[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35433-35434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12042]


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FEDERAL TRADE COMMISSION

[File No. 042 3154]


Tropicana Products, Inc.; Analysis of Agreement Containing 
Consent Order 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 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 July 1, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Tropicana Products, Inc., File No. 042 
3154,'' to facilitate the organization of comments. A comment filed in 
paper form should include this reference both in the text and on the 
envelope, and should be mailed or delivered to the following address: 
Federal Trade Commission/Office of the Secretary, Room 159-H, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. Comments containing 
confidential material must be filed in paper form, must be clearly 
labeled ``Confidential,'' and must comply with Commission Rule 4.9(c). 
16 CFR 4.9(c) (2005).\1\ The FTC is requesting that any comment filed 
in paper form be sent by courier or overnight service, if possible, 
because U.S. postal mail in the Washington area and at the Commission 
is subject to delay due to heightened security precautions. Comments 
that do not contain any nonpublic information may instead be filed in 
electronic form as part of or as an attachment to e-mail messages 
directed to the following e-mail box: [email protected].
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    \1\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
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    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments, whether filed 
in paper or electronic form, will be considered by the Commission, and 
will be available to the public on the FTC Web site, to the extent 
practicable, at http:www.ftc.gov. As a matter of discretion, the FTC 
makes every effort to remove home contact information for individuals 
from the public comments it receives before placing those comments on 
the FTC Web site. More information, including routine uses permitted by 
the Privacy Act, may be found in the FTC's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Michelle Rusk, (202) 326-3148, or 
Karen Muoio, (202) 326-2491, Bureau of Consumer Protection, 600 
Pennsylvania Avenue, NW., Washington, DC 20580.

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 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 June 2, 2005), on the World Wide Web, at http://www.ftc.gov/os/2005/06/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. All comments should be filed as 
prescribed in the ADDRESSES section above, and must be received on or 
before the date specified in the DATES section.

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from Tropicana 
Products, Inc.
    The proposed consent order has been placed on the public record for 
thirty

[[Page 35434]]

(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 the advertising and promotion of Tropicana's 
``Healthy Heart'' orange juice. According to the FTC complaint, 
Tropicana represented that (1) drinking three glasses of ``Healthy 
Heart'' a day for one month will raise good cholesterol by twenty-one 
percent and improve the ratio of good to bad cholesterol by sixteen 
percent; (2) drinking twenty ounces of ``Healthy Heart'' a day for one 
month will increase blood folate levels by forty-five percent and 
decrease homocysteine levels by eleven percent; and (3) drinking two 
glasses of orange juice a day for eight weeks will lower blood pressure 
an average of ten points. The complaint alleges that these claims are 
unsubstantiated. Tropicana also represented that the above three claims 
were clinically proven. The complaint alleges that this claim is false. 
Although Tropicana refers to three studies in its advertising, the 
studies are limited and do not support the claims made. The proposed 
consent order contains provisions designed to prevent Tropicana from 
engaging in similar acts and practices in the future.
    Part I of the order requires Tropicana to possess competent and 
reliable scientific evidence before making the three challenged 
efficacy claims.
    Part II requires Tropicana to possess competent and reliable 
scientific evidence before making certain representations that any food 
will affect: any biological marker or health-related endpoint by any 
specific amount; blood cholesterol levels, blood folate levels, blood 
homocysteine levels, or blood pressure; or the risk of developing heart 
disease, stroke, or cancer. Furthermore, Part II provides that a mere 
statement that a product contains a particular nutrient will not, by 
itself, be considered to be a health benefit claim covered by Part II.
    Part III of the proposed order prohibits Tropicana from 
misrepresenting the existence, contents, validity, results, 
conclusions, or interpretations of any test or study.
    Part IV permits any representation for any product that is 
permitted in labeling for such product pursuant to regulations 
promulgated by FDA pursuant to the Nutrition Labeling and Education Act 
of 1990.
    Parts V through VIII of the order require Tropicana to keep copies 
of relevant advertisements and materials substantiating claims made in 
the advertisements; to provide copies of the order to certain of its 
current and future personnel for three years; to notify the Commission 
of changes in corporate structure; and to file compliance reports 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.
Donald S. Clark,
Secretary.
[FR Doc. 05-12042 Filed 6-17-05; 8:45 am]
BILLING CODE 6750-01-P