Honeywell Inc.; Analysis to Aid Public Comment

FEDERAL TRADE COMMISSION

[File No. 962-3154]

Honeywell Inc.; Analysis 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 draft

complaint that accompanies the consent agreement 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 February 23, 1998.

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: Linda K. Badger, Federal Trade

Commission, San Francisco Regional Office, 901 Market Street, Suite

570, San Francisco, CA 94103. (415) 356-5270.

Kerry O'Brien, Federal Trade Commission, San Francisco Regional

Office, 901 Market Street, Suite 570, San Francisco, CA 94103. (415)

356-5270.

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

Commission Actions section of the FTC Home Page (for December 17,

1997), on the World Wide Web, at ``http://www.ftc.gov/os/

actions97.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, subject to

final approval, to a proposed consent order from respondent Honeywell

Inc. (``Honeywell'') a Delaware corporation.

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.

Honeywell manufacturers and markets various types of air cleaning

products, including a line of portable, room air cleaners. These

``Honeywell Air Purifiers'' include an ``enviracaire True

HEPA filter.'' The Commission's complaint charges that respondent's

advertising for the Honeywell Air Purifier included unsubstantiated

claims of efficacy and allergy relief. Specifically, the complaint

alleges that the respondent did not possess adequate

[[Page 67373]]

substantiation for claims that: (1) The filter in a Honeywell Air

Purifier removes 99.97% of mold spores, dust mite allergens, bacteria

and viruses from the air that people breathe under household living

conditions; (2) The filter in a Honeywell Air Purifier removes nearly

all or 99.97% of impurities from the air that people breathe under

household living conditions; (3) Consumers who use a Honeywell Air

Purifier that changes the air in a room six or more times per hour will

experience noticeable symptom relief from allergies and other

respiratory problems; and (4) Honeywell Air Purifiers provide proven

relief from allergy symptoms.

According to the proposed complaint, the 99.97% figure used in

Honeywell's advertisement refers to the filter's expected efficiency in

removing particles that actually pass through the filter. While the

filter's efficiency is a factor in assessing the effectiveness of an

air purifier in particulate removal, this figure overstates the actual

effectiveness of the air purifier in removing pollutants from the air

in a user's environment. The actual effectiveness of an air purifier,

according to the proposed complaint, depends on a variety of factors

including, the amount of air that the air purifier processes, the

nature of the pollutant, and the rate at which the pollutant is being

introduced into the environment.

Additionally, with respect to the allergy relief claims made by

Honeywell, the proposed complaint states that there is no guarantee

that an individual who suffers from allergies or other respiratory

problems will derive a discernible reduction in symptoms through the

use of these or other air purifiers. Whether individuals will derive

such relief depends on many variables including, the source and

severity of their allergies, whether the allergens at issue tend to

remain airborne, the rate at which the allergens are emitted into their

homes or offices, and other environmental factors.

The proposed consent order contains provisions designed to remedy

the violations charged and to prevent the respondent from engaging in

similar acts and practices in the future.

Part I of the proposed order would prohibit Honeywell from making

certain efficacy claims about Honeywell Air Purifiers,

enviracaire True HEPA filters, or any other air cleaning

product which is normally used for personal, family, or household

purposes, unless at the time of making the claims it possesses and

relies upon competent and reliable scientific evidence. Furthermore,

claims that state or imply a level of performance under any set of

conditions, such as household loving conditions, must be substantiated

by evidence that either relates to such conditions or that was

extrapolated to such conditions by generally accepted procedures. The

specific claims covered by Part I include any representation: (1) about

such products's ability to eliminate, remove, clear, or clean any

quantity of indoor air contaminants under household living conditions;

and (2) that such product will perform under any set of conditions,

including household living conditions.

Part II of the proposed consent order includes fencing-in relief,

requiring that Honeywell possess competent and reliable evidence, which

when appropriate must be competent and reliable scientific evidence,

for any claim about the performance, health or other benefits, or

efficacy of any air cleaning product which is normally used for

personal, family, or household purposes.

The proposed order also requires that respondent to maintain

materials relied upon to substantiate claims covered by the order; to

provide a copy of the consent agreement to all employees or

representatives involved in the preparation and placement of the

company's advertisements, as well as to all company executives and

marketing and sales managers; to notify the Commission of any changes

in corporate structure that might affect compliance with the order; and

to file one or more reports detailing compliance with the order.

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. 97-33575 Filed 12-23-97; 8:45 am]

BILLING CODE 6750-01-M