[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Notices]
[Pages 58561-58562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29266]
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FEDERAL TRADE COMMISSION
[File No. 912-3336]
Conopco, Inc.; Van Den Bergh Foods Company; 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 or deceptive acts or practices and unfair methods of
competition, this consent agreement, accepted subject to final
Commission approval, would prohibit, among other things, the New York
City-based manufacturer of margins and spreads from making
unsubstantiated or false health or nutrient content claims for any of
the margarine and butter products it markets. In addition, in any
advertisement including a ``no cholesterol'' claim for a margarine or
spread that contains a significant amount of fat, Conopco has agreed to
clearly state the total fat content. The agreement settles Commission
allegations stemming from Conopco's national advertising campaign for
Promise margarine that focused on consumers' heart health concerns.
DATES: Comments must be received on or before January 14, 1997.
ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,
Room 159, 6th St. and Pa. Ave., N.W., Washington, D.C. 20580.
FOR FURTHER INFORMATION CONTACT: Anne V. Maher, Federal Trade
Commission, S-4002, 6th and Pennsylvania Ave, NW, Washington, DC 20580.
(202) 326-2987. Rosemary Rosso, Federal Trade Commission, S-4002, 6th
and Pennsylvania Ave, NW, Washington, DC 20580. (202) 326-2174.
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 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 sixty (60) days. The following Analysis to Aid
Public Comment describes the terms of the consent agreement, and the
allegations in the accompanying complaint. An electronic copy of the
full text of the consent agreement package can be obtained from the FTC
Home page, on the World Wide Web, at ``http://www.ftc.gov/os/actions/
htm.'' A paper copy can be obtained from the FTC Public Reference Room,
Room H-130, Sixth Street and Pennsylvania Avenue, N.W., Washington,
D.C. 20580, either in person or by calling (202) 326-3627. 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 Section 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 an agreement to a
proposed consent order from Conopco, Inc. (``Conopco''), a wholly-owned
subsidiary of Unilever United States, Inc., doing business as Van Den
Bergh Foods Company.
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.
The Commission's complaint in this matter charges Conopco with
engaging in deceptive advertising of the ``Promise'' line of margarines
and spreads, which are marketed by Van Den Bergh Foods Company, an
operating division of Conopco. The complaint challenges television and
print advertisements for Promise spread, Promise Extra Light margarine
and Promise Ultra (26%) spread (hereinafter sometimes referred to as
``Promise margarines and spreads''). According to the complaint,
television and print advertisements for Promise margarines and spreads
represented that eating these products would help reduce the risk of
heart disease. According to the complaint, at the time it made the
representation, Conopco neither possessed nor relied upon a reasonable
basis that substantiated such representation.
The complaint also alleges that advertisements for Promise
margarines and spreads represented that these foods are low in total
fat. This representation is alleged to be false and misleading. At the
time the advertisements were disseminated, Promise spread contained 9.5
grams of fat per 14 gram serving and 34 grams of fat per 50 grams,
Promise Extra Light margarine contained 5.6 grams of fat per 14 gram
serving and 20 grams of fat per 50 grams, and Promise Ultra (26%)
contained 3.64 grams of fat per 14 gram serving and 13 grams of fat per
50 grams.
The complaint also alleges that advertisements for Promise spread
represented that Promise spread is low in saturated fat. This
representation is also alleged to be false and misleading. At the time
the advertisements were disseminated, Promise spread contained 1.6
grams of saturated fat per 14 gram serving with 17 percent of calories
derived from saturated fat.
The complaint also alleges that advertisements for Promise spread
and Promise Extra Light margarine represented that Promise spread and
Promise Extra Light margarine have no dietary cholesterol. According to
the complaint, Conopco failed to adequately disclose that Promise
spread and Promise Extra Light margarine contain a significant amount
of total fat. In light of the representation that Promise spread and
Promise Extra Light margarine have no dietary cholesterol, the total
fat content of the products would be material to consumers and the
failure to adequately disclose total fat content is alleged to be
deceptive.
The consent order contains provisions designed to remedy the
violations charged and to prevent Conopco from engaging in similar
deceptive and unfair acts and practices in the future.
Part I of the order prohibits Conopco from misrepresenting that
eating Promise margarines and spreads or any other margarine or spread
will help to reduce the risk of heart disease or that any margarine or
spread has the ability to cause or contribute to any risk factor for a
disease or any health-related condition unless at the time of making
such representation Conopco possesses and relies upon a reasonable
basis consisting of competent and reliable
[[Page 58562]]
scientific evidence that substantiates the representation. Under the
order, any representation relating to the ability of any margarine or
spread to reduce the risk of heart disease or to cause or contribute to
any risk factor for a disease or any health-related condition that is
specifically permitted in labeling by regulations promulgated by the
Food and Drug Administration pursuant to the Nutrition Labeling and
Education Act of 1990 will be deemed to have a reasonable basis.
Part II of the order prohibits Conopco from misrepresenting the
existence or amount of fat, saturated fat, cholesterol or calories of
any margarine or spread. Part II also provides that if any
representation covered by this Part conveys any nutrient content claim
defined (for purposes 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.
Part IIIA of the order requires Conopco, in any advertisement or
promotional material for any margarine or spread that contains the
disclosure level of fat as set forth in final regulations concerning
cholesterol content claims as promulgated by the Food and Drug
Administration pursuant to the Nutrition Labeling and Education Act of
1990, that refers, directly or by implication, to the amount of
cholesterol in such food, to disclose clearly and prominently the total
number of grams of fat per serving. Part IIIB of the order requires
that for three years Conopco also disclose, in any advertisement or
promotional material for any margarine or spread sold under the Promise
brand name that contains the aforementioned disclosure level of fat,
the percentage of calories derived from fat or a statement that the
margarine or spread is not a ``low fat'' food.
Part IV provides that the order shall not prohibit representations
specifically permitted in labeling for any margarine or spread by
regulations promulgated by the Food and Drug Administration pursuant to
the Nutrition Labeling and Education Act of 1990.
Part V defines the terms used in the order. Part VI requires
Conopco to maintain copies of all material relating to advertisements
covered by the order and all documents relating to substantiation of
advertising claims covered by the order. Part VII requires Conopco to
notify the Commission of any changes in the corporate structure that
might affect compliance with the order. Part VIII requires Conopco to
distribute copies of the order to certain company officials and
employees and certain other representatives and agents of the company.
Part IX provides that the order will terminate after twenty years under
certain circumstances. Part X requires Conopco 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 in any
way their terms.
Donald S. Clark,
Secretary.
[FR Doc. 96-29266 Filed 11-14-96; 8:45 am]
BILLING CODE 6750-01-P