United States of America
Federal Trade Commission
Washington D.C. 20580
Division of Enforcement
Bureau of Consumer Protection
March 29, 2002
Aimee Jorgensen, Corporate Counsel
Hewlett-Packard Company
3000 Hanover St.
Palo Alto, CA 94304
Re: Hewlett-Packard Co.
FTC Docket No. C-4009
Dear Ms. Jorgensen:
The Division of Enforcement has reviewed your submissions dated July 19, 2001; September 14, 2001; and March 25, 2002; which you filed pursuant to Part VI of the above referenced order issued on May 15, 2001, to show the manner and form of Hewlett-Packard's compliance with the order.
As you know, the staff determined that certain advertisements attached as exhibits to the submissions fail to comply with the Commission's order. Therefore, the staff rejects the following compliance exhibits for containing misrepresentations in violation of Part I of the order, and for failing to make clear and conspicuous disclosures in violation of Part II of the order:
Exhibit A:
Brochure for the HP Jornada 520 Series Color Pocket PC
Brochure for the HP Jornada 540 Series Color Pocket PC
Depot ad, week of May 20, 2001
Comp USA ad of April 8, 2001
Staples ad of May 20, 2001
Fry's ad of June 1, 2001
Table comparing software features of HP Jornada 525 and 548 Color Pocket PCs
www.hp-at-home.com/topsecret/products/jornadas.html
You have confirmed that Hewlett-Packard has stopped disseminating the exhibits listed above, or has revised them to be in compliance with the order. The staff has concluded, on the assumption that the information submitted is accurate and complete, that no compliance action is indicated at this time. We will not be precluded, however, from recommending to the Commission an appropriate action if the submitted information is inaccurate or incomplete or if Hewlett-Packard violates the terms of the order. The opinions expressed in this letter are those of the staff and not necessarily those of the Commission or of any Commissioner.
You will be advised of the General Counsel's determinations concerning your request for confidential treatment of Exhibit B to Hewlett-Packard's compliance report by separate letter.
Sincerely,
Elaine D. Kolish
Associate Director