May 11, 1998), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/actions97.htm.’’ A

paper copy can be obtained from the

FTC Public Reference Room, Room H–

130, Sixth Street and Pennsylvania

Avenue, NW, Washington, DC 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, subject to final approval, an

agreement to a proposed consent order

from Fastline Publications, Inc.

(‘‘Fastline’’) and Mid-America

Equipment Retailers Association (‘‘MidAmerica’’). The agreement would settle

allegations that Fastline and MidAmerica violated Section 5 of the

Federal Trade Commission Act by

agreeing not to advertise or publish

prices for new farm equipment in the

Fastline Kentucky Farm Edition.

The proposed consent order has been

placed on the public record for sixty

(60) days for receipt of comments by

interested persons. Comments received

during this period will become part of

the public record. After sixty (60) days,

the Commission will 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.

The purpose of this analysis is to

facilitate public comment on the

proposed consent order. The analysis is

not intended to constitute an official

interpretation of the agreement and

proposed order, or to modify in any way

their terms. Further, the proposed

consent order has been entered into for

settlement purposes only, and does not

constitute an admission by Fastline or

Mid-America that the law has been

violated as alleged in the complaint.

The Complaint

Fastline publishes, among other

things, picture buying guides for new

and used farm equipment, which are

mailed free to farmers and ranchers in

over 40 states. Farm equipment

advertised in Fastline’s buying guides

ranges from relatively inexpensive lawn

mowers to heavy duty farm equipment

such as tractors, plows, planters, cotton

pickers, and combines costing tens of

thousands of dollars. Fastline’s

principal source of revenue is the farm

equipment dealers who advertise in its

buying guides. Fastline currently

publishes 20 monthly editions of its

farm equipment buying guides, serving

41 states. Farm equipment dealers view

the Fastline Kentucky Farm Edition as a

key vehicle for advertising to farmers

located in Kentucky.

Mid-America is a trade association for

farm equipment dealers. It was formed

in 1992 through the merger of the

Indiana Implement Dealers Association,

Inc., and the Kentucky Farm and Power

Equipment Retailers Association (the

‘‘Kentucky Retailers Association’’).

About 90 percent of the farm equipment

dealers in Kentucky and Indiana are

members of Mid-America.

In early 1991, several Kentucky farm

equipment dealers complained to

Fastline about dealers advertising

prices, including discount prices, for

new farm equipment in the Fastline

Kentucky Farm Edition. The price

advertisements were, among other

things, facilitating downward pressure

on prices for new farm equipment. In

protest, several dealers withheld their

advertising from the Fastline Kentucky

Farm Edition until Fastline agreed not

to publish advertisements that included

prices for new farm equipment.

Price advertisements for new farm

equipment began to reappear in the

Fastline Kentucky Farm Edition by the

end of 1991. In early 1992, Fastline was

invited to the annual meeting of the

Kentucky Retailers Association, during

which several of its members expressed

their dislike for price advertising and

threatened to withdraw or otherwise

cancel their advertisements in the

Fastline Kentucky Farm Edition if

Fastline continued to publish

advertisements that included prices for

new equipment. Fastline, threatened

with the loss of substantial advertising
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Notices 27297

revenue, acquiesced and stopped

accepting advertisements that included

prices for new equipment. Following

the merger of the Kentucky and Indiana

trade associations, Mid-America sought

and obtained Fastline’s reaffirmation of

the agreement not to publish prices for

new equipment in the Fastline Kentucky

Farm Edition.

These agreements have injured

consumers by: (1) reducing price

competition among farm equipment

dealers for new farm equipment; (2)

depriving consumers of truthful and

nondeceptive price information; and (3)

depriving consumers of the benefits of

competition.

The Proposed Consent Order

Fastline and Mid-America have

signed a consent agreement containing a

proposed order. Part II of the proposed

order would enjoin Mid-America from

impeding the advertising of prices or

other terms of sale for farm equipment

or parts. Additionally, Mid-America

would be enjoined from participating in

or assisting in any boycott regarding the

advertising or prices or other terms of

sale for farm equipment or parts.

Part III of the proposed order would

enjoin Fastline from agreeing to prohibit

or restrict the advertising or prices or

other terms of sale for farm equipment

or parts. Notwithstanding this

provision, however, the proposed order

would not prevent Fastline from

adopting and enforcing reasonable

guidelines with respect to

advertisements that Fastline reasonably

believes would be false or deceptive

within the meaning of Section 5 of the

Federal Trade Commission Act.

Part IV of the proposed order would

require Mid-America to amend its bylaws to incorporate by reference

Paragraph II of the order, and distribute

a copy of the amended by-laws to each

of its members. In addition, the

proposed order would require MidAmerica to distribute copies of the

proposed order and accompanying

complaint to: (a) Persons whose

activities are affected by the order; or

who have responsibilities with respect

to the subject matter of the order, and

(b) each of its members.

Part V of the proposed order would

require Fastline to distribute copies of

the order and accompanying complaint

to persons whose activities are affected

by the order, or who have

responsibilities with respect to the

subject matter of the order. In addition,

the proposed order would require

Fastline to publish annually for each of

the next five years in each edition of its

farm equipment buying guides a copy of

the NOTICE attached to the order.

Parts VI, VII, and VIII of the proposed

order impose certain reporting

requirements in order to assist the

Commission in monitoring compliance

with the order.

The proposed consent order would

terminate twenty (20) years after the

date it is issued.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 98–13141 Filed 5–15–98; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 952–3235]

Western Direct Marketing Group, 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 violation of federal

law prohibiting unfair or deceptive acts

or practices or unfair methods of

competition. The attached Analysis to

Aid Public Comment describes both

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 July 17, 1998.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., NW.

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Joel Winston, FTC/S–4002, Washington,

DC 20580. (202) 326–3153.

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 sixty (60) 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 May 12, 1998), on the

World Wide Web, at ‘‘http://

www.ftc.gov/os/actions97.htm.’’ A

paper copy can be obtained from the

FTC Public Reference Room, Room H–

130, Sixth Street and Pennsylvania

Avenue, NW, Washington, DC 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 to a proposed

consent order from Western Direct

Marketing Group (‘‘WDMG’’) and

Western Intentional Media Corporation

(‘‘WIMC’’).

The proposed consent order has been

placed on the public record for sixty

(60) days for receipt 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

withdrawn from the agreement or make

final the agreement’s proposed order.

This matter involves alleged

deceptive representations for

Cholestaway, a dietary supplement

marketed by Bodgana Corporation,

purported to lower serum cholesterol.

Advertisements for the product

included 30-minute television

infomercials.

WDMG is the successor corporation to

Television Marketing Group, the

advertising agency for the Cholestaway

television infomercials. MIMC is

WDMG’s corporate parent.

According to the FTC complaint,

through the infomercials, the

respondent made claims that

Cholestaway: significantly lowers serum

cholesterol levels; significantly lowers

serum cholesterol levels without

changes in diet; significantly lowers

serum cholesterol levels and causes

significantly weight loss even if users

eat foods high in fat, including fried

chicken and pizza; substantially reduces

or eliminates the body’s absorption of

dietary fat; lowers low density

lipoprotein cholesterol and improves

the high density lipoprotein cholesterol

to low density lipoprotein cholesterol

ratio; is effective in the treatment of

hardening of the arteries and heart

diseases; causes significant weight loss;

causes significant weight loss without

changes in diet; significantly reduces

blood triglyceride levels; significantly

reduces elevated blood pressure; and is

scientifically proven to lower serum

cholesterol levels and reduce elevated

blood pressure significantly; and that