Charles N. Miller Co.
Volume 32 · 32 F.T.C. 1464
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Charles N. Miller Co., 32 F.T.C. 1464 (1941). Consumer Law Library, https://consumerlawlibrary.org/decisions/v032-0156
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Cited by 0 later FTC decisions
Cites
- 23 F.T.C. 88 — EDISON-BELL COMPANY, INC., ET AL cited_neutral
- 27 F.T.C. 1678 unresolved_page_range
Text (OCR of the scan at left; may contain errors)
IN THE l\IATTER OF CHARLES N. l\IILLER CO.
MODIFIED CE.ise AND DESIST ORDER Docket 2826. Order, .ilay 14, 1941 Modified order, pursuant to provisions of Section 5 ( i) of Federal Trade Commission Act, In proceeding in question, In which ( 1) Commission on November 14, 1936, 23 F. T. C. 88G, issued its :n;Ddified order pt·ohibitlng sale o! candy by lottery schemes or devices; 11nd (2) Circuit Court of Appeals for the First Circuit, on June 10, 1938, In Fede1'al Trade Com.m,i.ssion v. Char/e.~ N. Miller Co., 97 F. (2d) 5G3, 27 F. T. C. 1678, rendered its opinion modifying afor~>said modified order of the Commission in certain particulars and affirming said modified order in other particulars- Requiring respondent, its officers, etc., in the offering for sale, sale.and distribution in Interstate commerce of candy and candy products, to cease and desist from (1) selling, etc., to jobbers, etc., for resale to retailers, eandy so packed and assei:nbled that sales thereof to the general public are to be made, or are designed to be made, by means of a lottery, etc., (2) supplying, etc., wholesalers, etc., with packages or assortments of candy which are used, or are designed to be used, without alteration or rearrangement of the contents, to conduct a lottery, etc., In sale or clistrilmtion of such contents, and (3) packing, etc., In the sa:n;e package, etc., of candy for sale to the public at retail, pieces of candy of uniform size, etc., with eenters of a different color, together with larger pieees of candy to be given as prizes to those procm·lng piece with center of a particular colot·; as in order below in detail specified and set forth.
:Modified ORDER ro CEASE AND Desist This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on August 4, 1936, 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 on November 14, 1936, issued and served its modified order to cease and desist; and ij, further appearing that on June 10, 1938, the United States Circuit Court of Appeals for the First Circuit rendered its opinion modifying the aforesaid modified order of the Commission in certain particulars and affirming said modified order in other 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 Court opinion :
It is ordered, That the respondent, Charles N. Miller Co., its officers~ agents, representatives, and employees, in the offering for sale, salet CHARLES N. MILLER CO. 1465 1464 Order and distribution in interstate commerce of candy and candy products, do cease and desist from:
1. Selling and distributing to jobbers and \vholesale dealers for resale to retail dealers, or to retail dealers direct, candy so packed and assembled that sales of such candy to the general public are to be made or are designed to be made by means of a lottery, gaming device, or gift enterprise.
2. Supplying to or placing in the hands of wholesale dealers and jobbers or retail dealers packages or assortments of candy which are used or are designed to be used, without alteration or rearrangement of the contents of such packages or assortments, to conduct a lottery, gan1.ing device, or gift enterprise in the sale or distribution of the candy or candy products contained in said assortment to the public. 3. Packing or assembling in the same package or assortment, for sale to the public at retail, pieces of candy of uniform size and shape having centers of a different color, together with larger pieces of candy, which said larger pieces of candy are to be given as prizes to the purchaser procuring a piece of candy with a center of a particular color.
It is further ordered, That the respondent, within 30 days after the service upon it of this order, shall file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist hereinabove set forth. 1466 FEDERAL TRADE COM..""vi:ISSION DECISIONS Syllabus 32F.T.C-