[Federal Register Volume 67, Number 49 (Wednesday, March 13, 2002)]
[Notices]
[Page 11341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5967]


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FEDERAL TRADE COMMISSION

[File No. 012 3182]


Interstate Bakeries Corp.; 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 April 8, 2002.

ADDRESSES: Comments filed in paper form should be directed to: FTC/
Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580. Comments filed in electronic form should be 
directed to: [email protected], as prescribed below.

FOR FURTHER INFORMATION CONTACT: Mary Engle or Richard Kelly, Bureau of 
Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 
20580, (202) 326-3161 or 326-3304.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), 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 thirty (30) 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 March 6, 2002), on the World Wide Web, at http://www.ftc.gov/os/2002/03/index.htm. A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, 
DC 20580, either in person or by calling (202) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. Comments filed in paper form should 
be directed to: FTC/Office of the Secretary, Room 159-H, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. If a comment contains 
nonpublic information, it must be filed in paper form, and the first 
page of the document must be clearly labeled ``confidential.'' Comments 
that do not contain any nonpublic information may instead be filed in 
electronic form (in ASCII format, WordPerfect, or Microsoft Word) as 
part of or as an attachment to email messages directed to the following 
email box: [email protected]. Such comments 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 Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from Interstate 
Bakeries Corporation (IBC).
    The proposed consent order has been placed on the public record for 
thirty (30) days for receipt of comments by interested persons. 
Comments received during this period will become part of the public 
record. After thirty (30) days, the Commission will again review the 
agreement and the comments received, and will decide whether it should 
withdraw from the agreement or make final the agreement's proposed 
order.
    This matter involves allegedly unsubstantiated representations made 
on television and in Internet advertising about the effects of the 
calcium in Wonder Bread on children's memory and brain function. 
According to the FTC complaint, IBC made unsubstantiated claims that as 
a good source of calcium, Wonder Bread helps children's minds work 
better and helps children remember things.
    The proposed consent order contains provisions designed to prevent 
IBC from engaging in similar acts and practices in the future. Part I 
of the proposed order prohibits IBC from making any unsubstantiated 
claim (a claim lacking competent and reliable scientific evidence) that 
as a good source of calcium, Wonder Bread helps children's minds work 
better, or as a good source of calcium, Wonder Bread helps children 
remember things.
    Part II of the order requires IBC to have competent and reliable 
scientific evidence for any claim that any of its breads, bread 
products, rolls or muffins or any of their ingredients, helps brain 
function or memory, or can treat, cure or prevent any disease or 
related health condition. Part II also provides that a mere statement 
that a product contains a particular vitamin or mineral will not, 
without more, be considered for purposes of this order a representation 
that the product can treat, cure or prevent any disease or related 
health condition.
    Part IV of the order states that the order does not apply to any 
label or labeling printed before the order is served on IBC and shipped 
by IBC's bakeries to distributors or retailers within nine months after 
the order is issued.
    Part III of the order notes that this order does not prohibit IBC 
from making any claim that is specifically permitted in labeling 
pursuant to the Nutrition Labeling and Education Act of 1990. Parts V 
through VIII of the order require IBC to keep copies of relevant 
advertisements and materials substantiating claims made in the 
advertisements, to provide copies of the order to certain of its 
personnel, to notify the Commission of changes in corporate structure, 
and to file a compliance report with the Commission. Part IX provides 
that the order will terminate after twenty (20) years under certain 
circumstances.
    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, Commissioner Anthony recused.
Donald S. Clark,
Secretary.
[FR Doc. 02-5967 Filed 3-12-02; 8:45 am]
BILLING CODE 6750-01-P