[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Notices]
[Pages 6748-6750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3163]


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FEDERAL TRADE COMMISSION

[Docket No. 9303]


Lentek International, Inc., et al.; 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 complaint 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 March 5, 2003.

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: Elena Paoli or Carol Jennings, FTC,

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Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580, (202) 326-2974 or (202) 326-3010.

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  3.25(f) 
of the Commission's Rules of Practice, 16 CFR 3.25(f), 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 February 4, 2003), on the World Wide Web, at http://www.ftc.gov/os/2003/02/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 e-mail messages directed to the 
following e-mail 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 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, subject to final 
approval, an agreement to a proposed consent order by respondents 
Lentek International, Inc., Joseph Durek, individually, and Lou 
Lentine, individually and as an officer of the corporation.
    The proposed consent order has been placed on the public record for 
thirty (30) days for reception 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 and take other appropriate action or make 
final the agreement's proposed order.
    This matter concerns practices related to the advertising, offering 
for sale, sale, and distribution of various air cleaning products and 
ultrasonic/electromagnetic pest control devices. The Commission's 
complaint charged that respondents violated the Federal Trade 
Commission Act, 15 U.S.C. 41 et seq., by making numerous 
representations that were false and/or for which they lacked a 
reasonable basis of substantiation. These representations concerned the 
following: the ability of Lentek's Sila Air Cleaning Products to 
eliminate various pollutants from indoor air; the health benefits of 
using the Sila Air Cleaning Products; the ability of Lentek's 
PestContro products to repel or eliminate various animal or insect 
pests from a user's home or outdoor space; the ability of various 
PestContro products to eliminate animal or insect pests within a space 
of a given size; the ability of the electromagnetic devices to drive 
away pests by altering the electromagnetic field inside the walls and 
wiring of a home; the ability of Lentek's MosquitoContro Products to 
repel mosquitoes from a user's body; and that the MosquitoContro 
Products are an effective alternative to the use of chemical pesticides 
or other products formulated to kill or repel mosquitoes in the 
prevention of West Nile Virus.
    Part I of the proposed order prohibits any representation that any 
air cleaning product will eliminate, remove, clear, clean, neutralize, 
sanitize, oxidize, control, or reduce any indoor air pollutant, or that 
use of such product will prevent, reduce the incidence of, or provide 
relief from any medical or health-related condition, unless respondents 
possess competent and reliable scientific evidence that substantiates 
the representation.
    Part II of the proposed order prohibits any representation that 
PestContro products (or similar pest control products utilizing sonic, 
ultrasonic, and/or electromagnetic technology) will repel, control, or 
eliminate, temporarily or indefinitely, any rodent, insect, or other 
animal pest, or that they will do so in an area of a certain size, 
unless respondents possess competent and reliable scientific evidence 
that substantiates the representation.
    Part III of the proposed order prohibits any representation that 
PestContro products, or substantially similar products, will alter the 
electromagnetic field inside the walls or wiring of a home in a manner 
that drives away insects, rodents, and other animal pests, unless the 
representation is true and respondents possess competent and reliable 
scientific evidence that substantiates the representation.
    Part IV of the proposed order prohibits any representation that 
MosquitoContro products, or substantially similar products, will repel 
mosquitoes from a user's body, or that such products are an effective 
alternative to the use of chemical pesticides or other products 
formulated to kill or repel mosquitoes, unless the representation is 
true and respondents possess competent and reliable scientific evidence 
that substantiates the representation.
    Part V of the proposed order prohibits unsubstantiated 
representations about the benefits, performance, or efficacy of any 
product.
    Part VI of the proposed order is a record keeping provision that 
requires the respondents to maintain certain records for five (5) years 
after the last date of dissemination of any representation covered by 
the order. These records include: (1) All advertisements and 
promotional materials containing the representation; (2) all materials 
relied upon in disseminating the representation; and (3) all evidence 
in respondents' possession or control that contradicts, qualifies, or 
calls into question the representation or the basis for it.
    Part VII of the proposed order requires distribution of the order 
to current and future principals, officers, directors, and managers, 
and to current and future employees, agents, and representatives having 
responsibilities with respect to the subject matter of the order.
    Part VIII of the proposed order requires that the Commission be 
notified of any change in the corporation that might affect compliance 
obligations under the order. Part IX of the proposed order requires 
that for a period of ten (10) years, each individual respondent notify 
the Commission of the discontinuance of his current business or 
employment or of his affiliation with any new business or employment 
involving the sale of consumer products or services.
    Part X of the proposed order requires the respondents to file a 
compliance report with the Commission.
    Part XI of the proposed order states that, absent certain 
circumstance, the order will terminate twenty (20) years from the date 
it is issued.
    The purpose of this analysis is to facilitate public comment on the

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proposed consent order. It is not intended to constitute an official 
interpretation of the agreement and proposed order or to modify their 
terms in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 03-3163 Filed 2-7-03; 8:45 am]
BILLING CODE 6750-01-P