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1
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EXHIBITS A-E
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EXTRACTED KEY WORDS
REVOLUTION TRADING INTERNET LIFE PERSONAL APPLICATIONS BUSINESS TRADES MARKET NEWS PALM PLATFORM REVOLUTION WIRELESS HANDHELD REVOLUTIONIZED PERSONAL INVESTING ONLINE TRADING EXHLEXT SYNCING PAGING OUTLOOK STUCK QUOTES FLIGHT SCHEDULES EXCEL INFRARED BEAMING SALES FORCE AUTOMATION DIGITAL CAMERA FAXES MAPS EXPENSE REPORTS CUSTOM FORM CREATION LNTRANET ACCESS DATABASE MANAGER |
Database Manager
lntranet Access
Custom Form Creation
Expense Reports
Maps
Send & Receive Faxes
Digital Camera
Sales Force Automation
Infrared Beaming
View Word & Excel
Internet Access
Flight Schedules
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2
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COMPLAINT
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EXTRACTED KEY WORDS
INTERNET RESPONDENT ADVERTISEMENTS DISCLOSE WIRELESS EMAIL ACCOUNTS SOLD PACKAGING CONSUMERS SEPARATE REPRESENTATIONS FEDERAL TRADE COMMISSION ACT HANDHELDS PALM VII MODEL PRACTICES PALM PDAS EXHIBIT PURCHASE APPLICATIONS PANEL DEPICTION PRINT DISCLOSURE HARDWARE ADD-ONS EXCEL DOCUMENTS VIEWING MICROSOFT DECEPTIVE PRACTICE MAGAZINE ADVERTISEMENT OUTLOOK |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
))
In the Matter of ))
PALM, INC., ) DOCKET NO.
a corporation. ))
)
COMPLAINT
The Federal Trade Commission, having reason to believe that Palm, Inc., 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 Palm, Inc. is a Delaware corporation with its principal office or place of
business at 5470 Great America Parkway, Santa Clara, California 95054.
2. Respondent has manufactured, advertised, offered for sale, sold, and distributed products to
the public, including Palm handheld computers. These Palm devices, including the Palm
m100, Palm III, Palm V, and Palm VII model lines, function as personal digital assistants
("PDAs"). They provide ready access to addresses, tasks, calendars, and memos. With
Palm.Net wireless service, the Palm VII model line can, as sold, wirelessly access portions
of the Internet and some email accounts from a number of metropolitan areas.
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
packaging for the Palm PDAs, including but not necessarily limited to the attached Exhibits
A through E. These advertisements and packaging contain the following statements and
depictions:
Page 1 of 7
A. (Exhibit A: magazine advertisement)
" Database Manager
Intranet Access
PERFECT FOR Custom Form Creation
Expense Reports
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3
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ANALYSIS
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EXTRACTED KEY WORDS
RID PROPOSED ORDER EGGS TREATMENT COMB EFFECTIVENESS RESPONDENT LICE KILLING SHAMPOO COMPLAINT LICE INFESTATIONS SINGLE TREATMENT PROPOSED CONSENT ORDER AGREEMENT PFIZER RID LICE KILLING CURES LICE INFESTATIONS CLINICAL STUDIES SUBSTANTIATES DISCLOSURE DRUG REPRESENTATION COMMISSION COMPLAINT ALLEGES ADVERTISING PESTICIDE CONSUMERS COMPLIANCE PUBLIC RECORD PEDICULICIDE |
_________________________________________________________________
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 Pfizer
Inc.
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 or make final the agreement's proposed
order.
Pfizer Inc. ("Pfizer") markets a variety of over-the-counter
pharmaceuticals, including "RID Lice Killing Shampoo." RID is a
shampoo (or "pediculicide") sold to treat people who suffer from head
lice infestations. The RID package includes a comb for use in removing
lice eggs. The Commission's complaint alleges that Pfizer's
advertising for RID included false and unsubstantiated claims that: 1)
RID Lice Killing Shampoo cures lice infestations in a single
treatment; 2) the RID egg removal comb is one hundred percent
effective; 3) clinical studies prove that RID Lice Killing Shampoo
cures lice infestations in a single treatment; and 4) clinical studies
prove that the RID egg removal comb is one hundred percent effective.
In fact, the complaint alleges that RID is based on a pesticide which
is not one hundred percent effective against lice eggs. Consumers
should be aware of this limitation and make every effort to physically
remove lice eggs. In addition, when this type of pediculicide is used,
consumers are instructed to apply a second treatment in seven to ten
days to kill any newly hatched lice. In addition, the complaint
explains that the RID comb, included with the shampoo, is not
necessarily one hundred percent effective. Lice eggs are difficult to
see and to remove. The effectiveness of the comb is largely dependent
on the skill and tenacity of the comber.
The complaint further explains why clinical studies do not prove that
RID cures lice infestations in a single treatment. Specifically, the
complaint alleges that the study Pfizer relied upon to make this claim
included the application of a single treatment, along with a thorough
combing that removed all lice eggs. Moreover, the studies relied upon
to make the claim that the RID egg removal comb is one hundred percent
effective employed individuals trained in egg removal to comb
patients' hair. According to the complaint, there is no evidence that
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4
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AGREEMENT CONTAINING CONSENT
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EXTRACTED KEY WORDS
REPRESENTATION COMMISSION COMPLAINT LICE ADVERTISEMENTS FEDERAL TRADE COMMISSION PROPOSED RESPONDENT AGREEMENT DRUG PFIZER DISCLOSURE PROMOTION SALE MANNER PROMOTIONAL MATERIALS LABELING DRAFT COMPLAINT SUBSTANTIATES ACCEPTANCE RELIABLE SCIENTIFIC EVIDENCE CONSUMER AFFECTING COMMERCE TREATMENT ACT OFFICERS SUCCESSORS DIRECTIONS IMPLICATION RESPONDENT POSSESSES |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of
PFIZER INC., a corporation.
FILE NO. 972 3159
AGREEMENT CONTAINING CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain
acts and practices of Pfizer Inc., 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 Pfizer Inc., by its duly authorized
officers, and counsel for the Federal Trade Commission that:
1. Proposed respondent Pfizer Inc. is a Delaware corporation with its
principal office or place of business at 235 East 42nd Street, New
York, New York 10017-5755.
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 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
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