19068 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Notices

1Copies of the Modifying Order and

Commissioner Starek’s statement are available from

the Commission’s Public Reference Branch, H–130,

6th Street and Pennsylvania Avenue, NW.,

Washington, DC 20580.

SUMMARY: The order reopens a 1978

consent order that settled allegations

that the respondents had engaged in

anticompetitive practices, including

illegally fixing resale prices for their

products. This order modifies the

consent order so that the respondents

are permitted to implement lawful

price-restrictive cooperative advertising

programs and to unilaterally terminate

resellers for failure to adhere to

previously announced resale prices or

sales periods.

DATES: Consent order issued September

26, 1878. Modifying order issued March

27, 1995.1

FOR FURTHER INFORMATION CONTACT:

Daniel Ducore, FTC/S–2115,

Washington, DC 20580. (202) 326–2526.

SUPPLEMENTARY INFORMATION: In the

Matter of Interco Incorporated, et al. The

prohibited trade practices and/or

corrective actions as set forth at 43 FR

48991, are changed, in part, as indicated

in the summary.

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

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

Sec. 2, 49 Stat. 1526; 15 U.S.C. 45, 13; Sec.

3, 38 Stat. 731; 15 U.S.C. 14)

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 95–9264 Filed 4–13–95; 8:45 am]

BILLING CODE 6750–01–M

[File No. 932 3332]

Mattel, 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 California-based

corporation from representing that any

aerosol product it sells offers any

environmental benefit, unless it can

substantiate the claim.

DATES: Comments must be received on

or before June 13, 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:

Michael Dershowitz, FTC/S–4002,

Washington, D.C. 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 § 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

§ 4.9(b)(6)(ii) of the Commission’s Rules

of Practice (16 CFR 4.9(b)(6)(ii)).

In the matter of Mattel, Inc., a corporation.

File No. 932–3332.

Agreement Containing Consent Order to

Cease and Desist

The Federal Trade Commission

having initiated an investigation of

certain acts and practices of Mattel, Inc.,

a corporation (‘‘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 acts and practices

being investigated,

It is hereby agreed by and between

Mattel, Inc., by its duly authorized

officer, and its attorney, and counsel for

the Federal Trade Commission that:

1. Proposed respondent Mattel, Inc. is

a corporation organized, existing and

doing business under and by virtue of

the laws of the State of Delaware, with

its principal office or place of business

at 333 Continental Blvd., El Segundo,

California, 90245–5012.

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;

(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) All claims under the Equal Access

to Justice Act.

4. This agreement shall not become a

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 the complaint contemplated hereby,

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 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

that the law has been violated as alleged

in the draft complaint or that the facts

as alleged in the 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 § 2.34 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 of complaint 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. The order shall become final

upon service. Delivery by the U.S.

Postal Service of the 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

might 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 in the

agreement may be used to vary or

contradict the terms of the order.

7. Proposed respondent has read the

complaint and the order contemplated

hereby. It understands that once the

order has been issued, it will be

required to file one or more compliance

reports showing 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.
Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Notices 19069

Order

Definitions

For purposes of this Order, the

following definitions shall apply:

‘‘Class I ozone-depleting substance’’

means a substance that harms the

environment by destroying ozone in the

upper atmosphere and is listed as such

in Title 6 of the Clean Air Act

Amendments of 1960, Pub. L. No. 101–

549, and any other substance which

may in the future be added to the list

pursuant to Title 6 of the Act. Class I

substances currently include

chlorofluorocarbons, halons, carbon

tetrachloride, 1,1,1-trichloroethane,

methyl bromide and

hydrobromofluorocarbons.

‘‘Class II ozone-depleting substance’’

means a substance that harms the

environment by destroying ozone in the

upper atmosphere and is listed as such

in Title 6 of the Clean Air Act

Amendments of 1960, Pub. L. No. 101–

549, and any other substance which

may in the future be added to the list

pursuant to Title 6 of the Act. Class II

substances currently include

hydrochlorofluorocarbons.

‘‘Product’’ means any product that is

offered for sale, sold or distributed to

the public by respondent, its successors

and assigns, under the Barbie brand

name or any other brand name of

respondent, its successors and assigns;

and also means any product sold or

distributed to the public by third parties

under private labeling agreements with

respondent, its successors and assigns.

‘‘Competent and reliable scientific

evidence’’ means tests, analyses,

research, studies or other evidence

based on the expertise of professionals

in the relevant area, that has been

conducted and evaluated in an objective

manner by persons qualified to do so,

using procedures generally accepted in

the profession to yield accurate and

reliable results.

I

It is ordered that respondent, Mattel,

Inc., a corporation, its successors and

assigns, and its officers, agents,

representatives, and employees, directly

or through any corporation, subsidiary,

division, or other device, in connection

with the labeling, advertising,

promotion, offering for sale, sale, or

distribution of any product containing

any Class I or Class II ozone-depleting

substance, in or affecting commerce, as

‘‘commerce’’ is defined in the Federal

Trade Commission Act, do forthwith

cease and desist from representing that

any such product ‘‘contains no

chlorofluorocarbons’’ or ‘‘contains no

CFC’s’’ or representing, in any manner,

directly or by implication, that any such

product will not deplete, destroy, or

otherwise adversely affect ozone in the

upper atmosphere or otherwise harm

the atmosphere.

II

It is further ordered that respondent,

Mattel, Inc., a corporation, its successors

and assigns, and its officers, agents,

representatives, and employees, directly

or through any corporation, subsidiary,

division, or other device, in connection

with the labeling, advertising,

promotion, offering for sale, sale, or

distribution of any aerosol product in or

affecting commerce, as ‘‘commerce’’ is

defined in the Federal Trade

Commission Act, do forthwith cease and

desist from representing, in any manner,

directly or by implication, that any such

product offers any environmental

benefit, unless at the time of making

such representation, respondent

possesses and relies upon competent

and reliable evidence, which when

appropriate must be competent and

reliable scientific evidence, that

substantiates such representation.

III

It is further ordered that for five (5)

years after the last date of dissemination

of any representation covered by this

Order, respondent, or its successors and

assigns, shall maintain and upon

request make available to the Federal

Trade Commission for inspection and

copying:

A. All materials that were relied upon

in disseminating such representation;

and

B. All tests, reports, studies, surveys,

demonstrations, or other evidence in its

possession or control that contradict,

qualify, or call into question such

representation, or the basis relied upon

for such representation, including

complaints from consumers.

IV

It is further ordered that respondent

shall 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 and placement of

advertisements, promotional materials,

product labels or other such sales

materials covered by this Order.

V

It is further ordered that respondent

shall notify the Commission at least

thirty (30) days prior to any proposed

change in the corporation such as a

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 under this

Order.

VI

It is further ordered that respondent

shall, within sixty (60) days after service

of this Order upon it, 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 it has

complied with this Order.

Analysis of Consent Order to Aid Public

Comment

The Federal Trade Commission has

accepted an agreement, subject to final

approval, to a proposed consent order

from respondent Mattel, Inc., a

Delaware 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 labeling of

the respondent’s Barbie Bath Blast

Fashion Foam Soap. The Commission’s

complaint in this matter alleges that

Barbie Bath Blast Fashion Foam Soap

contains hydrochlorofluorocarbons

(‘‘HCFCs’’)—chlorodifluoroethane

(HCFC–142b) and

chlorodifluoromethane (HCFC–22).

The Commission’s complaint charges

that the respondent labeled the product,

‘‘Contains no Chlorofluorocarbons

(CFC’s Non-Irritant—Non-Toxic.’’ The

complaint alleges that through this

claim, the respondent falsely

represented that because Barbie Bath

Blast Fashion Foam Soap contains no

chlorofluorocarbons, it will not deplete

the earth’s ozone layer or otherwise

harm or damage the atmosphere. In fact,

Barbie Bath Blast Fashion Foam Soap

contains the harmful ozone-depleting

ingredients chlorodifluoroethane

(HCFC–142b) and

chlorodifluoromethane (HCFC–22),

which harm or causes damage to the

atmosphere by contributing to the

depletion of the earth’s ozone layer.

The proposed consent order contains

provisions designed to remedy the

violations charged and to prevent the

respondent from engaging in similar

acts and practices in the future.

The proposed order defines Class I

and Class II ozone-depleting substances,
19070 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Notices

incorporating the definitions established

in the Clean Air Act Amendments of

1990. Class I substances currently listed

under the Act include CFCs, halons,

carbon tetrachloride, 1,1,1-

trichloroethane, methyl bromide, and

hydrobromofluorocarbons. Class II

substances currently consist of HCFCs.

Part I of the proposed order requires

the respondent to cease and desist from

representing that any product

containing any Class I or Class II ozonedepleting substance ‘‘contains no

chlorofluorocarbons’’ or ‘‘contains no

CFC’s’’ or representing, in any manner,

that any such product will not deplete,

destroy, or otherwise adversely affect

ozone in the upper atmosphere or

otherwise harm the atmosphere.

Under the Clean Air Act

Amendments, the EPA has authority to

add new chemicals to the Class I and

Class II lists. Thus, the order’s

definitions of Class I and Class II ozonedepleting substances include these and

any other substances that may be added

to the lists. If additional substances are

added to the Class I or II lists, Part I of

the order becomes applicable to claims

made for products containing those

substances after the substances are

added to the lists.

Part II of the proposed order provides

that if the respondent represents in

advertising or labeling that any aerosol

product offers any environmental

benefit, it must have a reasonable basis

consisting of competent and reliable

evidence, which when appropriate must

be competent and reliable scientific

evidence, that substantiates the claims.

The proposed order also requires the

respondent to maintain materials relied

upon to substantiate the claims covered

by the order, to distribute copies of the

order to certain company officials, to

notify the Commission of any changes

in corporate structure that might affect

compliance with the order, and to file

one or more reports detailing

compliance with the order.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 95–9265 Filed 4–13–95; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

Agency Information Collection Under

OMB Review

Title: Evaluation of the National Head

Start/Public School Early Childhood

Transition Demonstration Project.

OMB No.: 0980–0240.

Description: This is a series of

standardized instruments and interview

forms for use with children, parents,

teachers, and principals participating in

the national evaluation of the Head

Start/Public School Early Transition

demonstration program. The evaluation

is designed to determine the impact of

the demonstration project on the

participating children, families and

schools.

Respondents: Individuals or

households, and State Government.

Estimate of total annual reporting and

recordkeeping burden:

Respondents: 26,364.

Number of Responses per

Respondent: 1.

Total Annual Responses: 26,364.

Average Burden per Response: 1.26.

Estimated Annual Burden: 33,288.

Additional Information: Copies of the

request for approval may be obtained

from Bob Sargis of the Office of

Information Resource Management,

ACF, by calling (202) 690–7275.

OMB Comment: Consideration will be

given to comments and suggestions

received within 30 days of publication.

Written comments and

recommendations for the proposed

information collection should be sent

directly to the following: Office of

Management and Budget, Paperwork

Reduction Project, 725 17th Street, NW.,

Washington, DC 20503, Attn: Ms.

Wendy Taylor.

Dated: April 3, 1995.

Roberta Katson,

Acting Director, Office of Information

Resource Management.

[FR Doc. 95–8783 Filed 4–13–95; 8:45 am]

BILLING CODE 4184–01–M

Food and Drug Administration

[Docket No. 95N–0095]

Drug Export; Aerrane (Isoflurane)

100% in 250 Milliliter (mL) Amber Glass

Bottles

AGENCY: Food and Drug Administration,

HHS.

ACTION: Notice.

SUMMARY: The Food and Drug

Administration (FDA) is announcing

that Ohmeda, Inc., has filed an

application requesting approval for the

export of the human drug AErrane

(isoflurane) 100% in 250 mL amber

glass bottles to the Netherlands.

ADDRESSES: Relevant information on

this application may be directed to the

Dockets Management Branch (HFA–

305), Food and Drug Administration,

rm. 1–23, 12420 Parklawn Dr.,

Rockville, MD 20857, and to the contact

person identified below. Any future

inquiries concerning the export of

human drugs under the Drug Export

Amendments Act of 1986 should also be

directed to the contact person.

FOR FURTHER INFORMATION CONTACT:

James E. Hamilton, Center for Drug

Evaluation and Research (HFD–310),

Food and Drug Administration, 7520

Standish Pl., Rockville, MD 20855, 301–

594–0063.

SUPPLEMENTARY INFORMATION: The drug

export provisions in section 802 of the

Federal Food, Drug, and Cosmetic Act

(the act) (21 U.S.C. 382) provide that

FDA may approve applications for the

export of drugs that are not currently

approved in the United States. Section

802(b)(3)(B) of the act sets forth the

requirements that must be met in an

application for approval. Section

802(b)(3)(C) of the act requires that the

agency review the application within 30

days of its filing to determine whether

the requirements of section 802(b)(3)(B)

have been satisfied. Section 802(b)(3)(A)

of the act requires that the agency

publish a notice in the Federal Register

within 10 days of the filing of an

application for export to facilitate public

participation in its review of the

application. To meet this requirement,

the agency is providing notice that

Ohmeda, Inc., 110 Allen Rd., P.O. Box

804, Liberty Corner, NJ 07938–0804, has

filed an application requesting approval

for the export of the human drug

AErrane (isoflurane) 100% in 250 mL

amber glass bottles to the Netherlands.

The product is used for the induction

and maintenance of general anesthesia.

The firm holds an approved new drug

application (Forane) for this product

packaged in 100 mL amber glass bottles.

The application was received and filed

in the Center for Drug Evaluation and

Research on February 7, 1995, which

shall be considered the filing date for

purposes of the act.

Interested persons may submit

relevant information on the application

to the Dockets Management Branch

(address above) in two copies (except

that individuals may submit single

copies) and identified with the docket

number found in brackets in the

heading of this document. These

submissions may be seen in the Dockets

Management Branch between 9 a.m. and

4 p.m., Monday through Friday.

The agency encourages any person

who submits relevant information on

the application to do so by April 24,

1995, and to provide an additional copy

of the submission directly to the contact

person identified above, to facilitate