December 2009

On Tuesday, the Senate Commerce Committee considered the nominations of Julie Simone Brill and Edith Ramirez to be commissioners at the Federal Trade Commission.

Committee Chairman Jay Rockefeller (D-WV) noted that Ms Brill has spent her career in state Attorneys General offices advocating on behalf of consumers and said he hoped she will help the FTC work more closely with state Attorney General divisions to leverage and increase enforcement against those who target consumers, especially the most vulnerable. Ms Brill said, "The FTC has been cracking down on those who hunt for easy prey. We can build on this work, and focus on the dramatic rise in scams designed to take advantage of consumers' economic insecurity. At the same time, we must continue our efforts to educate consumers so they can better protect themselves by making responsible choices."

Ms Ramirez has extensive experience in complex business litigation. Chairman Rockefeller said, "I appreciate her critical eye for mergers and business combinations which may potentially harm consumers. Ms Ramirez said, "Now, in these difficult economic times, the need to be vigilant and aggressive in protecting American consumers is especially pressing. The Commission's duty to combat deceptive and unfair business practices and to foster competition has never been greater, particularly in the areas that have the greatest impact on the daily lives of ordinary Americans such as financial services, healthcare, energy, and technology."

The Federal Communications Commission is considering closing a loophole that allows cable television operators to withhold sporting events and other popular programming that they own from rival providers such as satellite TV. FCC staff has prepared an order to eliminate the loophole and plans to send it to the agency's five commissioners on Wednesday. It was not immediately clear when the commissioners will vote on the order. The order comes as the commission begins its regulatory review of Comcast's proposal to buy a controlling stake in NBC Universal from General Electric Co. Although the two matters are separate, some analysts expect the FCC to close the terrestrial loophole for Comcast as a condition of regulatory approval for that deal. Cable TV operators including Comcast Corp. and Cox Communications Inc. have relied on the loophole to deny programming to competitors such as DirecTV Inc., Echostar Corp.'s Dish Network and AT&T Inc. U-Verse video service.

The Interagency Working Group (IWG), comprising representatives from four government agencies, has unveiled tentative, proposed standards for marketing food to children between the ages of 2 and 17. The proposal was outlined at the end of an all-day Federal Trade Commission public hearing on food marketing and childhood obesity. The IWG -- comprising the FTC, the Department of Agriculture's Center for Nutrition Policy and Promotion, the Centers for Disease Control and the Federal Drug Administration -- has been charged with developing recommended nutritional standards for consumers under 17 by July.

The core proposed standards outlined include:

1. Standard I foods: A group of foods that would be exempt from the Standards II and III. Standard I foods would include 100% fruit and fruit juices in all forms and 100% vegetables and vegetable juices in all forms (as long as the vegetables/vegetable juices do not exceed 140 mg of sodium per "RACC," or Referenced Amount Customarily Consumed, as defined by the FDA). 100% is defined as no added nutritive or non-nutritive sweeteners, and no other functional ingredients added to the product (with the exceptions of flavoring for water, milk and yogurt).
2. Standards II and III below are meant to work together, not separately, according to the IWG. Standard II foods: These are foods that must provide a "meaningful contribution to a healthful diet" for children. The IWG is considering, and asking for input on, two possible options under this standard: Under "Option A," Standard II foods would need to contain at least 50%, by weight, of one or more of the following: fruit, vegetables, whole grain, fat-free or low-fat milk or yogurt, fish, extra-lean meat or poultry, eggs, nuts and seeds, or beans. Under "Option B," Standard II foods would need to contain one or more of the following, per RACC guidelines: 0.5 cups fruit or fruit juice; 0.6 cups vegetables or vegetable juice; 0.75 oz. equivalent of 100% whole grain; 0.75 cups milk or yogurt or 1 oz. natural cheese or 1.5 oz. processed cheese; 1.4 oz. meat equivalent of fish or extra-lean meat or poultry; 0.3 cups cooked, dry beans; 0.7 oz. nuts or seeds; or one egg or egg equivalent.
3. Standard III foods: These are nutrients to be limited. Saturated fats would be limited to 1 gram or less per RACC and not more than 15% of calories. Trans fats would be limited to zero grams (less than 0.5 grams) per RACC. Sugar would be limited to no more than 13 grams of added sugars per RACC. (For foods with a small RACC -- 30 grams or less, or two tablespoons or less -- these criteria refer to the amount per 50 grams of food.) Sodium would be limited to no more than 200 mg per portion. This is described as an "interim" level; the goal over time would decrease to 140 mg per RACC.

The Parents Television Council has filed an indecency complaint against Family Guy, a show that is frequently in PTC's dog house over its edgy content. This time, PTC is complaining about the Dec. 13 episode featuring a scene with a stripper.