[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41911-41913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19810]


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FEDERAL TRADE COMMISSION

[File No. 082 3193]


Pure Bamboo, LLC et al.; Analysis of Proposed 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 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 September 10, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``Pure 
Bamboo, File No. 082 3193'' to facilitate the organization of comments. 
Please note that your comment -- including your name and your state -- 
will be placed on the public record of this proceeding, including on 
the publicly accessible FTC website, at (http://www.ftc.gov/os/publiccomments.shtm).
    Because comments will be made public, they should not include any 
sensitive personal information, such as an individual's Social Security 
Number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include any ``[t]rade secret or any 
commercial or financial information which is obtained from any person 
and which is privileged or confidential. . . .,'' as provided in 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and Commission Rule 
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing material for which 
confidential treatment is requested must be filed in paper form, must 
be clearly labeled ``Confidential,'' and must comply with FTC Rule 
4.9(c), 16 CFR 4.9(c).\1\
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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 FTC Rule 4.9(c), 16 CFR 
4.9(c).
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    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted by using the following weblink: (https://secure.commentworks.com/ftc-PureBamboo) and following the instructions 
on the web-based form). To ensure that the Commission considers an 
electronic comment, you must file it on the web-based form at the 
webkink: (https://secure.commentworks.com/ftc-PureBamboo). If this 
Notice appears at (http://www.regulations.gov/search/index.jsp), you 
may also file an electronic comment through that website. The 
Commission will consider all comments that regulations.gov forwards to 
it. You may also visit the FTC website at (http://www.ftc.gov/) to read 
the Notice and the news release describing it.
    A comment filed in paper form should include the ``Pure Bamboo, 
File No. 082 3193'' 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 H-135

[[Page 41912]]

(Annex D), 600 Pennsylvania Avenue, NW, Washington, DC 20580. 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.
    The Federal Trade Commission Act (``FTC Act'') and other laws the 
Commission administers permit the collection of public comments to 
consider and use in this proceeding as appropriate. The Commission will 
consider all timely and responsive public comments that it receives, 
whether filed in paper or electronic form. Comments received will be 
available to the public on the FTC website, to the extent practicable, 
at (http://www.ftc.gov/os/publiccomments.shtm). As a matter of 
discretion, the Commission makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC website. 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.shtm).

FOR FURTHER INFORMATION CONTACT: Korin Ewing or Melinda Claybaugh, 
Bureau of Consumer Protection, 600 Pennsylvania Avenue, NW, Washington, 
D.C. 20580, (202) 326-2203.

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 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 August 11, 2009), on the World Wide Web, at (http://www.ftc.gov/os/actions.shtm). A paper copy can be obtained from the FTC Public 
Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW, Washington, 
D.C. 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 (``FTC'' or ``Commission'') has 
accepted, subject to final approval, an agreement containing a consent 
order from Pure Bamboo, LLC, a limited liability company and Bruce 
Dear, individually and as the managing member of the limited liability 
company (together, ``respondents'').
    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 or make final the agreement's proposed 
order.
    This matter involves respondents' marketing and sale of textile 
fiber products purportedly made of bamboo fiber. The FTC complaint 
alleges that respondents violated Section 5(a) of the FTC Act by making 
false claims that their textile fiber products are bamboo fiber; retain 
the anti-microbial properties of the bamboo plant; are manufactured 
using an environmentally-friendly process; and will completely break 
down and return to the elements found in nature within a reasonably 
short period of time after customary disposal. The complaint alleges 
that respondents' textile fiber products are made of rayon and do not 
retain the anti-microbial properties of the bamboo plant; that their 
manufacturing process involves the use of toxic chemicals and results 
in the emission of hazardous air pollutants; and that a substantial 
majority of household waste is disposed of by methods that do not 
present conditions that would allow for respondents' textile fiber 
products to decompose into elements found in nature, within a 
reasonably short period of time. The complaint further alleges that the 
respondents failed to have substantiation for the foregoing claims.
    The complaint also alleges that the proposed respondents have 
violated the Textile Fiber Products Identification Act (``Textile 
Act'') and the Rules and Regulations promulgated thereunder (``Textile 
Rules'') by falsely and deceptively labeling and advertising their 
textile fiber products as bamboo; by advertising their products without 
including in the description of each product a statement that the 
product was made in the U.S.A., imported, or both; and by selling 
hosiery textile fiber products without affixing to the products or 
their packaging required labels detailing fiber content and other 
required information..
    The proposed consent order contains provisions designed to prevent 
respondents from engaging in similar acts and practices in the future. 
Part I.A of the proposed order prohibits respondents from representing 
that any textile fiber product (1) is made of bamboo or bamboo fiber; 
(2) is manufactured using an environmentally friendly process; (3) is 
anti-microbial or retains the anti-microbial properties of any material 
from which it is made; or (4) is degradable, biodegradable, or 
photodegradable, unless such representations are true, not misleading, 
and substantiated by competent and reliable scientific evidence. Part 
I.B prohibits respondents from making claims about the benefits, 
performance, or efficacy of any textile fiber product, unless at the 
time the representation is made, it is truthful and not misleading, and 
is substantiated by competent and reliable evidence, which when 
appropriate must be competent and reliable scientific evidence. Part II 
makes clear that, although Part I prohibits respondents from making 
false and unsubstantiated representations that their textile fiber 
products are made of bamboo or bamboo fiber as opposed to rayon, the 
respondents nonetheless may describe such products using the generic 
name of any manufactured fiber and identifying bamboo as the cellulose 
source for such fiber (e.g., rayon made from bamboo), so long as such 
representation is true and substantiated. Part III of the proposed 
order prohibits respondents from failing to comply with the Textile Act 
or the Textile Rules.
    Parts IV through VIII require respondents to keep copies of 
relevant advertisements and materials substantiating claims made in the 
advertisements; to provide copies of the order to certain of their 
personnel; to notify the Commission of changes in corporate structure 
that might affect compliance obligations under the order; to notify the 
Commission of changes in the individual respondent's current business 
or employment; and to file compliance reports with the Commission and 
respond to other requests from FTC staff. 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. It is not intended to constitute an official 
interpretation of

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the agreement and proposed order or to modify in any way their terms.
    By direction of the Commission.

Richard C. Donohue
Acting Secretary.
[FR Doc. E9-19810 Filed 8-18-09; 1:13 pm]
BILLING CODE 6750-01-S