[Federal Register Volume 64, Number 198 (Thursday, October 14, 1999)]
[Notices]
[Pages 55730-55731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26844]


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FEDERAL TRADE COMMISSION

[File No. 982 3046]


Conopco, 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

[[Page 55731]]

consent order--embodied in the consent agreement--that would settle 
these allegations.

DATES: Comments must be received on or before December 13, 1999.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, 
Room 159, 600 Pennsylvania Ave., NW, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Linda Badger, Kerry O'Brien or Matthew 
Gold, Federal Trade Commission, Western Regional Office, 901 Market 
St., 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 complaint. An electronic copy of the full text of 
the consent agreement package can be obtained from the FTC Home Page 
(for September 15, 1999), on the World Wide Web, at ``htt;://
www.ftc.gov/os/actions97.htm.'' A paper copy can be obtained from the 
FTC Public Reference Room, Room H-130, 600 Pennsylvania Avenue, NW, 
Washington, DC 20580, either in person or by calling (202) 326-3627.
    Public comment is invited. Comments should be directed to: FTC/
Office of the Secretary, Room 159, 600 Pennsylvania Ave., NW, 
Washington, DC 20580. Two paper copies of each comment should be filed, 
and should be accompanied, if possible, by a 3\1/2\ inch diskette 
containing an electronic copy of the comment. 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 Conopco, Inc. 
(``Conopco''). Through its numerous divisions, such as Unilever Home & 
Personal Care USA, Conopco manufactures and markets a large line of 
home and personal care products.
    The proposed consent order has been placed on the public record for 
sixty (60) days for the 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 any 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.
    This matter has focused on Conopco's advertisements for Vaseline 
Brand Intensive Care Antibacterial Hand Lotion (``VOCAL''). The 
Commission's complaint challenges claims made in television, print, and 
product label advertisements. Specifically, the complaint alleges that 
Conopco lacked substantiation for its claims that VICAL: (1) Stops 
germs on hands longer than washing alone; (2) Provides continuous 
protection from germs for hours; and (3) Is effective against disease-
causing germs, such as cold and flu viruses. According to the 
complaint, while VICAL can reduce the number of germs on a user's 
hands, the degree and duration of germ protection have not been 
scientifically established. Also, according to the complaint, VICAL has 
not been proven effective against many disease-causing germs, including 
cold and flu viruses, which are the cause of the most common diseases 
suffered by consumers.
    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 require that Conopco possess and rely upon competent and reliable 
scientific evidence for any claim that VICAL or any other antimicrobial 
product: (1) Is as effective as, or is more effective than, washing 
alone in protecting users against germs; (2) has a continuous effect 
against germs; (3) has any effect on any specific germ; and (4) treats, 
cures, alleviates the symptoms of, prevents, or reduces the risk of 
developing any disease or disorder, such as colds, allergies, 
influenza, or food-borne illnesses. As set out in Part III of the 
proposed order, Part I will not apply to any product sold or 
distributed to consumers by third parties under private labeling 
agreements with Conopco provided, Conopco does not participate in any 
manner in the funding, preparation or dissemination of the product's 
advertising.
    Part II of the proposed order contains language permitting Conopco 
to make drug claims that have been approved by the FDA pursuant to 
either a new drug application or a tentative final or final standard.
    The proposed order requires Conopco 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 with duties 
affecting compliance with the terms of the order; 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, and it is not intended to constitute an official 
interpretation of the agreement and proposed order, or to modify in any 
way their terms.

    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 99-26844 Filed 10-13-99; 8:45 am]
BILLING CODE 6750-01-M