Uno Restaurant Corporation, et al.; Pizzeria Uno Corporation; Uno Restaurants, Inc.; Analysis to Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 962-3150]

Uno Restaurant Corporation, et al.; Pizzeria Uno Corporation; Uno

Restaurants, Inc.; 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 nationwide

pizza restaurant chain from misrepresenting the existence or amount of

fat or any other nutrient or substance in pizzas or other food products

containing a baked crust. The agreement settles allegations that

advertising touting the ``Thinzettas'' line of thin crust pizzas as

``low fat'' was false and misleading.

DATES: Comments must be received on or before March 31, 1997.

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: Phoebe Morse, Federal Trade

Commission, Boston Regional Office, 101 Merrimac St, Suite 810, Boston,

MA 02114-4719. (617) 424-5960. John T. Dugan, Federal Trade Commission,

Boston Regional Office, 101 Merrimac St, 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 January 22, 1997),

[[Page 4292]]

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)).

Analysis of Proposed Consent Order to Aid Public Comment

The Federal Trade Commission has accepted an agreement to a

proposed consent order from Uno Restaurant Corporation, Pizzeria Uno

Corporation, and Uno Restaurants, Inc. The proposed respondents operate

the nationwide Pizzeria Uno restaurant chain, where they sell, among

other items, a line of thin crust pizzas known as ``Thinzettas.''

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

falsely claimed that their Thinzettas line of thin crust pizzas is low

in fat. 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 pizzas or any

other food product containing a baked crust, prohibits the proposed

respondents from misrepresenting the existence or amount of total fat

or any other nutrient or substance in such product. Part I further

provides that if any representation covered by this Part conveys a

nutrient content claim defined (for purposes of labeling) by any

regulation promulgated by the Food and Drug Administration, compliance

with this Part shall be governed by the qualifying amount set forth in

that regulation. Part II of the proposed order specifies that nothing

in the order prohibits the proposed respondents from making any

representation for any product that is specifically permitted in

labeling for such product by regulations promulgated by the Food and

Drug Administration pursuant to the Nutrition Labeling and Education

Act of 1990.

Part III of the proposed order 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. Part IV requires distribution of a copy

of the consent decree to current and future principals, officers,

directors, managers, and franchisees, and to certain current and future

employees, agents, and representatives.

Part V provides for Commission notification upon any change in the

corporate respondents affecting compliance obligations arising under

the order. Part VI requires the filing of compliance report(s).

Finally, Part VII 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. 97-2207 Filed 1-28-97; 8:45 am]

BILLING CODE 6750-01-P