[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30319]
[[Page Unknown]]
[Federal Register: December 9, 1994]
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FEDERAL TRADE COMMISSION
[File No. 942 3028]
Haagen-Dazs Company, Inc.; Proposed Consent Agreement With
Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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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 New Jersey-based ice cream and frozen
yogurt corporation from misrepresenting the existence or amount of fat,
saturated fat, cholesterol, or calorie content of any of its frozen
food products in the future.
DATES: Comments must be received on or before February 10, 1995.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Anne Maher or Michelle Rusk, FTC/S-4002, Washington, DC 20580. (202)
326-2987 or 326-3148.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Sec. 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
Sec. 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 Haagen-Dazs Company, Inc., a corporation,
hereinafter sometimes referred to as 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 use of the
acts and practices being investigated,
It Is Hereby Agreed by and between Haagen-Dazs Company, Inc., by
its duly authorized officer and attorney, and counsel for the Federal
Trade Commission that:
1. Proposed respondent Haagen-Dazs Company, Inc. is a corporation
organized, existing and doing business under and by virtue of the laws
of the State of New Jersey with its principal office and place of
business located at Glenpointe Centre East, Teaneck, NJ 07666-6782.
2. Proposed respondent admits all the jurisdictional facts set
forth in the draft complaint.
3. Proposed respondent waives:
(a) Any 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 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 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 that the law has been
violated as alleged in the draft of complaint or that the facts as
alleged in the draft complaint, other than jurisdictional facts, are
true.
6. The 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 Sec. 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 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 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 rights 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.
Order
I
It is ordered that respondent Haagen-Dazs Company, 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
manufacturing, labeling, advertising, promotion, offering for sale, or
distribution of any frozen food product in or affecting commerce, as
``commerce'' is defined in the Federal Trade Commission Act, do
forthwith cease and desist from misrepresenting, in any manner,
directly or by implication, through numerical or descriptive terms or
any other means, the existence or amount of fat, saturated fat,
cholesterol or calories in any such product. If any representation
covered by this Part either directly or by implication conveys any
nutrient content defined (for purpose of labeling) by any regulation
promulgated by the Food and Drug Administration, compliance with this
part shall be governed by the qualifying amount for such defined claim
as set forth in that regulation.
II
Nothing in this Order shall prohibit respondent from making any
representation that is specifically permitted in labeling for any
frozen food product by regulations promulgated by the Food and Drug
Administration pursuant to the Nutrition Labeling and Education Act of
1960.
III
It is further ordered that for three (3) 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 copies of:
1. All materials that were relied upon in disseminating such
representation; and
2. All tests, reports, studies, surveys, demonstrations, or other
evidence in its possession of control that contradict, qualify, or call
into question such representation, including complaints from consumers.
IV
It is further ordered that respondent shall notify the Commission
at least thirty (30) days prior to any proposed change in the
respondent such as dissolution, assignment or sale resulting in the
emergence of a successor corporation, the creation or dissolution of
subsidiaries, or any other change in the respondent which may affect
compliance obligations arising out of this Order.
V
It is further ordered that respondent shall, within thirty (30)
days after service of this Order, 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 or placement
of advertisements or other materials covered by this Order.
VI
It is further ordered that respondent shall, within sixty (60) days
after service of this Order, 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 to a
proposed consent order from Haagen-Dazs Company, Inc. (``Haagen-
Dazs'').
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 or make final the agreement's proposed
order.
This matter concerns claims made by Haagen-Dazs in its advertising
for frozen yogurt products.
The Commission's complaint in this matter charges Haagen-Dazs with
engaging in unfair or deceptive practices in connection with its
advertising of frozen yogurt products. According to the complaint
Haagen-Dazs falsely represented that its frozen yogurt is 98 percent
fat free and low fat.
The complaint also alleges that Haagen-Dazs falsely represented
that its frozen yogurt bars contain one gram of fat per serving and are
low fat.
Finally, the complaint alleges that Haagen-Dazs falsely represented
that its frozen yogurt bars contain 100 calories per serving.
The consent order contains provisions designed to remedy the
violations charged and to prevent Haagen-Dazs from engaging in similar
deceptive and unfair acts and practices in the future.
Part I of the order prohibits Haagen-Dazs from misrepresenting the
existence or amount of fat, saturated fat, cholesterol or calories in
any frozen food product. Part I also requires that any representation
covered by this part that conveys a nutrient content claim defined for
labeling by any regulation of the Food and Drug Administration
(``FDA''), must comply with the qualifying amount set forth in that
regulation.
Part II of the order provides that representations that would be
specifically permitted in food labeling, under regulations issued by
FDA pursuant to the Nutrition Labeling and Education Act of 1990, are
not prohibited by the order.
Part III of the order requires Haagen-Dazs to maintain copies of
all materials relied upon in making any representation covered by the
order.
Part IV of the order requires Haagen-Dazs to notify the Commission
of any changes in corporate structure that might affect compliance with
the order.
Part V of the order requires Haagen-Dazs to distribute copies of
the order to its operating divisions and to various officers, agents
and representatives of Haagen-Dazs.
Part VI of the order requires Haagen-Dazs to file with the
Commission one or more reports detailing compliance with the order.
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 any of
their terms.
Donald S. Clark,
Secretary.
[FR Doc. 94-30319 Filed 12-8-94; 8:45 am]
BILLING CODE 6750-01-M