[Federal Register: March 13, 2002 (Volume 67, Number 49)]
[Notices]
[Page 11338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr02-101]
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FEDERAL TRADE COMMISSION
[File No. 012 3182]
Campbell Mithun LLC; Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint that accompanies the consent agreement and the terms of the
consent order--embodied in the consent agreement--that would settle
these allegations.
DATES: Comments must be received on or before April 8, 2002.
ADDRESSES: Comments filed in paper form should be directed to: FTC/
Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW.,
Washington, DC 20580. Comments filed in electronic form should be
directed to: consentagreement@ftc.gov, as prescribed below.
FOR FURTHER INFORMATION CONTACT: Mary Engle or Richard Kelly, Bureau of
Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC
20580, (202) 326-3161 or 326-3304.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec. 2.34 of
the Commission's rules of practice, 16 CFR 2.34, notice is hereby given
that the above-captioned 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 thirty (30) days. The following Analysis to Aid Public
Comment describes the terms of the consent agreement, and the
allegations in the complaint. An electronic copy of the full text of
the consent agreement package can be obtained from the FTC Home Page
(for March 6, 2002), on the World Wide Web, at http://www.ftc.gov/os/
2002/03/index.htm. A paper copy can be obtained from the FTC Public
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington,
DC 20580, either in person or by calling (202) 326-2222.
Public comments are invited, and may be filed with the Commission
in either paper or electronic form. Comments filed in paper form should
be directed to: FTC/Office of the Secretary, Room 159-H, 600
Pennsylvania Avenue, NW., Washington, DC 20580. If a comment contains
nonpublic information, it must be filed in paper form, and the first
page of the document must be clearly labeled ``confidential.'' Comments
that do not contain any nonpublic information may instead be filed in
electronic form (in ASCII format, WordPerfect, or Microsoft Word) as
part of or as an attachment to e-mail messages directed to the
following e-mail box: consentagreement@ftc.gov. Such comments will be
considered by the Commission and will be available for inspection and
copying at its principal office in accordance with Sec. 4.9(b)(6)(ii)
of the Commission's rules of practice, 16 CFR 4.9(b)(6)(ii)).
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted, subject to final
approval, an agreement containing a consent order from Campbell Mithun
LLC (Campbell), an advertising agency.
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) 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 involves allegedly unsubstantiated representations made
on television advertising about the effects of the calcium in Wonder
Bread on children's memory and brain function. Campbell was the
advertising agency that created these commercials. According to the FTC
complaint, Campbell made unsubstantiated claims that as a good source
of calcium, Wonder Bread helps children's minds work better and helps
children remember things. The complaint further alleges that the ad
agency knew or should have known that the claims were unsubstantiated.
The proposed consent order contains provisions designed to prevent
Campbell from engaging in similar acts and practices in the future.
Part I of the proposed order prohibits Campbell from making any
unsubstantiated claim (a claim lacking competent and reliable
scientific evidence) that as a good source of calcium, Wonder Bread
helps children's minds work better, or as a good source of calcium,
Wonder Bread helps children remember things.
Part II of the order requires Campbell to have competent and
reliable scientific evidence for any claim that any bread, bread
product, rolls or muffins or any of their ingredients, helps brain
function or memory, or can treat, cure or prevent any disease or
related health condition. Part II also provides that a mere statement
that a product contains a particular vitamin or mineral will not,
without more, be considered for purposes of this order a representation
that the product can treat, cure or prevent any disease or related
health condition.
Part III of the order notes that this order does not prohibit
Campbell from making any claim that is specifically permitted in
labeling pursuant to the Nutrition Labeling and Education Act of 1990.
Parts IV through VII of the order require Campbell to keep copies of
relevant advertisements and materials substantiating claims made in the
advertisements, to provide copies of the order to certain of its
personnel, to notify the Commission of changes in corporate structure,
and to file a compliance report with the Commission. Part VIII provides
that the order will terminate after twenty (20) years under certain
circumstances.
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 in any
way their terms.
By direction of the Commission, Commissioner Anthony recused.
Donald S. Clark,
Secretary.
[FR Doc. 02-5965 Filed 3-12-02; 8:45 am]
BILLING CODE 6750-01-P