[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)] [Notices] [Pages 47669-47670] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-23979] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 962-3004] London International Group, Inc.; Analysis To Aid Public Comment agency: Federal Trade Commission. action: Proposed consent agreement. ----------------------------------------------------------------------- summary: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint that accompanies the consent agreement and the terms of the consent order--embodied in the consent agreement--that would settle these allegations. dates: Comments must be received on or before November 10, 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: Jeffrey A. Klurfeld, Federal Trade Commission, San Francisco Regional Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415) 356-5270. Linda K. Badger, Federal Trade Commission, San Francisco Regional Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415) 356-5275. Kerry O'Brien, Federal Trade Commission, San Francisco Regional Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415) 356-5289. 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 [[Page 47670]] 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 September 3, 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, 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, subject to final approval, to a proposed consent order from respondent London International Group, Inc. (``London International'') a New Jersey corporation. 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. London International manufactures and markets various brands of condoms to the public, including Ramses brand condoms. The Commission's complaint charges that respondent's advertising contained unsubstantiated comparative strength representations. Specifically, the complaint alleges that the respondent did not possess adequate substantiation for claims that: (1) Ramses brand condoms are thirty percent stronger than the leading brand; and (2) Ramses brand condoms break thirty percent less often than the leading brand. The proposed consent order contains provisions designed to remedy the violations charged and to prevent the respondent from engaging in similar acts and practices in the future. Part I of the proposed order would prohibit the respondent from making any claim about: (1) The comparative or quantifiable strength of any condom; (2) the comparative or quantifiable risk of breakage of any condom; or (3) the comparative or quantifiable efficacy of any condom, unless at the time of making the claim, it possesses and relies upon competent and reliable evidence. Part I contains a provision that would permit respondent to make any claim about condoms that is approved by the Food and Drug Administration (``FDA'') without violating the settlement. This provision, however, excludes claims that the FDA has permitted through clearing a ``premarket notification report,'' unless the clearance was based on a review and evaluation of the substantiation submitted with the report. The proposed order also requires the respondent to maintain materials relied upon to substantiate claims covered by the order; to provide a copy of the consent agreement to all employees or representatives involved in the preparation and placement of the company's advertisements, as well as to all company executives and marketing and sales managers; to notify the Commission of any changes in corporate structure that might affect compliance with the order; and to file one or more reports detailing compliance with the order. The purpose of this analysis is to facilitate public comment on 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. 97-23979 Filed 9-9-97; 8:45 am] BILLING CODE 6750-01-M