Heusner & Son, H. N

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

IN THE MATTER OF H. N. HEUSNER & SON MODIFIED CEASE AND DESIST ORDER Docket 2355. Order, Mar. 25, 1940 1\Iodified order, pnrsu:wt to provisions of S~!'tion 5 (I) of Federal Trade Commission Act, in proceeding in question, in which original order issued on l\Iay 29, 1937, 24 F. T. C. 1370, and in which Court of Appeals for Third Circuit, on Aug. 10, 1039, in H. N. IIeusner <~ Son v. Federal Trade Commission, log F. (2d) 5!JG, 29 F. T. C. 1580, rendered its decree modifying order of the Commission in question so as to allow respondent two years from date thereof within which to eliminate word "Havana" from brand name and labels of its cigars not made of Havana tobacco, sold by it as "Hemmer's Original Harana Smokers" and "Martinez Havana Smokers"- Requiring respondent, its officers, representatives, employees, or agents, on and after two years from Aug. 10, 1939, and In connection with offer for sale and distribution of cigars in interstate commerce and in the District of Columbia, to cease and desist from representing, through use of words "Havana" or "Habana," or otherwise as below set forth, that cigars not manufactured entirely from tobacco grown in Cuba are Havana cigars. Modified OnoER TO CEASE AND Desist This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on May 29, 1937, the Commission made its findings as to the facts herein and concluded therefrom that respondent had violated the provisions of section 5 of the Federal Trade Commission Act and issued and subsequently served its order to cease and desist; and it further appearing than on August 10, 1939, the United States Circuit Court of Appeals for the Third Circuit rendered its decree modifying the aforesaid order of the Commission so as to allow the respondent 2 years from the date thereof within which to eliminate the word "Havana" from the brand name and labels of cigars not made of Havana tobacco and sold by it as "Heusner's Original Havana Smokers" and "l\Iartinez Havana Smokers." Now, therefore, Pursuant to the provisions of subsection (i) of section 5 of the Federal Trade Commission Act, the Commission issues this its modified order to cease and desist in conformity with the said Court decree;

It is ordered, That the respondent, H. N. Heusner & Son, a corporation, its officers, representatives, employees, or agents, individually or corporate, on and after 2 years from August 10, 1939, shall cease and desist, in connection with the offering for sale, sale, and distribution of cigars in interstate commerce and in the District of Columbia; Order 30F.T.C.

From representing, through the use of words "Havana" or "Habana," alone or in conjunction with any other word or words, or through the use of any other words of similar import and effect, or in any other manner, that cigars not manufactured entirely from tobacco grown on the Island of Cuba are Havana cigars.

It is hereby further ordered, That within the period of 2 years and 30 days from August 10, 1939, the respondent, H. N. Heusner & Son, a · corporation, be, and it hereby is, directed and ordered to file with the Commission a report in writing setting forth with particularity the manner in which it has complied with the terms of the modified ord~r herein.

BEAR MILL MANUFACTURING CO., INC. 781 Order