Smith, Herbert L

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IN THE MATTER OF HERBERT L. SMITH MODIFIED CEASE AND DESIST ORDER Docket 1-'167. Order, Dec. 20, 193.9 Order, In response to motion, modifying cease and desist order of March H, 1932, 16 F. T. C. 8!), so as to require respondent, his agents, etc., In connection with offer, etc., In commet·ce, of cigars, to cease and desist from using word "Harana" or other words, etc., indicative of Cuban origin, etc., to describe, etc., cigars not made from tobac<'o grown on island of Cular, as In said order set forth.

Mr. llfarshall Morgan for the Commission. Mr. L.A. Spie.<Js, of ·washington, D. C., for respondent. l\Iodified ORDER TO CEASE AND Desist, 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 entered herein on l\Iarch 14, 1932, and it appearing that notice that said motion would be heard by the Commission on November 15, 1939, was duly served upon respondent, and that respondent thereupon appeared by counsel on November 15, 1939, and was duly heard by the Commission upon said motion, together with the Chief Counsel for the Commission, and the Commission having duly considered the said motion, including argument of counsel, and the record herein, and being now fully advised in the premises. 1 t is ordered, That the motion to modify the order to cease and desist issued herein on .March 14, 1932, be, and the same hereby is, granted in all respects.

It is further ordered, That the order to cease and desist issued herein on .March 14, 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 respondent 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 respondent has been, and is, violating 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."

HERBERT L. Sl\IITH 155 154 Modified Order It is now ordered, That Herbert L. Smith, his agents, individual or corporate, representatives, servants, employees, and successors in business on and after 2 years and 30 days from August 10, 1939, 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 fwrther' ordered, That within the period of 2 years and 30 days from August 10, 1939, the respondent Herbert L. Smith, be and is hereby directed and ordered to file with.the Federal Trade Commission a report in writing setting forth with particularity the manner in which he has complied with the terms of this order. 156 FEDERAL TRADE COl\Il\fiSSION DECISIONS Syllabus 30F. T. C.