AAF-McQuay, Inc. d/b/a AAF International; Analysis To Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 942-3036]

AAF-McQuay, Inc. d/b/a AAF International; Analysis To Aid Public

Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: In settlement of alleged violations of federal law prohibiting

unfair or deceptive acts or practices and unfair methods of

competition, this consent agreement, accepted subject to final

Commission approval would, among other things, require the Baltimore-

based manufacturer of filters for forced-air heating systems to possess

substantiation for all performance claims, health or other benefits

claims, and efficacy claims made for any air cleaning product in the

future. The agreement settles allegations that the respondent made

misleading claims regarding allergy relief, airborne particle removal,

and cost benefits when its filters are used in place of standard forced

air system filters, in advertisements for AAF's Dirt Demon and

ElectroKlean brand filters.

DATES: Comments must be received on or before December 27, 1996.

ADDRESSES: Comments should be directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W., Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

John Mendenhall, Federal Trade Commission, Cleveland Regional Office,

668 Euclid Avenue, Suite 520-A, Cleveland, OH 44114-3006. (216) 522-

4210

Michael Milgrom, Federal Trade Commission, Cleveland Regional Office,

668 Euclid Avenue, Suite 520-A, Cleveland, OH 44114-3006. (216) 522-

4210

Brinley Williams, Federal Trade Commission, Cleveland Regional Office,

668 Euclid Avenue, Suite 520-A, Cleveland, OH 44114-3006. (216) 522-

4210

SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal

Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46, and Section 2.34 of

the Commission's 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 sixty (60) days. The following Analysis to Aid

Public Comment describes the terms of the consent agreement, and the

allegations in the accompanying complaint. An electronic copy of the

full text of the consent agreement package can be obtained from the FTC

Home page, on the World Wide Web, at ``http://www.ftc.gov/os/actions/

htm.'' A paper copy can be obtained from the FTC Public Reference Room,

Room H-130, Sixth Street and Pennsylvania Avenue, N.W., Washington,

D.C. 20580, either in person or by calling (202) 326-3627. 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 Section 4.9(b)(6)(ii) of the

Commission's Rules of Practice (16 CFR 4.9(b)(6)(ii)).

[[Page 55642]]

Analysis of Proposed Consent Order To Aid Public Comment (AAF-

McQuay, Inc.)

The Federal Trade Commission has accepted, subject to final

approval, an agreement to a proposed consent order from AAF-McQuay,

Inc., d/b/a AAF International (AAF). AAF manufactures and sells air

filters for use in residential heating systems, under the brand names

ElectroKlean and Dirt Demon, among others. The proposed consent order

has been placed on the public record for sixty(60) days to receive the

comments of 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 will decide whether it

should withdraw from the agreement or make final the agreement's

proposed order.

The Commission's complaint charges that AAF deceptively advertised

that (1) use of the Dirt Demon or ElctroKlean filter will substantially

reduce the incidence of allergies caused by indoor allergens under

household living conditions; (2) the ElectroKlean and Dirt Demon remove

95% of the airborne contaminants from the air people breathe under

household conditions; (3) the Dirt Demon traps 95% of the lint, dust

and pollen from the household air passing through it; and (4) the Dirt

Demon is six times as efficient at removing pollutants as a standard

air filter. The complaint charges that AAF lacked substantiation for

these claims.

The complaint also charges that AAF lacked substantiation for

claims that (1) the addition of Intersept antimicrobial to the

ElectroKlean makes air cleaner and healthier than it otherwise would be

under household living conditions; (2) the addition of Intersept

antimicrobial to the ElectroKlean inhibits the growth of microbes in

household heating and cooling systems; and (3) the addition of

Intersept antimicrobial to the Dirt Demon removes the filter as a

potential source of contamination of household air.

The complaint also charges that AAF represented the Dirt Demon to

be a HEPA (High Efficiency Particulate Air) filter when, according to

industry standards, it is not.

The proposed order contains provisions designed to prevent

misrepresentations related to these specific matters and others.

Paragraph I of the proposed order prohibits AAF from making any

representation regarding the performance, health of other benefits, or

efficacy of any air cleaning product (which is defined) unless it can

substantiate the claims with competent and reliable evidence. If the

representation states or implies a level of performance under household

conditions, then the evidence that substantiates the representation

must either be related to such conditions or must have been

extrapolated to household conditions by generally accepted procedures.

Paragraph II prohibits AAF from misrepresenting that any air filter

for insertion into household central heating systems is a HEPA (High

Efficiency Particulate Air) filter.

Paragraph III, IV, V, and VI are compliance and reporting

provisions that require AAF to maintain for five (5) years the records

on which it relies to substantiate any representation covered by the

order, to provide copies of the order to certain employees, to notify

the Commission in the event of changes in the corporation that may

affect compliance obligations arising out of the order, and to file a

compliance report with the Commission within sixty (60) days after the

order becomes final.

Paragraph VII provides that the order will terminate automatically

twenty years from the date it becomes final unless the Commission has

brought an action in federal court alleging a violation of the order.

In that case, the order will terminate twenty years from the date that

the federal court action is filed.

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 their terms.

Donald S. Clark,

Secretary.

[FR Doc. 96-27574 Filed 10-25-96; 8:45 am]

BILLING CODE 6750-01-M