16148 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 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, NW., Washington, DC 20580.

1Copies of the Complaint and the Decision and

Order are available from the Commission’s Public

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

Avenue, NW., Washington, DC 20580.

[Dkt. 9266]

Red Apple Companies, Inc., et al.;

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 requires, among other things,

three New York-based companies and

their officer to divest six supermarkets,

within 12 months, to a Commissionapproved acquirer or acquirers. If the

respondents fail to satisfy the

divestiture requirements, the consent

order permits the Commission to

appoint a trustee to divest supermarkets

to satisfy the terms of the order. The

consent order also prohibits the

respondents, for ten years, from

acquiring, without prior Commission

approval, any supermarket or any

interest in an entity that owns or

operates a supermarket in New York

County south of 116th Street. In

addition, the respondents, for ten years,

are prohibited from entering into or

enforcing any restrictions that would

prevent any person acquiring any

supermarket owned or operated by any

respondent in New York County south

of 116th Street from operating the stores

as supermarkets.

DATES: Compaint issued May 27, 1994.

Order issued February 28, 1995.1

FOR FURTHER INFORMATION CONTACT:

Ronald Rowe, FTC/S–2105,

Washington, DC 20580. (202) 326–2610.

SUPPLEMENTARY INFORMATION: On

Monday, December 19, 1994, there was

published in the Federal Register, 59 FR

65364, a proposed consent agreement

with analysis In the Matter of Red Apple

Companies, Inc., et al., 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

from 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 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).

Donald S. Clark,

Secretary.

[FR Doc. 95–7632 Filed 3–28–95; 8:45 am]

BILLING CODE 6750–01–M

[Docket No. C–3559]

Sulzer Limited; 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 requires, among other things,

Sulzer, a Swiss firm to divest, within six

months, a copy of all the information

necessary to purchase ingredients for, to

manufacture and to sell aluminum

polyester powder—equivalent to

Sulzer’s Amdry 2010—to a Commissionapproved acquirer. If the divestiture is

not completed on time, the consent

order permits the Commission to

appoint a trustee to divest copies of both

the Amdry 2010 information and all

product information relating to the

acquired firms aluminum polyester

powder. In addition, the consent order

requires the respondent, for ten years, to

obtain Commission approval before

acquiring any assets in the aluminum

polyester powder market.

DATES: Compalint and Order issued

February 23, 1995.1

FOR FURTHER INFORMATION CONTACT:

Ann Malester, FTC/S–2224,

Washington, DC 20580. (202) 326–2682.

SUPPLEMENTARY INFORMATION: On

Thursday, October 13, 1994, there was

published in the Federal Register, 59 FR

51983, a proposed consent agreement

with analysis In the Matter of Sulzer

Limited, 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.

A comment was 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).

Donald S. Clark,

Secretary.

[FR Doc. 95–7633 Filed 3–28–95; 8:45 am]

BILLING CODE 6750–01–M

[File No. 912 3232]

Taleigh Corporation, et al.; 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, two marketing

corporations and the owner from

misrepresenting that any product is new

or unique, the existence or conclusions

of any test or study, or that an

endorsement for any product represents

the typical experience of people who

use it. The consent agreement would

require the respondents to possess

scientific evidence to substantiate any

representation regarding the

performance, benefits, efficacy or safety

of any weight-loss or stop-smoking

product, or of any food, dietary

supplement, drug, or device. In

addition, the consent agreement would

require the owner to post a $300,000

performance bond, or to establish an

escrow account in the amount of

$300,000, as a condition of advertising,

promoting, selling or distributing any

weight-loss or smoking deterrent or

cessation product.

DATES: Comments must be received on

or before May 30, 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:

Joel Winston or Richard Cleland, FTC/

S–4002, Washington, D.C. 20580. (202)

326–3153 or 326–3088.

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