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1
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EXHIBITS A-B
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EXTRACTED KEY WORDS
BONES BRAIN NERVES OSTEOPOROSIS BREAD NEURONS BALANCED DIET AMOUNT DISEASE KIDS TRANSMIT BONE MASS LIFE CONSUMING IMPORTANCE NUTRITION ADOLESCENCE NERVOUS SYSTEM REGULAR PARENTS FOOD NUTRIENT SIGNALS AGE HEALTHY BONES YOUNG GIRLS CONSUME NATIONAL NUTRITION SURVEYS STRESS NUTRITION EXPERTS |
transmit signals
Exhibit A
P'r
WOMEK
Calcium Folic Acid Other Nutrients
-
Did you know that bones and teeth make up 99% of the
body's calcium content? As the glue that holds the body's
entire framework together, calcium is an important nutrient
for building strong bodies and minds.
Brain Food
Parents know calcium helps build strong bones, but did you
know that with regular exercise and a balanced diet,
calcium helps build strong minds too? Calcium can help
you to remember things, which is good to know when you .
. ah, er, urn, oh yeah, . . . lose your train of thought.
Speaking of thinking. Everyone knows that your brain helps
Calcium you think. But have you ever thought about your brain? As
the main control center, the brain instructs the body on what
to do, how to react as well as other basic functions. To
communicate the different commands with your.muscles,
organs and nerves, the brain uses a vast network called the
nervous system. In addition to the brain and spinal cord. the
nervous system includes more than 100 billion nerves.
Although nenes are very small, they perform some very
big, complex functions. When you need energy, your brain
sends a message to your stomach to let you know that
you're hungry and need nutrients to sustain your body. This
messenger is known as a neuron. Also known as nerve cells,
neurons electronically transmit these messages between the
brain, spinal column and other nerves. The neurons in the
brain require calcium to help transmit their signals. Without
calcium. neurons can become a little slow.
So, help your kids (and keep the whole family thinking
sharply) by making sure they get enough calcium with a
balanced diet and help from Wonder Bread.
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2
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COMPLAINT
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EXTRACTED KEY WORDS
BREAD FEDERAL TRADE COMMISSION EXHIBIT TRADE COMMISSION ACT ADVERTISEMENTS NEURONS REPRESENTATIONS BRAIN MINDS MISSY PARAGRAPH RESPONDENT REPRESENTATIONS SET REASON COMMERCE HOMEWORK REGULAR BALANCED DIET BAKERIES VIOLATION ALLEGES IBC DISSEMINATES TELEVISION INTERNET TRANSMIT SIGNALS MOM EXERCISE |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
)
In the Matter of ))
INTERSTATE BAKERIES CORPORATION, )
a corporation. ) DOCKET
)
)
COMPLAINT
The Federal Trade Commission, having reason to believe that Interstate Bakeries
Corporation, 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 Interstate Bakeries Corporation ("IBC") is a Delaware corporation with its
principal office or place of business at 12 East Armour Boulevard, Kansas City, Missouri, 64111.
IBC operates bakeries throughout the United States, distributing baked goods marketed under
national and regional brands, including Wonder, Home Pride, Beefsteak, and Sunbeam. IBC
produces and disseminates advertising in the form of television programming that is
disseminated through cable channels, broadcast stations, and via the Internet.
2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed
products to the public, including Wonder Bread. Wonder Bread is a "food," 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 and other
promotional material for Wonder Bread, including but not limited to the attached Exhibits A and
B. According to the product labels, Wonder Bread contains, among other ingredients, calcium.
The attached advertisements and promotional material for Wonder Bread contain the following
statements:
A. "PROFESSOR WONDER: Moms know calcium helps build strong bones. But
did you know it helps build strong minds, too? * Neurons in your brain need
Page 1 of 3
calcium to transmit signals. Without it, they can be, well, a little slow. [Inside
Missy's brain, Professor Wonder sees tired neurons that have obviously not gotten
enough calcium] Let's see what happens when you give them soft, delicious
Wonder Bread. [Professor Wonder, with the help of Mom, constructs a
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3
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ANALYSIS
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EXTRACTED KEY WORDS
BREAD CONSENT ORDER COMMISSION AGREEMENT CALCIUM INTERSTATE BAKERIES CORPORATION UNSUBSTANTIATED CLAIMS ADVERTISEMENTS LABELING MATTER PUBLIC RECORD REPRESENTATIONS MEMORY BRAIN FUNCTION MINDS WORK ACTS COMPETENT RELIABLE SCIENTIFIC EVIDENCE CURE DISEASE RELATED HEALTH CONDITION PURPOSES LABEL DISTRIBUTORS RETAILERS ORDER NOTES LABELING PURSUANT NUTRITION LABELING EDUCATION ACT |
ANALYSIS OF PROPOSED CONSENT ORDER
TO AID PUBLIC COMMENT
In the Matter of Interstate Bakeries Corporation, File No. 012 3182
The Federal Trade Commission has accepted, subject to final approval,
an agreement containing a consent order from Interstate Bakeries
Corporation (IBC).
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement or make final the agreement's proposed
order.
This matter involves allegedly unsubstantiated representations made on
television and in Internet advertising about the effects of the
calcium in Wonder Bread on children's memory and brain function.
According to the FTC complaint, IBC made unsubstantiated claims that
as a good source of calcium, Wonder Bread helps children's minds work
better and helps children remember things.
The proposed consent order contains provisions designed to prevent IBC
from engaging in similar acts and practices in the future. Part I of
the proposed order prohibits IBC from making any unsubstantiated claim
(a claim lacking competent and reliable scientific evidence) that as a
good source of calcium, Wonder Bread helps children's minds work
better, or as a good source of calcium, Wonder Bread helps children
remember things.
Part II of the order requires IBC to have competent and reliable
scientific evidence for any claim that any of its breads, bread
products, rolls or muffins or any of their ingredients, helps brain
function or memory, or can treat, cure or prevent any disease or
related health condition. Part II also provides that a mere statement
that a product contains a particular vitamin or mineral will not,
without more, be considered for purposes of this order a
representation that the product can treat, cure or prevent any disease
or related health condition.
Part IV of the order states that the order does not apply to any label
or labeling printed before the order is served on IBC and shipped by
IBC's bakeries to distributors or retailers within nine months after
the order is issued.
Part III of the order notes that this order does not prohibit IBC from
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4
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
REPRESENTATION COMPLAINT COMMISSION PROPOSED RESPONDENT AGREEMENT FEDERAL TRADE COMMISSION INTERSTATE BAKERIES CORPORATION DRAFT COMPLAINT ACCEPTANCE MANNER PURSUANT SUCCESSORS OFFICERS VIOLATION RELIABLE SCIENTIFIC EVIDENCE LABELING ADVERTISING SALE BREAD TERMINATE PRIOR CONSUMER PROTECTION APPEALING FACTS LAW NOTIFY PURPOSES PROVISIONS SUBSTANTIATES |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
)
In the Matter of )) FILE NO.
INTERSTATE BAKERIES CORPORATION, )
a corporation. ) AGREEMENT
) CONSENT
)
The Federal Trade Commission has conducted an investigation of certain acts and
practices of Interstate Bakeries Corporation, 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 Interstate Bakeries Corporation, by its duly
authorized officers, and counsel for the Federal Trade Commission that:
1. Proposed respondent Interstate Bakeries Corporation is a Delaware corporation with its
principal office or place of business at 12 East Armour Boulevard, Kansas City, Missouri, 64111.
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
fact and conclusions of law; and
c. All rights to seek judicial review or otherwise to challenge or contest the
of the order entered pursuant to this agreement.
4. This agreement shall not become 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 thirty (30)
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
Page 1 of 6
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.
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