Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Notices 63715

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 11/20/95 AND 12/01/95—Continued

Name of acquiring person, name of acquired person, name of acquired entity PMN No. Date

terminated

FrontierVision Partners, L.P., Lee A. Bertman, C4 Media Cable Southeast, L.P. and County Cable Co., L.P ..... 96–0408 12/01/95

ITT Corporation, John Hancock Mutual Life Insurance Company, Russell Hotel Joint Venture Partnership ........ 96–0427 12/01/95

FOR FURTHER INFORMATION CONTACT:

Sandra M. Peay or Renee A. Horton,

Contact Representatives, Federal Trade

Commission, Premerger Notification

Office, Bureau of Competition, Room

303, Washington, DC 20580, (202) 326–

3100.

By Direction of the Commssion.

Donald S. Clark,

Secretary.

[FR Doc. 95–30214 Filed 12–11–95; 8:45 am]

BILLING CODE 6750–01–M

[File No. 952–3391]

The Dannon Company, Inc.; Consent

Agreement With Analysis To Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

agreement, accepted subject to final

Commission approval, would prohibit

the Tarrytown, NY-based frozen yogurt

manufacturer from misrepresenting the

fat, calories, saturated fat, or cholesterol

in any of its frozen yogurt products. The

consent agreement settles allegations

stemming from nutritional claims made

in advertisements for Dannon’s line of

Pure Indulgence frozen yogurt.

DATES: Comments must be received on

or before February 12, 1996.

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:

Justin Dingfelder, Bureau of Consumer

Protection, Federal Trade Commission,

S–4631, 6th Street & Pennsylvania Ave.,

NW., Washington, DC 20580, (202) 326–

3017.

Peter Metrinko, Bureau of Consumer

Protection, Federal Trade Commission,

S–4624, 6th Street & Pennsylvania Ave.,

N.W., Washington, DC 20580, (202)

326–2104.

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 following

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. 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)).

United States of America Before

Federal Trade Commission

In the Matter of The Dannon Company,

Inc., a corporation .

[File No. 952–3391.]

Agreement Containing Consent Order

To Cease and Desist

The Federal Trade Commission

having initiated an investigation of

certain acts and practices of The

Dannon Company, Inc., hereinafter

sometimes referred to as proposed

respondent, and it now appearing that

proposed respondent is willing to enter

into an agreement containing an Order

to cease and desist from the use of the

acts and practices being investigated,

It is hereby agreed by and between

The Dannon Company, Inc., by this duly

authorized officer and attorneys, and

counsel for the Federal Trade

Commission, that:

1. Proposed respondent The Dannon

Company, Inc., is a corporation

organized, existing and doing business

under and by virtue of the laws of the

State of Delaware, with its office and

principal place of business located at

120 White Plains Road, Tarrytown, NY

10591.

2. Proposed respondent admits all the

jurisdictional facts set forth in the draft

complaint here attached.

3. Proposed respondent waives:

a. Any further procedural steps;

b. the requirement that the

Commission’s decision contain a

statement of findings of fact and

conclusions of law;

c. all rights to seek judicial review or

otherwise to challenge or contest the

validity of the Order entered pursuant to

this agreement; and

d. any claim under the Equal Access

to Justice Act.

4. This agreement shall not become

part of the public record of the

proceeding unless and until it is

accepted by the Commission. If this

agreement is accepted by the

Commission, it, together with the draft

complaint contemplated thereby, will be

placed on the public record for a period

of sixty (60) days and information in

respect thereto publicly released. The

Commission thereafter may either

withdraw its acceptance of this

agreement and so notify the proposed

respondents, in which event it will take

such action as it may consider

appropriate, or issue and serve its

complaint (in such form as the

circumstances may require) and

decision, in disposition of the

proceeding.

5. This agreement is for settlement

purposes only and does not constitute

an admission by proposed respondent

that the law has been violated as alleged

in the attached draft complaint, or that

the facts as alleged in the attached draft

complaint, other than the jurisdictional

facts, are true.

6. This agreement contemplates that,

if it is accepted by the Commission, and

if such acceptance is not subsequently

withdrawn by the Commission pursuant

to the provisions of § 234 of the

Commission’s Rules, the Commission

may, without further notice to proposed

respondent: (1) Issue its complaint

corresponding in form and substance

with the draft complaint attached hereto

and its decision containing the

following Order to cease and desist in

disposition of the proceeding; and (2)

make information public in respect

thereto. When so entered, the Order to

cease and desist shall have the same

force and effect and may be altered,

modified or set aside in the same

manner and within the same time

provided by statute for other orders.

Delivery by the Postal Service of the

complaint and decision containing the

agreed-to Order to proposed

respondent’s address as stated in this

agreement shall constitute service.

Proposed respondent waives any right it

may have to any other manner of

service. The complaint may be used in

construing the terms of the Order, and

no agreement, understanding,

representation, or interpretation not

contained in the Order or the agreement
63716 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Notices

may be used to vary or contradict the

terms of the Order.

7. Proposed respondent has read the

proposed complaint and Order

contemplated hereby. It understands

that once the Order has been issued, it

will be required to file one or more

compliance reports showing that it has

fully complied with the Order. Proposed

respondent further understands that it

may be liable for civil penalties in the

amount provided by law for each

violation of the Order after it becomes

final.

Order

I

It is ordered that respondent The

Dannon Company, Inc., a corporation,

its successors and assigns, and its

officers, agents, representatives, and

employees, directly or through any

partnership, corporation, subsidiary,

division or other device, in connection

with the manufacture, advertising,

packaging, labeling, promotion, offering

for sale, sale or distribution of any

frozen food product, in or affecting

commerce, as ‘‘commerce’’ is defined in

the Federal Trade Commission Act, do

forthwith cease and desist from

misrepresenting, in any manner,

directly or by implication, through

numerical or descriptive terms or any

other means, the existence or amount of

fat, saturated fat, cholesterol or calories

in any such product. If any

representation covered by this Part

either directly or by implication

conveys any nutrient content claim

defined (for purposes of labeling) by any

regulation promulgated by the Food and

Drug Administration, compliance with

this Part shall be governed by the

qualifying amount for such defined

claim as set forth in that regulation.

II

Nothing in this Order shall prohibit

respondent from making any

representation that is specifically

permitted in labeling for any such

product in regulations promulgated by

the Food and Drug Administration

pursuant to the Nutrition Labeling and

Education Act of 1990.

III

It is further ordered that respondent,

its successors and assigns, shall pay to

the Federal Trade Commission, by

cashier’s check or certified check made

payable to the U.S. Treasury and

delivered to the Associate Director for

Enforcement, Bureau of Consumer

Protection, Federal Trade Commission,

6th and Pennsylvania Ave., NW,

Washington, DC 20580, the sum of

$150,000. Respondent shall make this

payment on or before the tenth day

following the date of entry of this Order.

In the event of any default on any

obligation to make payment under this

section, interest, computed pursuant to

28 U.S.C. 1961(a), shall accrue from the

date of default to the date of payment.

IV

It is further ordered that, for three (3)

years after the last date of dissemination

of any representation covered by this

Order, respondents, or its successors

and assigns, shall maintain and upon

request make available to the Federal

Trade Commission for inspection and

copying:

1. All labeling, packaging,

advertisements and promotional

materials setting forth any

representation covered by this Order;

2. All materials that were relied upon

to substantiate any representation

covered by this Order; and

3. All test reports, studies, surveys,

demonstrations or other evidence in its

possession or control, that contradict,

qualify, or call into question such

representation or the basis upon which

respondent relied for such

representation, including complaints

from consumers.

V

It is further ordered that respondent

shall notify the Federal Trade

Commission at least thirty (30) days

prior to any proposed change in the

respondent such as dissolution,

assignment, or sale resulting in the

emergence of a successor corporation,

the creation or dissolution of

subsidiaries or any other change in the

corporation which may affect

compliance obligations arising out of

this Order.

VI

It is further ordered that respondent

shall, within thirty days after service of

this Order, distribute a copy of this

Order to each of its operating divisions,

and to each of its officers, agents,

representatives, or employees engaged

in the preparation or placement of

advertisements, promotional materials,

product labels or other materials

covered by this Order.

VII

It is further ordered that respondent

shall, within sixty (60) days after service

of this Order, file with the Commission

a report, in writing, setting forth in

detail the manner and form in which it

has complied or intends to comply with

this Order.

VIII

It is further ordered that this order

will terminate twenty years from the

date of its issuance, or twenty 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:

A. Any paragraph in this order that

terminates in less than twenty 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 paragraph.

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

paragraph as though the complaint was

never 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.

Benjamin I. Berman,

Acting Secretary.

Analysis of Proposed Consent Order to

Aid Public Comment

The Federal Trade Commission has

accepted an agreement to a proposed

consent order from The Dannon Co.,

Inc., (‘‘respondent’’ or ‘‘Dannon’’).

The proposed consent order has been

placed on the public record for sixty

(60) days for receipt of public 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 withdraw from the agreement or

make final the agreement’s proposed

order.

This matter concerns claims made by

Dannon in its advertising for Pure

Indulgence frozen yogurt.

The Commission’s complaint in this

matter charges Dannon with engaging in

deceptive and unfair acts or practices in

connection with the advertising of Pure

Indulgence. The complaint alleges that

respondents manufactured, advertised,

offered for sale, sold or distributed a

frozen yogurt sold under the name

‘‘Pure Indulgence,’’ which it represented
Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Notices 63717

was low in fat, low in calories, and

lower in fat than ice cream. At the

serving size for frozen yogurt commonly

consumed, Pure Indulgence was not low

in fat or low in calories. Further, Pure

Indulgence was not lower in fat than

many ice creams.

The Commission’s complaint alleges

that the above representations for

certain flavors of Pure Indulgence, at the

time the advertising was disseminated,

were false and misleading.

The consent order contains provisions

designed to remedy the violations

charged and to prevent Dannon from

engaging in similar deceptive and unfair

acts in the future.

Part I of the Commission’s order

prohibits respondent, in connection

with the manufacture, advertising,

packaging, labeling, promotion, offering

for sale, sale or distribution of any

frozen food product, from

misrepresenting, in any manner,

directly or by implication, through

numerical or descriptive terms or any

other means, the existence or amount of

fat, saturated fat, cholesterol or calories

in any such product. However, if any

representation covered by this Part

either directly or by implication

conveys any nutrient content claim

defined (for purposes of labeling) by any

regulation promulgated by the Food and

Drug Administration, compliance with

this Part shall be governed by the

qualifying amount for such defined

claim as set forth in that regulation.

Part II of the order provides that

nothing in the order shall prohibit

respondent from making any

representation that is specifically

permitted in labeling for any such

product in regulations promulgated by

the Food and Drug Administration

pursuant to the Nutrition Labeling and

Education Act of 1990.

Under the terms of Part III of the

order, respondents shall pay

$150,000.00 to the U.S. Treasury.

Part IV of the order requires Dannon

to maintain copies of all materials

relating to advertisements covered by

the order and all documents relating to

substantiation of advertising claims

covered by the order.

Part V requires Dannon to notify the

Commission of any changes in corporate

structure that might affect compliance

with the order.

Part VI requires Dannon to distribute

copies of the order to certain company

officials and employees and certain

other representatives and agents of

Dannon.

Part VII requires Dannon to file with

the Commission a report detailing

compliance with the order.

Part VIII provides for termination of

the order twenty years from the date of

issuance.

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 any of their terms.

[FR Doc. 95–30215 Filed 12–11–95; 8:45 am]

BILLING CODE 6750–01–M

[File No. 942–3012]

Safe Brands Corporation, Warren

Distribution, Inc. and ARCO Chemical

Company; Consent Agreement With

Analysis to Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Consent agreement.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

agreement, accepted subject to final

Commission approval, would prohibit

Safe Brands, the manufacturer of Sierra

antifreeze, Warren Distribution, its

parent company, and ARCO, the

supplier of the principal ingredient in

Sierra antifreeze, from making

unsubstantiated claims about the safety

and environmental benefits of Sierra.

They would also be required to put a

statement on Sierra containers

cautioning consumers that it may be

harmful if swallowed. The Commission

alleged that the companies had claimed,

without adequate substantiation, that

Sierra is absolutely safe for people and

pets, that Sierra is generally safer for the

environment than conventional

antifreezes because it is biodegradable,

and that Sierra and its container are

recycled.

DATES: Comments must be received on

or before February 12, 1996.

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, Bureau of Consumer

Protection, Federal Trade Commission,

S–4002, 6th Street & Pennsylvania Ave.,

NW., Washington, DC 20580 (202) 326–

3153; Michael Dershowitz, Bureau of

Consumer Protection, Federal Trade

Commission, S–4002, 6th Street &

Pennsylvania Ave., NW., Washington,

DC 20580 (202) 326–3158.

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 following

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. 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)).

United States of America Before

Federal Trade Commission

In the Matter of Safe Brands Corporation,

a corporation, Warren Distribution, Inc., a

corporation, and ARCO Chemical Company,

a corporation.

[File No. 942 3012]

Agreement Containing Consent Order to

Cease and Desist

The Federal Trade Commission

having initiated an investigation of

certain acts and practices of proposed

respondents Safe Brands Corporation, a

corporation, Warren Distribution, Inc., a

corporation, and ARCO Chemical

Company, a corporation, and it now

appearing that proposed respondents

are willing to enter into an agreement

containing an order to cease and desist

from the acts and practices being

investigated,

It is hereby agreed by and between

Safe Brands Corporation, Warren

Distribution, Inc., and ARCO Chemical

Company, by their duly authorized

officers, and their attorneys, and

counsel for the Federal Trade

Commission that:

1. Proposed respondent Safe Brands

Corporation is a corporation organized,

existing and doing business under and

by virtue of the laws of the State of

Nebraska. It is a wholly-owned

subsidiary of proposed respondent

Warren Distribution, Inc. Proposed

respondent Warren Distribution, Inc. is

a corporation organized, existing and

doing business under and by virtue of

the laws of the State of Nebraska.

Proposed respondents Safe Brands

Corporation and Warren Distribution,

Inc. have their principal offices or

places of business at 727 South 13th

Street, Omaha, Nebraska 68102.

Proposed respondent ARCO Cemical

Company is a corporation organized,

existing and doing business under and

by virtue of the law of the State of

Delaware with its principal office or

place of business at 3801 West Chester

Pike, Newtown Square, Pennsylvania

19073.