[Federal Register Volume 61, Number 242 (Monday, December 16, 1996)] [Notices] [Pages 66043-66044] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-31801] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 952-3357] Premier Products, Inc.; T.V. Products, Inc.; T.V.P. Corporation; Michael Sander; Issie Kroll; Analysis to Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. ----------------------------------------------------------------------- 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 Florham Park, New Jersey-based company from misrepresenting, with respect to any product involving the storage or preparation of food, the risk of buildup of harmful or unsafe levels of bacteria on food items defrosted, thawed, prepared, or stored using the product; the amount of time it may take to defrost, thaw, or prepare food items using the product; the process by which the product achieves any claimed defrosting, thawing, or preparation times; or the existence, contents, validity, results, conclusions, or interpretations of any test, study, or research. The agreement settles allegations stemming from advertisements for Premier's ``Miracle Thaw'' food thawing tray. DATES: Comments must be received on or before February 14, 1997. ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580. [[Page 66044]] FOR FURTHER INFORMATION CONTACT: Phoebe D. Morse, Federal Trade Commission, Boston Regional Office, 101 Merrimac Street, Suite 810, Boston, MA 02114-4719 (617) 424-5960 John T. Dugan, Federal Trade Commission, Boston Regional Office, 101 Merrimac Street, Suite 810, Boston, MA 02114-4719 (617) 424-5960 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 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 Commission Actions section of the FTC Home Page (for December 9, 1996), 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, NW., Washington, DC 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 Sec. 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 Premier Products, Inc., T.V. Products, Inc., T.V.P. Corporation, Michael Sander, and Issie Kroll. The proposed respondents are marketers of a food thawing tray known as ``Miracle Thaw.'' 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 and take other appropriate action 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 Miracle Thaw: (1) Laboratory testing proves that food items defrosted or thawed on Miracle Thaw will not develop harmful or unsafe levels of bacteria; (2) there is no risk of buildup of harmful or unsafe levels of bacteria on perishable frozen food items defrosted or thawed on Miracle Thaw; (3) Miracle Thaw will defrost or thaw particular frozen food items within specific time periods; and (4) Miracle Thaw achieves the accelerated defrosting or thawing depicted in advertisements because it is a superconductive metal tray that transfers heat energy from the air into frozen food items, thereby speeding up the natural defrosting or thawing process. The complaint further charges that the proposed respondents represented that Miracle Thaw is effective, useful, or appropriate for defrosting or thawing frozen food items, but failed to disclose that defrosting or thawing perishable food on Miracle Thaw may pose a risk of buildup of harmful or unsafe bacteria on the food. The proposed consent order contains provisions designed to remedy the violations charged and to prevent proposed respondents from engaging in similar acts in the future. Part I of the proposed order, in connection with any product involving the preparation or storage of food, prohibits the proposed respondents from misrepresenting: (1) The existence, contents, validity, results, conclusions or interpretations of any test, study, or research; (2) the risk of buildup of harmful or unsafe levels of bacteria on food items defrosted, thawed, prepared, or stored using such product; (3) the amount of time it may take to defrost, thaw, or prepare food items using such product; or (4) the process by which such product achieves any claimed defrosting, thawing, or preparation times. Part II, in connection with any product for use in the preparation or storage of food, prohibits any representation about the benefits, performance, efficacy, or safety of such product, unless proposed respondents possess and rely upon competent and reliable evidence, which when appropriate must be competent and reliable scientific evidence, that substantiates the representation. Part III of the proposed order, in connection with Miracle Thaw or any substantially similar product, prohibits any representation about the effectiveness, usefulness, or appropriateness of such product for defrosting or thawing frozen food items, unless proposed respondents also make certain specified disclosures in advertisements, on product packages, and in product inserts warning of the potential risk of harmful or unsafe bacteria buildup associated with use of the product. The proposed order (Part IV) contains record keeping requirements for materials that substantiate, qualify, or contradict covered claims and requires the proposed respondents to keep and maintain all advertisements and promotional materials containing any representation covered by the proposed order. In addition, the proposed order (Part V) requires distribution of a copy of the consent decree to past, present, and future purchasers for resale (such as wholesalers or retailers) and licensees of Miracle Thaw or any substantially similar product. Part V also requires that the proposed respondents provide warnings to and eventually terminate their business relationship with a purchaser for resale or licensee about whom the proposed respondents receive evidence that such purchaser for resale or licensee is making claims prohibited by the order or failing to disclose information required by the order. Further, the proposed order (Part VI) requires distribution of a copy of the consent decree to current and future officers and agents. Part VII provides for Commission notification upon a change in the corporate respondents and Commission notification when each of the individual respondents changes his present business or employment (Part VIII). The proposed order also requires the filing of compliance report(s) (Part IX). Finally, Part X provides for the termination of the order after twenty years under certain circumstances. 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. 96-31801 Filed 12-13-96; 8:45 am] BILLING CODE 6750-01-P