81 FR 51899 - Very Incognito Technologies, Inc., Doing Business as Vipvape

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 151 (August 5, 2016)

Page Range		51899-51899
FR Document		2016-18566

The Commission has approved a final consent order in this matter, settling alleged violations of federal law prohibiting deceptive acts or practices. The attached Analysis to Aid Public Comment describes both the allegations in the Complaint and the terms of the Decision and Order.

Federal Register, Volume 81 Issue 151 (Friday, August 5, 2016)

[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Page 51899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18566]


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FEDERAL TRADE COMMISSION

[File No. 1623034, Docket No. C-4580]


Very Incognito Technologies, Inc., Doing Business as Vipvape

AGENCY: Federal Trade Commission.

ACTION: Consent order.

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SUMMARY: The Commission has approved a final consent order in this 
matter, settling alleged violations of federal law prohibiting 
deceptive acts or practices. The attached Analysis to Aid Public 
Comment describes both the allegations in the Complaint and the terms 
of the Decision and Order.

DATES: Issued on June 21, 2016.

SUPPLEMENTARY INFORMATION: 

Analysis of Agreement Containing Consent Order To Aid Public Comment

    The Federal Trade Commission (``FTC'' or ``Commission'') has 
approved a final consent order applicable to Very Incognito 
Technologies, Inc. dba Vipvape (``Vipvape'').
    The consent order was placed on the public record for thirty (30) 
days for receipt of comments by interested persons. Comments received 
during this period became part of the public record. After the public 
comment period, the Commission reviewed the agreement and the comments 
received, and determined to make the proposed order final.
    This matter concerns allegedly false representations that Vipvape 
made to consumers concerning its participation in the Asia-Pacific 
Economic Cooperation (``APEC'') Cross Border Privacy Rules (``CBPR'') 
system. The APEC CBPR system is a voluntary, enforceable mechanism that 
certifies a company's compliance with the principles in the CBPR and 
facilitates privacy-respecting transfers of data amongst APEC member 
economies. The APEC CBPR system is based on nine data privacy 
principles: Preventing harm, notice, collection limitation, use choice, 
integrity, security safeguards, access and correction, and 
accountability. Companies that seek to participate in the APEC CBPR 
system must undergo a review by an APEC-recognized Accountability 
Agent, which certifies companies that meet the standards.
    Companies under the FTC's jurisdiction are eligible to apply for 
APEC CBPR certification. The names of certified companies are posted on 
a public-facing Web site, www.cbprs.org. Companies must re-apply 
annually in order to retain their status as current participants in the 
APEC CBPR system. A company that falsely claims APEC CBPR participation 
may be subject to an enforcement action based on the FTC's deception 
authority under Section 5 of the FTC Act.
    Vipvape makes and distributes hand-held vaporizers. According to 
the Commission's complaint, Vipvape has set forth on its Web site, 
https://www.vipvape.com/content/legal/warranty/privacy, privacy 
policies and statements about its practices, including statements 
related to its participation in the APEC CBPR system.
    The Commission's complaint alleges that Vipvape falsely represented 
that it was a participant in the APEC CBPR system when, in fact, it 
never sought or obtained certification.
    Part I of the order prohibits Vipvape from making 
misrepresentations about its participation in any privacy or security 
program sponsored by a government or any self-regulatory or standard-
setting organization, including, but not limited to, the APEC CBPR 
system.
    Parts II through VI of the order are reporting and compliance 
provisions. Part II requires acknowledgment of the order and 
dissemination of the order now and in the future to persons with 
responsibilities relating to the subject matter of the order. Part III 
ensures notification to the FTC of changes in corporate status and 
mandates that Vipvape submit an initial compliance report to the FTC. 
Part IV requires Vipvape to retain documents relating to its compliance 
with the order for a five-year period. Part V mandates that Vipvape 
make available to the FTC information or subsequent compliance reports, 
as requested. Part VI is a provision that ``sunsets'' the order on June 
21, 2036, with certain exceptions.
    The purpose of this analysis, which was placed on the Commission 
Web site on May 4, 2016, was to facilitate public comment on the 
proposed order. It is not intended to constitute an official 
interpretation of the complaint or order or to modify the order's terms 
in any way.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-18566 Filed 8-4-16; 8:45 am]
 BILLING CODE 6750-01-P

Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51899

undermine competition in the certifies companies that meet the By direction of the Commission.
pharmaceutical industry. standards. Donald S. Clark,
By direction of the Commission. Companies under the FTC’s Secretary.
Donald S. Clark, jurisdiction are eligible to apply for [FR Doc. 2016–18566 Filed 8–4–16; 8:45 am]
Secretary. APEC CBPR certification. The names of BILLING CODE 6750–01–P

[FR Doc. 2016–18562 Filed 8–4–16; 8:45 am] certified companies are posted on a
BILLING CODE 6750–01–P public-facing Web site, www.cbprs.org.
Companies must re-apply annually in FEDERAL TRADE COMMISSION
order to retain their status as current [File No. 161–0102]
FEDERAL TRADE COMMISSION participants in the APEC CBPR system.
A company that falsely claims APEC Mylan N.V.; Analysis To Aid Public
[File No. 1623034, Docket No. C–4580] CBPR participation may be subject to an Comment
enforcement action based on the FTC’s AGENCY: Federal Trade Commission.
Very Incognito Technologies, Inc., deception authority under Section 5 of
Doing Business as Vipvape ACTION: Proposed consent agreement.
the FTC Act.
AGENCY: Federal Trade Commission. SUMMARY: The consent agreement in this
Vipvape makes and distributes hand-
matter settles alleged violations of
ACTION: Consent order. held vaporizers. According to the
federal law prohibiting unfair methods
Commission’s complaint, Vipvape has of competition. The attached Analysis to
SUMMARY: The Commission has set forth on its Web site, https://
approved a final consent order in this Aid Public Comment describes both the
www.vipvape.com/content/legal/ allegations in the complaint and the
matter, settling alleged violations of
warranty/privacy, privacy policies and terms of the consent orders—embodied
federal law prohibiting deceptive acts or
statements about its practices, including in the consent agreement—that would
practices. The attached Analysis to Aid
statements related to its participation in settle these allegations.
Public Comment describes both the
allegations in the Complaint and the the APEC CBPR system. DATES: Comments must be received on
terms of the Decision and Order. The Commission’s complaint alleges or before August 29, 2016.
DATES: Issued on June 21, 2016. that Vipvape falsely represented that it ADDRESSES: Interested parties may file a
SUPPLEMENTARY INFORMATION:
was a participant in the APEC CBPR comment at https://
system when, in fact, it never sought or ftcpublic.commentworks.com/ftc/
Analysis of Agreement Containing obtained certification. mylanmedaconsent online or on paper,
Consent Order To Aid Public Comment by following the instructions in the
Part I of the order prohibits Vipvape
The Federal Trade Commission from making misrepresentations about Request for Comment part of the
(‘‘FTC’’ or ‘‘Commission’’) has approved SUPPLEMENTARY INFORMATION section
its participation in any privacy or
a final consent order applicable to Very below. Write ‘‘In the Matter of Mylan
security program sponsored by a
Incognito Technologies, Inc. dba N.V., File No. 161–0102—Consent
government or any self-regulatory or
Vipvape (‘‘Vipvape’’). Agreement’’ on your comment and file
standard-setting organization, including,
The consent order was placed on the your comment online at https://
but not limited to, the APEC CBPR ftcpublic.commentworks.com/ftc/
public record for thirty (30) days for system.
receipt of comments by interested mylanmedaconsent by following the
persons. Comments received during this Parts II through VI of the order are instructions on the web-based form. If
period became part of the public record. reporting and compliance provisions. you prefer to file your comment on
After the public comment period, the Part II requires acknowledgment of the paper, write ‘‘In the Matter of Mylan
Commission reviewed the agreement order and dissemination of the order N.V., File No. 161–0102—Consent
and the comments received, and now and in the future to persons with Agreement’’ on your comment and on
determined to make the proposed order responsibilities relating to the subject the envelope, and mail your comment to
final. matter of the order. Part III ensures the following address: Federal Trade
This matter concerns allegedly false notification to the FTC of changes in Commission, Office of the Secretary,
representations that Vipvape made to corporate status and mandates that 600 Pennsylvania Avenue NW., Suite
consumers concerning its participation Vipvape submit an initial compliance CC–5610 (Annex D), Washington, DC
in the Asia-Pacific Economic report to the FTC. Part IV requires 20580, or deliver your comment to the
Cooperation (‘‘APEC’’) Cross Border Vipvape to retain documents relating to following address: Federal Trade
Privacy Rules (‘‘CBPR’’) system. The its compliance with the order for a five- Commission, Office of the Secretary,
APEC CBPR system is a voluntary, Constitution Center, 400 7th Street SW.,
year period. Part V mandates that
enforceable mechanism that certifies a 5th Floor, Suite 5610 (Annex D),
Vipvape make available to the FTC
company’s compliance with the Washington, DC 20024.
information or subsequent compliance
principles in the CBPR and facilitates FOR FURTHER INFORMATION CONTACT:
reports, as requested. Part VI is a
privacy-respecting transfers of data Christina Perez (202–326–2350), Bureau
provision that ‘‘sunsets’’ the order on
amongst APEC member economies. The of Competition, 600 Pennsylvania
June 21, 2036, with certain exceptions.
APEC CBPR system is based on nine Avenue NW., Washington, DC 20580.
data privacy principles: Preventing The purpose of this analysis, which SUPPLEMENTARY INFORMATION: Pursuant
mstockstill on DSK3G9T082PROD with NOTICES

harm, notice, collection limitation, use was placed on the Commission Web site to Section 6(f) of the Federal Trade
choice, integrity, security safeguards, on May 4, 2016, was to facilitate public Commission Act, 15 U.S.C. 46(f), and
access and correction, and comment on the proposed order. It is FTC Rule 2.34, 16 CFR 2.34, notice is
accountability. Companies that seek to not intended to constitute an official hereby given that the above-captioned
participate in the APEC CBPR system interpretation of the complaint or order consent agreement containing consent
must undergo a review by an APEC- or to modify the order’s terms in any orders to cease and desist, having been
recognized Accountability Agent, which way. filed with and accepted, subject to final

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Document Created: 2016-08-05 06:43:42
Document Modified: 2016-08-05 06:43:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Consent order.
Dates		Issued on June 21, 2016.
FR Citation		81 FR 51899