Kroger Co.
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[ 6750-01 ] {Docket No. 9040] PART 13— PROHIBITED TRADE PRAC TICES, AND AFFIRMATIVE CORRECTIVE ACTIONS Kroger Co.
AGENCY: Federal Trade Commission. ACTION: Order to cease and desist. SUMMARY: In settlement of alleged violations of Federal law prohibiting un fair acts and practices and unfair meth ods of competition, this consent order, among other things, requires a Cincin nati, Ohio retail food store chain to make each of its advertised items readily avail able for sale to customers in its stores, to have advertised items correctly priced, and to sell those items at or below the advertised price. Further, the firm must post copies of advertisements and notices of the availability of “rainchecks” for unavailable items.
DATES:
Complaint issued June 24, 1975. Order issued Nov. 11, 1977.1 FOR FURTHER INFORMATION CON TACT:
Richard C. Foster, Assistant Director of Marketing Practices, Bureau of Con sumer Protection, Federal Trade Com mission, 6th St. and Pennsylvania Ave. NW., Washington, D.C. 20580, 202-523-3355.
SUPPLEMENTARY INFORMATION:
On Wednesday, May 11, 1977, there was published in the F ederal R egister 42 FR ' » Copies of the Complaint and the Decision and Order filed with the original document. FEDERAL REGISTER, V O L 42, NO. 240— WEDNESDAY, DECEMBER 14, 1977
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RULES AND REGULATIONS 62913 23843, a proposed consent agreement with analysis In the Matter of The Kroger Co., a corporation, for the pur pose of soliciting public comment. In terested parties were given sixty (60) days in which to submit comments, sug gestions, or objections regarding the pro posed form of order.
Comments were received and consid ered by the Commission.
The Commission has ordered the issu ance of the complaint in the form con templated by the agreement, made its jurisdictional findings and entered its order to cease and desist, as set forth in the proposed consent agreement, in dis position of this proceeding. The prohibited trade practices and/or corrective actions, as codified under 16 CFR Part 13, are as follows: Subpart— Advertising Falsely or Mislead ingly: § 13.10 Advertising falsely or mislead ingly; 13.10-1 Availability of merchandise and/or facilities; § 13.180 Quantity; 13.180- 30 In stock; § 13.205 Scientific or other rele vant facts. Subpart— Corrective Actions and/ or Requirements: § 13.533 Corrective actions and/or requirements; 13.533-20 Disclosures; 13.533-25 Displays, in-house; 13.533-45 Main tain records. Subpart— Disseminating Ad vertisements:
§ 13.1043 Disseminating ad vertisements.
Subpart — Misrepresenting Oneself and Goods— Goods: § 13.1572 Avail ability of advertised merchandise and/or facilities; § 13.1720 Quantity; § 13.1740 Sci entific or other relevant facts. Subpart— Neglecting, Unfairly or Deceptively, to Make Material Disclosure: § 13.1895 Scientific or other relevant facts. Subpart—Offering Un fair, Improper and Deceptive Inducements to Purchase or Deal: § 13.2003 Scientific or other relevant facts.
(Sec. 6, 38 Stat. 721; (15 U.S.C. 46). Inter prets or applies sec. 5, 38 Stat. 719, as amended; (15 U.S.C. 45).) C arol M . T h o m a s, Secretary.
[FR Doc.77-35634 Filed 12-14-77;8:45 am]