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

Order

Definitions

For the purposes of this order, the

following definitions shall apply:

A. The term ‘‘Communication aid’’

means any alphabet display chart,

computer, typewriter or other device,

which is created or marketed for use by

persons with communication

impairments, including the ‘‘Crestalk’’

and ‘‘Canon Communicator.’’

B. The term ‘‘Facilitated

Communication’’ means any method or

technique or process that entails an

individual providing physical support

to a person with a communication

impairment, while that person types or

points to a communication aid.

I.

It is ordered that respondent, Louis

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

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 manufacturing, labeling,

advertising, promotion, offering for sale,

sale, or distribution of any

communication aid, in or affecting

commerce, as ‘‘commerce’’ as defined in

the Federal Trade Commission Act, do

forthwith cease and desist from

misrepresenting, in any manner,

directly or by implication, that such

product enables autistic individuals to

communicate through facilitated

communication.

II.

It is further ordered that respondent,

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

Company), 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 he manufacturing, labeling,

advertising, promotion, offering for sale,

sale, or distribution of any

communication aid, in or affecting

commerce, as ‘‘commerce’’ as defined in

the Federal Trade Commission Act, do

forthwith cease and desist from

representing, in any manner, directly or

by implication, that such product

enables individuals with disabilities to

communicate through facilitated

communication, unless such

representation is true and, at the time of

making such representation, respondent

possesses and relies upon competent

and reliable scientific evidence that

substantiates the representation. For

purposes of this Order, ‘‘competent and

reliable scientific evidence’’ shall mean

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.

III.

It is further ordered that respondent.

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

Company), 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 manufacturing, labelling,

advertising, promotion, offering for sale,

sale, or distribution of any

communication aid, 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, the performance or

attributes of any such product, 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.

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.

V.

It is further ordered that respondent

shall notify the Commission at least

thirty (30) days prior to the effective

date of any proposed change in the

respondent that may affect compliance

obligations under this Order such as

dissolution, assignment, or sale

resulting in the emergency of a

successor corporation(s), the creation or

dissolution of subsidiaries, or any other

change in the corporation(s).

VI.

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.

VII.

It is further ordered that respondent

shall, within sixty (60) days from the

date of 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 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 respondent Louis Bass, Inc., d/b/a

Crestwood Company, a Wisconsin

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 ‘‘Crestalk’’ and the ‘‘Canon

Communicator,’’ communication aids

for individuals with disabilities. The

Commission’s complaint charges that

respondent’s advertising contained false

and unsubstantiated representations

concerning the efficacy of these

communication aids in enabling autistic

individuals 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 Crestalk or the Canon

Communicator.

Specifically, the complaint alleges

that respondent falsely represented that

the Crestalk and the Canon
Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Notices 469

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.

Communicator enable autistic

individuals to communicate through

facilitated communication. The

complaint also alleges that respondent

lacked substantiation for these claims.

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.

Part I of the proposed order prohibits

respondent from misrepresenting that

any communication aid enable autistic

individuals to communicate through

facilitated communication.

As fencing-in relief, Part II of the

proposed order provides that, if the

respondent represents that a

communication aid enables individuals

with disabilities to communicate

through facilitated communication, the

representation must be true and

respondent must possess competent and

reliable scientific evidence that

substantiates the representation. In

addition, Part II of the proposed order

prohibits respondent from representing

the performance or attributes of a

communication aid unless it possesses

and relies upon competent and reliable

evidence, which when appropriate must

be competent and reliable scientific

evidence, to substantiate the

representation.

The proposed order also requires

respondent to maintain materials relied

upon to substantiate claims covered by

the order; to provide a copy of the

consent agreement to its employees

involved in the preparation and

placement of respondent’s

advertisements, or in communication

with respondent’s customers or

prospective customers; to notify the

Commission of any change in the

corporate structure that might affect

compliance with the order; 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. 95–94 Filed 1–3–95: 8:45 am]

BILLING CODE 6750–01–M

[Dkt. C–3546]

Rite Aid Corporation; Prohibited Trade

Practices, and Affirmative Correction

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 requires, among other things, Rite

Aid, in conjunction with its acquisition

of LaVerdiere’s Enterprises, Inc., to

divest the pharmacy assets either in its

own Rite Aid stores, or in the

LaVerdiere’s stores it will acquire, in

three specified cities, to a Commissionapproved entity within 12 months of the

order. If the divestitures are not

accomplished within the time-frame,

the Commission can appoint a trustee to

accomplish them. In addition, the

consent order requires the respondent,

for a period of ten years, to obtain

Commission approval before acquiring

any assets or stocks in any entity

engaged in the business of selling

prescription drugs at retail outlets in the

three designated cities.

DATES: Complaint and Order issued

December 15, 1994.1

FOR FURTHER INFORMATION CONTACT: Ann

Malester or Catharine Moscatelli, FTC/

S–2224, Washington, D.C. 20580. (202)

326–2682 or 326–2749.

SUPPLEMENTARY INFORMATION: On

Monday, September 12, 1994, there was

published in the Federal Register, 59 FR

46843, a proposed consent agreement

with analysis In the Matter of Rite Aid

Corporation, 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.

Comments were filed and considered

by the Commission. 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 divest,

as set forth in the proposed consent

agreement, in disposition of this

proceeding.

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

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

7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18)

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 95–95 Filed 1–3–95; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

Government-Owned Invention;

Availability for Licensing

AGENCY: National Institutes of Health,

HHS.

ACTION: Notice.

SUMMARY: The invention listed below is

owned by an agency of the U.S.

Government and is available for

licensing in the U.S. (and in foreign

markets) in accordance with 35 U.S.C.

207 to achieve expeditious

commercialization of results of federally

funded research and development.

A ‘‘Method And System For

Measuring The Diffusion Tensor And

For Diffusion Tensor Imaging’’ was

developed by P.J. Basser and J.H.

Mattiello of the National Center for

Research Resources and D. LeBinah of

the Warren Grant Magnuson Clinical

Center. The National Institutes of Health

is the assignee of patent rights to this

technology, which are covered under

U.S. Patent Application Number 08/

103,009, filed August 6, 1993.

This application describes a new

modality of nuclear magnetic resonance

imaging. Specifically, this is a method

and system for measuring the diffusion

tensor and for generating images related

to the diffusion tensor. Several

advantages can be achieved with this

method and system for measuring the

effective diffusion tensor for spinlabeled nuclei. The diffusion tensor may

be used for generating a diffusion

ellipsoid for the measured region. Such

techniques may be used for imaging

fiber orientation in tissue.

Measurements in diffusion tensor may

also be used for aligning and calibrating

the magnetic field gradients of the NMR

apparatus itself.

ADDRESSES: Licensing information and

copies of the U.S. patent application

may be obtained by writing to J.E.

Fahner-Vihtelic at the Office of

Technology Transfer, National Institutes

of Health, 6011 Executive Boulevard,

Suite 325, Rockville, Maryland 20852–

3804 (telephone 301/496–7735 ext. 285;

fax 301/402–0220). A signed

Confidential Disclosure Agreement will

be required to receive copies of the

patent application.

Dated: December 20, 1994.

Barbara M. McGarey,

Deputy Director, Office of Technology

Transfer.

[FR Doc. 95–46 Filed 1–3–95; 8:45 am]

BILLING CODE 4140–01–P