Wrisley Co.,.Allen B

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

IN THE MATTER OF ALLEN B. WRISLEY COMPANY ET AL.

MODIFIED CEASE AND DESIST ORDER Docket 3021. Order, Feb. 10, 1941 Modified order, pursuant to provisions of section 5 (!) of Federal Trade Commission Act, and in accordance with decree below set forth, in proceeding in question, in which original order issued on April 6, 1939, 28 F. T. C. LEGS, 1375, and in which Circuit Court of Appeals for Seventh Circuit on June 12, 1940, in Allen B. Wrisley Co. et al v. Fedeml Trade Commission, 113 F. (2d) 437, 31 F. T. C. 1815, rendered its dec:sion setting aside Commission's order, with permission to Commis:sion to pre!'ent order consistent with such decision, and on July 18, 19-10, issued its decree modifying saiti Commission order anti directed Commission to modify its said order to cease and desist in accordance therewith- Requiring respondents, their officers, etc., in connection with offer, etc., in interstate commerce or District of Columbia, of soap, to forthwith cease and desif't from representing, in any manner, that any soap which does not contain olive oil to exclusion of all other oils is an olive oil soap, and from using brand names or labels "Olivilo," "Royal Olive Oil Pure," and other1· brand names or labels as below set forth, or others of similar import or meaning, or word "Olive" or letters "oliv," equivalent term to describe, etc., soap, oil content of which is not wholly olive oil, and subject to <:>xplanatory qualification, in case of soap composed in part thereof, as below set forth, and excepting from prohibition of order trade names or labels ''Palm and Olive Oil Soap," "Palm anti Olive Soap," and "Oliv-Palm Complexion Soap." :MODIFIED ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Corruni~sion and it appearing that on April 6, 1939, the Commission made its findings as to the facts herein :md concluded therefrom that the 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 June 12, 1940, the United States Circuit Court of Appeals for the Seventh Circuit rendered its decision setting aside the Commission's order to cease and desist with permission to the Commission to present an order consistent with such decision, and that on July 18, 1940, the aforesaid Circuit Court of Appeals issued its decree modifying the aforesaid order of the Commission and directed the Commission to morlify its aforesaid order to cease and desist in accordance with said decree.

ALLEN B. WRISLEY CO. ET AL. 719 718 Modified Order Now, therefore, Pursuant to the provisions of subsection (i) of section 5 of the Federal Trade Commission Act, ths Commission issues this its modified order to cease and desist in conformity with the said court decree :

It is ordered, That the respondents, Allen D. 1Vrisley Co. and Allen B. Wrisley Distributing Co., also trading under the name Regal Soap Company, their officers, representatives, agents, and employees, directly or through any corporate or other device, and Karl Mayer, George A. 1Vrisley, and 1Vrisley B. Oleson, copartners trading as Karl Mayer & Co., or trading under any other name, their agents, representatives, and employees, in connection with the offering for sale, sale, and distribution of soap in interstate commerce or in the District of Columbia, do forthwith cease and desist from: 1. Representing in any manner that a soap which does not contain olive oil to the exclusion of all other oils is an olive-oil soap. 2. Using the brand names or labels "Olivilo," "Royal Olive Oil Pure," "Purito Olive Oil Castile," "Olive-Skin Pure Toilet Soap," or "Del Gloria Castile Made 1With Pure Olive Oil," or other brand names or labels of similar import or meaning containing the word "Olive" or the letters "oliv" or any equivalent term, to describe, designate, or in any way refer to soap the oil content of which is not wholly olive oil. Nothing contained herein shall prevent the respondents from using brand names containing the word "olive," or any derivative thereof or other word or words of similar import or meaning, to describe or designate a soap containing olive oil combined with other oil or oils, if respondent shall clearly, conspicuously, and truthfully designate that such soap is not made wholly of olive oil, and if olive oil is present in said soap in an amount sufficient substantially to effect its detergent or other qualities. The prohibition of this order shall not apply to the trade names or labels "Palm and Olive Oil Soap," "Palm and Olive Soap," and "Oliv-Palm Complexion Soap."

It i8 further ordel•ed, 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.

Syllabus 32 F. T. C.