[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Notices]
[Pages 5417-5418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2811]


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FEDERAL TRADE COMMISSION
[File No. 952-3041]


Nationwide Syndications, Inc.; Thomas W. Karon; 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 
Barrington, Illinois-based company and its president from 
misrepresenting that its NightSafe Glasses make driving at night safer, 
and from using the name ``NightSafe,'' or any other name that would 
imply that such a product makes night driving safe or safer. Nationwide 
and Karon also agreed to pay $125,000 in consumer redress, and to 
provide the Commission with the names of consumers who purchased 
NightSafe glasses, so the Commission may provide them with a notice 
that wearing NightSafe glasses while driving at night may, in fact, be 
unsafe. The complaint accompanying the consent agreement alleges that 
Nationwide and Karon made false and unsubstantiated claims regarding 
the benefits of NightSafe Glasses, which purportedly make night driving 
safer by improving night vision.

DATES: Comments must be received on or before April 7, 1997.

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: C. Steven Baker, Federal Trade 
Commission, Chicago Regional Office, 55 East Monroe St., Suite 1860, 
Chicago, IL 60603. (312) 353-8156. Karen D. Dodge, Federal Trade 
Commission, Chicago Regional Office, 55 East Monroe St., Suite 1860, 
Chicago, IL 60603. (312) 353-8156.

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 January 24, 1997), 
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 the Proposed Consent Order to Aid Public Comment

    The Federal Trade Commission has accepted an agreement to a 
proposed

[[Page 5418]]

consent order from Nationwide Syndications, Inc., a corporation, and 
Thomas W. Karon, individually and as an officer of Nationwide 
Syndications, Inc.
    The proposed consent order has been placed on the public record for 
sixty (60) days for receipt 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 
proposed order contained in the agreement.
    This matter concerns the proposed respondents' advertisements for 
NightSafe Glasses. The Commission's proposed complaint alleges that the 
advertisements expressly or impliedly claim that NightSafe Glasses will 
make night driving safer, improve night vision, and that laboratory 
tests prove that NightSafe Glasses improve night vision. These claims 
are alleged to violate section 5 of the Federal Trade Commission Act, 
15 U.S.C. 45, because they are false and the proposed respondents did 
not possess adequate substantiation for the claims at the time they 
were made.
    Part I of the proposed consent order prohibits the proposed 
respondents from representing, directly or by implication, that 
NightSafe Glasses or any substantially similar product, makes night 
driving safe or safer or improves night vision. Part II of the proposed 
order prohibits proposed respondents from representing, directly or by 
implication, the efficacy, performance, safety, or benefits of 
NightSafe Glasses or any substantially similar product, unless such 
representation is true and, at the time of making such representation, 
respondents possess and rely upon competent and reliable scientific 
evidence. Part III of the proposed order prohibits the proposed 
respondents from representing, directly or by implication, the 
existence, contents, validity, results, conclusions, or interpretations 
of any test or study. Part IV of the proposed order prohibits the 
proposed respondents from using the name ``NightSafe,'' or any other 
name, in a manner that represents, directly or by implication, that 
such product makes night driving safe or safer. Part V of the proposed 
order requires the proposed respondents to pay $125,000 for consumer 
redress. Part VI of the proposed order requires the respondents to 
provide to the Commission the names and addresses of all of the 
purchasers of NightSafe Glasses whose names and addresses are in the 
possession of or can reasonably be obtained from the agents involved in 
fulfilling orders on behalf of Nationwide Syndications, Inc., and 
permits the Commission to provide the purchasers of NightSafe Glasses 
with safety information contained in an appendix to the proposed order.
    The remaining parts of the consent order require proposed 
respondents to maintain all materials relied upon in disseminating any 
representation covered by the proposed consent order, to deliver a copy 
of the proposed order to all current and future officers, agents, 
representatives, and employees who are engaged in the preparation or 
placement of advertisements, promotional materials, product labels or 
other such sales materials covered by the proposed consent order, to 
notify the Commission of any changes in the structure of the proposed 
corporate respondents or the employment of the proposed individual 
respondent, for each proposed respondent to file a written report with 
the Commission setting forth in detail how it complied with the order, 
and for the order to terminate twenty years from the date of its 
issuance, absent the filing of a complaint or consent decree alleging 
that the order has been violated.
    The purpose of this analysis is to facilitate public comment of the 
proposed order. 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. 97-2811 Filed 2-4-97; 8:45 am]
BILLING CODE 6750-01-P