Alcohol Study 6(b) Orders and Attachment A - REVISED

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UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Jon Leibowitz, Chairman
J. Thomas Rosch
Edith Ramirez
Julie Brill

FTC Matter No. P104518

ORDER TO FILE SPECIAL REPORT
Pursuant to a resolution of the Federal Trade Commission dated [insert], entitled
“Resolution Directing Use of Compulsory Process,” a copy of which is enclosed, [insert target
name], hereinafter referred to as “the company,”1 is ordered to file a Special Report with the
Commission no later than the dates specified in Appendix A.III. hereto, containing the
information and documents specified herein.
The information in the Special Report will assist the Commission in its ongoing review
of beverage alcohol advertising and marketing and alcohol industry self-regulatory efforts.
Documents submitted in compliance with this Order that are marked “confidential” will not be
disclosed without first giving you ten days’ notice of the Commission’s intention to do so,
except as provided in Sections 6(f) and 21 of the FTC Act, 15 U.S.C. §§ 46(f) and 57b-2.
Furthermore, no documents containing confidential commercial or financial information within
the meaning of Section 6(f) of the FTC Act may be disclosed publicly without your consent.
The Special Report should restate each item of this Order with which the corresponding
answer is identified. If any specification cannot fully be answered, provide the information that
is available and explain in what respects and why the answer is incomplete. The Special Report
and all accompanying responses should be bates-stamped.
Please supply the information and documents requested in the following Specifications,
consistent with the Definitions and Instructions contained in Appendix A.

1

For purposes of this Order, the term “the company” includes all of the entities
identified in response to Specification 1.B., below.

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SPECIFICATIONS
Specification 1. Company Background Information, Brands, and Data
Provide the following background information:
A.
Identify by full name, business address, telephone number, and official capacity,
the officer of the company who has prepared or supervised the preparation of the
company’s response to this Order.
B.
Fully identify the entity responding to this Order by company name, address, and
state of incorporation. In addition, identify each subsidiary, joint venture, affiliated
company, partnership, or operation under an assumed name that is owned in whole or in
part by the company and that engages in the manufacturing, labeling, advertising,
promoting, offering for sale, or sale of any beverage alcohol product in the United States.
C.
Identify by name each individual beverage alcohol brand or variety sold by the
entities identified in subparagraph 1.B. above, during calendar year 2011, and for each
brand or variety, state total sales, net of taxes (“stripped sales”), during calendar year
2011 in dollars and in number of 9-liter or 2.25 gallon cases sold.
D.
Produce all documents dated, prepared, or received by the company on or after
January 1, 2006 that contain data not otherwise publicly available regarding the
demographics of persons under 21 located in the U.S. who have tasted, used, or
purchased any brand manufactured, advertised, or sold by the company.
Specification 2. Expenditures
Report in Appendix B to this Order2 the dollar amount expended during calendar year
2011 by the company, whether directly or through its agents, on the advertising, merchandising,
or promotion of beverage alcohol products in the United States in each of the categories set forth
below (as defined in Appendix A.I.):
A.
B.
C.
D.
E.
F.

Television Advertising
Radio Advertising
Magazine Advertising
Newspaper Advertising
Transit Advertising
Outdoor Advertising

2

An electronic version of Appendix B, an Excel spreadsheet, is provided on the

included CD.
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G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.

Direct Mail Advertising
Company-Owned or Operated Internet Sites
Other Internet Site Advertising
Other Digital Advertising
Point-of-Sale Advertising: Specialty Item Distribution
Point-of-Sale Advertising: Retail Value-Added Expenditures
Point-of-Sale Advertising: Other
Promotional Allowances
Public Entertainment Events: Not Sports-Related
Sponsorship of Sporting Events, Sports Teams, or Individual Athletes
Spring Break Promotions
Product Placements
In-Cinema Advertising
Telemarketing
Other
Sports and Sporting Events (Cross-Category)
Social Responsibility Programs and Messages (Cross-Category)

Specification 3. Advertising Placements
Provide information relating to the placement of advertising:
A.
With regard to procedures used by the company to facilitate compliance with the
advertising placement guidelines contained in the voluntary advertising codes of the Beer
Institute, the Distilled Spirits Council of the United States, and/or the Wine Institute,
state:
(i)
(ii)
(iii)
(iv)

(v)

Which of the 3 voluntary codes the company follows;
Whether the company follows another code, such as a company code, that
addresses advertising placement;
What databases are relied on in making advertising placement decisions;
How often post-placement data are reviewed to verify that an advertising
placement complied with the guidelines, and what steps are taken if a
compliance shortfall is identified; and,
What additional safeguards are in place (such as use of “no buy” lists, use
of higher placement standards, media content review, or others) to reduce
the likelihood that a non-compliant advertising placement will occur.

B.
With regard to each instance of dissemination by the company (including the
entities identified in response to Specification 1.B., above) or its agents of an
advertisement during the period January 1, 2011 to June 30, 2011, on television and
radio, in magazines, in newspapers, and on the Internet, provide on the spreadsheet

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included in Appendix C to this Order3 the following information, consistent with the
directions in Appendix A.II:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)

The advertisement’s name;
The brand advertised;
The name of the medium and location of dissemination;
The date and time that the advertisement appeared;
The name of the show during, or in conjunction with, which the
advertisement appeared, where applicable;
The actual demographics of the audience (number of persons under 21,
and number of persons 21 and over) for that dissemination; and
The source of the data reported.

In responding to Specification 3.B., please indicate, in the manner instructed on the
spreadsheets included in Appendix C, each dissemination that was primarily targeted to
Hispanic consumers and each dissemination that was primarily targeted to AfricanAmerican consumers.
C.

Provide copies of all documents relied on to support the company’s responses to
Specification 3.B. above.

Specification 4. Digital Marketing Practices and Data Collection
Provide information relating to the following digital marketing practices:
A.

Company-Owned or Operated Internet Sites
(i)
(ii)

(iii)

Identify by name and URL each website service operated by or on behalf
of the company at any time during calendar year 2011.
With respect to each URL identified, please indicate what information, if
any, is collected and/or maintained from a visitor to the site and by whom,
including but not limited to: at the initial landing page, or during or after
any registration process. Describe how such information is used to deliver
advertising to consumers in the future.
State any restrictions or prohibitions, contractual, technological, or
otherwise, on the company’s and each third party’s collection or use of
information collected and/or maintained from a visitor to each website

3

An electronic version of Appendix C, which has separate Excel spreadsheets for
TV National Placements, TV Regional/Local Placements, Radio Placements in 6+ PPM Markets,
Radio Placements in 12+ Markets, Magazine Placements, Newspaper Placements, and Internet
Placements, is provided on the included CD.
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identified above.
For each website identified, describe in detail the mechanism(s) used, if
any, by the company to deter entry by persons under age 21.
(v)
Describe the company’s information collection, maintenance, aggregation,
and tracking practices with respect to any visitor identified as being under
age 21.
(vi)
For each website identified, provide a screen shot of the site’s landing
page, as well screen shots for each page of the website, if any, that depicts
an age-screening mechanism.
(vii) Describe in detail any analytics or technologies used to identify or profile
visitors to the website and how that information is used.
(viii) Describe company policies, including standards as well as methods and
frequency of monitoring and enforcement, governing the content of
Company-Owned or Operated Internet Sites, including user-generated
content.
(iv)

B.

Other Internet Site and Other Digital Advertising Campaigns
(i)

(ii)

(iii)

(iv)

(v)

(vi)

Identify all Other Internet Site (as defined in App. A.I.J.) and Other Digital
Advertising (as defined in App. A.I.J.) campaigns promoting any of the
company’s brands listed in response to Specification 1.C. above at any
time from January 1, 2011 to June 30, 2011. For each Internet site or
digital advertising campaign identified, provide samples of (or list and
describe in detail, if providing samples is not practicable), the specific
advertising and/or promotional activities involved.
With respect to each Internet site and digital advertising campaign
identified, indicate what information, if any, is collected and/or
maintained from any consumer of a digital advertising campaign,
including but not limited to threshold information, and information
collected and/or maintained during or after any registration process.
Identify each entity that collects such information, and describe how such
information is used to deliver advertising to consumers in the future.
State any restrictions or prohibitions, contractual, technological, or
otherwise, on the company’s and each third party’s collection or use of
information collected and/or maintained from each Internet site and digital
advertising campaign identified above.
For each campaign identified and described in Specification 4.B.(i) above,
describe in detail the mechanism(s) used, if any, by the company to deter
entry by persons under age 21.
Describe the company’s information collection, maintenance, aggregation,
and tracking practices with respect to any consumer of an Internet site or
digital advertising campaign identified as being under age 21.
Describe in detail any analytics or technologies used to identify or profile
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(vii)

C.

consumers of each Internet site and digital advertising campaign
identified, and how that information is used.
Describe company policies, including standards as well as methods and
frequency of monitoring and enforcement, governing the content of Other
Internet Site and Other Digital Advertising campaigns, including usergenerated content.

Provide all marketing or consumer research studies sponsored or commissioned
by the company since January 1, 2010 through the date of your completed
response regarding digital advertising techniques, including the effectiveness of
any particular types of Internet (whether Company-Owned or Operated Internet
Sites, Other Internet Sites, or Other Digital Advertising) in increasing interest in
or consumption of any of the company’s brands.

Specification 5. Lesser-Known Media Program Descriptions
A.

If the company reported expenditures in Categories G (Direct Mail Advertising), J
(Other Digital Advertising), K (Point-of-Sale Advertising: Specialty Item
Distribution), L (Point-of-Sale Advertising: Retail Value Added), M (Promotional
Allowances), O (Public Entertainment Events: Not Sports Related), P
(Sponsorship of Sporting Events, Sports Teams, or Individual Athletes), Q
(Spring Break Promotions), R (Product Placements), S (In-Cinema Advertising),
T (Telemarketing), U (Other), or V (Social Responsibility Programs and
Messages), briefly describe the types of programs and events funded by efforts in
each such category, as well as what efforts the company engages in to ensure that
such funds are expended consistent with the voluntary advertising codes of the
company, the Beer Institute, the Distilled Spirits Council of the United States,
and/or the Wine Institute.

B.

With respect to Product Placements (as defined in App. A.I.R.), for the period
from January 1, 2011 to June 30, 2011, please identify, in the manner instructed
on the spreadsheet included in Appendix D, the type of entertainment vehicle in
which a product placement was made, the title of the specific entertainment
vehicle, the specific brand advertised in each such placement; and any
consideration paid in connection with such placement. Describe in detail the
mechanism(s) used, if any, by the company, to reduce the likelihood that persons
under age 21 were not exposed to such vehicles or product placements.

Penalties may be imposed under applicable provisions of federal law for failure to file
Special Reports or for filing false reports.
The Special Report responses called for in this Order are to be filed on or before the dates
set forth on Appendix A.III.
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By direction of the Commission.

__________________________
Chairman

SEAL
Date of Order:
The Special Report required by this Order,
or any inquiry concerning it, should be
addressed to the attention of:
Janet M. Evans
Carolyn L. Hann
Division of Advertising Practices, Federal Trade Commission
NJ-3212
Washington, D.C. 20580
(202) 326-2125 phone (Evans)
(202) 326-2745 phone (Hann)
(202) 326-3259 facsimile
jevans@ftc.gov
chann@ftc.gov

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Appendix A
DEFINITIONS AND INSTRUCTIONS
I.

Reportable Expenditure Definitions

These definitions of reportable advertising, merchandising, or promotion expenditures
track the Categories set forth in Specification 2 of the Order to File Special Report. Please
provide information for each Category in dollars. In responding to Specification 2, exclude
expenditures targeted to the trade, such as expenditures for promotions in trade magazines or
password-protected Internet sites targeted to the trade.
A.

Television Advertising

Definition: Television advertising on broadcast, cable, or satellite channels, including
spot ads, long-form commercials, and sponsored programming (such as televised events bearing
the name of or stated to be sponsored by an alcohol brand or company); allocate such
expenditures among: (a) advertising placed for national distribution on: (i) broadcast, (ii) cable,
or (iii) satellite television; and (b) regional or local advertising placed on: (i) broadcast, (ii)
cable, or (iii) satellite television. This Category excludes expenditures in connection with
Product Placements (defined in Category R).
B.

Radio Advertising

Definition: Radio advertising including spot ads, long-form commercials, and sponsored
programing (such as radio broadcast events bearing the name of or stated to be sponsored by an
alcohol brand or company); allocate such expenditures among: (a) advertising on subscription
based satellite radio channels; (b) advertising in markets where the audience is measured by a
syndicated data source (such as Arbitron); and, (c) advertising in unmeasured markets. This
Category excludes expenditures in connection with Product Placements (defined in Category R).
C.

Magazine Advertising

Definition: Advertising placed in magazines or other print media. This Category
excludes Newspaper Advertising (defined in Category D), Direct Mail Advertising (defined in
Category G), and Spring Break Promotions (defined in Category Q).
D.

Newspaper Advertising

Definition: Advertising placed in newspapers, including national, regional, and local
papers, and advertising placed in free-standing inserts to newspapers. This Category excludes
expenditures for Magazine Advertising (defined in Category C), Direct Mail Advertising
(defined in Category G), and Spring Break Promotions (defined in Category Q).
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E.

Transit Advertising

Definition: Advertising on or within private or public vehicles and all advertisements
placed at, on or within any bus stop, taxi stand, transportation waiting area, train station, airport,
or any other transportation facility.
F.

Outdoor Advertising

Definition: Advertising on billboards; signs, placards or posters placed on outdoor street
furniture, kiosks, shopping malls (whether open-air or enclosed), pay telephone booths, parking
space bumpers or other advertising in parking lots or garages, or trash receptacles; airplane
banners; and, any other advertisements placed outdoors regardless of their size. This Category
excludes expenditures in connection with Transit Advertising (defined in Category E), Point-ofSale Advertising: Other (defined in Category M), Public Entertainment Events: Not Sportsrelated (defined in Category O), or Sponsorship of Sporting Events, Sports Teams, or Individual
Athletes (defined in Category P).
G.

Direct Mail Advertising

Definition: Advertising circulars or other printed matter that is sent directly through the
mail to consumers. This Category excludes expenditures in connection with Magazine
Advertising (defined in Category C) and Newspaper Advertising (defined in Category D).
H.

Company-Owned or Operated Internet Sites

Definition: Any company-owned or operated Internet site (including any site operated by
an agent on the company’s behalf) that contains information about the company’s beverage
alcohol brands or beverage alcohol products, and that can be accessed by persons located in the
United States, regardless of where the site is located or the Internet address of the site or page.
This Category includes but is not limited to official company or brand Internet sites, and
company-sponsored pages (including brand pages), videos, channels, or feeds on Internet sites
such as Facebook, YouTube, Twitter, Four-Square, Tumblr, etc.
I.

Other Internet Site Advertising

Definition: Advertising on Internet sites other than Company-Owned or Operated
Internet Sites, that can be accessed by persons located in the United States, including, but not
limited to, the use of hyperlinks, banner or pop-up advertisements, mouseovers, streaming video,
sponsored-text advertising, search keywords, and advertising in chat rooms, weblogs, bulletin
boards, listservs, in online virtual worlds, on social networking sites, on social gaming sites,
and/or on video sharing sites.
J.

Other Digital Advertising
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Definition: Advertising and promotional content visible on, or that can interact with,
personal computers (PC) and other digital devices, including personal digital assistants, portable
media players, portable gaming devices, wireless tablet computers, or mobile phones, whether or
not Internet-enabled. This Category includes but is not limited to expenditures for electronic
mail (email) messages, short message service (SMS text) or multimedia (MMS) messaging,
instant messaging (IM), microblogging (e.g., tweets, twit-backs on Twitter), tell-a-friend viral
messaging, picture messaging, user-generated content (such as messages, photos, or videos) that
is posted by the company, bar code print ads that can interact with mobile phones, mobile
broadcasts, mobile video, mobile or PC applications and widgets, games, downloads, podcasts,
or “webisodes.” This category excludes expenditures in connection with Company-Owned or
Operated Internet Sites (H) and Other Internet Site Advertising (I).
K.

Point-of-Sale Advertising: Specialty Item Distribution

Definition: All net costs (deducting payments by consumers) of distributing items other
than beverage alcohol products, whether distributed by sale, redemption of coupons, or
otherwise. Allocate among expenditures for items that (a) bear the name, logo, or any portion of
the package of any brand or variety of beverage alcohol product sold by the company and (b) do
not bear the name, logo, or any portion of the package of any brand or variety of beverage
alcohol products sold by the company. Exclude costs associated with distributing non-alcohol
items in connection with Point-of-Sale: Retail Value-added Expenditures (defined in Category
L). This category excludes expenditures in connection with Spring Break Promotions (defined in
Category Q).
L.

Point-of-Sale Advertising: Retail Value-Added Expenditures

Definition: Expenditures for promotions involving: (1) free beverage alcohol products
(e.g., buy two, get one free), whether or not the free beverage alcohol products are physically
bundled together with the purchased beverage alcohol products, including all expenditures and
costs associated with the value added to the purchase of beverage alcohol products (e.g., all
associated excise taxes paid on the free beverage alcohol products); and (2) free non-alcohol
products items (e.g., buy two, get a can opener) including all expenditures and costs associated
with the value added to the purchase of beverage alcohol products. This category excludes
expenditures in connection with Spring Break Promotions (defined in Category Q).
M.

Point-of-Sale Advertising: Other

Definition: Expenditures for advertising and promotions at on-premise or off-premise
locations where beverage alcohol can be purchased. This Category excludes expenditures in
connection with Point-of-Sale: Specialty Item Distribution (defined in Category K), Point-ofSale: Retail Value-added Expenditures (defined in Category L), Public Entertainment Events:
Not Sports-related (defined in Category O), Sponsorship of Sporting Events, Sports Teams, or
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Individual Athletes (defined in Category P), and Spring Break Promotions (defined in Category
Q).
N.

Promotional Allowances

Definition: Allowances paid to retailers or wholesalers/distributors for development and
distribution of consumer-directed advertising and promotional efforts, but excluding
expenditures specifically designated to be expended for advertising and promotions in
Categories A-M and O-T, which expenditures should be reported in the appropriate Category.
Allocate such expenditures among payments to (a) retailers and (b) wholesalers/distributors.
This category excludes expenditures in connection with Spring Break Promotions (defined in
Category Q).
O.

Public Entertainment Events: Not Sports-Related

Definition: Public entertainment events that are not sports-related, such as appearances
by musicians, comedians, celebrities, or other entertainers or public figures, bearing or otherwise
displaying the company name or logo, the name, logo, or any portion of the package of any of
the company’s beverage alcohol brands, or otherwise referring or relating to beverage alcohol,
including all expenditures made by the company in promoting and/or sponsoring such events;
allocate these expenditures among (a) adult-only facilities and (b) general audience facilities.
This Category excludes expenditures in connection with Television or Radio Advertising
(defined in Categories A and B), Internet or digital programming (defined in Categories H, I, and
J), Point-of-sale Advertising: Other (defined in Category M), and Sponsorship of Sporting
Events, Sports Teams, or Individual Athletes (defined in Category P). “Adult-only facility”
means a facility or restricted area (whether open-air or enclosed) where the operator ensures or
has a reasonable basis to believe that no underage person is present and includes companysponsored private parties and event hospitality tents. A facility or restricted area need not be
permanently restricted to adults in order to constitute an adult-only facility, provided that the
operator ensures or has a reasonable basis to believe that no underage person is present during
the event or time period in question. For purposes of this Order, the term “underage” means
younger than twenty-one (21) years of age.
P.

Sponsorship of Sporting Events, Sports Teams, or Individual Athletes

Definition: Sponsorship of sporting events, sports teams, or individual athletes. “Sports
teams or individual athletes” includes but is not limited to competitors in football, basketball,
baseball, soccer, hockey, tennis, wrestling, golf, karate, judo, weight lifting, volleyball, skiing,
skating, sailing, boating, equestrian, rodeo, automobile, race car, funny car, motorcycle, bicycle,
truck, monster truck, tractor-pull, fishing, and hunting events, competitions, tournaments, and
races. This Category excludes expenditures in connection with Television and Radio
Advertising (defined in Categories A and B), Internet or digital programming (defined in
Categories H, I, and J), Point-of-sale Advertising: Other (defined in Category M), and Public
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Entertainment Events: Not Sports-related (defined in Category O).
Q.

Spring Break Promotions

Definition: Expenditures for advertising and promotion of college “spring break” events,
including vacation trips, cruises, beach or pool parties, and on-premise and off-premise events
where beverage alcohol can be purchased.
R.

Product Placements

Definition: The dollar value of consideration provided in connection with permitting,
promoting, or procuring the integration of any beverage alcohol product, logo, signage, trade
name, or package into a television or radio program, motion picture, music video, music
recording, online virtual world, electronic game, or other form of entertainment programming;
such expenditures would include, for example, the dollar value of alcohol beverages or logoed
items (such as clothing or signage) provided, or expenditures by the company to cross-promote a
film or program in which a placement occurs. This category excludes expenditures incurred to
screen requests for product placements.
S.

In-Cinema Advertising

Definition: Expenditures for advertising and promotions delivered prior to or in
conjunction with the viewing of a motion picture in a cinema. This category excludes
expenditures in connection with Public Entertainment Events: Not Sports-Related (defined in
Category O), Product Placements (defined in Category R), or any other category listed above.
T.

Telemarketing

Definition: Expenditures associated with the placement of telephone calls for the
purpose of selling a good or service or the maintenance or operation of incoming telephone lines
that allow consumers to participate in any promotion or hear pre-recorded product messages, but
excluding costs associated with having customer service representatives available for responding
to consumer complaints or questions.
U.

Other

Definition: Any advertising or promotional expenditures not covered by another
category. Specify the total amount on Appendix B, and briefly describe the subject matter of
each such expenditure.
V.

Sports and Sporting Events (Cross-Category)

Definition: “Sports and sporting events” include but are not limited to football,
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basketball, baseball, soccer, hockey, golf, tennis, wrestling, karate, judo, weight lifting,
volleyball, skiing, skating, sailing, boating, equestrian, rodeo, automobile, race car, funny car,
motorcycle, bicycle, truck, monster truck, tractor-pull, fishing, and hunting events, competitions,
tournaments, and races. Report all items including but not limited to all expenditures connected
with or related to the sponsoring, advertising, or promotion of sports or sporting events,
including support of an individual or a group sports or racing team, and purchase of, or support
for, sports or racing equipment, uniforms, sports or racing facilities and/or training facilities, and
all expenditures for advertising including but not limited to print, television, radio, billboards, or
banners in the name of the company or any of its beverage alcohol products in a sports or racing
facility, on a scoreboard or in conjunction with the reporting of sports or racing results; and all
expenditures connected with the production, offer, sale, or provision without fee of all functional
promotional items at or in connection with a sporting or racing event, including but not limited
to, clothing, hats, bags, posters, sporting or racing goods, and equipment. Allocate among (a)
expenditures for college sports and sporting events and (b) all others. The expenditures reported
in this Category are intended to be duplicative of expenditures listed above for Categories A-T.
For example, televised ball games sponsored by an alcohol brand, reported in Category A, and
untelevised events for a sponsored sports teams, reported in Category P, would also be reported
in Category U. Do not report any expenditures in this Category that have not also been reported
in Categories A-T.
W.

Social Responsibility Programs and Messages (Cross-Category)

Definition: Expenditures by the company to support social responsibility programs and
messages. The expenditures reported in this Category may or may not be duplicative of
expenditures listed for Categories A-T.
II.

Audience Demographics Directions

These directions shall be used in responding to Specification 3.B.’s request for the actual
demographics of the audience for an advertisement. In formatting data in response to
Specification 3.B., please use the model spread sheet attached as Appendix C to this Order.
A. Television ads. Provide, for the program in which or adjacent to which the ad
appeared, the quarterly average demographic data for that program in that timeslot; if programspecific data are not available, provide the quarterly average demographic data for the daypart in
which the ad appeared. Thus, for ads appearing in March 2011, the company should provide the
average program data for the period from January 1, 2011 to March 31, 2011. For regional or
local ads, allocate the total audience reported consistent with the available national audience
breakdown, where national data is available.
B. Radio ads. Provide the quarterly average demographic data for the daypart during
which the ad appeared. Thus, for ads appearing in March 2011, the company should provide the
average program data for the period from January 1, 2011 to March 31, 2011. In responding to
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this Specification, use Arbitron standard dayparts unless data for a shorter period of time is
available. Provide responses only for ads placed in measured radio markets.
C. Magazine ads. Provide average demographic data for the 12-month period during
which the ad appeared, if the ad was placed in the standard national edition. Thus, for ads
appearing during calendar year 2011, provide data measuring that period’s audience, if available.
If the ad was placed in a 21+ or other specialized edition, identify the edition and explain its
demographics.
D. Newspaper ads. Provide average demographic data for the 12-month period during
which the ad appeared. If the demographics of the newspaper are unmeasured, so specify.
E. Internet ads. For Company-Owned or Operated Internet Sites, provide the number
of unique visitors by month for each site for the period January 1, 2011 to June 30, 2011. For
advertising on Internet sites other than those that are Company-Owned or Operated Internet
Sites, provide the average demographic data for each month in which the ad appeared.
III.

Due Dates for Responses

Responses to this Order are due 60 days after issuance, except as follows:
A.
Response to Specification 3.C.: Within 5 days following receipt from the FTC
staff of a written request to provide such documents (but not before timely submission of
audience composition data in response to Specification 3.B).
IV.

Instructions for Production of Responses

All responses should be provided in two (2) printed copies and in electronic form (by
CD, DVD, or as email attachments) and should be labeled fully to indicate the Specification to
which the provided data responds. Electronic responses to Specifications 1.A., 1.B., 1.D., 3.A.,
4, and 5.A should be formatted as Adobe Acrobat, Microsoft Word, or WordPerfect documents.
Electronic responses to Specification 1.C. should be provided on an Excel spreadsheet.
Electronic responses to Specification 2 should be provided on the Excel spreadsheet included as
Appendix B to this Order. Electronic responses to Specification 3.B. should be provided on the
Excel spreadsheet included as Appendix C to this Order. Electronic responses to Specification
5.B. should be provided on the Excel spreadsheet included as Appendix D to this Order.

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