Cherry Blossoms Manufacturing Co

Text (OCR of the scan at left; may contain errors)

IN THE MATI'ER OF CHERRY BLOSSOMS MANUFACTURING COMPANY MODIFIED ORDER TO CEASE AND DESIST Dockei15J,Z. Order, .A.pr. !7, 1931 Order modifying order in 13 F. T. 0. 124, relating to use ot the words "Oberry Blossoms" or " Cherry" as a corporate or trade name, brand, label, etc., lu coune<!tion with the sale of an artificially colored and flavored concentrate, and beverage made therefrom, containing neither product of the cherry or cherry blossom, though with the taste and appearance of such a beverage; as in said order set forth.

This proceeding having been heard by the Federal Trade Commission upon the amended complaint of the Commission, the answer of the respondent, and testimony and evidence submitted; and the Commission having made its findings as to the facts and adopted its conclusion that respondent has violated section 5 of the act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes"; and the Commission having heretofore, to wit, on the 16th day of December, 1929, entered its order upon the respondent requiring it to cease and desist from certain practices; and it appearing to the Commisison upon reconsideration of the matter that said order should be modified: Now, therefore, the Federal Trade Commission, under and by virtue of the provisions of Section 5 of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes", hereby Orders, That the order to cease and desist heretofore made in this proceeding be, and the same is hereby, modified so that as modified said order shall read as follows, to wit: It i8 now ordered, That respondent, Cherry Blossoms Manufacturing Co., its representatives, agents, servants, employees and successors, forthwith cease and desist, in interstate commerce, from: {1) Using the words" Cherry Blossoms", or the word" Cherry", independently or in conjunction or combination with any other word or words, as its corporate name, or as a trade name for its product or the beverage made therefrom; or using the words " Cherry Blossoms" or the word "Cherry", independently or in conjunction or combination with any other word or words in advertising, or on labels of its product or the b~verage made therefrom, except when 12~~00°--88--TOL 15----6 Modified order 15F.T.C. limited to a statement in substance that the product or the beverage made therefrom resembles cherry in flavor or coloring, but contains no juice or coloring matter of cherry or of cherry blossoms. (2) Furnishing or causing or authorizing to be furnished to others, labels, posters, placards, bottle caps or crowng, containers or advertisements bearing the words " Cherry Blossoms " or the word "Cherry", independently or in conjunction or combination with any other word or words, except when limited to a statement in substance that the product or the beverage made therefrom resembles cherry in flavor or coloring, _or both, but contains no juice or coloring matter of cherry or of cherry blossoms.

(3) Representing, or providing others with the means of representing in any way that its product or the beverage made therefrom contains any of the juice, or extract, or coloring matter of cherry or of cherry blossoms. . It is further ordered, That the said respondent shall, within 60 days after the service upon it of a copy of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which it has complied with the order to cease and desist hereinbefore set forth.

COTY, INC. 69 Complaint