 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
DECISION & ORDER
|
EXTRACTED KEY WORDS
COMMISSION COMPLAINT FEDERAL TRADE COMMISSION REPRESENTATION ACT SALE SUCCESSORS CONSUMER VIOLATION EVIDENCE PROFESSIONALS TODDLER FOOD ADVERTISING AGREEMENT JURISDICTION MATTER OFFICERS MANNER AFFECTING LABELING TERMINATE BABY PROMOTION DIRECTORS NUTRITION APPEALING COMPETENT AGENTS EMPLOYEES |
9623175
B219914
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS: Robert Pitofsky, Chairman
Mary L. Azcuenaga
Janet D. Steiger
Roscoe B. Starek, III
Christine A. Varney
)
In the Matter of )
)
GERBER PRODUCTS COMPANY, ) DOCKET NO. C-3744
a corporation. )
) DECISION AND ORDER
)
The Federal Trade Commission having initiated an investigation of certain acts and
practices of the respondent named in the caption hereof, and the respondent having been furnished
thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed
to present to the Commission for its consideration and which, if issued by the Commission, would
charge respondent with violation of the Federal Trade Commission Act; and
The respondent, its attorney, and counsel for Federal Trade Commission having thereafter
executed an agreement containing a consent order, an admission by the respondent of all the
jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of
agreement is for settlement purposes only and does not constitute an admission by respondent that
the law has been violated as alleged in such complaint, or that the facts as alleged in such
complaint, other than jurisdictional facts, are true and waivers and other provisions as required by
the Commission's Rules; and
The Commission having thereafter considered the matter and having determined that it had
reason to believe that the respondent has violated the said Act, and that complaint should issue
stating its charges in that respect, and having thereupon accepted the executed consent agreement
and placed such agreement on the public record for a period of sixty (60) days, now in further
conformity with the procedure prescribed in § 2.34 of its Rules, the Commission hereby issues its
complaint, makes the following jurisdictional findings and enters the following order:
1. Respondent Gerber Products Company is a Michigan corporation with its principal
office or place of business at 445 State Street, Fremont, Michigan 49413-0001.
SNIPPETS:
|
|
2
.
COMPLAINT
|
EXTRACTED KEY WORDS
BABY FOOD RECOMMEND RESPONDENT PEDIATRICIANS VOICEOVER DEPICTION REPRESENTATIONS FEDERAL TRADE COMMISSION TRADE COMMISSION ACT ADVERTISEMENTS EXHIBIT PARAGRAPH TODDLER FOODS SURVEYS COMPLAINT NUTRITION REPRESENTATIONS SET RELIABLE STUDIES BRANDS IMPLICATION PATIENTS REASON GERBER PRODUCTS COMPANY ALLEGES PRACTICES AFFECTING COMMERCE JAR MOM SFX |
9623175
B219914
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
))))))))))))))))))))))))))))))))))))))))))))),
))))))))))))))))))))))))))))))))))))))))))))),
**
In the Matter of **
** DOCKET NO. C-3744
GERBER PRODUCTS COMPANY, **
a corporation. ****
)))))))))))))))))))))))))))))))))))))))))))))-
)))))))))))))))))))))))))))))))))))))))))))))-
COMPLAINT
The Federal Trade Commission, having reason to believe that Gerber Products Company,
a corporation ("respondent"), has violated the provisions of the Federal Trade Commission Act,
and it appearing to the Commission that this proceeding is in the public interest, alleges:
1. Respondent Gerber Products Company ("Gerber") is a Michigan corporation with its
principal office or place of business at 445 State Street, Fremont, Michigan 49413-0001.
2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed
products to the public, including Gerber baby and toddler foods. Gerber baby and toddler foods
are "foods" within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.
3. The acts and practices of respondent alleged in this complaint have been in or affecting
commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act.
4. Respondent has disseminated or has caused to be disseminated advertisements for Gerber
baby and toddler foods, including but not necessarily limited to the attached Exhibits A through
D. These advertisements contain the following statements and depictions:
A. [Depiction: Smiling baby]
VOICEOVER: "There's only one baby like yours."
[Depiction: Jar of Gerber baby food]
VOICEOVER: "And only one baby food like ours. Gerber."
[Depiction: Fresh apples]
VOICEOVER: "No one knows more about purity, . . ."
[Depiction: Fresh carrots]
SNIPPETS:
|
|
3
.
CONSENT AGREEMENT
|
EXTRACTED KEY WORDS
RESPONDENT FEDERAL TRADE COMMISSION COMPLAINT REPRESENTATION PROPOSED RESPONDENT ACT GERBER PRODUCTS COMPANY AGREEMENT BABY FOOD RECOMMEND BABY FOOD PRACTICES DRAFT COMPLAINT PEDIATRICIANS CONSENT ORDER OFFICERS MICHIGAN CORPORATION PRINCIPAL OFFICE TODDLER FOOD ADVERTISEMENTS NUTRITION STATE STREET RELIABLE SCIENTIFIC EVIDENCE VOICEOVER NUTRITION LABELING DEPICTION PUBLIC RECORD COMPETENT PROFESSIONALS ADVERTISING |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
))))))))))))))))))))))))))))))))))))))))))))),
))))))))))))))))))))))))))))))))))))))))))))),
**
In the Matter of ** FILE NO. 962 3175
**
GERBER PRODUCTS COMPANY, **
a corporation. ** AGREEMENT CONTAINING
** CONSENT ORDER
)))))))))))))))))))))))))))))))))))))))))))))-
)))))))))))))))))))))))))))))))))))))))))))))-
The Federal Trade Commission has conducted an investigation of certain acts and
practices of Gerber Products Company, a corporation ("proposed respondent"). Proposed
respondent, having been represented by counsel, is willing to enter into an agreement containing a
consent order resolving the allegations contained in the attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between Gerber Products Company, by its duly
authorized officer, and counsel for the Federal Trade Commission that:
1. Proposed respondent Gerber Products Company is a Michigan corporation with its
principal office or place of business at 445 State Street, Fremont, Michigan 49413-0001.
2. Proposed respondent admits all the jurisdictional facts set forth in the draft complaint.
3. Proposed respondent waives:
a. Any further 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, will be placed on the public record for a period of sixty (60)
days and information about it publicly released. The Commission thereafter may either withdraw
its acceptance of this agreement and so notify 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.
SNIPPETS:
|
|
|
| | | |
|
|
