# Haagen-Dazs Company, Inc.; Proposed Consent Agreement With Analysis To Aid Public Comment > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-30319 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** December 9, 1994 ## Text FEDERAL TRADE COMMISSION [File No. 942 3028] Haagen-Dazs Company, Inc.; Proposed Consent Agreement With Analysis To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. ----------------------------------------------------------------------- SUMMARY: In settlement of alleged violations of federal law prohibiting unfair acts and practices and unfair methods of competition, this consent agreement, accepted subject to final Commission approval, would prohibit, among other things, a New Jersey-based ice cream and frozen yogurt corporation from misrepresenting the existence or amount of fat, saturated fat, cholesterol, or calorie content of any of its frozen food products in the future. DATES: Comments must be received on or before February 10, 1995. ADDRESSES: Comments should be directed to: FTC/Office of the Secretary, Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Anne Maher or Michelle Rusk, FTC/S-4002, Washington, DC 20580. (202) 326-2987 or 326-3148. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46 and Sec. 2.34 of the Commission's rules of practice (16 CFR 2.34), notice is hereby given that the following 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 sixty (60) days. Public comment is invited. Such comments or views 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)). Agreement Containing Consent Order To Cease and Desist The Federal Trade Commission having initiated an investigation of certain acts and practices of Haagen-Dazs Company, Inc., a corporation, hereinafter sometimes referred to as proposed respondent, and it now appearing that proposed respondent is willing to enter into an agreement containing an order to cease and desist from the use of the acts and practices being investigated, It Is Hereby Agreed by and between Haagen-Dazs Company, Inc., by its duly authorized officer and attorney, and counsel for the Federal Trade Commission that: 1. Proposed respondent Haagen-Dazs Company, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of New Jersey with its principal office and place of business located at Glenpointe Centre East, Teaneck, NJ 07666-6782. 2. Proposed respondent admits all the jurisdictional facts set forth in the draft complaint. 3. Proposed respondent waives: (a) Any procedural steps; (b) The requirement that the Commission's decision contain a statement of findings of fact and conclusions of law; and (c) All rights to seek judicial review or otherwise to challenge or contest the validity of the order entered pursuant to this agreement. 4. This agreement shall not become a part of the public record of the proceeding unless and until it is accepted by the Commission. If this agreement is accepted by the Commission, it, together with the draft complaint contemplated thereby, will be placed on the public record for a period of sixty (60) days and information in respect thereto publicly released. The Commission thereafter may either withdraw its acceptance of this agreement and so notify the proposed respondent, in which event it will take such action as it may consider appropriate, or issue and serve its complaint (in such form as the circumstances may require) and decision, in disposition of the proceeding. 5. This agreement is for settlement purposes only and does not constitute an admission by proposed respondent that the law has been violated as alleged in the draft of complaint or that the facts as alleged in the draft complaint, other than jurisdictional facts, are true. 6. The agreement contemplates that, if it is accepted by the Commission, and if such acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of Sec. 2.34 of the Commission's rules, the Commission may, without further notice to proposed respondent: (1) Issue its complaint corresponding in form and substance with the draft complaint and its decision containing the following order to cease and desist in disposition of the proceeding; and (2) make information public in respect thereto. When so entered, the order to cease and desist shall have the same force and effect and may be altered, modified or set aside in the same manner and within the same time provided by statute for other orders. The order shall become final upon service. Delivery by the U.S. Postal Service of the complaint and decision containing the agreed-to order to proposed respondent's address as stated in this agreement shall constitute service. Proposed respondent waives any rights it may have to any other manner of service. The complaint may be used in construing the terms of the order, and no agreement, understanding, representation, or interpretation not contained in the order or the agreement may be used to vary or contradict the terms of the order. 7. Proposed respondent has read the proposed complaint and order contemplated hereby. Proposed respondent understands that once the order has been issued, it will be required to file one or more compliance reports showing that it has fully complied with the order. Proposed respondent further understands that it may be liable for civil penalties in the amount provided by law for each violation of the order after it becomes final. Order I It is ordered that respondent Haagen-Dazs Company, Inc., a corporation, its successors and assigns, and its officers, agents, representatives and employees, directly or through any corporation, subsidiary, division or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, or distribution of any frozen food product in or affecting commerce, as ``commerce'' is defined in the Federal Trade Commission Act, do forthwith cease and desist from misrepresenting, in any manner, directly or by implication, through numerical or descriptive terms or any other means, the existence or amount of fat, saturated fat, cholesterol or calories in any such product. If any representation covered by this Part either directly or by implication conveys any nutrient content defined (for purpose of labeling) by any regulation promulgated by the Food and Drug Administration, compliance with this part shall be governed by the qualifying amount for such defined claim as set forth in that regulation. II Nothing in this Order shall prohibit respondent from making any representation that is specifically permitted in labeling for any frozen food product by regulations promulgated by the Food and Drug Administration pursuant to the Nutrition Labeling and Education Act of 1960. III It is further ordered that for three (3) years after the last date of dissemination of any representation covered by this Order, respondent, or its successors and assigns, shall maintain and upon request make available to the Federal Trade Commission for inspection and copying copies of: 1. All materials that were relied upon in disseminating such representation; and 2. All tests, reports, studies, surveys, demonstrations, or other evidence in its possession of control that contradict, qualify, or call into question such representation, including complaints from consumers. IV It is further ordered that respondent shall notify the Commission at least thirty (30) days prior to any proposed change in the respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries, or any other change in the respondent which may affect compliance obligations arising out of this Order. V It is further ordered that respondent shall, within thirty (30) days after service of this Order, distribute a copy of this Order to each of its operating divisions and to each of its officers, agents, representatives, or employees engaged in the preparation or placement of advertisements or other materials covered by this Order. VI It is further ordered that respondent shall, within sixty (60) days after service of this Order, and at such other times as the Commission may require, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with this Order. Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission has accepted an agreement to a proposed consent order from Haagen-Dazs Company, Inc. (``Haagen- Dazs''). The proposed consent order has been placed on the public record for sixty (60) days for reception of comments by interested persons. Comments received during this period will become part of the public record. After sixty (60) 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 concerns claims made by Haagen-Dazs in its advertising for frozen yogurt products. The Commission's complaint in this matter charges Haagen-Dazs with engaging in unfair or deceptive practices in connection with its advertising of frozen yogurt products. According to the complaint Haagen-Dazs falsely represented that its frozen yogurt is 98 percent fat free and low fat. The complaint also alleges that Haagen-Dazs falsely represented that its frozen yogurt bars contain one gram of fat per serving and are low fat. Finally, the complaint alleges that Haagen-Dazs falsely represented that its frozen yogurt bars contain 100 calories per serving. The consent order contains provisions designed to remedy the violations charged and to prevent Haagen-Dazs from engaging in similar deceptive and unfair acts and practices in the future. Part I of the order prohibits Haagen-Dazs from misrepresenting the existence or amount of fat, saturated fat, cholesterol or calories in any frozen food product. Part I also requires that any representation covered by this part that conveys a nutrient content claim defined for labeling by any regulation of the Food and Drug Administration (``FDA''), must comply with the qualifying amount set forth in that regulation. Part II of the order provides that representations that would be specifically permitted in food labeling, under regulations issued by FDA pursuant to the Nutrition Labeling and Education Act of 1990, are not prohibited by the order. Part III of the order requires Haagen-Dazs to maintain copies of all materials relied upon in making any representation covered by the order. Part IV of the order requires Haagen-Dazs to notify the Commission of any changes in corporate structure that might affect compliance with the order. Part V of the order requires Haagen-Dazs to distribute copies of the order to its operating divisions and to various officers, agents and representatives of Haagen-Dazs. Part VI of the order requires Haagen-Dazs to file with the Commission one or more reports detailing compliance with the order. 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 any of their terms. Donald S. Clark, Secretary. [FR Doc. 94-30319 Filed 12-8-94; 8:45 am] BILLING CODE 6750-01-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-30319. Public record. Not legal advice.