UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION

In the Matter of

CONOPCO, INC., a corporation.

DOCKET NO.

COMPLAINT

The Federal Trade Commission, having reason to believe that Conopco, Inc., doing business as Unilever Home & Personal Care USA, a corporation ("respondent"), has violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that this proceeding is in the public interest, alleges:

2. Respondent has manufactured, advertised, labeled, offered for sale, sold, and distributed products to the public, including Vaseline® Brand Intensive Care® Antibacterial Hand Lotion.

Vaseline® Brand Intensive Care® Antibacterial Hand Lotion is a "drug," within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.

3. The acts and practices of respondent alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act.

4. Respondent has disseminated or has caused to be disseminated advertisements for Vaseline® Brand Intensive Care® Antibacterial Hand Lotion, including but not necessarily limited to the attached Exhibits A through E. These advertisements contain the following statements and depictions:

A. "NEW Vaseline® Brand Intensive Care® Lotion

Anti-Bacterial Hand Lotion

STOPS GERMS LONGER THAN WASHING ALONE

....

GERM PROTECTION

....

New Vaseline Intensive Care Antibacterial lotion combines:

A moisturizing formula to help restore and revitalize rough, dry skin.

An anti-bacterial ingredient that helps keep your hands safe from germs for hours.

Use it every day, after washing hands, doing chores, changing diapers... anytime you need extra protection. It's the skin-caring way to stop germs while you moisturize.

New Vaseline Intensive Care Anti-Bacterial Lotion - Long-lasting moisturization with anti-bacterial protection.

Indication: To help reduce bacteria that can potentially cause disease."

(Exhibit A).

B. "Arm your hands

With The Only Hand Lotion That

Heals Dryness

With Proven Vaseline® Moisturizers And

Stops Germs

For Hours."

(Exhibit B).

C. "IT'S TIME TO ARM YOUR HANDS

AGAINST DRYNESS. AND AGAINST GERMS.

The first anti-bacterial hand lotion from Vaseline® Intensive Care® is here.

[The advertisement depicts a woman's hand holding a bottle of Vaseline® Brand Intensive Care® Anti-bacterial Hand Lotion. The bottle contains the following statement:

'NEW Vaseline® Brand Intensive Care® Lotion

Anti-Bacterial Hand Lotion

STOPS GERMS LONGER THAN WASHING ALONE

....

GERM PROTECTION.']"

(Exhibit C).

D. "We won't stop until all of you have the means to arm your hands.

[The advertisement depicts a woman in a kitchen.]

Against dryness. And against germs.

[The advertisement depicts a teacher in a classroom.]

Wherever you are....

[The advertisement depicts a bathroom.]

With the first anti-bacterial hand lotion from Vaseline Intensive Care.

[The advertisement depicts a person working at a computer keyboard. Next, it depicts a person marching in a marching band. Then, it depicts a woman in a kitchen.]

.... It's time to arm your hands."

(Exhibit D).

E. "Somewhere in America,

A teacher is mastering a new form of self defense. A salesman is learning hand to hand combat. A mother is launching a counterattack. Now it's your turn. Arm your hands against dryness and against germs. The first Anti-Bacterial Hand Lotion from Vaseline Intensive Care is here. It's time to arm your hands."

(Exhibit E).

5. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that:

A. Vaseline® Brand Intensive Care® Antibacterial Hand Lotion stops germs on hands longer than washing alone.

B. Vaseline® Brand Intensive Care® Antibacterial Hand Lotion provides continuous protection from germs for hours.

C. Vaseline® Brand Intensive Care® Antibacterial Hand Lotion is effective against disease-causing germs, such as cold and flu viruses.

6. Through the means described in Paragraph 4, respondent has represented, expressly or by implication, that it possessed and relied upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made.

7. In truth and in fact, respondent did not possess and rely upon a reasonable basis that substantiated the representations set forth in Paragraph 5, at the time the representations were made. While the active ingredient in Vaseline® Brand Intensive Care® Antibacterial Hand Lotion, triclosan, can reduce the number of germs on a user's hands, the degree and duration of germ protection has not been scientifically established. In addition, triclosan has not been proven effective against many disease-causing germs, including viruses, which are the cause of the most common diseases suffered by consumers, including colds and influenza. Therefore, the representation set forth in Paragraph 6 was, and is, false or misleading.

8. The acts and practices of respondent as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act.

THEREFORE, the Federal Trade Commission this day of , , has issued this complaint against respondent.

By the Commission.

Donald S. Clark
Secretary

SEAL: