[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Notices]
[Page 17831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9370]


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FEDERAL TRADE COMMISSION

[Docket No. C-3716]


Phaseout of America, Inc., et al.; Prohibited Trade Practices, 
and Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

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SUMMARY: In settlement of alleged violations of federal law prohibiting 
unfair or deceptive acts or practices and unfair methods of 
competition, this consent order requires, among other things, the New 
York-based firms to send a postcard to identifiable past purchasers of 
PhaseOut, a purported stop-smoking device, notifying them of the 
Commission's action. The order also requires the respondents to have 
scientific substantiation for claims that PhaseOut or any other 
smoking-cessation product reduces the amount of nicotine, tar, and 
carbon monoxide smokers receive. In addition, the consent order 
prohibits the respondents' misrepresentations concerning any test, 
study or endorsement.

DATES: Complaint and Order issued February 12, 1997.\1\

    \1\ Copies of the Complaint and the Decision and Order are 
available from the Commission's Public Reference Branch, H-130, 6th 
Street and Pennsylvania Avenue NW., Washington, DC 20580.
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FOR FURTHER INFORMATION CONTACT:
Shira Modell, FTC/S-4002, Washington, DC 20580, (202) 326-3116.

SUPPLEMENTARY INFORMATION: On Thursday, December 5, 1996, there was 
published in the Federal Register, 61 FR 64526, a proposed consent 
agreement with analysis In the Matter of PhaseOut of America, 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 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, 52)
Donald S. Clark,
Secretary.
[FR Doc. 97-9370 Filed 4-10-97; 8:45 am]
BILLING CODE 6750-01-M