Premier Products, Inc.; T.V. Products, Inc.; T.V.P. Corporation; Michael Sander; Issie Kroll; Analysis to Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 952-3357]

Premier Products, Inc.; T.V. Products, Inc.; T.V.P. Corporation;

Michael Sander; Issie Kroll; 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 prohibit, among other things, the Florham

Park, New Jersey-based company from misrepresenting, with respect to

any product involving the storage or preparation of food, the risk of

buildup of harmful or unsafe levels of bacteria on food items

defrosted, thawed, prepared, or stored using the product; the amount of

time it may take to defrost, thaw, or prepare food items using the

product; the process by which the product achieves any claimed

defrosting, thawing, or preparation times; or the existence, contents,

validity, results, conclusions, or interpretations of any test, study,

or research. The agreement settles allegations stemming from

advertisements for Premier's ``Miracle Thaw'' food thawing tray.

DATES: Comments must be received on or before February 14, 1997.

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

Room 159, 6th St. and Pa. Ave., NW., Washington, DC 20580.

[[Page 66044]]

FOR FURTHER INFORMATION CONTACT:

Phoebe D. Morse, Federal Trade Commission, Boston Regional Office, 101

Merrimac Street, Suite 810, Boston, MA 02114-4719 (617) 424-5960

John T. Dugan, Federal Trade Commission, Boston Regional Office, 101

Merrimac Street, Suite 810, Boston, MA 02114-4719 (617) 424-5960

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 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

Commission Actions section of the FTC Home Page (for December 9, 1996),

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, NW., Washington, DC 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 Sec. 4.9(b)(6)(ii) of the Commission's rules

of practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To Aid Public Comment

The Federal Trade Commission has accepted an agreement to a

proposed consent order from Premier Products, Inc., T.V. Products,

Inc., T.V.P. Corporation, Michael Sander, and Issie Kroll. The proposed

respondents are marketers of a food thawing tray known as ``Miracle

Thaw.''

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 and take other appropriate action or make

final the agreement's proposed order.

The Commission's complaint charges that the proposed respondents

made the following false and unsubstantiated representations about

Miracle Thaw: (1) Laboratory testing proves that food items defrosted

or thawed on Miracle Thaw will not develop harmful or unsafe levels of

bacteria; (2) there is no risk of buildup of harmful or unsafe levels

of bacteria on perishable frozen food items defrosted or thawed on

Miracle Thaw; (3) Miracle Thaw will defrost or thaw particular frozen

food items within specific time periods; and (4) Miracle Thaw achieves

the accelerated defrosting or thawing depicted in advertisements

because it is a superconductive metal tray that transfers heat energy

from the air into frozen food items, thereby speeding up the natural

defrosting or thawing process. The complaint further charges that the

proposed respondents represented that Miracle Thaw is effective,

useful, or appropriate for defrosting or thawing frozen food items, but

failed to disclose that defrosting or thawing perishable food on

Miracle Thaw may pose a risk of buildup of harmful or unsafe bacteria

on the food.

The proposed consent order contains provisions designed to remedy

the violations charged and to prevent proposed respondents from

engaging in similar acts in the future.

Part I of the proposed order, in connection with any product

involving the preparation or storage of food, prohibits the proposed

respondents from misrepresenting: (1) The existence, contents,

validity, results, conclusions or interpretations of any test, study,

or research; (2) the risk of buildup of harmful or unsafe levels of

bacteria on food items defrosted, thawed, prepared, or stored using

such product; (3) the amount of time it may take to defrost, thaw, or

prepare food items using such product; or (4) the process by which such

product achieves any claimed defrosting, thawing, or preparation times.

Part II, in connection with any product for use in the preparation or

storage of food, prohibits any representation about the benefits,

performance, efficacy, or safety of such product, unless proposed

respondents possess and rely upon competent and reliable evidence,

which when appropriate must be competent and reliable scientific

evidence, that substantiates the representation.

Part III of the proposed order, in connection with Miracle Thaw or

any substantially similar product, prohibits any representation about

the effectiveness, usefulness, or appropriateness of such product for

defrosting or thawing frozen food items, unless proposed respondents

also make certain specified disclosures in advertisements, on product

packages, and in product inserts warning of the potential risk of

harmful or unsafe bacteria buildup associated with use of the product.

The proposed order (Part IV) contains record keeping requirements

for materials that substantiate, qualify, or contradict covered claims

and requires the proposed respondents to keep and maintain all

advertisements and promotional materials containing any representation

covered by the proposed order. In addition, the proposed order (Part V)

requires distribution of a copy of the consent decree to past, present,

and future purchasers for resale (such as wholesalers or retailers) and

licensees of Miracle Thaw or any substantially similar product. Part V

also requires that the proposed respondents provide warnings to and

eventually terminate their business relationship with a purchaser for

resale or licensee about whom the proposed respondents receive evidence

that such purchaser for resale or licensee is making claims prohibited

by the order or failing to disclose information required by the order.

Further, the proposed order (Part VI) requires distribution of a copy

of the consent decree to current and future officers and agents.

Part VII provides for Commission notification upon a change in the

corporate respondents and Commission notification when each of the

individual respondents changes his present business or employment (Part

VIII). The proposed order also requires the filing of compliance

report(s) (Part IX). Finally, Part X provides for the termination of

the order after twenty 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.

Donald S. Clark,

Secretary.

[FR Doc. 96-31801 Filed 12-13-96; 8:45 am]

BILLING CODE 6750-01-P