[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Notices]
[Pages 18340-18342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06785]


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FEDERAL TRADE COMMISSION

[Files No. 082 3199, 122 3063, 122 3065]


The Neiman Marcus Group, Inc.; Dr.Jays.com, Inc., Eminent, Inc.; 
Analysis of Proposed Consent Orders To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreements.

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SUMMARY: The consent agreements in this matter settle 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 
complaints and the terms of the consent orders--embodied in the consent 
agreements--that would settle these allegations.

DATES: Comments must be received on or before April 18, 2013.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/neimanmarcusconsent; https://ftcpublic.commentworks.com/ftc/drjaysconsent; or https://ftcpublic.commentworks.com/ftc/eminentconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Neiman Marcus, File 
No. 082 3199'' or ``Dr.Jays.com, File No. 122 3063'' or ``Eminent, File 
No. 122 3065'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/neimanmarcusconsent; https://ftcpublic.commentworks.com/ftc/drjaysconsent; or https://ftcpublic.commentworks.com/ftc/eminentconsent by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, mail or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex 
D), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Matt Wilshire (202-326-2976), FTC, 
Bureau of Consumer Protection, 600

[[Page 18341]]

Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, 
notice is hereby given that the above-captioned consent agreements 
containing consent orders to cease and desist, having been filed with 
and accepted, subject to final approval, by the Commission, have 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 agreements, and the allegations in the complaints. An 
electronic copy of the full text of the consent agreement packages can 
be obtained from the FTC Home Page (for March 19, 2013), on the World 
Wide Web, at http://www.ftc.gov/os/actions.shtm. Paper copies 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.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before April 18, 2013. 
Write ``Neiman Marcus, File No. 082 3199'' or ``Dr.Jays.com, File No. 
122 3063'' or ``Eminent, File No. 122 3065'' on your comment. Your 
comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, like anyone's Social Security number, 
date of birth, driver's license number or other state identification 
number or foreign country equivalent, passport number, financial 
account number, or credit or debit card number. You are also solely 
responsible for making sure that your comment does not include any 
sensitive health information, like medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which * * * is privileged or confidential,'' as discussed in Section 
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
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    \1\ In particular, the written request for confidential 
treatment that accompanies the comment must include the factual and 
legal basis for the request, and must identify the specific portions 
of the comment to be withheld from the public record. See FTC Rule 
4.9(c), 16 CFR 4.9(c).
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    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/neimanmarcusconsent; https://ftcpublic.commentworks.com/ftc/drjaysconsent; or https://ftcpublic.commentworks.com/ftc/eminentconsent 
by following the instructions on the web-based form. If this Notice 
appears at http://www.regulations.gov/#!home, you also may file a 
comment through that Web site.
    If you file your comment on paper, write ``Neiman Marcus, File No. 
082 3199'' or ``Dr.Jays.com, File No. 122 3063'' or ``Eminent, File No. 
122 3065'' on your comment and on the envelope, and mail or deliver it 
to the following address: Federal Trade Commission, Office of the 
Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue NW, 
Washington, DC 20580. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public 
comments to consider and use in this proceeding as appropriate. The 
Commission will consider all timely and responsive public comments that 
it receives on or before April 18, 2013. You can find more information, 
including routine uses permitted by the Privacy Act, in the 
Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

Analysis of Agreement Containing Consent Orders To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
accepted, subject to final approval, agreements containing consent 
orders from The Neiman Marcus Group, Inc. (``Neiman Marcus''), 
DrJays.com, Inc. (``DrJays''), and Eminent, Inc., doing business as 
Revolve Clothing (``Revolve'').
    The proposed consent orders have 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 
agreements and the comments received, and decide whether it should 
withdraw from the agreements or make the proposed orders final.

Proposed Complaints

    These matters involve violations of Section 5(a) of the Federal 
Trade Commission Act, 15 U.S.C. 45(a) (``FTC Act''), Section 5(a)(5) of 
the Fur Products Labeling Act, 15 U.S.C. 69c(a)(5) (``Fur Act''), and 
Sections 301.2(c) and 301.49 of the Rules and Regulations Under Fur 
Products Labeling Act, 16 CFR 301.2(c) and 301.49 (``Fur Rules''). In 
2010, Congress enacted the Truth in Fur Labeling Act, which amended the 
Fur Act by, among other things, eliminating an exemption for items 
containing fur valued at no more than $150. As a result, the Fur Act 
now requires disclosure of any fur content in wearing apparel.
    The proposed complaints allege that Neiman Marcus, DrJays, and 
Revolve each advertised products containing real fur as containing 
``faux fur'' on its Internet site. The proposed complaints further 
allege that the advertisements failed to disclose the names, as set 
forth in the Fur Products Name Guide, 16 CFR 301.0, of the animals that 
produced the fur in each product. They also allege that most of the 
products had labels correctly identifying the fur content.
    The proposed complaint against Neiman Marcus alleges that the 
company's Web site misrepresented the fur content and failed to 
disclose the animal name for three products: an Outerwear Jacket, a 
Ballerina Flat by Stuart Weitzman, and a Kyah Faux Fur-Collar Coat. In 
addition to falsely advertising the Ballerina Flat online as ``faux'' 
fur, Neiman Marcus' catalog and mail advertising falsely represented 
that the product's fur was mink when it was in fact rabbit. The 
proposed complaint further alleges that Neiman Marcus sold at least 316 
units of the three products. Finally, it alleges that Neiman Marcus

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failed to disclose the country of origin of each product.
    The proposed complaint against DrJays alleges that the company 
misrepresented the fur content and failed to disclose the animal name 
for three products: a Snorkel Jacket by Crown Holder; a Fur/Leather 
Vest by Knoles & Carter; and a New York Subway Leather Bomber Jacket by 
United Face. It further alleges that DrJays sold at least 241 units.
    The proposed complaint against Revolve alleges that the company 
misrepresented the fur content and failed to disclose the animal name 
for four products: an Australia Luxe Collective Nordic Angel Short 
Boot; a Marc Jacobs Runway Roebling Coat; a Dakota Xan Fur Poncho; and 
an Eryn Brinie Belted Faux Fur Vest. It further alleges that Revolve 
sold at least 158 units of the products.

Proposed Orders

    The proposed orders are designed to prevent Neiman Marcus, DrJays, 
and Revolve from engaging in similar acts and practices in the future.
    Paragraph I bars each proposed respondent from violating the Fur 
Act and Rules by, among other things, misrepresenting in mail, catalog, 
or Internet advertisements that the fur in any product is faux or fake 
or misrepresenting the type of fur. Paragraph I also contains a proviso 
incorporating the Enforcement Policy Statement that the Commission 
announced on January 3, 2013. The proviso and Statement provide a safe 
harbor when a retailer cannot legally obtain a guaranty, as long as the 
retailer meets certain requirements, including that it neither knew nor 
should have known of the violation.
    Paragraphs II though IV will help the Commission ensure that the 
proposed respondents comply with Part I by requiring them to keep 
copies of advertisements and materials relied upon in disseminating any 
representation covered by the orders (Paragraph II); provide copies of 
the orders to certain personnel having responsibility for the 
advertising or sale of fur and fake fur products (Paragraph III); and 
provide certain notices and compliance reports to the Commission 
(Paragraph IV).
    Finally, Part V provides that the orders will terminate after 
twenty (20) years, with certain exceptions.
    The purpose of this analysis is to facilitate public comment on the 
proposed orders. It is not intended to constitute an official 
interpretation of the complaints or the proposed orders, or to modify 
the proposed orders' terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013-06785 Filed 3-25-13; 8:45 am]
BILLING CODE 6750-01-P