466 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Notices

1Copies of the Complaint and the Decision and

Order are available from the Commission’s Public

Reference Branch, H–130, 6th Street & Pennsylvania

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

VI

It is further ordered that the

individual respondent shall, for a period

of five (5) years after the date of service

of this Order upon her, promptly notify

the Commission, in writing, of her

discontinuance of her present business

or employment and of her affiliation

with a new business or employment.

For each such new affiliation, the notice

shall include the name and address of

the new business or employment, a

statement of the nature of the new

business or employment, and a

description of respondent’s duties and

responsibilities in connection with the

new business or employment.

VII

It is further ordered that the corporate

respondent shall, within sixty (60) days

from the date of service of this Order

upon it, distribute a copy of this Order

to each of its officers, agents,

representatives, licensees, independent

contractors, and employees involved in

the preparation and placement of

advertisements or promotional

materials, or is in communication with

customers or prospective customers, or

who has any responsibilities with

respect to the subject matter of this

Order; and for a period of three (3)

years, from the date of issuance of this

Order, distribute a copy of this Order to

all of respondent’s future such officers,

agents, representatives, licensees,

independent contractors, and

employees.

VIII

It is further ordered that respondents

shall, within sixty (60) days from the

date of service of this Order upon them,

and at such other times as the

Commission may require, file with the

Commission a report, in writing, setting

forth in detail the manner and form in

which they have complied with this

Order.

Analysis of Proposed Consent Order To

Aid Public Comment

The Federal Trade Commission has

accepted an agreement, subject to final

approval, to a proposed consent order

from respondents Abovo, Inc., a

Massachusetts corporation, and Susan

L. Lakso, individually and as an officer

of the corporation.

The proposed consent order has been

placed on the public record for sixty

(60) days for reception 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

withdraw from the agreement and take

other appropriate action or make final

the agreement’s proposed order.

This matter concerns the advertising

of the ‘‘Abovo Personal Communicating

Device’’ (‘‘Above PCD’’), a

communication aid for individuals with

disabilities. The Commission’s

complaint charges that respondents’

advertising contained false and

unsubstantiated representations

concerning the efficacy of this

communication aid in enabling

individuals with communication

disabilities to communicate through

facilitated communication. Facilitated

communication is a technique that,

among other things, entails an

individual providing physical support

to a person with a communication

impairment, while that person types or

points to a communication aid, such as

the Abovo PCD.

Specifically, the complaint alleges

that respondents falsely represented that

the Abovo PCD enables autistic and

mentally retarded individuals to

communicate through facilitated

communication. The complaint also

alleges that the respondents lacked

substantiation for its claim that the

Abovo PCD enables individuals who are

disabled as a result of apraxia, motor

speech disorders, RETT Syndrome,

stroke, tracheotomy, laryngeal cancer,

traumatic brain injury, Alzheimer’s

disease, Parkinson’s disease, multiple

sclerosis, muscular dystrophy, and/or

cerebral palsy to communicate through

facilitated communication.

The proposed consent order contains

provisions designed to remedy the

violations charged and to prevent the

respondents from engaging in similar

acts and practices in the future.

Part I of the proposed order prohibits

respondents from misrepresenting that

any communication aid enables autistic

or mentally retarded individuals to

communicate through facilitated

communication.

As fencing-in relief, Part II of the

proposed order provides that, if

respondents represent that a

communication aid enables individuals

with disabilities to communicate

through facilitated communication, the

representation must be true and

respondents must possess competent

and reliable scientific evidence that

substantiates the representation. In

addition, Part III of the proposed order

prohibits respondents from representing

the performance or attributes of a

communication aid unless they possess

and rely upon competent and reliable

evidence, which when appropriate must

be competent and reliable scientific

evidence, to substantiate the

representation.

The proposed order also requires

respondents to maintain materials relied

upon to substantiate claims covered by

the order; to provide a copy of the

consent agreement to their employees

involved in the preparation and

placement of respondents’

advertisements, or in communication

with respondents’ customers or

prospective customers; to notify the

Commission of any change in the

corporate structure that might affect

compliance with the order; to notify the

Commission of certain changes in the

business or employment of the named

individual respondent; and to file one or

more reports detailing compliance with

the order.

The purpose of this analysis is to

facilitate public comment on the

proposed order. It is not intended to

constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 95–91 Filed 1–3–95; 8:45 am]

BILLING CODE 6750–01–M

[Dkt C–3545]

Chemopharm Laboratory Inc., d/b/a CP

Industries; Prohibited Trade Practices,

and Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

SUMMARY: In settlement of alleged

violations of federal law prohibiting

unfair acts and practices and unfair

methods of competition, this consent

order prohibits, among other things, a

Utah corporation that markets the ice

melting product, Superior Sno-N-Ice,

from making any environmental benefit

claim about any product unless it

possesses and relies on competent and

reliable scientific evidence to

substantiate the claims. In addition, the

respondent is prohibited from

misrepresenting the existence or

contents of any test or study.

DATES: Complaint and Order issued

December 6, 1994.1

FOR FURTHER INFORMATION CONTACT: C.

Steven Baker or Mary Tortorice, Chicago

Regional Office, Federal Trade

Commission, 55 East Monroe St., Suite

1437, Chicago, IL 60603. (312) 353–

8156.
Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Notices 467

SUPPLEMENTARY INFORMATION: On

Tuesday, September 27, 1994, there was

published in the Federal Register, 59 FR

49245, a proposed consent agreement

with analysis In the Matter of

Chemopharm Laboratory Inc., d/b/a CP

Industries, for the purpose of soliciting

public comment. Interested parties were

given sixty (60) days in which to submit

comments, suggestions or objections

regarding the proposed form of the

order.

No comments having been received,

the Commission has ordered the

issuance of the complaint in the form

contemplated by the agreement, made

its jurisdictional findings, and entered

an order to cease and desist, as set forth

in the proposed consent agreement, in

disposition of this proceeding.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets

or applies sec. 5, 38 Stat. 719, as amended;

15 U.S.C. 45)

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 95–93 Filed 1–3–95; 8:45 am]

BILLING CODE 6750–01–M

[File No. 932 3356]

Louis Bass, Inc.; Proposed Consent

Agreement With Analysis To Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed 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,

among other things, a Wisconsin

corporation, doing business as

Crestwood Company, from making false

or unsubstantiated performance claims

about any communication aid it offers

in the future, and from making

representations concerning the efficacy

of the communication devices in

enabling individuals with disabilities to

communicate through facilitated

communication, unless the respondent

has competent and reliable scientific

evidence to substantiate the

representation.

DATES: Comments must be received on

or before March 6, 1995.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W.,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Klurfeld or Kerry O’Brien, San

Francisco Regional Office, Federal

Trade Commission, 901 Market St.,

Suite 570, San Francisco, CA. 94103.

(415) 744–7920.

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)).

Agreement Containing Consent Order

To Cease and Desist

The Federal Trade Commission

having initiated an investigation of

certain acts and practices of Louis Bass,

Inc. (d/b/a Crestwood Company), a

corporation, and it now appearing that

Louis Bass, Inc. (d/b/a Crestwood

Company), a corporation, hereinafter

sometimes referred to as 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

Louis Bass, Inc. (d/b/a Crestwood

Company), by its duly authorized

officer, and its attorney, and counsel for

the Federal Trade Commission that:

1. Proposed respondent Louis Bass,

Inc. is a corporation organized, existing

and doing business under and by virtue

of the laws of the State of Wisconsin,

with its office and principal place of

business located at 6625 North Sidney

Place, in the City of Glendale, State of

Wisconsin.

2. Proposed respondent admits all the

jurisdictional facts set forth in the draft

of complaint.

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; and

c. All rights to seek judicial review or

otherwise to challenge or contest the

validity of the order entered pursuant to

this agreement.

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

of 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 respondent, 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 of

facts, other than jurisdictional facts, or

of violations of law as alleged in the

draft of complaint.

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 Section 2.34 of the

Commission’s Rules, the Commission

may, without further notice to proposed

respondent, (a) issue its complaint

corresponding in form and substance

with the draft of complaint and its

decision containing the following order

to cease and desist in disposition of the

proceeding and (b) 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. The order shall become final

upon service. Delivery by the U.S.

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

may be used to vary or contradict the

terms of the order.

7. Proposed respondent has read the

proposed complaint and order

contemplated hereby. Proposed

respondent 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.