Orkin Exterminating Company, Inc

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF ORKIN EXTERMINATING COMPANY, INC.

CONSENT ORDER, ETC., INREGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3495. Complaint, May 25, 1994--Decision, May 25, 1994 This consent order prohibits, among other things, a Georgia pesticides corporation from advertising or representing that its pesticides used in its lawn care service programs are as safe as some common household products or that they pose no significant risk to human health or the environment, without possessing competent and reliable scientific evidence to substantiate the claims. Appearances For the Commission: Judith Wilkenfeld, Michael Dershowitz and Sydney Knight.

For the respondent: Pro se.

COMPLAINT The Federal Trade Commission, having reason to believe that Orkin Exterminating Company, Inc., (“Orkin” or “respondent”), a corporation, has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges: PARAGRAPH 1. Orkin is a Delaware corporation, with its offices and principal place of business located at 2170 Piedmont Road, N.E., Atlanta, Georgia.

PAR. 2. Orkin has advertised, offered for sale, and sold certain residential lawn care services (“residential lawn care services”’) ' which use pesticides or pesticide products. The pesticides or pesticide products are applied to lawns as a means to prevent, destroy, or repel pests such as weeds, rodents, and insects. PAR. 3. Respondent disseminated or caused to be disseminated advertisements for residential lawn care services. These advertisements were disseminated by various means in or affecting commerce, Complaint 117 F.T.C.

for the purpose of inducing purchases of such residential lawn care services by members of the public.

PAR. 4. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act. PAR. 5. Respondent disseminated or caused to be disseminated advertisements for its residential lawn care services, including but not necessarily limited to, the advertisements attached hereto as Exhibits A and B. The aforesaid advertisements contain the following statements:

(a) In addition, we’ll keep weeds and harmful bugs out, using environmentally safe, biodegradable products that are neither harmful to you nor your soil. [Exhibit A] (b) YOUR ORKIN LAWN CARE PROFESSIONAL PROGRAM Safe, Timely, Effective Applications Under the most accepted product rating scale our applications are rated “practically nontoxic”; the lowest toxicity rating and have lower toxicity rating than many common household products like suntan lotion or shaving cream. Common sense suggests avoiding unnecessary contact with any chemical. In an effort to further promote safety please keep children and pets off sprayed areas for 1-2 hours after application or until materials dry. [Exhibit B] PAR. 6. Through the use of the statements contained in the advertisements referred to in paragraph five, including but not necessarily limited to the advertisements attached as Exhibits A and B, respondent represented, directly or by implication, that: (a) The pesticides it uses in its residential lawn care services, when used as directed in such services, are as safe or safer than common household products such as suntan lotion and shaving cream; and (b) The pesticides it uses in its residential lawn care services, when used as directed in such services, are practically non-toxic and do not pose any significant risk to human health and the environment. PAR. 7. Through the use of the statements contained in the advertisements referred to in paragraph five, including but not necessarily limited to the advertisements attached as Exhibits A and B, respondent represented, directly or by implication, that at the time it made the representations set forth in paragraph six, respondent ORKIN EXTERMINATING COMPANY, INC. 749 747 Complaint possessed and relied upon a reasonable basis that substantiated such representations.

PAR. 8. In truth and in fact, at the time respondent made the representations set forth in paragraph six, respondent did not possess and rely upon a reasonable basis that substantiated such representations. Therefore, the representation set forth in paragraph seven was, and is, false and misleading.

PAR. 9. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act.

750 FEDERAL TRADE COMMI Complaint EXHIBIT SSION DECISIONS A KEEP YOUR LAWN LOOKING BEAUTIFUL We'll put the glow of health back into \ your yard ~ imagine the luxury of letting a pro take care ci ‘your lawn. Making 1 beautifully nick. green and healthy With custom-blende¢ fertilizers Biodegradable weed and insect control producls FREE troubleshooting : calls and a vanerv of sea- 1 sonal treauments for specific | problems Ws true YEAROLND lawn care 1s guaranteed to | help keen vour lawn looking i great. montn after month In i fact. i vour iawn develops a a_i problem berween service calls. al! vou have to do 15 notif us. We'll be out to troubleshoot for vou within 48 hours. at no extra charge’ YEAROUND beauty starts with the basics First top a FREE. NO OBLIGATION Lawn Analisis fo deter- Mune just which nutnents sour iawn needs Ye examine the condition of vour soil. note anv insect acta and specific weeds that need to be eliminated Once vou ve decided t0 give us a tn we Il service vour name a: reguar intervals~al least 5 times a vear—unless JS. t0 stop. EAective and consistent fertilization with our custom-blended nutnents will grow sour lawn greener and thicker in wet IF coc Bin, YES‘ 1d like 2 tree n9-ophrnan i Wh GT2NSIS aay Seed Contre. shrub MAIL THIS CARD TODAY FOR A FREE LAWN ANALYSIS & PRICE QUOTE mm imeresie? in the foiowin WITH A YEAROUND GUARANTEE no time In addition we'll keep weeds and harmful bugs oul. using envrronmentaliy safe. piodegradabie products that are nenther harmful to vou nor vour soti Perk up trees and shrubs Deep root jertulization anc proper insect anc disease control wall go a iong wav to improve the health and vigor of vour trees and shrups So treat these vaiuaple plants to YEAROUNL) Tree & Shrub Care and let them reward vou with extra ft sage. flowering and frunt veg —— & Tree Care oa Fertiicution ane Insect Gontr, tommerciai Landscape Car: Please print cleari:

Name Address cr a:

Phone chome sDusiners”

Em pat nom leave tr ine der ORKIN EXTERMINATING COMPANY, INC. 751 747 Complaint EXHIBIT A - - jre> 40 prea payzene ap wniay ‘sisspeue qruus ~ -” be 89 $08 R901 “ue mud £138 snjd ‘ow who puy OL UPLN Jatypfesy pur Jayotj; Jauaa1B Wak] INOA ayEW OSE |]. 248 1NG PIE:4 1 5 1 4 0 596 1004 624 28 -1 5 1 5 1 4 1 596 1013 15 13 78.168533 ui5 1 5 1 4 2 618 1004 56 28 20.669289 Bunun]5 1 5 1 4 3 687 1012 40 19 10.143585 aaey5 1 5 1 4 4 733 1007 35 19 76.885635 AewW5 1 5 1 4 5 775 1011 31 15 37.863197 NOs5 1 5 1 4 6 812 1004 83 26 35.875740 suia|qosd5 1 5 1 4 7 902 1010 48 19 13.358322 pass 1 5 1 4 8 953 1010 19 20 92.980576 JO5 1 5 1 4 9 978 1010 46 19 29.193085 SPUny5 1 5 1 4 10 1030 1007 19 21 87.824829 OF5 1 5 1 4 11 1056 1009 38 14 46.451530 12.105 1 5 1 4 12 1100 1009 28 15 81.346748 INO5 1 5 1 4 13 1136 1010 40 21 0.000000 admis5 1 5 1 4 14 1181 1008 39 20 0.000000 A}UD4 1 5 1 5 0 592 1028 645 27 -1 5 1 5 1 5 1 592 1036 37 19 22.500183 12g5 1 5 1 5 2 640 1036 64 18 45.255775 ‘Suadxg5 1 5 1 5 3 712 1036 43 18 17.577507 WE]5 1 5 1 5 4 763 1035 53 19 0.000000 Ua!5 1 5 1 5 5 826 1035 25 18 24.896187 IN5 1 5 1 5 6 853 1034 76 19 0.000000 TONYEA5 1 5 1 5 7 935 1034 27 20 45.263100 at?5 1 5 1 5 8 969 1034 32 19 42.699070 [TED5 1 5 1 5 9 1007 1034 63 19 25.637352 {spaers5 1 5 1 5 10 1075 1028 50 25 23.864136 vysad5 1 5 1 5 11 1130 1033 21 19 76.928978 Aq5 1 5 1 5 12 1156 1032 81 20 0.000000 parayrog2 1 6 0 0 0 670 1078 890 155 -1 3 1 6 1 0 0 670 1078 890 155 -1 4 1 6 1 1 0 950 1078 326 48 -1 5 1 6 1 1 1 950 1079 174 47 32.043228 ‘SCTAIM5 1 6 1 1 2 1136 1078 140 46 14.188606 ALSYN4 1 6 1 2 0 670 1128 742 71 -1 5 1 6 1 2 1 670 1179 10 20 31.224274 ;5 1 6 1 2 2 805 1133 157 46 26.252831 UAHLO5 1 6 1 2 3 979 1132 51 47 75.833466 OF5 1 6 1 2 4 1045 1132 123 46 0.000000 WAAO5 1 6 1 2 5 1183 1132 31 46 45.358299 95 1 6 1 2 6 1230 1128 182 48 0.000000 YAAOT)4 1 6 1 3 0 682 1180 878 53 -1 5 1 6 1 3 1 682 1187 268 46 71.143600 NOITAGNVG5 1 6 1 3 2 966 1186 59 45 91.057442 JO5 1 6 1 3 3 1042 1186 82 44 26.688110 Gra5 1 6 1 3 4 1140 1184 87 46 33.224731 1495 1 6 1 3 5 1244 1184 60 46 95.574753 OL5 1 6 1 3 6 1318 1181 115 47 95.574753 MON5 1 6 1 3 7 1449 1180 111 47 75.676544 TIVO2 1 7 0 0 0 1612 1282 155 6 -1 3 1 7 1 0 0 1612 1282 155 6 -1 4 1 7 1 1 0 1612 1282 155 6 -1 5 1 7 1 1 1 1612 1282 155 6 95.000000 2 1 8 0 0 0 586 1280 155 194 -1 3 1 8 1 0 0 586 1280 155 194 -1 4 1 8 1 1 0 586 1280 155 194 -1 5 1 8 1 1 1 586 1280 155 194 95.000000 2 1 9 0 0 0 861 2004 487 7 -1 3 1 9 1 0 0 861 2004 487 7 -1 4 1 9 1 1 0 861 2004 487 7 -1 5 1 9 1 1 1 861 2004 487 7 95.000000 2 1 10 0 0 0 862 2088 486 7 -1 3 1 10 1 0 0 862 2088 486 7 -1 4 1 10 1 1 0 862 2088 486 7 -1 5 1 10 1 1 1 862 2088 486 7 95.000000 2 1 11 0 0 0 588 1308 1195 906 -1 3 1 11 1 0 0 588 1308 1195 906 -1 4 1 11 1 1 0 1657 1308 62 13 -1 5 1 11 1 1 1 1657 1308 25 13 58.721550 Bule5 1 11 1 1 2 1688 1308 31 12 71.216629 Rare4 1 11 1 2 0 1647 1326 82 15 -1 5 1 11 1 2 1 1647 1326 18 13 55.118614 US5 1 11 1 2 2 1674 1326 55 15 93.289078 Postage4 1 11 1 3 0 1673 1343 30 13 -1 5 1 11 1 3 1 1673 1343 30 13 67.467407 PAID4 1 11 1 4 0 1655 1363 66 11 -1 5 1 11 1 4 1 1655 1363 66 11 0.000000 Yegrounc4 1 11 1 5 0 1645 1404 85 14 -1 5 1 11 1 5 1 1645 1405 28 13 1.022575 CARS 1 11 1 5 2 1679 1404 51 13 1.022575 RTSER4 1 11 1 6 0 590 1498 132 18 -1 5 1 11 1 6 1 590 1499 14 17 54.425880 325 1 11 1 6 2 613 1499 16 15 54.425880 A’5 1 11 1 6 3 637 1498 43 16 95.688202 Palma5 1 11 1 6 4 688 1498 34 15 64.232407 Dove4 1 11 1 7 0 589 1522 112 17 -1 5 1 11 1 7 1 589 1526 39 12 0.000000 aura,5 1 11 1 7 2 637 1523 17 14 85.314476 CA5 1 11 1 7 3 661 1522 40 17 85.314476 930034 1 11 1 8 0 589 1589 134 17 -1 5 1 11 1 8 1 589 1590 23 16 84.328300 FE,5 1 11 1 8 2 620 1589 85 17 93.271965 EFFECTIVE5 1 11 1 8 3 712 1589 11 16 93.269638 &4 1 11 1 9 0 591 1615 81 17 -1 5 1 11 1 9 1 591 1615 81 17 91.867661 FORDABLE4 1 11 1 10 0 590 1648 179 17 -1 5 1 11 1 10 1 590 1649 79 16 43.999207 rtilization,5 1 11 1 10 2 676 1648 42 17 87.593254 Weed.5 1 11 1 10 3 728 1648 41 17 96.392372 Insect4 1 11 1 11 0 592 1674 142 18 -1 5 1 11 1 11 1 592 1675 53 17 95.707710 Diseases 1 11 1 11 2 652 1675 55 17 81.986572 Controls 1 11 1 11 3 715 1674 19 17 96.536369 fora 1 11 1 12 0 590 1701 155 17 -1 5 1 11 1 12 1 590 1705 33 13 90.027008 wns.5 1 11 1 12 2 630 1701 38 17 92.600136 Trees5 1 11 1 12 3 674 1701 12 16 92.600136 &5 1 11 1 12 4 694 1701 51 16 96.906212 Shrubs4 1 11 1 13 0 588 1734 194 16 -1 5 1 11 1 13 1 588 1734 81 16 53.581623 xestdential5 1 11 1 13 2 676 1737 9 9 80.533531 ©5 1 11 1 13 3 691 1734 91 16 90.366806 Commercial4 1 11 1 14 0 588 1762 162 20 -1 5 1 11 1 14 1 588 1767 28 12 78.593483 rear5 1 11 1 14 2 623 1762 49 17 95.877464 Rounds 1 11 1 14 3 681 1762 69 20 92.092094 Servicing4 1 11 1 15 0 589 1788 145 18 -1 5 1 11 1 15 1 589 1788 85 18 82.535072 suaranteed5 1 11 1 15 2 682 1789 52 16 60.940887 Results4 1 11 1 16 0 1461 1836 288 79 -1 5 1 11 1 16 1 1461 1837 4 78 93.805374 |5 1 11 1 16 2 1479 1836 13 78 57.597633 |5 1 11 1 16 3 1505 1836 13 78 81.818230 |5 1 11 1 16 4 1531 1836 4 78 94.429466 |5 1 11 1 16 5 1642 1881 23 14 96.103302 NO5 1 11 1 16 6 1672 1881 77 14 95.135155 POSTAGE4 1 11 1 17 0 1645 1900 102 15 -1 5 1 11 1 17 1 1645 1900 102 15 95.803314 NECESSARY4 1 11 1 18 0 1656 1920 80 14 -1 5 1 11 1 18 1 1656 1920 12 13 82.667595 IF5 1 11 1 18 2 1675 1920 61 14 96.332344 MAILED4 1 11 1 19 0 1669 1940 52 14 -1 5 1 11 1 19 1 1669 1941 15 12 86.631058 IN5 1 11 1 19 2 1690 1940 31 14 86.631058 THEA 1 11 1 20 0 1633 1959 128 15 -1 5 1 11 1 20 1 1633 1960 61 14 96.720276 UNITED5 1 11 1 20 2 1700 1959 61 15 96.871109 STATES4 1 11 1 21 0 1614 2001 165 11 -1 5 1 11 1 21 1 1614 2001 165 11 50.963409 Eee4 1 11 1 22 0 896 2018 884 32 -1 5 1 11 1 22 1 896 2019 188 31 96.072754 BUSINESS5 1 11 1 22 2 1099 2019 115 30 95.991608 REPLY5 1 11 1 22 3 1228 2018 85 29 95.991608 MAILS 1 11 1 22 4 1614 2021 166 10 56.114864 ———4 1 11 1 23 0 1615 2040 165 11 -1 5 1 11 1 23 1 1615 2040 165 11 36.472061 Ee4 1 11 1 24 0 895 2060 886 20 -1 5 1 11 1 24 1 895 2066 108 14 19.364204 FIRSTCLASS5 1 11 1 24 2 1044 2065 92 15 19.364204 PERMITNO5 1 11 1 24 3 1147 2066 26 14 36.936089 9365 1 11 1 24 4 1197 2055 9 32 18.494324 =5 1 11 1 24 5 1212 2064 71 15 68.999107 OXNARD.5 1 11 1 24 6 1293 2064 22 14 68.999107 CA5 1 11 1 24 7 1615 2060 166 11 13.182846 —4 1 11 1 25 0 1615 2080 166 11 -1 5 1 11 1 25 1 1615 2080 166 11 21.650116 el4 1 11 1 26 0 945 2100 836 19 -1 5 1 11 1 26 1 945 2104 77 15 96.774765 POSTAGE5 1 11 1 26 2 1030 2105 37 13 21.664879 WILL5 1 11 1 26 3 1075 2104 19 14 96.759323 BE5 1 11 1 26 4 1102 2104 37 14 95.974167 PAID5 1 11 1 26 5 1150 2104 16 14 95.586716 BY5 1 11 1 26 6 1170 2103 101 15 95.586716 ADDRESSEES 1 11 1 26 7 1615 2100 166 10 0.000000 —4 1 11 1 27 0 1615 2119 166 11 -1 5 1 11 1 27 1 1615 2119 166 11 30.836571 eel4 1 11 1 28 0 1616 2139 166 11 -1 5 1 11 1 28 1 1616 2139 166 11 0.000000 ———Eee4 1 11 1 29 0 947 2159 835 29 -1 5 1 11 1 29 1 947 2164 90 19 91.435081 YEAROUND5 1 11 1 29 2 1048 2165 43 18 96.494690 Lawn5 1 11 1 29 3 1101 2165 35 18 96.018692 Cares 1 11 1 29 4 1146 2166 54 22 70.435547 Exper:5 1 11 1 29 5 1616 2159 166 11 28.697708 ea4 1 11 1 30 0 949 2193 834 21 -1 5 1 11 1 30 1 949 2193 37 21 61.197056 24325 1 11 1 30 2 1001 2196 10 15 61.197056 A5 1 11 1 30 3 1026 2193 50 19 84.226364 Paima5 1 11 1 30 4 1087 2193 40 19 61.970154 Lrve5 1 11 1 30 5 1617 2199 166 10 15.899353 ee2 1 12 0 0 0 947 2222 155 20 -1 3 1 12 1 0 0 947 2222 155 20 -1 4 1 12 1 1 0 947 2222 155 20 -1 5 1 12 1 1 1 947 2223 62 18 77.877510 Ventura5 1 12 1 1 2 1025 2222 21 18 70.104950 C45 1 12 1 1 3 1055 2222 47 20 68.038635 S800 Complaint 117 F.T.C.

EXHIBIT B Your Orkin Lawn Care Professional Program Safe, Timely, Effective Applications Your Orkin Lawn Care program consists of six treatments with the safest, most effective materials available. Our specialized equipment allows us to treat your lawn for its unique problems and characteristics. We recognize that every lawn is different and we can tailor our applications to fit individual needs. Your Orkin lawn specialist has been thoroughly trained in the science of lawn care. He understands weeds, insects, and diseases. He knows what to apply and when to apply it. Every Orkin lawn specialist has passed a written exam in order to be licensed.

Orkin Lawn Care has always placed a major emphasis on the subject of proper use of lawn care materials from the perspective of our employees, our customers and the public at large.

Our six application program involves the discriminate use of pesticides. A pesticide is a material used to destroy a pest or protect your landscape from a pest. A pest is an unwanted organism [ie: weed, insect, fungus, etc.]. Pesticides are not for amateurs. To protect people and the environment, pesticide applicators must be professionally trained and licensed by their respective state [as required]. Orkin Lawn Care follows all EPA standards for pesticide handling and use. All of our pesticides are registered by the U.S. Environmental Protection Agency and the appropriate state agency. State law requires that you be given a certain label information for pesticides applied to your landscape. This information is enclosed for your review. Should you have questions, refer to your local branches. It should be understood this label information is representative of the product in its concentrated form. This would therefore, represent the product only if and when handled by your Orkin lawn specialist at the time of mixing. As an example, our standard spray mix of our round two insecticide is diluted over five hundred times. [e.g. five hundred parts water to each part insecticide. ] Under the most accepted product rating scale our applications are rated “practically nontoxic”; the lowest toxicity rating and have lower toxicity rating than many common household products like suntan lotion or shaving cream. Common sense suggests avoiding unnecessary contact with any chemical. In an effort to further promote safety please keep children and pets off sprayed areas for 1-2 hours after application or until materials dry. Should you ever have questions or desire additional information, feel free to contact your local branch office at your earliest convenience. ORKIN EXTERMINATING COMPANY, INC. 753 747 Decision and Order 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 the respondent with violation of the Federal Trade Commission Act; and The respondent, its attorney, and counsel for the 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 complaint, a statement that the signing of the 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 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, and having duly considered the comment received, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings, and enters the following order:

1. Respondent Orkin Exterminating Company, Inc. is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware with its offices and principal place of business located at 2170 Piedmont Road, N.E., Atlanta, Georgia. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

Decision and Order 117 F.T.C.

ORDER For the purposes of this order:

1. “Pesticide” shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest (as defined in 40 CFR 152.5) or intended for use as a plant regulator, defoliant, or desiccant.

2. “Pesticide Product” shall mean a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, delivered or applied. I.

It is ordered, That respondent Orkin Exterminating Company, Inc., a corporation, its successors and assigns, and its officers, representatives, agents and employees, directly or through any corporation, subsidiary, division or other device, in connection with the advertising, labeling, offering for sale, sale, distribution or use of any residential lawn care services which use any pesticide or pesticide product, in or affecting commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

A. Representing in any manner, directly or by implication, that: 1. The pesticides it uses in its residential lawn care services, when used as directed in such services, are as safe or safer than common household products such as suntan lotion and shaving cream; or 2. The pesticides it uses in its residential lawn care services, when used as directed in such services, are practically nontoxic and do not pose any significant risk to human health and the environment; or B. Making any representation in any manner, directly or by implication, concerning the safety or degree of risk to human health or the environment of any pesticides it uses in its residential lawn care services, unless, at the time of making such representation, respondent possesses and relies upon competent and reliable ORKIN EXTERMINATING COMPANY, INC. 755 747 Decision and Order scientific evidence that substantiates the representation. For purposes of this order, “competent and reliable scientific evidence” shall mean tests, analyses, research, studies, or other evidence that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted by others in the profession or science to yield accurate and reliable results. Provided however, that nothing in this order shall prohibit respondent from disseminating (1) any pesticide label approved by the United States Environmental Protection Agency, or (2) any Material Safety Data Sheets prepared pursuant to 29 CFR 1910.1200 by a source other than respondent or its agent, unless at the time of dissemination of the Material Safety Data Sheets respondent knew or should have known that the representation was deceptive. II.

It is further ordered, That for five (5) years after the last date of dissemination of any representation covered by this order, respondent, or its successors or assigns, shall maintain and upon request make available to the Federal Trade Commission for inspection and copying:

A. All materials that were relied upon to substantiate any representation covered by this order; and B. All tests, reports, studies, surveys, demonstrations or other evidence in its possession or control that contradict, qualify, or call into question such representation, or the basis relied upon for such representation.

II.

It is further ordered, That respondent shall forthwith distribute a copy of this order to each of its operating divisions and to each of its officers, agents, representatives or employees engaged in the preparation and placement of advertisements or other such sales materials covered by this order.

Decision and Order 117 F.T.C.

IV.

It is further ordered, That respondent shall notify the Commission at least thirty (30) days prior to any proposed change in the corporation such as a dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations under this order.

V.

It is further ordered, That respondent shall, within sixty (60) days after service of this order upon it, and at such other times as the Commission may require file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with this order.

‘W.D.LA CORPORATION, ET AL. 757 757 Complaint