20994 Federal Register / Vol. 66, No. 81 / Thursday, April 26, 2001 / Notices

FEDERAL TRADE COMMISSION

[File No. 012 3015]

Stoker, Inc.; 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

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 May 21, 2001.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Michael Ostheimer, FTC/S–4002, 600

Pennsylvania Ave., NW., Washington,

DC 20580. (202) 326–2699.

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 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

April 19, 2001) on the World Wide Web,

at http://www.ftc.gov/os/2001/04/

index.htm. A paper copy can be

obtained from the FTC Public Reference

Room, Room H-130, 600 Pennsylvania

Avenue, NW, Washington, DC 20580,

either in person or by calling (202) 326–

3627.

Public comment is invited. Comments

should be directed to: FTC/Office of the

Secretary, Room 159, 600 Pennsylvania

Ave., NW., Washington, DC 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 inch diskette

containing an electronic copy of the

comment. 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 containing a consent order

from Stoker, Inc. (‘‘Stoker’’).

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

manufacturing, packaging, importing,

and advertising of smokeless tobacco

products. These activities are subject to

the Comprehensive Smokeless Tobacco

Health Education Act of 1986, 15 U.S.C.

4401, et seq. (‘‘Smokeless Tobacco

Act’’), and the regulations promulgated

pursuant thereto, 16 CFR 307, et seq.

(‘‘regulations’’). The Smokeless Tobacco

Act and the regulations require that

smokeless tobacco product packages

and advertisements bear specified

health warnings. The FTC complaint

alleges that Stoker failed to comply with

those requirements in several respects.

First, the complaint alleges that

certain of Stoker’s smokeless tobacco

products did not bear the health

warning statements in conspicuous and

legible type, in violation of the

Smokeless Tobacco Act and the

regulations. According to the FTC

complaint, these products include

sixteen ounce packages of smokeless

tobacco that had the health warning

statements printed in 5 point type.

The complaint also alleges that

certain of Stoker’s smokeless tobacco

products violated the Act and the

regulations because they did not bear

the health warning statements in a

conspicuous and prominent place on

the package, in violation of the

Smokeless Tobacco Act and the

regulations. The complaint contends

that one such product is distributed in

a package that functions as a retail

dispenser of individual packages. The

health warning is on the top rear of the

dispenser, but when the dispenser is

opened and displayed as intended, the

health warning is not visible to the

public from the dispenser’s normal

viewing position.

Furthermore, the complaint alleges

that certain of Stoker’s smokeless

tobacco advertising did not bear the

health warning statements in

conspicuous and legible type and

within the correct size circle and arrow

format. According to the complaint, one

such advertisement had a display area

measuring 201⁄4 square inches and had

the health warning statement printed in

41⁄2 point type and appearing within a

one-half inch diameter circle.

Finally, the complaint alleges that

since 1987, Stoker has manufactured,

packaged, or imported smokeless

tobacco products without submitting a

plan to the FTC specifying the method

it would use to rotate, display, and

distribute the health warning statements

on its packages and advertisements, in

violation of the Act and the regulations.

Violations of the Smokeless Tobacco

Act and the regulations also constitute

violations of section 5 of the FTC Act.

The proposed consent order is

designed to prevent Stoker from

engaging in similar acts and practices in

the future. Part I of the proposed order

prohibits respondent from violating any

provision of the Smokeless Tobacco Act

or the regulations.

Parts II through V of the order require

Stoker to keep copies of relevant

packaging and advertisements, to

provide copies of the order to certain of

its personnel, to notify the Commission

of changes in corporate structure, and to

file compliance reports with the

Commission. Part VI provides that the

order will terminate after twenty (20)

years under certain circumstances.

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. 01–10349 Filed 4–25–01; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 002 3003]

Voice Media Incorporated, 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