Solicitation and Leafletting Procedures at National and Dulles International Airports
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FEDERAL TRADE COMMISSION 16 CFR Part 3 | •; " | Rules of Practice for Adjudicative Procedures AGENCY: Federal Trade Commission. a c t io n : Final rule. s u m m a r y : The Federal Trade Commission, pursuant to the Federal Trade Commission Act, as amended by Pub. L. 96-252, is revising rule 3.40(a) of its rules of practice to insert a reference to new section 20 of the FTC Act. This change supplements rules changes published on May 29,1980,45 Fed. Reg. 36338.
EFFECTIVE DATE: This rule change is effective July 7,1980.
FOR FURTHER INFORMATION CONTACT: Barry R. Rubin, Assistant General Counsel, Federal Trade Commission, Washington, D.C. 20580 (202) 523-3520. SUPPLEMENTARY INFORMATION: The Commission hereby revises rule 3.40(a) to read as follows:
§ 3.40 Admissibility of evidence in advertising substantiation cases. (a) If a person, partnership, or corporation is required through compulsory process under Section 6, 9 or 20 of the Act issued after October 26, 1977 to submit to the Commission substantiation in support of an express or an implied representation contained in an advertisement, such person, partnership or corporation shall not thereafter be allowed, in any adjudicative proceeding in which it is alleged that the person, partnership, or corporation lacked a reasonable basis for the representation, and for any purpose relating to the defense of such allegation, to introduce into the record, whether directly or indirectly through references contained in documents or oral testimony, any material of any type whatsoever that was required to be but was not timely submitted in response to said compulsory process. Provided, however, that à person, partnership, or corporation is not, within the meaning of this section, required through compulsory process to submit substantiation with respect to those portions of said compulsory process to which such person, partnership, or corporation has raised good faith legal objections in a timely motion pursunt to the Commission’s Rules of Practice and Procedure, until the Commission denies such motion; or if the person, partnership, or corporation thereafter continues to refuse to comply, until such process has been judically enforced. * * * * * (Sec. 6(g), 38 Stat. 721,15 U.S.C. 46; 80 Stat. 383, as amended, 5 U.S.C. 552) By direction of the Commission. Carol M. Thomas, Secretary.
[FR Doc. 80-20284 Filed 7-3-80; 8)