[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55846-55848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26006]


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FEDERAL TRADE COMMISSION

[Docket No. 9340]


The M Group, 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 November 23, 2009.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form. Comments should refer to ``The M 
Group, Docket No. 9340'' 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

[[Page 55847]]

``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://public.commentworks.com/ftc/D9340) 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 
(https://public.commentworks.com/ftc/D9340). 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 ``The M Group, 
Docket No. 9340'' 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 (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 K. Ewing, Bureau of Consumer 
Protection, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580, (202) 
326-3556.

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) 
the Commission 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 October 22, 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 The M Group, Inc., also doing business as Bamboosa, a 
corporation, and Mindy Johnson, Michael Moore, and Morris Saintsing, 
individually and as members of the corporation (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; 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; do 
not retain the anti-microbial properties of the bamboo plant; 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 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.
    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 anti-microbial or retains the anti-microbial properties of any 
material from which it is made; or (3) 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

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

Donald S. Clark
Secretary.
[FR Doc. E9-26006 Filed 10-28-09: 8:45 am]
BILLING CODE 6750-01-S