[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1371]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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FEDERAL TRADE COMMISSION
[File No. 912 3374]

 

Mace Security International, Inc., et al.; 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 
require, among other things, the marketers of self-defense products to 
disclose that their MACE product may not be effective against armed 
assailants or against enraged, drugged, or intoxicated people. The 
order also would require the company to substantiate any future claims 
it makes about any attribute of any self-protection product, and to 
send a notice of the settlement to distributors and consumers.

DATES: Comments must be received on or before March 21, 1994.

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: Michael Bloom or Alice Au, FTC/New 
York Regional Office, 150 William St., 13th Floor, New York, N.Y. 
10038. (212) 264-8290.

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 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)).

    [File No. 9123374]

Agreement Containing Consent Order To Cease and Desist

    In the Matter of MACE Security International, Inc., a 
corporation, Personal Security, Inc., a corporation, Jon E. 
Goodrich, individually and as an officer and director of MACE 
Security International, Inc., and Personal Security, Inc., Robert P. 
Gould, individually and as an officer and director of MACE Security 
International, Inc., and Personal Security, Inc., and James Kardas, 
individually and as an officer and director of Personal Security, 
Inc.

    The Federal Trade Commission having initiated an investigation of 
certain acts and practices of MACE Security International, Inc., a 
corporation; Personal Security, Inc., a corporation; Jon E. Goodrich, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; Robert P. Gould, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; and James Kardas, 
individually and as an officer and director of Personal Security, Inc.; 
and it now appearing that MACE Security International, Inc., a 
corporation; Personal Security, Inc., a corporation; Jon E. Goodrich, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; Robert P. Gould, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; and James Kardas, 
individually and as an officer and director of Personal Security, Inc.; 
hereinafter sometimes referred to as proposed respondents or 
respondents, are 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 MACE Security International, 
Inc., by its duly authorized officer; Personal Security, Inc., by its 
duly authorized officer; Jon E. Goodrich, individually and as an 
officer and director of MACE Security International Inc. and Personal 
Security, Inc.; Robert P. Gould, individually and as an officer and 
director of MACE Security International, Inc. and Personal Security, 
Inc.; and James Kardas, individually and as an officer and director of 
Personal Security, Inc.; and their attorney, and counsel for the 
Federal Trade Commission that:
    1. Respondent MACE Security International, Inc. is a corporation 
organized, existing, and doing business under and by virtue of the laws 
of the State of Delaware, with its corporate office located at 160 
Benmont Avenue, Bennington, Vermont 05201. Respondent was formerly 
doing business as Mark Sport, Inc.
    Respondent Personal Security, Inc. is a corporation organized, 
existing, and doing business under and by virtue of the laws of the 
State of Vermont, with its corporate office located at 160 Benmont 
Avenue, Bennington, Vermont 05201.
    Proposed respondents Jon E. Goodrich and Robert P. Gould are 
officers and directors of MACE Security International, Inc. and 
Personal Security, Inc. Mr. Goodrich and Mr. Gould formulate, direct, 
and control the policies, acts, and practices of said corporations and 
their addresses are the same as that of said corporations. Proposed 
respondent James Kardas is an officer and director of Personal 
Security, Inc. Mr. Kardas formulates, directs, and controls the 
policies, acts, and practices of said corporation, and his address is 
the same as that of said corporation.
    2. Proposed respondents admit all the jurisdictional facts set 
forth in the attached draft complaint.
    3. Proposed respondents waive:
    (a) Any further procedural steps;
    (b) The requirement that the Commission's decision contain a 
statement of findings of fact and conclusions of law;
    (c) All rights to seek judicial review or otherwise to challenge or 
contest the validity of the Order entered pursuant to this agreement; 
and
    (d) Any claim under the Equal Access to Justice Act, 5 U.S.C. 504.
    4. This agreement shall not become part of the public reccord of 
the proceeding unless and until it is accepted by the Commission. If 
this agreement is accepted by the Commission, it, together with the 
attached draft complaint, 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 respondents, 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 respondents of facts, other than 
jurisdictional facts, or of violations of law as alleged in the draft 
of complaint here attached.
    6. This agreement contemplates that, if it is accepted by the 
Commission, and if such acceptance is not subsequently withdraw by the 
Commission pursuant to the provisions of Sec. 2.34 of the Commission's 
Rules, the Commission may, without further notice to proposed 
respondents: (1) Issue its complaint corresponding in form and 
substance with the attached 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 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 
respondents' address as stated in this agreement shall constitute 
service. Proposed respondents waive any right they 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 respondents have read the attached draft complaint and 
the following Order. Proposed respondents understand that once the 
Order has been issued, they will be required to file one or more 
compliance reports showing that they have fully complied with the 
Order. Proposed respondents further understand that they may be liable 
for civil penalties in the amount provided by law for each violation of 
the Order after it becomes final.

Order

Definitions
    A. For purposes of this Order, ``competent and reliable scientific 
evidence'' shall mean tests, analyses, research, studies, or other 
evidence based on the expertise of professionals in the relevant area, 
that has been conducted and evaluated in an objective manner by persons 
qualified to do so, using procedures generally accepted in the 
profession to yield accurate and reliable results.
    B. For purposes of this Order, ``MACE'' shall mean any chemical 
self-protection product marketed for civilian use that contains as its 
active ingredient approximately 1% phenylchloromethyl-ketone (a.k.a. 
chloroacetophenone or CN).
    C. For purposes of this Order, ``chemical self-protection product'' 
shall mean any chemical self-protection product marketed for civilian 
use, including but not necessarily limited to products containing 
phenylchloromethylketone (a.k.a. chloroacetophenone or CN), 
orthochlorobenzalnalononitrile (CS) or oleoresin capsicum (OC).
    D. For purposes of this Order, ``distributor'' shall mean any 
person or entity that, since January 1, 1991, has made at least one 
purchase from respondents of 12 or more units of MACE or of fewer units 
of MACE for which total purchase price exceeded $100.00.
I
    It is ordered That respondents MACE Security International, Inc., a 
corporation, its successors and assigns, and its officers and 
directors; Personal Security, Inc., a corporation, its successors and 
assigns, and its officers and directors; Jon E. Goodrich, individually 
and as an officer and director of MACE Security International, Inc. and 
Personal Security, Inc.; Robert P. Gould, individually and as an 
officer and director of MACE Security International, Inc. and Personal 
Security, Inc.; and James Kardas, individually and as an officer and 
director of Personal Security, Inc.; and respondents' 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, 
sale, or distribution of MACE or any chemical self-protection product, 
in or affecting commerce, as ``commerce'' is defined in the Federal 
Trade Commission Act, do forthwith cease and desist from representing, 
in any manner, directly or by implication, that:
    A. One or more sprays of such product will stop an assailant;
    B. Any contact with the upper torso by a spray of such product will 
stop an assailant; or
    C. Use of such product will instantly stop an assailant;

unless such representation is true and, at the time of making such 
representation, respondents possess and rely upon competent and 
reliable evidence, which when appropriate must be competent and 
reliable scientific evidence, that substantiates such representation.
II
    It is further ordered, That respondents MACE Security 
International, Inc., a corporation, its successors and assigns, and its 
officers and directors; Personal Security, Inc., a corporation, its 
successors and assigns, and its officers and directors; Jon E. 
Goodrich, individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; Robert P. Gould, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; and James Kardas, 
individually and as an officer and director of Personal Security, Inc.; 
and respondents' 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, sale, or distribution of MACE or any chemical self-
protection product, in or affecting commerce, as ``commerce'' is 
defined in the Federal Trade Commission Act, do forthwith cease and 
desist from representing, in any manner, directly or by implication, 
that:
    A. One or more sprays of such product will keep an assailant 
incapacitated for up to or about 20 minutes or any other period of 
time;
    B. The effectiveness of such product for civilian self-protection 
has been proven in use by police forces;
    C. Four out of five or any other number of police officers in the 
United States carry such product; or
    D. Over 4000 police departments or any other number of police 
departments in the United States use such product for protection 
against assault;

unless at the time of making such representation, respondents possess 
and rely upon competent and reliable evidence, which when appropriate 
must be competent and reliable scientific evidence, that substantiates 
such representation.
III
    It is further ordered, That respondents MACE Security 
International, Inc., a corporation, its successors and assigns, and its 
officers and directors; Personal Security, Inc., a corporation, its 
successors and assigns, and its officers and directors; Jon E. 
Goodrich, individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; Robert P. Gould, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; and James Kardas, 
individually and as an officer and director of Personal Security, Inc.; 
and respondents' 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, sale, or distribution of MACE or any chemical self-
protection product, in or affecting commerce, as ``commerce'' is 
defined in the Federal Trade Commission Act, do forthwith cease and 
desist from representing, in any manner, directly or by implication, 
the relative or absolute efficacy, benefits, usage, performance, or 
attributes of MACE or any chemical self-protection product, unless at 
the time of making such representation, respondents possess and rely 
upon competent and reliable evidence, which when appropriate must be 
competent and reliable scientific evidence, that substantiates such 
representation.
IV
    It is further ordered, That respondents MACE Security 
International, Inc., a corporation, its successors and assigns, and its 
officers and directors; Personal Security, Inc., a corporation, its 
successors and assigns, and its officers and directors; Jon E. 
Goodrich, individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; Robert P. Gould, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; and James Kardas, 
individually and as an officer and director of Personal Security, Inc.; 
and respondents' 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, sale, or distribution of MACE or any substantially 
similar product, in or affecting commerce, as ``commerce'' is defined 
in the Federal Trade Commission Act, do forthwith cease and desist from 
representing, in any manner, directly or by implication, the 
effectiveness of MACE or any substantially similar product unless 
respondents disclose in each advertisement in which the representation 
is made, clearly and prominently, the following statement:
    A. In a print advertisement:

    CAUTION: MACE MAY NOT BE EFFECTIVE AGAINST ARMED ASSAILANTS. 
MACE may take several seconds to work and may not work on enraged, 
drugged, or intoxicated people.

    B. In a television, cablecast, videotape, or radio advertisement:

    CAUTION: MACE MAY NOT BE EFFECTIVE AGAINST ARMED ASSAILANTS AND 
ENRAGED, DRUGGED, OR INTOXICATED PEOPLE.

    Nothing contrary to, inconsistent with, or in mitigation of the 
above disclosures shall be used in any advertisement in any medium.
    For purposes of this Order, ``clearly and prominently'' as used 
herein shall mean as follows:
    (a) In a television, cablecast, and videotape release, the 
disclosure shall be presented simultaneously in both the audio and 
video portions of the advertisement. The audio disclosure shall be 
delivered in a volume and cadence and for a duration sufficient for an 
ordinary consumer to hear and comprehend it. The video disclosure shall 
be of a size and shade, and shall appear on the screen for a duration 
sufficient for an ordinary consumer to read and comprehend it.
    (b) In a print advertisement, the above disclosure shall be printed 
in a typeface and color that are clear and prominent and in close 
proximity to the representation that triggers the disclosure.
    (c) In a radio advertisement, the disclosure shall be delivered in 
a volume and cadence and for a duration sufficient for an ordinary 
consumer to hear and comprehend it.
V
    It is further ordered, That respondents MACE Security 
International, Inc., a corporation, its successors and assigns, and its 
officers and directors; Personal Security, Inc., a corporation its 
successors and assigns, and its officers and directors; Jon E. 
Goodrich, individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; Robert P. Gould, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; and James Kardas, 
individually and as an officer and director of Personal Security, Inc.; 
and respondents' 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, sale, or distribution of MACE or any substantially 
similar product, in or affecting commerce, as ``commerce'' is defined 
in the Federal Trade Commission Act, shall disclose the following 
statement on a product insert enclosed in each product package:

    Caution: MACE MAY NOT BE EFFECTIVE AGAINST ARMED ASSAILANTS. 
MACE may take several seconds to work and may not work on enraged, 
drugged, or intoxicated people.

    On the product insert, the disclosure shall be printed in a 
typeface and color that are clear and prominent and shall appear before 
all written text, other than the name of the product or product 
slogans.
    It is provided, however, It will not be considered a violation of 
this Order Provision V for respondents to use, until May 8, 1994, the 
product insert identified as Exhibit 1 of this Order (the ``in-print 
inset'') in satisfaction of the product insert disclosure obligation 
specified in this Order Provision V, provided that:
    (1) The in-print inserts were printed prior to November 8, 1993;
    (2) The text, ``You have purchased a MACE unit which contains the 
same formulation that has been proven in over twenty years of use by 
police departments. In fact, it has been chosen by more police 
departments than all other tear gas aerosols combined,'' shall be 
blacked out or otherwise rendered completely illegible; and
    (3) The text, ``Do not use your MACE unit on an assailant who 
appears to be armed. Even though it may take only a few seconds for the 
MACE formulation to take effect, an armed assailant might use his 
weapon during those few seconds,'' shall be highlighted in yellow to 
increase its prominence.
VI
    It is further ordered, That respondents MACE Security 
International, Inc., a corporation, its successors and assigns, and its 
officers and directors; Personal Security, Inc., a corporation, its 
successors and assigns, and its officers and directors; Jon E. 
Goodrich, individually and as an officer and director of MACE Security 
International, Inc. and Personal Security Inc.; Robert P. Gould, 
individually and as an officer and director of MACE Security 
International, Inc. and Personal Security, Inc.; and James Kardas, 
individually and as an officer and director of Personal Security, Inc., 
shall, within thirty (30) days after the date of service of this Order:
    (1) Send, by first class certified mail, return receipt requested, 
to each distributor of MACE with which they have done business since 
January 1, 1991, a copy of appendix A of this Order; and
    (2) Send, by first class mail, to each non-distributor who 
purchased MACE from respondents since January 1, 1991, a copy of 
Appendix B of this Order.
VII
    It is further ordered, That for five (5) years after the last date 
of dissemination of any representation covered by this Order, 
respondents MACE Security International, Inc. and Personal Security, 
Inc., or their successors and assigns, shall maintain and upon request 
make available to the Federal Trade Commission for inspection and 
copying:
    A. All materials that were relied upon in disseminating such 
representation;
    B. All tests, reports, studies, surveys, demonstrations or other 
evidence in their possession or control that contradict, qualify, or 
call into question such representation, or the basis relied upon for 
such representation, including complaints from consumers; and
    C. All return receipts required by Order Provision VI.
VIII
    It is further ordered, That respondents MACE Security 
International, Inc. and Personal Security, Inc. shall notify the 
Commission at least thirty (30) days prior to the effective date of any 
proposed change in the corporate respondent such as dissolution, 
assignment, or sale resulting in the emergence of a successor 
corporation, the creation or dissolution of subsidiaries, the filing of 
a bankruptcy petition, or any other change in the corporation(s) that 
may affect compliance obligations arising out of this Order.
IX
    It is further ordered, That respondents Jon E. Goodrich, Robert P. 
Gould, and James Kardas shall, for a period of ten (10) years from the 
date of issuance of this Order, notify the Commission within thirty 
(30) days of the discontinuance of his present business or employment 
and of his affiliation with any new business or employment in the self-
protection industry. Each notice of affiliation with any new business 
or employment shall include respondent's new business address and 
telephone number, current home address, and a statement describing the 
nature of the business or employment and his duties and 
responsibilities.
X
    It is further ordered, That respondents MACE Security 
International, Inc., Personal Security, Inc., Jon E. Goodrich, Robert 
P. Gould, and James Kardas shall:
    A. Within thirty (30) days after service of this Order, provide a 
copy of this Order to each of respondents' current principals, 
officers, directors and managers, and to all personnel, agents, and 
representatives having sales, advertising, or policy responsibility 
with respect to the subject matter of this Order.
    B. For a period of ten (10) years from the date of issuance of this 
Order, provide a copy of this Order to each of respondents' principals, 
officers, directors, and managers, and to all personnel, agents, and 
representatives having sales, advertising, or policy responsibility 
with respect to the subject matter of this Order who are associated 
with respondents or any subsidiary, successor, or assign, within three 
(3) days after the person assumes his or her position.
XI
    It is further ordered, That respondents shall, within sixty (60) 
days after the date of service of this Order, file with the Commission 
a report, in writing, setting forth in detail the manner and form in 
which it has complied with this Order.

Appendix A

[To Be Printed On MACE Security International, Inc. Letterhead]

    Dear [name of distributor]: MACE Security International, Inc. 
(``MSI'') and Personal Security, Inc. (``PSI'') have entered into a 
consent agreement with the Federal Trade Commission (``FTC'') to 
stop making certain representations about the effectiveness of MACE 
with 1% CN and other chemical self-protection products unless the 
representations are true and adequately substantiated. The FTC 
alleged that the advertising for MACE made the following false and 
unsubstantiated representations:

    (1) That one spray of MACE will stop an assailant;
    (2) That any contact with the upper torso by a spray of MACE will 
stop an assailant; and
    (3) That use of MACE will instantly stop an assailant.
    The FTC also alleged that MSI and PSI, while making effectiveness 
claims, failed to disclose adequately that (a) it may take several 
seconds for the effects of MACE to begin, and (b) MACE may not be 
effective on many assailants including those who are armed, enraged, 
drugged, intoxicated, or otherwise desensitized.
    Finally, the FTC alleged that MSI and PSI did not possess adequate 
substantiating evidence for the following representations:
    (1) That MACE will keep an assailant incapacitated for up to or 
about 20 minutes;
    (2) That the effectiveness of MACE for civilian self-protection has 
been proven in use by police forces;
    (3) That four out of five police officers in the United States 
carry MACE; and
    (4) That over 4000 police departments in the United States use MACE 
for protection against assault.
    The products covered by this consent agreement include MACE and 
other chemical self-protection products. You were previously supplied 
with promotional materials or advertising copy that make the above 
representations. You should stop using or relying on these materials as 
the basis for your own advertising unless and until we provide you with 
adequate substantiation for the representations or provide new 
materials or advertising copy that comply with the consent agreement.

    Sincerely,
Jon E. Goodrich,
President, MACE Security International, Inc. and Personal Security, 
Inc.

Appendix B

[To Be Printed On MACE Security International, Inc. Letterhead]

    Dear Consumer: Our records indicate that you purchased MACE 
chemical self-protection spray from our company. This is to advise 
you that MACE Security International, Inc. (``MSI'') and Personal 
Security, Inc. (``PSI'') have entered into a consent agreement with 
the Federal Trade Commission (``FTC'') to stop making certain 
representations about the effectiveness of MACE with 1% CN and other 
chemical self-protection products unless the representations are 
true and adequately substantiated. The FTC alleged that the 
advertising for MACE made the following false and unsubstantiated 
representations:

    (1) That one spray of MACE will stop an assailant;
    (2) That any contact with the upper torso by a spray of MACE will 
stop an assailant; and
    (3) That use of MACE will instantly stop an assailant.
    The FTC also alleged that MSI and PSI, while making effectiveness 
claims, failed to disclose adequately that 1) it may take several 
seconds for the effects of MACE to begin, and 2) MACE may not be 
effective on many assailants including those who are armed, enraged, 
drugged, intoxicated, or otherwise desensitized.
    Finally, the FTC alleged that MSI and PSI did not possess adequate 
substantiating evidence for the following representations:
    (1) That MACE will keep an assailant incapacitated for up to or 
about 20 minutes;
    (2) That the effectiveness of MACE for civilian self-protection has 
been proven in use by police forces;
    (3) That four out of five police officers in the United States 
carry MACE; and
    (4) That over 4000 police departments in the United States use MACE 
for protection against assault.
    The products covered by this consent agreement include MACE and 
other chemical self-protection products. We advise that you limit your 
use of MACE in accordance with these restrictions:
    (1) MACE may not be effective against armed assailants.
    (2) MACE may take several seconds to work.
    (3) MACE may not work on enraged, drugged, or intoxicated 
assailants.

    Sincerely,
Jon E. Goodrich,
President, MACE Security International, Inc. and Personal Security, 
Inc.

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted an agreement to a 
proposed consent order from MACE Security International, Inc. 
(``MSI''), Personal Security, Inc. (``PSI''), Jon E. Goodrich, Robert 
P. Gould, and James Kardas. Proposed respondents are marketers of self-
defense products, and their MACE brand self-protection spray that 
contains 1% phenylchloromethylketone (CN) was the subject of this 
investigation.
    The proposed consent order has been placed on the public record for 
sixty (60) days for the 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 or make final the agreement's proposed order.
    The Commission's complaint charges that the proposed respondents 
made the following false and unsubstantiated representations about MACE 
with 1% CN:
    (1) That one spray of MACE will stop an assailant;
    (2) That any contact with the upper torso by a spray of MACE will 
stop an assailant; and
    (3) That use of MACE will instantly stop an assailant.
    The proposed consent order prohibits proposed respondents from 
making such efficacy claims unless the claims are true and respondents 
possess and rely upon competent and reliable evidence. (Part I).
    The Commission also alleged that proposed respondents did not 
possess adequate substantiating evidence for the following 
representations at the time they made the representations:
    (1) That MACE will keep an assailant incapacitated for up to or 
about 20 minutes;
    (2) That the effectiveness of MACE for civilian self-protection has 
been proven in use by police forces;
    (3) That four out of five police officers in the United States 
carry MACE; and
    (4) That over 4000 police departments in the United States use MACE 
for protection against assault.
    The proposed consent order prohibits proposed respondents from 
making such claims unless they possess and rely upon competent and 
reliable evidence. (Part II). Similarly, the proposed consent order 
prohibits claims about the relative or absolute efficacy, benefits, 
usage, performance, or other attributes of MACE or any chemical self-
protection product, unless proposed respondents possess and rely upon 
competent and reliable evidence. (Part III).
    Further, the Commission alleged that proposed respondents, while 
making effectiveness claims, failed to disclose adequately that (1) it 
may take several seconds for the effects of MACE to begin, and (2) MACE 
may not be effective on many assailants including those who are armed, 
enraged, drugged, intoxicated, or otherwise desensitized.
    The proposed consent order seeks to address the alleged failure to 
adequately disclose these limitations in three ways. First, the 
proposed order prohibits proposed respondents from making claims about 
the effectiveness of MACE or any substantially similar product unless 
the following statement is disclosed clearly and prominently in print 
advertisements:

    CAUTION: MACE MAY NOT BE EFFECTIVE AGAINST ARMED ASSAILANTS. 
MACE may take several seconds to work and may not work on enraged, 
drugged, or intoxicated people.

    A similar but shorter disclosure is required for television, 
cablecast, videotape, or radio advertisements. (Part IV).
    Second, the proposed order requires that a product insert provide 
the same cautionary language. Proposed respondents will be permitted to 
continue to use for a limited time certain previously printed product 
materials. (Part V).
    Third, the proposed order requires that proposed respondents send 
certain past purchasers written notice of the terms of the proposed 
order. (Part VI).
    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.
Donald S. Clark,
Secretary.
[FR Doc. 94-1371 Filed 1-19-94; 8:45 am]
BILLING CODE 6750-01-M