Lekas and Drivas, Inc

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

IN THE ~ATTER OF LEKAS AND DRIVAS, INC.

MODIFIED ORDER TO CEASE AND DESIST Docket 4815. Order, AprilS, 1945 Modified order pursuant to provisions of Section 5 (i) of the Federal Trade Commission Act and in accordance with decree below referred to, in proceeding in question in which original order issued on July 7, 1943, 37 F. T. C. 9, and in which the Circuit Court of Appeals for the Second Circuit on November 30, 1944, in Lekas and Drivas, Inc. v. Federal Trade Commission, 145 F. (2d) 976, 39 F. T. C. 714, rendered its opinion, and on December 18, 1944 issued its decree modifying said order of the Commission in certain particulars and affirming the same in other particulars- Requiring respondent, its officers, etc., in connection with the offer, etc., of olive oil, to cease and desist from disseminating advertisements which directly or through inference misrepresent the therapeutic value of its said product, misrepresent nutritional value of olive oil as compared with meat, or misrepresent specific vitamin contents thereof, etc., as in said order specified. ~ODIFIED ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on July 7, 1943, the Commission made its findings as to the facts herein and concluded therefrom that respondent had violated the provisions of the Federal Trade Commission Act and issued and subsequently served its order to cease and desist; and it further appearing that on November 30, 1944, the United States Circuit Court of Appeals for the Second Circuit rendered its opinion and on December 18, 1944, issued its decree modifying the aforesaid order of the Commission in certain particulars and affirming said 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 rnodified order to cease and desist in conformity with said decree. It is ordend, That the respondent, Lekas and Drivas, Inc., a corporation, and its officers, agents, representatives, and employees, directly or through any corporate or other device in connection with the offering for sale, sale, or distribution of olive oil, do forth"'ith cease and desist from directly or indirectly:

1. Disseminating or causing to be disseminated any advertisement by rneans of the United States mails or by any means in commerce as "comrnerce" is defined in the Federal Trade Commission Act, which advertisement represents directly or through inference, a. That respondent's olive oil, when taken internally, has any specific therapeutic value in the treatment or prevention of any disease or condition, except a possible slight value as a laxative. b. That respondent's olive oil is a tonic or that its use will invigorate or build up vital organs.

c. That respondent's olive oil will have any value in preventing appendicitis, gallstones, or infections of the bladder. d. That respondent's olive oil, when applied externally, has any thera- Order 40 F. T. C.

peutic value in the treatment of irritations of the skin other than that supplied by a lubricant.

e. That respondent's olive oil has any therapeutic value in the treat~ mentor alleviation of pain resulting from neuralgia or rheumatism other than the beneficial effects which might be obtained from the rubbing or massage facilitated by the use of olive oil as a lubricant. f. That the nutritional value of olive oil is comparable to, or of greater value th~n, dried or fresh meat.

g. That respondent's olive oil supplies substantial quantities of vita~ mins A or E or that it has any therapeutic value in the treatment of any condition where the .use of such vitamins might be beneficial. h. That respondent's olive oil contains vitamin F. 2. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce, di~ rectly or indirectly, the purchase in commerce as" commerce" is defined in the Federal Trade Commission Act, of respondent's olive oil, which adver~ tisement contains any of the representations prohibited in paragraph 1 hereof and the respective subdivisions thereof. It is further ordered, That the respondent shall, will).in 30 days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which it has complied with this order.

/ / TEXAS TASTY CO. 325 Order