Announced Actions for February 4, 2000

Applications for approval of transactions:

• The FTC has received applications for the approval of three transactions from the following: Exxon Mobil Corporation. The applications regard Exxon Mobil's proposed divestiture of assets, as detailed in Paragraphs IV and V of its recent consent agreement with the Commission.

In the first application, Exxon Mobil has requested Commission approval to assign Mobil's existing supply agreements with respect to retail sites in the Houston Primary Metropolitan Statistical Area and the Bryan/College Station Metropolitan Statistical Area to Petroleum Wholesalers, Inc.  

In the second application, Exxon Mobil has requested Commission approval to divest Mobil's interest in TETCO Stores LP and TETCO Stores I-LCC to Tetco, Inc. of San Antonio, Texas. In addition, Exxon Mobil has requested approval to assign Mobil's existing Supply Agreements with respect to retail sites in the Austin, Texas and San Antonio, Texas Metropolitan Statistical Areas, and the Dallas, Texas Primary Metropolitan Statistical Area to Tetco, Inc.  

In the third application, Exxon Mobil has requested Commission approval to divest its Mobil Manassas Terminal to Tosco Corporation of Stamford, Connecticut.  

The Commission is seeking public comment on the applications for 30 days, until March 6, 2000. The respondent has also requested that the public comment period regarding each transaction either be shortened from 30 days to 21 days or eliminated. If the Commission determines to shorten or eliminate the comment period as requested, the comment period will end earlier than the date listed above.  

Comments should be sent to the Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580. (FTC File No. 991-0077; Docket No. C-3907; staff contact is Daniel P. Ducore, 202-326-2526; see press release dated November 30, 1999.)

Request to reopen and modify a prior Commission order:

• The FTC has received a request from the following to reopen and modify two prior Commission orders: General Nutrition Center (GNC). The orders, which were issued by the Commission in 1969 and 1989, prohibit certain claims by GNC. The 1969 order requires certain triggered disclosures in connection with the advertising of any food or drug preparation containing vitamins and minerals. The 1989 order prohibits unsubstantiated health, weight loss and muscle-building claims for any product.

Specific GNC requests regarding the modification of these orders can be found in the documentation supporting these requests. In addition to its requests regarding these orders, GNC requested that the Commission seek the assistance of the Department of Justice in asking a federal court to modify a 1994 consent decree (Civil No. 94-686; W.D. Pa. May 20, 1994) enjoining the company from violating these two orders and from making deceptive claims for any hair loss product. In 1994, the Commission brought an enforcement action against GNC alleging numerous violations of the 1969 and 1989 orders, as well as Sections 5(a) and 12 of the FTC Act. GNC settled the action by agreeing to pay a $2.4 million civil penalty and to entry of the injunction prohibiting future violations.  

On January 31, 2000, the Commission voted 5-0 to deny GNC's request to open and modify the order in Docket No. 9175 (1989 order) and to grant in part and deny in part GNC's request to reopen and modify the order in Docket No. C-1517 (1969 order). The Commission also concluded that there are no grounds for assisting GNC in seeking a modification of the 1994 consent decree. (FTC Docket Nos. C-1517 and D-9175; staff contact is Robert M. Frisby, 202-326-2098; see press releases dated February 13, 1989 and April 18, 1994.)

Copies of this press release are available from the FTC's web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580; 877-FTC Help (877-382-4357); TDD for the hearing impaired 1-866-653-4261. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710.