W. H. Snyder, R. P. Snyder and Roger N. Snyder, doing business as W. H. Snyder & Sons

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IN THE MATTER OF W. H. SNYDER, R. P. SNYDER AND ROGER N. SNYDER, DOING BUSINESS AS W. H. SNYDER & SONS MODIFIED CEASE AND DESIST ORDER Docket lJ,-11. Orller, Dec. 20, 1939 Ordf'r, in response to motion, modifying eense ttml desist order of 1\larch 8, 1932, 16 F. T. C. 59, so us to require respondents, their agents, etc., in connection with offer, etc., in commerct>, of cigars, to cease and dt>sist from using word "Havana" or other words, etc., indicative of. Cuban origin, etc., to describe, etc., cigars not made from tobacco grown on island of Cuba, as in said order set forth.

Mr. M a:rshall Morgan for the Commission. l\foDIFIED ORDER w CEASE AND D~-:sist, ETc. This matter coming on to be heard by the Commission upon the motion of the Chief Counsel for the Commission, filed November 1, 1939, that the Commission modify the order to cease and desist as entered herein on l\farch 3, 1932, and it appearing that notice that said motion would be heard by the Commission on November 151 19391 was duly served upon respondents, and it further appearing that respondents herein have not been engaged in the manufacture of cigars under the brand names "Havana Fruit" and "Havana Velvet," respectively, ~ince the year 19331 and that said respondents have no intention of resuming the manufacture and sale of cigars under such brand names, and the Commission having duly considered the said motion and the record herein, and being now fully advised in the premises.

It is ordered, That the motion to modify the order to cease and desist issued herein on l\farch 3, 1932, be, and the same hereby is, granted in all respects except for the period of time within which said respondents are directed to file a report of compliance with the terms of this order.

It is further ordered, That the order to cease and desist issued herein on l\Iarch 3, 1932, be, and the same hereby is, modified so as to read as follows :

This proceeding having been heard by the Federal Trade Commission upon the entire record, including the complaint of the Commission, and the answer of the respondents thereto, the stipulation as to the facts agreed upon and approved; and the Commission having made its findings as to the facts and its conclusion that said respond- W, H. SNYDER & SONS 147 146 Modified Order ents have violated the provisions of 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."

It is now ordered, That "\V. H. Snyder, R. P. Snyder, and Roger N. Snyder, partners, doing business under the trade name and style W. H. Snyder & Sons, and each of them, their agents, individual or corporate, representatives, servants, employees, and successors in business, in connection with the offering for sale, sale, and distribution of cigars in commerce, as commerce is defined in the Federal Trade Commission Act, do cease and desist from : Using the word "Havana" or any other word or words, terms, or picturizations indicative of Cuban origin or descriptive of Cuba, alone or in conjunction with any other word or words, to describe, designate, or in any way to refer to cigars which are not made from tobacco grown on the island of Cuba.

It is further ordered, That the respondents shall, within 60 days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order. 148 FEDERAL TRADE COMl\IISSION DECISIONS Modified Order 30F.T.C.