[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19483-19484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07310]
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FEDERAL TRADE COMMISSION
[File No. 202 3025]
Williams-Sonoma, Inc.; Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement; request for comment.
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SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices. The attached Analysis to Aid Public Comment describes both
the allegations in the complaint 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 May 7, 2020.
ADDRESSES: Interested parties may file comments online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Williams-Sonoma, Inc.;
File No. 202 3025'' on your comment, and file your comment online at
https://www.regulations.gov by following the instructions on the web-
based form. If you prefer to file your comment on paper, mail your
comment to the following address: Federal Trade Commission, Office of
the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex D),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW, 5th Floor, Suite 5610 (Annex D), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT: Julia Ensor (202-326-2377), Bureau of
Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 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 thirty (30) days. The
following Analysis to Aid Public Comment describes the terms of the
consent agreement and the allegations in the complaint. An electronic
copy of the full text of the consent agreement package can be obtained
from the FTC website (for March 30, 2020), at this web address: https://www.ftc.gov/news-events/commission-actions.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before May 7, 2020.
Write ``Williams-Sonoma, Inc.; File No. 202 3025'' on your comment.
Your comment--including your name and your state--will be placed on the
public record of this proceeding, including, to the extent practicable,
on the https://www.regulations.gov website.
Due to the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We strongly
encourage you to submit your comments online through the https://www.regulations.gov website.
If you prefer to file your comment on paper, write ``Williams-
Sonoma, Inc.; File No. 202 3025'' on your comment and on the envelope,
and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex D), Washington, DC 20580; or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024. If possible, submit your paper comment to the
Commission by courier or overnight service.
Because your comment will be placed on the publicly accessible
website at https://www.regulations.gov, you are solely responsible for
making sure your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also
solely responsible for making sure your comment does not include
sensitive health information, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2),
16 CFR 4.10(a)(2)--including in particular competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the public FTC website--as legally required by FTC Rule
4.9(b)--we cannot redact or remove your comment from the FTC website,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
Visit the FTC website at http://www.ftc.gov to read this Notice and
the news release describing it. The FTC Act and other laws that the
Commission administers permit the collection of public comments to
consider and use in this proceeding, as appropriate. The Commission
will consider all timely and responsive public comments that it
receives on or before May 7, 2020. For information on the Commission's
privacy policy, including routine uses permitted by the Privacy Act,
see https://www.ftc.gov/site-information/privacy-policy.
[[Page 19484]]
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, an agreement containing a consent
order from Williams-Sonoma, Inc., also d/b/a Williams Sonoma, Williams
Sonoma Home, Pottery Barn, Pottery Barn Kids, Pottery Barn Teen, West
Elm, Rejuvenation, Outward, and Mark & Graham (``Respondent'').
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 Respondent's marketing, sale, and distribution
of home products as made in the United States. According to the FTC's
complaint, Respondent represented that its Goldtouch Bakeware products,
Rejuvenation-branded products, and Pottery Barn Teen and Pottery Barn
Kids-branded upholstered furniture products, including the materials
and subcomponents used to make such products, are all or virtually all
made in the United States. In fact, in numerous instances, Respondent's
Goldtouch Bakeware products, Rejuvenation-branded products, and Pottery
Barn Teen and Pottery Barn Kids-branded upholstered furniture products
are wholly imported or incorporate significant imported materials or
subcomponents. Based on the foregoing, the complaint alleges that
Respondent engaged in deceptive acts or practices in violation of
Section 5(a) of the FTC Act.
The proposed consent order contains provisions designed to prevent
Respondent from engaging in similar acts and practices in the future.
Consistent with the FTC's Enforcement Policy Statement on U.S. Origin
Claims, Part I prohibits Respondent from making U.S.-origin claims for
its products unless either: (1) The final assembly or processing of the
product occurs in the United States, all significant processing that
goes into the product occurs in the United States, and all or virtually
all ingredients or components of the product are made and sourced in
the United States; (2) a clear and conspicuous qualification appears
immediately adjacent to the representation that accurately conveys the
extent to which the product contains foreign parts, ingredients or
components, and/or processing; or (3) for a claim that a product is
assembled in the United States, the product is last substantially
transformed in the United States, the product's principal assembly
takes place in the United States, and United States assembly operations
are substantial.
Part II prohibits Respondent from making any country-of-origin
claim about a product or service unless the claim is true, not
misleading, and Respondent has a reasonable basis substantiating the
representation.
Parts III through V are monetary provisions. Part III imposes a
judgment of $1,000,000. Part IV includes additional monetary provisions
relating to collections. Part V requires Respondent to provide
sufficient customer information to enable the Commission to administer
consumer redress, if appropriate.
Parts VI through IX are reporting and compliance provisions. Part
VI requires Respondent to acknowledge receipt of the order, to provide
a copy of the order to certain current and future principals, officers,
directors, and employees, and to obtain an acknowledgement from each
such person that they have received a copy of the order. Part VII
requires Respondent to file a compliance report within one year after
the order becomes final and to notify the Commission within 14 days of
certain changes that would affect compliance with the order. Part VIII
requires Respondent to maintain certain records, including records
necessary to demonstrate compliance with the order. Part IX requires
Respondent to submit additional compliance reports when requested by
the Commission and to permit the Commission or its representatives to
interview Respondent's personnel.
Finally, Part X is a ``sunset'' provision, terminating the order
after twenty (20) years, with certain exceptions.
The purpose of this analysis is to aid public comment on the
proposed order. It is not intended to constitute an official
interpretation of the proposed order or to modify its terms in any way.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020-07310 Filed 4-6-20; 8:45 am]
BILLING CODE 6750-01-P