[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