[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Notices]
[Pages 67372-67373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33575]


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FEDERAL TRADE COMMISSION

[File No. 962-3154]


Honeywell Inc.; Analysis to Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

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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 February 23, 1998.

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: Linda K. Badger, Federal Trade 
Commission, San Francisco Regional Office, 901 Market Street, Suite 
570, San Francisco, CA 94103. (415) 356-5270.
    Kerry O'Brien, Federal Trade Commission, San Francisco Regional 
Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415) 
356-5270.

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 
Commission Actions section of the FTC Home Page (for December 17, 
1997), on the World Wide Web, at ``http://www.ftc.gov/os/
actions97.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 Honeywell 
Inc. (``Honeywell'') a Delaware 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.
    Honeywell manufacturers and markets various types of air cleaning 
products, including a line of portable, room air cleaners. These 
``Honeywell Air Purifiers'' include an ``enviracaire True 
HEPA filter.'' The Commission's complaint charges that respondent's 
advertising for the Honeywell Air Purifier included unsubstantiated 
claims of efficacy and allergy relief. Specifically, the complaint 
alleges that the respondent did not possess adequate

[[Page 67373]]

substantiation for claims that: (1) The filter in a Honeywell Air 
Purifier removes 99.97% of mold spores, dust mite allergens, bacteria 
and viruses from the air that people breathe under household living 
conditions; (2) The filter in a Honeywell Air Purifier removes nearly 
all or 99.97% of impurities from the air that people breathe under 
household living conditions; (3) Consumers who use a Honeywell Air 
Purifier that changes the air in a room six or more times per hour will 
experience noticeable symptom relief from allergies and other 
respiratory problems; and (4) Honeywell Air Purifiers provide proven 
relief from allergy symptoms.
    According to the proposed complaint, the 99.97% figure used in 
Honeywell's advertisement refers to the filter's expected efficiency in 
removing particles that actually pass through the filter. While the 
filter's efficiency is a factor in assessing the effectiveness of an 
air purifier in particulate removal, this figure overstates the actual 
effectiveness of the air purifier in removing pollutants from the air 
in a user's environment. The actual effectiveness of an air purifier, 
according to the proposed complaint, depends on a variety of factors 
including, the amount of air that the air purifier processes, the 
nature of the pollutant, and the rate at which the pollutant is being 
introduced into the environment.
    Additionally, with respect to the allergy relief claims made by 
Honeywell, the proposed complaint states that there is no guarantee 
that an individual who suffers from allergies or other respiratory 
problems will derive a discernible reduction in symptoms through the 
use of these or other air purifiers. Whether individuals will derive 
such relief depends on many variables including, the source and 
severity of their allergies, whether the allergens at issue tend to 
remain airborne, the rate at which the allergens are emitted into their 
homes or offices, and other environmental factors.
    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 Honeywell from making 
certain efficacy claims about Honeywell Air Purifiers, 
enviracaire True HEPA filters, or any other air cleaning 
product which is normally used for personal, family, or household 
purposes, unless at the time of making the claims it possesses and 
relies upon competent and reliable scientific evidence. Furthermore, 
claims that state or imply a level of performance under any set of 
conditions, such as household loving conditions, must be substantiated 
by evidence that either relates to such conditions or that was 
extrapolated to such conditions by generally accepted procedures. The 
specific claims covered by Part I include any representation: (1) about 
such products's ability to eliminate, remove, clear, or clean any 
quantity of indoor air contaminants under household living conditions; 
and (2) that such product will perform under any set of conditions, 
including household living conditions.
    Part II of the proposed consent order includes fencing-in relief, 
requiring that Honeywell possess competent and reliable evidence, which 
when appropriate must be competent and reliable scientific evidence, 
for any claim about the performance, health or other benefits, or 
efficacy of any air cleaning product which is normally used for 
personal, family, or household purposes.
    The proposed order also requires that 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. 97-33575 Filed 12-23-97; 8:45 am]
BILLING CODE 6750-01-M