Carey Salt Co

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

IN THE MATTF.R OF CAREY SALT COMPANY CEASE AND DESIST ORDER Docket 2.i16. Order, Oct. 11, 1939 Order requiring respondent, its officers, etc., in instant proceeding (following Comml~sion's complaint, etc., findings, and order of December 3, 1936, 24 F. T. C. 42, placement of matter in fieri pending decisions in related salt cases, anc:J. the making of such decisions therein) to cease and desist from uslug the word "smoke" to designate, etc., salt offered and sold by it and which had not been directly subjected to action and effect of smoke from burning wood, etc., for curing, preserving, sutoldng, or flavoring meats, and from representing that its so-called "smoke" salt cures and smokeftaYors meat in one operation, or cures and smokes meat at all, or that treatment of meat with its product is a thousand times better than the oltl smoke house, or-as good, or that meat thereby acquires same taste or fl:avor, etc., as it acquires from treatment with salt and subsequent exposure to smoke from burning wood, etc., as In said original proceeding required, and in said cease and desist order below set forth. lle:fore J,f r. Robert S. II all, trial examiner. Mr. Jay L. Jackson :for the Commission.

Williams, 11/artindell, Carey & Brown, o:f Hutchinson, Kans., :for jrespondent.

ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer o:f the respondent, the stipulation as to certain :facts and testimony and evidence in support of the allegations of the complaint and in opposition thereto, briefs filed herein by counsel for the Commission and counsel :for the respondent, and the Commission having made its report in writing stating its findings as to the facts and its conclusion that said respondent has violated the provisions of un act o:f 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, on December 3, 1936 issued an order requiring the respondent, Carey Salt Co., its officers, representatives, agents, and employees, in connection with the offering :for sale, sale, and distribution o:f salt in interstate commerce or in the District of Columbia, do :forthwith cease and desist from certain practices, and further ordering said respondent to file within 60 days from and after the service of said order a report in writing setting forth in detail the manner and form of its compliance therewith, and CAREY SALT CO. 1135 1134 Order by order duly entered herein on March 5, 1937 having extended the time for filing report of compliance with said order until such time as the Commission rendered its final decision in the matters of Smoke Products Co., et al, Docket 2783, and Pennsylvania Salt Manufacturing Co., et al., Docket 2784; and by order duly entered herein on May 20, 1938 having directed that this matter remain in fieri without prejudic~ to the right of the Commission forthwith to enter such final order as seems just at or after the Commission's final decision in Dockets 2783 and 2784, and the Commission having made its final decision in the matters of Dockets 2783 and 2784, and having duly entered and issued its findings as to the facts and conclusions and orders to cease and desist in these matters, and having duly considered the record herein ;1 It is ordered, That the respondent, Carey Salt Company, its offi- ~ers, representatives, agents and employees, in connection with the offering for sale, sale, and distribution of salt in interstate commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease a11d desist from:

1. Using 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 the process and course of its combustion sufficiently to acquire from such source alone all of its smoke or smoke effects for use in curing, preserving, smoking, or flavoring meats. 2. Representing that its so-called smoke salt cures and smoki!flavors meat in one operation or that it cures and smokes meat at all or that treatment of meat with its said product is a thousand times better than the old smokehouse or as good or that meat by treatment with such product acquires therefrom the same taste or flavor or other properties or effects, as meat acquires from treatment with salt and subsequent exposure to the smoke from burning wood during the process and course of its combustion.

It i~ further ordered, That the respondent shall, within 60 days after service upon it 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 this order.

1 s~e. for said decisions, pp. 1136 and 1143, !nf•·a. 1136 FEDERAL. TRADE COMMISSION DECISIONS Complaint 29F.T.C.