Jefferson Island Salt Company

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IN THE MATTER OF JEFFERSON ISLAND SALT COMPANY COl\IPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. II OF AN ACT OF CONGRESS APPROVED SI!:PT. 26, 1014 Docket $151. Complaint, Jan. 16, 193-f--Deoillion, Ap_r. 30, 1935 Where a corporation engaged In the sale of a salt preparation for curing and ~rooking meat, made by mixing salt with pyroligneous concentrate, the product of destructive distillation of pine wood, and the refinement of the pyroligneous acid resulting therefrom, and including in said mixture burnt sugar and other Ingredients to impart thereto the brown color associated by purchasing public with the necessarily more expensive genuine smoke salt, 1. e., salt smoked with natural wood SI~Joke-- Falsely labeled the cans in which it sold said product with the words "Jefferson Island Country Ham Smoked 1\Ieat Salt", and, in smaller letters, the words "Liquid Smoke" or "Condensed Smoke" as the case might be, and displayed upon bags in which It also sold the same, In large letters, its corporate name, and the words "Pure Smoke Meat Salt" and set forth on the reverse side thereof, under "Directions for Use" the legend "Jefferson Island Country Ham Smoke (printed "Smoked" in leaflets originally enclosed) Salt", followed by "Is just exactly what the name implies", and an enumeration of ingretlients, including "Condensed Smoke" ; With effect of misleading and deceiving purchasing public Into belief that said product had been subjected directly to or treated or impregnated with natural wood smoke, produced by burning wood during the process of combustion, and into purchasing said product in reliance on such erroneous belief, and of diverting trade to it from competitors offering and selling In interstate commerce salt for curing meats, and those offering the necessarily more expensive genuine smoked salts for curing and smoking the same, truthfully descrlbeu or designated, and with capacity and tenuency so to mislead, deceive, and divert:

Held, That such acts and practices, under the circumstances set forth, wet·e all to the prejudice of the public and competitors anu constituted unfair methods of competition in violation of Section 5. Mr. James M. Brin11on for the Commission. Carroll & M cElu•aln, of Louisville, Ky., for respondent. Col\IPLAINT Pursuant to the provisions 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 Qther purposes", the Federal Trade Commission, having reason to believe that J efferson Island Salt Company, Inc., has been or is using unfair methods of competition in commerce, as "commerce" is defined in JEFFERSON ISLAND SALT CO. 321 320 Complaint said act, and it appearing to said Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: PARAGRAPH 1. Respondent, Jefferson Island Salt Company, Inc., is now and for several years last past has been a corporation organized, existing and doing business under and by virtue of the laws of the State of Kentucky and the various other States of the United States. Louisville in the State of Kentucky. . It has been and is engaged in the manufacture and the sale of a general line of salt products in commerce among and between the State of Kentucky and the various other States of the United States. Since 1930 it has included in its line of salt or salt products a socalled "smoked salt".

Respondent has been and is engaged in competition in interstate commerce with individuals, partnerships and corporations engaged in the sale of "smoked salt" in like commerce. PAR. 2. Respondent, Jefferson Island Salt Company, Inc., has offered for sale since 1930 and now offers for sale its product in tenpound drums and in twenty-five pound bags. The drums in which its product is marketed bear labels containing the words "Jefferson Island Country Ham Smoked Meat Salt". This is followed by the statement: "This salt contains the exact proportions necessary of liquid smoke, sugar, black and red pepper". Said label also bears the statement: "This salt is thoroughly prepared, ready for use, with the proper proportions of pepper, sugar and condensed smokenothing else necessary". And also the statement: "This salt if properly used will give you the most delicious country hams and bacon." . The twenty-five pound bags in which respondent sells the largest volume of its so-called smoked salt carry the label "Jefferson Island Salt Company, Inc. Pure smoked meat salt". And on the opposite side of the bag there appears the statement: "Jefferson Island country ham smoked salt is just exactly what the name implies. This salt is thoroughly prepared, ready for use with the proper proportions of pepper, sugar and condensed smoke-nothing else necessary. This salt if properly used will give you the most delicious country hams and bacon. Absolutely no smoking necessary". In truth and in fact, the product of respondent so described and designated has not been and is not treated with or subjected to the action and effect of natural wood smoke in any way. The word "smoked" when applied or used in connection with the curing of meats has signified and meant to the retail dealers and the consun1ing public for many years and still and now signifies and means to 322 FEDERAL TRADE. COMMISSION DECISIONS Findings 20F.T.C.

dealers and the consuming public treatment or impregnation with or subjection to the wood smoke while the wood is in process of combustion.

PAR. 3. There have been for several years last past and still are individuals, partnerships and corporations offering for sale and selling in interstate commerce salt truthfully described and designated as "smoked salt" or "smoke salt".

PAR. 4. The practice of respondent described in paragraph 2 of offering for sale and selling in interstate commerce its product as "smoked salt" has had and has the capacity and tendency to mislead and deceive, has misled and deceived and does :mislead and deceive retail dealers and the consuming public into the belief that the product of respondent has been treated with or subjected to the action of natural wood smoke produced by wood in process of combustion and into the purchase of such product in reliance upon such belief.

PAR. 5. The aforesaid practice has also had and has the capacity and tendency to divert, has diverted, and does divert trade to respondent from its competitors offering for sale and selling in interstate commerce salt treated with or subjected to the action of natural wood smoke.

PAR. 6. The practices of respondent described in paragraph 2 hereof have been and are all to the prejudice of the public and respondent's competitors and have been and are unfair methods of competition in violation 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".

REPORT, FINDINGS AS TO THE F At;TS, AND ORDER Pursuant to the provisions 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", the Federal Trade Commission issued and served its complaint upon respondent, Jefferson Island Salt Company, charging it with unfair methods of competition in commerce in violation of the provisions of Section 5 of said Act.

The respondent having entered its appearance and filed its answer, testimony was taken and evidence received in support of the complaint and on behalf of the respondent before an examiner of the Federal Trade Commission theretofore duly appointed for such purpose.

JEFFERSON ISLAND SALT CO. 323 320 Findings Thereupon this matt('r ·regularly came on for final hearing before the Commission on the record, briefs and oral arguments, and the Commission having duly considered the record and arguments of counsel, and being fully advised in the premises, files this its report stating its findings as to the facts and its conclusion drawn therefrom: FINDINGS AS TO THE FACTS PARAGnAPII 1. Respondent, Jefferson Island Salt Compa11y, is now, and for several years last past has been, a corporation organized and existing under and by virtue o£ the laws of the State of Kentucky, with its principal office and place of business at Louisville in said State. It has been and now is engaged in the sale of salt in commerce among and between the State of Kentucky and the various States of the United States and the District of Columbia. In the course and conduct of such business it has been and is in substantial competition with individuals, partnerships and corporations offering for sale and selling salt including smoked salt in interstate commerce.

PAR. 2. In the course and conduct of its business as described in paragraph 1 hereof, respondent, J efl'erson Island Salt Company, for more than a year last past has been, and now is offering for sale and Eelling a certain salt product for curing and smoking meat. It has been and is its practice to sell it in cans containing ten pounds and in bags containing twenty-five pounds. The cans bear labels upon which appear in large and conspicuous letters the words: "Jefferson Island Country Ham Smoked Meat Salt." In relativelv smaller letters there is reference on such labels to use of "Liquid "smoke" in one place, and to use of "Condensed Smoke" at another place in still smaller letters. At one time respondent placed in bags with its product a leaflet in which there were directions for use of the product, expressed so far as the words "Directions £or use" and "Jefferson Island Country Ham Smoked Meat Salt" are concerned, in large and conspicuous letters. In much smaller letters in the leaflet appeared as among the ingredients of the produl the words "Condensed smoke". The bags now contain no leaflet and bear a circular design, a large black circle· enclosing a smaller white circle and still smaller red circle. In the white circle appears the name of respondent in large black letters, in the red circle, upon a white background, appear in large .conspicuous letters the words "Pure Smoke':M:eat Salt'r. On the back of the bags appears the same language which the aforesaid leaflet, entitled "Directions for use", contained when respondent followed the practice of enclosing it with its said product in its bags, except the word "Smoked" is changed 324 FEDERAL TRADE COl\IMISSION DECISIONS Findings !!OF. T. C. to the word "Smoke". This legend on its bags succeeded use of the leaflet which was abandoned when respondent adopted the practice of placing its "Directions for use" on the bags. Such "Directions for use" commence with the following language: "Jefferson Island Country Ham Smoked Meat Salt" on the leaflet, and "Jefferson Island Country Ham Smo~e :Meat Salt" on the bag, followed by the words "Is just exactly what the name implies". After this clear and definite statement that the product of respondent is just exactly what the name implies, the ingredients of the product are specified, and among them appear as hereinbefore mentioned the words "Condensed smoke".

In truth and in fact the product of respondent, Jefferson Island Salt Company, designated and described as "Jefferson Island Country Ham Smoked Meat Salt" or "Smoke Meat Salt", has not been, and is not subjected to or treated or impregnated with natural wood smoke produced by burning wood during its process of comlmstion. It is manufactured by the mixture of salt with a product of the American Turpentine and Tar Company of New Orleans, La., which is made from the destructive distillation of pine wood into pyroligneous acid, which is certainly not smoke in any sense, and which is then refined into a product which the manufacturer sells to respondent described as pyroligneous concentrate. Such pyroligneous concentrate, which is in fact pyroligneous acid minus some of its ingredients, respondent thereupon falsely and deceptively renames "Condensed smoke" when using small letters, and "Smoke" when using large and conspicuous letters in legends on the containers of 'its product.

The color of salt smoked with natural wood smoke, that is with smoke from burning wood, is brown. The mixture of white salt and pyroligneous acid, or pyroligneous concentrate is gray. In order to imitate the color of genuine smoke salt respondent, by use of burnt sugar or other ingredients, imparts to its product the brown color which the purchasing public associates with genuine smoke salt. Respondent pays to the American Turpentine and Tar Company seventy cents per gallon for the pyroligneous concentrate which it mixes with its salt and is enabled thereby to sell its imitation smoked or smoke salt at four cents per pound retail in the area called by the respondent Louisiana territory and two cents delivered price. Its twenty-five pound bags sell for fifty-five cents, while cans of ten pounds sell for sixty cents, the higher price resulting from the high price of the cans.

Genuine smoke salt is sold to the wholesaler at six cents per pound. Respondent, therefore, has been and is enabled to produce and sell JEFFERSON ISLAND SALT CO. 325 320 Conclusion in competition with genuine smoke ·salt an imitation smoke salt at prices substantially lower than those at which the genuine smoke salt is sold, since respondent sustains no expense on account of the main .. tenance of devices and processes for subjection of its salt to wood smoke.

PAR. 3. There have been for several years last past and now are individuals, partnerships and corporations offering for sale and selling in interstate commerce salt for curing meat and genuine smoked salt for curing and smoking meat in competition with the product of respondent, Jefferson Island Salt Company. PAR. 4. The word "Smoke" or any word or words signifying or implying smoke, when used to describe or designate salt for curing and smoking meats or in connection with smoking meats, have for many years last past signified and meant, and now signify and mean to the purchasing public salt which has been or is subjected directly to the action and effect of, or treated or impregnated with natural wood. smoke, that is, smoke produced by burning wood during its process of combustion. The product of respondent has not been and is not so manufactured and its designation. or description as "smoke salt" has been and is a false representation. P A.R. 5. The practice of respondent, in offering for sale and selling its said product described and designated as Jefferson Island Country Ham Smoked Meat Salt or as Jefferson Island Country Ham Smoke Meat Salt, has had, and has the capacity and tendency to mislead and deceive, and has misled and deceived, and does mislead and deceive the purchasing public into the belief that the product of respondent so described or designated has been or is subjected directly to, or treated or impregnated with natural wood smoke, that is, smoke produced by burning wood during its process of combustion, and into the purchase of respondent's product in reliance upon such erroneous belief.

Such false and misleading description or designation of its product by respondent has had and has the capacity and tendency to divert, and has diverted and does divert trade to respondent from its competitors offering for sale and selling in interstate commerce salt for curing meats and smoked salt for curing and smoking meats, truthfully described or designated.

CONCLUSION The acts and practices of respondent described in the above and foregoing findings as to the facts by the Commission have been and are all to the prejudice of the public and of respondent's competitors 101467--37-VOL 2o--23 Order 20F.T.C.

and have been and ar~ unfair methods of competition in violation of the provisions of Se~;tion 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". ORDER '1'0 CEASE AND DESIS'r This proceeding having been heard upon the complaint issued and served upon respondent, Jefferson Island Salt Company, and its answer thereto, testimony, evidence, briefs and arguments of counsel for the Commission and counsel for respondent, and the Federal Trade Commission having made its report in writing stating its findings as to the facts with its conclusion drawn therefrom that the said respondent has been and is violating the provisions 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";

It is now ordered, That respondent, Jefferson Island Salt Company, its officers, agents, employees and representatives, in connection with offering for sale or selling salt in interstate commerce or in the District of Columbia, cease and desist on brands, or labels, and in magazines, trade journals, newspapers or other periodicals, or in house organs, pamphlets, radio broadcasting, or in any other form of advertisement, directly or indirectly, expressly or impliedly, from- Using the word "smoked" or the word "smoke", or any other word or words signifying smoke, or implying use of smoke, to designate or describe salt offered for sale, or sold, for curing, preserving, smoking, or flavoring meats, unless the salt so described or designated has been or is directly subjected to the action and effect of the smoke from burning wood during its process of combustion sufficiently to a.cquire from such source alone all of its smoke or smoke effects for use in curing, preserving,. smoking, or flavoring meats.

It is further ordered, That respondent shall file within 60 days from the service hereof a report in writing setting forth the manner and form of its compliance with this order. 1 MYLES SALT CO., LTD. 327 Syilabus IN TIIE MATTER OF MYLES SAI.. T COMPANY, LIMITED COMPLAINT, Findings AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT 0.1!' CONGRESS APPROVED SEPT. 26, 1914 I• Docket 2152. Complaint, Jan. 1G, 193~-Decision, .Apr. 30, 19!J5 l . . Where a corporation engaged in the sale of a salt preparation for use In curing and smoking meats, made by mixing salt with pyroligneous concentrate. product of destructive distillation of pine wood, and refinement of the pyroligneous acid resulting therefrom, and by adding burnt sugar or other ingredients to the mixture to impart thereto the brown color of the necessarily more expensive genuine smoke salt- Described and designated its said product as "Myles' Smoke Salt" and set forth upon a card attached to the containers thereof, on the tace or con· spicuous .side, in, capital letters, "USE MYLES' SMOKE SALT FOR DELICIOUS HOME-CURED MEATS. SEE OTHER SIDE FOR IN· STRUCTIONS", together with its name, and displayed on the reverse or unexposed side, the legend, ln large capital letters, "DIRECTIONS FOR CURING WITH MYLES' SMOKE SALT", followed by instructions and preceded by language to the effect that the product contains various ingredients, including "Condensed Smoke", and '';Nothing else is necessary. This smoke salt when properly used assures you country-cured hams and bacons wlth delicious flavor", and, ln large conspicuous capital letters, "AlJSOLUTEI~Y NO OTHER SMOKING NECESSARY." With etrect of misleading and deceiving the purchasing public Into believing that said salt had been subjected directly to the action and effect of, or treated or impregnated with natural wood smoke produced by burning wood during process of combustion, and into purchasing same in rellanee on such belief, and of diverting trade to it from competitors offering in interstate commerce salt for curing meats, and those offering the necessnrlly more expenstve smoked salt for curing and smoking meat, truth· fully described and designated, and with capacity and tendency so to mislead, deceive and divert:

Held, That such acts and practices, under the circumstances set forth, were all to the prejudice of the public and competito1·s an•l constituted unfair methods of competltlton.

Air. James M. Brinson for the Commission. Milling, Godchaua:, Saal & Milling, of New Orleans, La., for respondent, Complaint 20F.T.C.

Complaint Pursuant to the provisions 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", the Federal Trade Commission, having reason to believe that Myles Salt Company, Limited, has been or is using unfair methods of competition in commerce, as. "commerce" is defined in said act, and it appearing to said Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: PARAGRAPH 1. Respondent, Myles Salt Company, Limited, is now and for several years last past has been a corporation organized, existing and doing business under the laws of the State of Louisiana with its principal office and place of business in the city of New Orleans and State of Louisiana. It has been and is engaged in the manufacture of a product described as "Myles' Smpke Salt" and in its sale in commerce among and between the State of Kentucky and the various other States of the United States. It has been and is in the course and conduct of its business in competition with individuals, partnerships and corporations engaged in the sale in interstate commerce of salt in like commerce. PAR. 2. Respondent has been and now is offering for sale:. and selling a certain product which it has described and designated and still describes and designates as "smoked salt" or "smoke salt". The label on the container in which the salt of respondent is packed and marketed bears a card of directions for use of the product. This card contains the legend: "Myles' smoke salt for home curing". On one side of the card of directions appears the following: "Use Myles' smoke salt for delicious home-cured meats". On the other side of this card appears: "Myles' smoke salt is carefully prepared and contains properly blended proportions of salt, sugar, cure condensed wood smoke and peppers. Nothing else is necessary. This smoke salt when properly used assures you country-cured hams and bacon with delicious flavor. Absolutely no other smoking is necessary." In truth and in fact, the product offered for sale and sold by respondent in interstate commerce as Myles' smoke salt has' not been and is not treated in any way with smoke or subjected to the action and effect of natural wood smoke. The word "smoked" or the word "smoke" when applied to or used in connection with the curing of meats has for a considerable period of time signified and meant and now signifies and means to retail dealers, and to the consuming public, subjection to the action and effect of, or treatment or impregnation with, the smoke produced by wood in process of combustion. MYLES SALT CO., LTD. 329 327 Findings PAR. 3. There have been for many years last part and now are individuals, partnerships and corporations engaged in the manufacture and sale in commerce among and between the various States of the United States of salt truthfully described and designated as "smoked salt" or as "~make salt".

PAR. 4. The practice of respondent in offering for sale or selling its product as "Myles' Smoke Salt" has had and has the capacity and tendency to mislead and deceive retail dealers and the consuming public into the belief that the product of respondent so described has been and is salt treated or impregnated with, or subjected to the action and effect of, natural wood smoke as described in paragraph 2 hereof.

The aforesaid practice of respondent has also had and has the capacity and tendency to divert trade to respondent from competitors selling smoked salt in interstate commerce truthfully designated and described.

PAR. 5. The aforesaid practices of respondent have been and are all to the prejudice of the public and of respondent's competitors and have been and are unfair methods of competition in violation of the provisions of Section 5 of an Act of Congress approved September 26, 1914, entitled ".A.n Act to create the Federal 'trade Commission, to define its powers and duties, and for other purposes". REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions 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", the Federal Trade Commission issued and served n. complaint upon respondent, Myles Salt Company, Limited, charging it with unfair methods of competition in commerce in violation of the provisions of Section 5 of said Act.

The respondent having entered its appearance and filed its answer, testimony was taken and evidence received in support of the complaint and on behalf of the respondent before an examiner of the Federal Trade Commission theretofore duly appointed for such purpose.

Thereupon this matter regularly came on for final hearing before the Commission on the record, briefs, and oral arguments and the Commission, having duly considered the record and arguments of counsel and being fully advised in the premises, files this its report stating its findings as to the facts and its conclusion drawn therefrom: Findings 20F.T.C.

FINDINGS .AS TO THE FACTS PARAGRAPII 1. Respondent, :Myles Salt Company, Limited, is now and for several years last past has been a corporation organized and existing under and by virtue of the laws of the State of Louisiana, with its principal offict;~ and place of business in New Orleans in said State, It has been and ~ engage~ in th~ manu.ta<ftUN of salt and its t>~le in co~merce among and petween ,the State of Louisiana and the various• others States of the Uruted States and the District of Columbia.

In the course and conduct ~f such business respondent has been and is in substantial competition with individuals, pa:t;tnerships and corporations offering for sale and selling salt, including "smoked salt", in, interstate commyrce. . PAR. 2. It has been for more than a year last past, and )low is the practice of respondent to offer for sale and sell a product which it describes and designates as "Myles Smoke Salt". It is. offered .for sale and sold for use in curing and smoking meats. Respondent sells it in bags to which is attached a. card, the face or conspicuous side of which bears the following in c;:tpital letters: "Use Myles Smoke Salt for Delicious Homecured ~feats. See other side for instructions. Myles Salt. Company, ~limited, New prleans, Louisiana." The letters in which the words "Myles Smoke Salt" are expressed are the largest a~1d most conspicuous on the card. On the reverse or unexposed side of the card, which the purchaser or user is invited to consult for instructions, appear the words in large capital letter;s "Directions for curing }With- Myles Smoke Salt"; below them ,are instructions for use of the product. Immediately above the words "Directions for curing with Myles Smoke S:Jlt" and in no sense relating to instructions or directions. for use pf the product: appears language which would be on the face or conspicuous side of the card, if intended by respondent as a bona fide qualification or explanation of the words "Myles Smoke. Salt" or as notice to the purchasing public that the so-called "smoke salt" in fact consists of salt which has been treated chemically with pyroligneous concentrate as hereinafter found, in order to produce an imitation of genuine smoke salt.

This language states that 1\Iyles Smoke Salt (the words "Myles Smoke S11.It" being 'in large capital letters) is carefully prepared and contains properly balanced proportions of salt, condensed smoke, peppers and saltpeter. It further contains· the ;following: "Nothing else is necessary. This smoke salt when properly used assures you country cured hams and bacons with delicious flavor. Absolutely MYLES SALT CO., LTD. 331 327 Findings no other smoking necessary." The words "Absolutely no other smoking necessary'' are in large, conspicuous capital letters. In truth and in fact the product of respondent, Myles Salt Company, I~limited, designnteu and descrjbed as "Myles Smoke Salt" has n9t been and is not subjected tol ot treated or impr~gnated wit4 11utural wood smoke produced by. burning wood dqring jts p;rocess of combustion. It is manufactured by: the mixture of· salt'' with a. product. of the American Turpentine and TAr. Company of New Orleans, La., which is 1 made from the destruct~ ve distillation of pine wood into pyroligneous acid, 'Which is certainly not smoke in any sense, and which, is then ·refined into a product which the manufacturer sells to respondent described as pyroligneous concentrate. Such pyroligneous concentrate, whkh is in fact pyroligneous acid minus some of its .ingredients, ;respondent thereupon falsely and deceptively renames "condensed smoke" when using small letters and "smoke" when using large and conspicuous letters in the legend on the containers of its product.

The color of salt smoked with natural wood smoke, that is, with smoke from burning wood, is brown. The mixture of white salt and pyroligneous acid or pyroligneous concentrate is gray. In order to imitate the color of genuine smoke salt respondent, by use of burnt sugar or other ingredients, imparts to its product the brown tolar which the P,urchasing fublic associates with genuine smoke salt.

Respondent pays to the American Turpentine and Tar Company 8evcnty cents per gallon for the pyroligneous concentrate which it mixes with its salt and is enabled thereby to sell its imitation smoked or smoke salt for less than the price of genuine smoked salt, the production of which requires maintenance of devices and processes for subjection of salt to natural wood smoke. PAR. 3. There have been for several years last past and now are individuals, partnerships and corporations offering for sale and selling in interstate commerce salt for curing meat and genuine .smoked salt for curing and smoking meat in competition with the product of respondent.

PAR. 4. The word "Smoke" or any word or words signifying or implying smoke when used to describe or·designate salt for curing and smoking meats, or in_ connection with smoking meats, have for many years last past signified and meant, and now· signify and mean to the purchasing public salt which ha~ been or is subjected directly to the action and effect of, or treated or impregnated with natural wood smoke, that is smoke produced by burning wood during its process of combustion. The product of respondent has not Order 20F.T.C.

been and is not so manufactured and its designation or description as "smoke salt" has been and is a. false representation. PAR. 5. The practice of respondent, Myles Salt Company, Limited, in offering for sale and selling its said product described and designated as "Myles Smoke Salt" has had, and has the capacity and tendency to mislead and deceive, has mislead and deceived, and does mislead and deceive the purchasing public into the belief that the product of respondent so described or designated has been or is subjected directly to, or treated or impregnated 'with natural wood smoke, that is, smoke produced by burning wood during its process of combustion, and into the purchase of respondent's product in reliance upon such erroneous belief.

Such false and misleading description or designation of its product by respondent has had and has the capacity and tendency to divert, and has diverted and does divert trade to respondent from its competitors offering for sale and selling in interstate commerce salt for curing meats and smoked salt for curing and smoking meats, truthfully described or de.signated.

CONCLUSION The acts and practices of respondent described in the above and foregoing findings as to the facts by the Commission have been and are all to the prejudice of the public and of respondent's competitors and have been and are unfair methods of competition in violation 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." ORDER TO CEASE AND DESIST This proceeding having been heard upon the complaint issued and served upon respondent, Myles Salt Company, Limited, and its answer thereto, testimony, evidence, briefs and arguments of counsel for the Commission and counsel for respondent, and the Federal Trade Commission having made its report in writing stating its findings as to the facts with its conclusion drawn therefrom that the said respondent has been and is violating the provisions 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":

It ia now ordered, That respondent, Myles Salt Company; Limited, its officers, agents, employees and representatives, in connection with offering for sale or selling salt in interstate commerce or in the MYLES SALT CO., LTD. 333 327 Order District of Columbia, cease and desist on brands or labels, and in magazines, trade journals, newspapers or other periodicals, or in house organs, pamphlets, radio broadcasting, or in any other form of advertisemen~, directly or indirectly, expressly or impliedly, from:

Using the word "smoked" or the word "smoke", or any other word or words signifying smoke, or implying use of smoke, to designate or describe salt offered for sale, or sold, for curing, preserving, smoking, or flavoring meats, unless the salt so described or designated has been or is directly subjected to the action and effect of the smoke from burning wood during its process of combustion sufficiently to acquire from such source alone all of its smoke or smoke effects for use in curing, preserving, smoking, or flavoring meats.

It is fwrther ordered, That respondent shall file within 60 days from the service hereof a report in writing setting forth the manner and form of its compliance with this order. Complaint 20 Jj'. T. C.