Notice2022-17017
Weber-Stephen Products LLC; Analysis of Proposed Consent Order To Aid Public Comment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2022
Issuing agencies
Federal Trade Commission
Abstract
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order--embodied in the consent agreement-- that would settle these allegations.
Full Text
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<title>Federal Register, Volume 87 Issue 152 (Tuesday, August 9, 2022)</title>
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[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48478-48480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17017]
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FEDERAL TRADE COMMISSION
[File No. 212 3139]
Weber-Stephen Products LLC; Analysis of Proposed Consent Order 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 of Proposed Consent Order to Aid
Public Comment describes both the allegations in the draft 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 September 8, 2022.
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. Please write ``Weber-Stephen
Products LLC; File No. 212 3139'' on your comment and file your comment
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by following the instructions on
the web-based form. If you prefer to file your comment on paper, please
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.
[[Page 48479]]
FOR FURTHER INFORMATION CONTACT: Melissa Dickey (202-326-2662), 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
at <a href="https://www.ftc.gov/news-events/commission-actions">https://www.ftc.gov/news-events/commission-actions</a>.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before September 8,
2022. Write ``Weber-Stephen Products LLC; File No. 212 3139'' 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
Because of 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
website.
If you prefer to file your comment on paper, write ``Weber-Stephen
Products LLC; File No. 212 3139'' 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.
Because your comment will be placed on the publicly accessible
website at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, you are solely responsible for
making sure your comment does not include any sensitive or confidential
information. In particular, your comment should not include 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 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> website--as legally
required by FTC Rule 4.9(b)--we cannot redact or remove your comment
from that 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 <a href="http://www.ftc.gov">http://www.ftc.gov</a> to read this document
and the news release describing the proposed settlement. The FTC Act
and other laws 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 September 8, 2022. For information on the
Commission's privacy policy, including routine uses permitted by the
Privacy Act, see <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (the ``Commission'') has accepted,
subject to final approval, an agreement containing a consent order from
Weber-Stephen Products LLC. (``Respondent'' or ``Weber''). The proposed
consent order (``Proposed Order'') has been placed on the public record
for 30 days for receipt of comments by interested persons. Comments
received during this period will become part of the public record.
After 30 days, the Commission will again review the agreement, along
with any comments received, and will decide whether it should withdraw
from the agreement and take appropriate action or make final the
Proposed Order.
This matter involves the warranty Weber offers to purchasers of its
gas and electric grills. According to the Commission's complaint, the
warranty is conditioned on purchasers using authorized Weber parts and
accessories; otherwise, the warranty is void. Based on the foregoing,
the Commission alleges that Respondent violated the Magnuson-Moss
Warranty Act and regulations promulgated thereunder and engaged in
deceptive acts or practices in violation of Section 5(a) of the FTC
Act.
The Proposed Order contains injunctive provisions addressing the
alleged deceptive conduct. Section I prohibits Respondent from
expressly or implicitly conditioning a warranty on a consumer's use of
any article or service which is identified by brand, trade, or
corporate name, unless the article or service is offered for free or
the Commission has issued a waiver to the company, or from otherwise
violating the Warranty Act or the Rules promulgated thereunder. Section
II prohibits Respondent from representing to consumers, expressly or by
implication, (a) that its warranties will be void if they use third-
party parts or services or if they modify or alter the product without
authorization, or (b) as a condition of warranty coverage, or within
the written warranty, that consumers must use only genuine or
authorized parts. Under Section II, Respondent may expressly exclude
liability for defects or damage caused by unauthorized or third-party
parts or service, or expressly exclude liability for unauthorized
conversions of a gas grill to use a different fuel type (e.g., liquid
propane to natural gas, or vice versa). Section II also requires
Respondent to include language in the warranty that both affirmatively
notifies consumers of their rights to use third-party parts under the
Magnuson-Moss Warranty Act and enjoins Respondent from misrepresenting
any material facts to consumers about the warranty.
Section III requires Respondent to inform its customers that its
warranty has been updated, and that the updated warranty is not
conditioned on the use of authorized parts. Respondent must clearly and
conspicuously post and keep on its website, and on its smartphone/
tablet app, the notice and its updated warranty terms, and it must
submit reports regarding its notification program.
[[Page 48480]]
Sections IV through VII of the Proposed Order are reporting and
compliance provisions, which include recordkeeping requirements and
provisions requiring Respondent to provide information or documents
necessary for the Commission to monitor compliance with the Proposed
Order. Section VIII states that the Proposed Order will remain in
effect for 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 complaint or Proposed Order, or to modify in any
way the Proposed Order's terms.
By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2022-17017 Filed 8-8-22; 8:45 am]
BILLING CODE 6750-01-P
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