G. S. Blakeslee & Co.

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

IN THE l\LATTER OF G. S. BLAI\:ESLEE & CO.

MODIFIED CEASE AND DESIST ORDER Docket 4678. 01-clcr, November 1, 1~49 Modified order in proceeding in question, in which original order issued on December 30, 1948, 45 F. T. C. 418, requiring respondent, its officers, etc., in connection with the offer, etc., in commerce, of its synthetic degreasing solvents, to cease and desist from misrepresenting in any manner the constituents, properties, etc., of "Kolene T," or of any other degreasing solvent sold in competition with respondent's product, etc.; as in said order below set out. iJfr. John R. Phillips, JT., for the Com1i1ission. D'Ancona, Pfta·wn, lVyatt .& Riskind, of Qhicago, Ill., for respondent. .

l\IODTFJ ED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complajnt of the Commission, the respondent's answer thereto, and a stipulation as to the facts entered into by and between the respondent, by its counsel, and Daniel J. l\Iurphy, Assistant Chief Trial Counsel of the Commission, which stipulation provided, among other things, that without further evidence or other intervening ·pro- . cedure except the filing of briefs and the presentation of oral argument (the filing of briefs and the presentation of oral a.argument having been subsequently waived), the Commission may issue and serve upon the respondent its findings as to the facts and conclusion based thereon and an order dispoFjng of the proceeding; and the Commission, having made its findings ~ts to the facts and its conclusion that said respondent had violated the provisions of the Federal Trade Commission Act, on December 30, 1948, issued and on January 13, 1D49, served upon the respondent its order to cease and desist. Thereafter, this matter again came on for hearing before the Commission upon a motion, filed by the respondent, requesting that the aforesaid order to cease and desist bE: modified, the answer to such motion, filed by counsel opposing the same, and the respondent's reply thereto; and the Commission having considered said motion, answer, and reply, and t.he record herein, and being of the opinion that its order to cease and desist issued December 30, 1948, should be modified :

854002--52----13 Order 46F. T. C.

It is ordered, That the respondent, G. S. Blakeslee & Co., 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 in commerce, as "commerce" is defined in the Federal Trade Commission Act, of its synthetic degreasing solvents, do forthwith cease and desist from: - ( 1) Misrepresenting in any manner the constituents, properties, or characteristics of "l(olene T," or any other clegreasing solvent sold in competition with the respondent's products; (2) Representing, directly or by implication, that "Kolene T" has no merit or value or that it is not suitable or satisfactory as a degreasing agent;

( 3) Representing, directly or by implication, that "Kolene T ," when used in synthetic solvent degreasing machines will separate, break down, or form acid, or that it will react unfavorably against or corrode the metals being degreased or the machines in which such solvent is used;

( 4) Representing, directly or by implication, that the toxicity of or dangers from the fumes of "Kolene T" are greater than the toxicity of or dangers from the fumes of the respondent's degreasing solvents; or misrepresenting in any manner the absolute or comparative toxicity of or dangers from the fumes of "Kolene T" or any other competing degreasing solvent;

( 5) Representing, directly or by implication, that the hazards of fire or explosion from the use of "Kolene T" are greater than the hazards of fire or explosion from the use of the respondent's degreasing solvents; or representing, directly or by implication, that "l{olene T" is inflammable or explosive when used for degreasing purposes under standard or usual conditions for such work; ( 6) Making or publi~hing any false or disparaging representations concerning the degreasing solvent of any competitor; or supplying to or placing in the hands of distributors or others any misleading statement, claim, report or data which may be used by such distributors or others as a means of or basis for any false or disparaging representation concerning the degreasing solvent of any competitor. It is further ordered, That the respondent shall, within 60 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.

E. I. DUPONT DE NEMOURS & .CO., INC. 149 Order IN THE l\iA Tler OF E. I. DU PONT DE NEM:OURS & CO., INU.

MODIFIED CEASE AND DESIST ORDER Docl~;et 1685. Order, November 1, 1919 Modified order in proceeding in question, in which original order issued on Decem· ber 30, 1948, 45 F. T. C. 437, requiring respondent, its officers, etc., in ·connection with the offer, etc., in commerce, of respondent's synthetic dry cleaning and degreasing solvents, to cease and desist from misrepresenting in any· manner the constituents, properties, or .characteristics of "Kolene C" or· "Kolene T," or of any other dry cleaning or degreasing solvent sold in com-petition with respondent's products, etc., as below set out. Mr. John R. Phillips, Jr., for the Commission. Covington, Burling, Rublee & Shorb, of vVashington, D. C., and Mr. Osoar A. Proroost and llfr. John W. Eckelberry, of Wilmington, Del., for respondent.

l\IODIFIED ORDER TO CK\.SE AND DESIST This proceeding having been heard by the Federal Trade Comm.ission upon the complaint of the Commission, the respondent's answer thereto, a stipulation as to the facts entered into by and between the respondent, by its counsel, and Daniel J. l\1urphy, Assistant Chief Trial Counsel of the Commission, and briefs in support of and in opposition to the allegations of the complaint, and said stipulation providing, among other things, that without further evidence or other intervening procedure except the presentation of briefs and oral argument (oral argument having been subsequently waived), the Commission may issue and serve upon the respondent its findings as to the facts and conclusion based thereon and an order disposing of the proceeding; and the Commission, having made its findings as to the facts and its conclusion that said respondent had violated the provisions of the Federal Trade Commission Act, on December 30, 1948, issued, and on January 12, 1949, served upon the respondent its order to cease and desist. Thereafter, this matter again came on for hearing before the Commission upon a motion, filed by the respondent, requesting that the aforesaid order to cease and desist be modified, the answer to such motion, filed by counsel opposing the same, and the respondent's reply thereto; and the Commission, having considered .said motion, an~wer, and reply, and the record herein, and being of the Order 46F. T. C.

opinion that its order to cease ~nd desist issued December 30, 1948, should be modified :

It is ordered, That the respondent E. I. dupont de Nemours & Co., Inc., 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 in commerce, as "commerce" is defined in the Federal Trade Commission Act, o:f its synthetic dry cleaning .and degreasing solvents, do forthwith cease and desist :from: •( 1) Misrepresenting in any manner· the constituents,. properties, or ·characteristics of "l{olene C" or "l{olene T," or of any other dry cleaning or degreasing solvent sold in competition with the respondent's products;

(2) Representing, directly or by implication, that "Kolene C" has no merit or value or that it is not suitable or satis:factory as a dry cleaning agent, or that "Kolene T" has no merit or value or that it is not suitable or satisfactory as a degreasing agent; (3) Representing, directly or by implication; that either "Kolene C" or "Kolene T;" when used in synthetic solvent dry cleaning or degreasing machines will separate, break down or form acid, or that either of said solvents will react unfavorably against or corrode the materials or metals being dry cleaned or degreased or the machines in which said solvent is used;

( 4) Representing, directly or by implication, that the toxicity of or dangers from the :fumes of "Kolene C" or "Kolene T" are greater than the toxicity o:f or dangers from the fumes o:f the respondent's dry cleaning or degreasing solvents; or misrepresenting in any manner the absolute or comparative toxicity o:f or dangers :from the fumes of "Kolene C" or '"l{olene T" or any other competing dry cleaning or degreasing solvent;

( 5) Representing, directly or by implication, that the hazards of fire or explosion from the use of "Kolene C" or "Kolene T" are greater than the hazards of fire or explosion from. the use of respondent's solvents; or representing, directly or by implication, that "Kolene C" or "Kolene T" is inflammable or explosive when used for dry cleaning or degreasing purposes under standard or usual conditions for such work;

( 6) ]\taking or publishing any false or disparaging representations concerning the dry cleaning or degreasing solvent of any competitor; or supplying to or placing in the hands of distributors or others any misleading statement, claim, report or data which may be used by such distributors or others as a m·cans of or basis for any false or dis- E. I. DUPONT DE NEMOURS & CO., INC. 151 149 Order paraging representation concerning the dry cleaning or degreasing solvent of any competitor.

It is lurther ordered, That the respondent shall, within 60 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.

Syllabus 46F.T.C.