Fioret Sales Company, Inc., and Murray W. Morin; and Irving Unterman, Individually, and as; Officers of Fioret Sales Company, Inc.

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IN THE !fatter OF FlORET SALES COMPANY, INC., AND MURRAY ,V. MORIN AND IRVING UNTERMAN, INDIVIDUALLY, AND AS OFFICERS OF FlORET SALES COMPANY, INC.

:MODIFIED CEASE AND DESIST ORDER Docket 3164. Order, Mar. Z5, 1940 Modified order, pursuant to provisions of Sections 5 (i) of Federal Trade Commission Act, in proceeding in question, in which original order issued on February 19, 1938, 26 F. T. C. 806, and in which Circuit Court of Appeals for Second Circuit on December 5, 1938, in Fioret Sales Co., Inc., et al. v. Federal Trade Commission 100 F. (2d) 358, 27 F. T. C. 1702, rendered its opinion and on April 28, 1939, issued its final decree affirming order in question by modification thereof in certain particulars- Requiring respondent, its officers, etc., In connection with offer for sale and distribution of perfumes in interstate commerce or in the District of Columbia, to forthwith cease and desist from representing through use of such words as "Les Parfums des Jardines de Fioret," or through the use of any foreign words or phrases, or otherwise, that perfumes made or compounded in the United States are made or compounded in France or any other foreign country or are imported, subject to provision that so long as respondents obey terms of aforesaid prohibition, they may imprint upon or affix to packages, etc., or other containers of their perfumes, words "The concentrates of which these perfumes are made were produced in France and, as such, were imported into the United States where they were combined or diluted with domestic alcohol and the resulting perfume was bottled in United States of America."

Modified ORDER TO Cease AND Desist This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on February 19, 1938, the Commission made its findings us to the facts herein and concluded therefrom that respondents 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 that on December 5, 1938, the United States Circuit Court of Appeals for the Second Circuit rendered its opinion and on April 28, 1939 issued its final decree affirming the aforesaid order of the Commission by modifying said order in certain particulars. 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 decree :

Order 30F.T.C.

It is ordered, That the respondents, Fioret Sales Co., Inc., a corporation, its officers, representatives, agents, and employees, and Murray ,V. Morin and Irving Unterman, individually, and as officers of respondent Fioret Sales Co., Inc., in connection with the offering for sale, sale and distribution of perfumes in interstate commerce or in the District of Columbia, do forthwith cease and desist from, directly or through implication:

Representing, through the use of such words as "Les Parfums des Jardine de Fioret," or through the use of any foreign words or phrases, or through any other means or device, or in any manner, that perfumes manufactured or compounded in the United States are made or compounded in France or in any other foreign country, or are imported.

It i8 hereby further ordered, That, so long as respondents shall obey the terms of prohibition 1 hereof, that they be, and hereby are, permitted and authorized to imprint upon, or affix to, packages, cartons, bottles, or other containers of their said perfumes the following words, to wit: "The concentrates of which these perfumes are made were produced in France and, as such, were imported into the United States where they were combined or diluted with domestic alcohol and the resulting perfume was bottled in United States of America." It is further ordered, That the respondents shall, within 30 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.

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