V. La Rosa & Sons, Inc.

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IN THE 1UTTER OF v. LA ROSA & SONS, INC.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF Tile l"EDEHAL TR.'\DE CO)UIISSION ACT Docket 6289. Complaint, Jan. 1955-Der:ision, Apr. 14, 1955 Consent order requiring a manufacturer with offce in New Yorl( City and plants in Connecticut and Pennsylvania, to cease advertising falsely that its macaroni and spaghetti were 100y-calorie and non-fattening foods, especially when prepared with the sauces recommended. Before 11/,.'. F7'ank flier hearing examiner. lift. .1 oseph Callaway for the Commission. COMPLAINT Pursuant to thc provisions of the Federal Trade Commission Act and by reason of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that V. La Rosa & Sons Inc., a corporation, hereinafter referred to as respondent, has violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: PAHAGHAPH 1. Respondent V. La Rosa & Sons, Inc., is a corporation organized and existing under and by virtue of the laws of the State of New York, with its offce and principal place of business located at 473 ICent Avenue, Brooklyn, New York, New York, and with plants in Danielson, Connecticut, and Hatboro, Pennsylvania. PAR. 2. The respondent is now and Tor several years last past has been engaged in the business of selling and distributing macaroni and spaghetti, which are food products as "food" is defined in the Federal Trade Commission Act. Said foods are sold and distributed under the trade names La Hosa macaroni and La Hosa spaghetti. The ingredients of La Hosa macaroni and La Hosa spaghetti are No. Seminola flour to each 100 pounds of \which is added one ounce of enrichment and less than 13% water. The amount of water originally adelee! is 20 to 25% and the preparation is then dehydrated. The enrichment consists of vitamins Bl, B , iron and niacin. The directions on the carton of the one pound package of macaroni are as follows:

To cook one pound of mac!lroni, bring six quarts of water to a violent boil. Add three tablespoonsful of salt. When water is boiling fast, add contents of Complaint 31 F. T. C.

this package. Stir often. Boil until tender. Drain and place on platter or in individual dishes. Pour over it whatever sauce or gravy you have prepared and mix well. Eat while hot.

The directions on the cartons of spaghetti are similar to those on the carton of macaroni.

PAR. 3. Respondent causes its said food products, when sold, to be transported from the place of business of respondent in the State of =" cw Yark and from its plants in the States of Connecticut and Pennsylvania to purchasers thereof located in various other States of the United States, and maintains and at an times ment,lancd herein has maintained a course of trade in said food products between and among the various States of the United States.

PAR. 4. In the course and conduct of its said business respondent within the past three years has disseminated, and caused the dissemination of, certain advertisements concerning its said food products by the United St.ates mails and by various means in commerce commerce" is defined in the Federal Trade Commission Act, including advertisements inserted in ne,,spapers of general circulation, in radio continuities broadcast from radio stations with sufficient po,,er to cross State lines and in other advertising matter, for the purpose of inducing and \which ivere likely to induce, directly or indirectly the purchase of responclenfs said products and respondent has clisserninated and caused the dissemination or advertisements conee.rning its said products, including but not limited to the advertising matter referred to above for the purpose of inducing and which ,were likely to induce, directly or indirectly, the Pllrehase of its said products in commerce as ';commerce" is defined in the Federal Trade Commission Act.

Among a.nd typical, bul not all inclusive of the statements, and representations, clisseminated as aforesaid are the following: FOOD RESEARCH PIWVES LA nOSA HAS LESS CALOHIES HAS LESS CALOJUES done PHOTEIX THAN OTHER DIPOHTAXT FOODS Look better " * * feel younger! A VOID EXCESS WEIGHT Don t let extra pounds hold you down. You ll look more attl'acti'. ha '"e a figure that people admire. :Uedical sdence a(1Yises Hcount yom' calories!" Xon' nutritional researcll reveals that La RO/:fL .JIacaroni contains less fat-producing calories than many otlwr jmportant foods. La Rosa helps ou kecJl trim-it's rich in health-huilding pL'otejn-supplies UlflllY essential food element€.

V. LA ROSA & SONS, TIC. 903 901 Complaint A LONGER LIFE * * * A LARGER E" COME! Doctors and insurance companies warn that overweight is one of America s greatest health dangers. The relationship between weiglJt and life expectancy, between weight and heart trouble (as well m; many other ilnesses) are medicall ' proven facts. Good health and vigor are most important for high earning: ca pacity. You can t afford to ignore your waistlne! LESS CALORIES Here s amazing proof LA HOSA COI'TAI:-S LESS FAT-PRODVCIKG CAl,ORIES THA THESE BIPORTAX'l' FOODS (chart purporting to sllow cHlOl'ie content of various foods) Compare with other cooked foods (calorie content per 4 oz. sening) LAROSA SPAGHETTI OR IACAIW;\I Contains 103 calories! l\IORE PROTEI La 1108a enricl18r1 :\lacaroni contains MORE l\IUSCLE-DUILDIKG PHOTBIX THAL\ THESE DIPORTA"T. HEALTIIFLL FOODS:

(Chart purporting to show pl' otein content of other foods) DIPORTANT IIEALTII E\VS, LA ROSA HAS LESS CALORIES plus l\IOHE; PllOTEIX than other important foods.

High ill Protein * " * lmv in calories, enriched with extra vitamins and minerals * * * La Rosa Grade A , * * America s largest sellng macaroni, spaghetti and egg noodles " * * La Hosa * * * internationally famous for that real Italian taste. PAR. 5. Through the use of said advertisements and others similar thereto, not set out specifically herein, respondent has represented directly and by inference that a four ounce portion of its macaroni or its spaghetti, prepared for consumption as directed on the cartons or containers of said products, and as recommended a,nd pictured in its advertising, will provide only 103 calories; that said products are low caloric foods and may be eaten as desired without increasing the body ,,,eight; that its said products prepared in accordance with directions on the cartons or containers of said products, and as recommended and pictured in its advert.ising will furnish more protein and at the same time less calories than other foods with which said products are compared.

, 904 FEDERAL TRADE COM.\IISSION DECISIONS Complaint 51 F. T. C.

PAR. 6. The said advertisements are misleading in material 1'espects and constitute "false advertisements" as that term is defined in the Federal Trade Commission Act. In truth and in fact, a four ounce portion of respondent's spaghetti or macaroni prepared for human consumption in a manner so as to be palatable provides considerably more than 103 calories. Furthermore, the directions for preparation on the carton or containers of said products include pouring Over the cooked macaroni whatever sallce or gravy you have prepared" before serving. Such sauce or gravy would ordinarily add more calories. La Rosa spaghetti. with meatballs, La Rosa macaroni with shrimp, La Rosa spaghetti with tomato-beef sauce, La Rosa macaroni with American cheese, and other combinations mentioned in respondent' s advertising would add still more calories. Respondent's products prepared for human consumption are not low calorie foods. They cannot be eaten as desired, without the risk of increasing body weight, since increase in body weight normally depends on whether more calories have been consumed than are used in energy expended over a given period of time. Respondent' s said products prepared for human consumption in accordance with directions on the cartons or containers and as recommended and as pictured in its advertising will not furnish more protein and at the same time less calories than many of the other foods with which respond.cnt' s said products are compared in the advertising, either in four ounce portions or as said foods are ordinarily served. Hesponclent's said products prepared for human consumption are not higher in protein than are many of the foods with which said products are compared in respondent's advertising. The protein content of respondent s cooked macaroni and spaghetti is far below that of those foods which are consumed primarily as source, of protein such as meat, fish, eggs, and even bread. 'V hen served ''with rich sances or as compone,nts of mixed dishes ,which c.contain meat or cheesc or both, the complete dish may bc relatively hjgh in protein by virtue of the other foods added to the macaroni or spaghetti. At the same time the calorie content of the complete dish is correspondingly i ncrea.sed.

PATI. 7. The use by respondent of the foregoing false and misleading representations disseminated as aforesaid has had and now has the tendency and capacity to mislead and deceiye a. substantial portion of the purchasing public into the erroneous and mistaken belief that ajj of such statements are true, and to induce a substantia.l portion of the purchasing public, because of such erroneous and mistaken belie.f to purchase re,sponc1e,nt' s said products.

V. LA ROSA & SONS , IKC. 905 901 Decision PAR. 8. The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfa.ir and deceptive acts and practices in commerce, within the intent and meaning of the Federal Trade Commission Act. DECISION OF THE Co nIISsIOX Pursuant to Rule XXII of the Commission s Rules of Practice, and as set forth in the Commission s "Decision of the Commission and Order to File Report of Compliance, dated April 14, 1955, the initial decision in the instant matter of hearing examiner Frank Hier, as set out as follows, became on that date the decision of the Commission. INITIAL DECISION BY FRANK ilIER, HEARING EXA1'IXER Pursuant to the provisions of the Federal Trade Commission Act the Federal Trade Commission on January 25, 1955, issued and sub. sequently served its complaint on respondent herein, who has its prin. cipal place of business at 473 Kent Avenue, Brooklyn, ="ew York New York, and is engaged in the manufacture and sale of macaroni and spaghetti.

On February 21 , 1955, there was filed with the Federal Trade Commission a stipulation between the parties providing for entry of a consent order, which stipulation appears of record. By the terms thereof respondent admits all the jurisdictional allegations set forth in the complaint; stipulates that the record herein may be taken as if the Commission had made findings of jurisdictional facts in accordance with such allegations; stipulates that the agreement is for settkment purposes only and does not constitute an admission by respondent that if it has engaged in any violation of Jaw. The parties to such stipulation expressly waive the filing of an ans\ver; a hearing before the hearing examiner or the Commission; the making of findings of fact or conclusions of law by the hearing examiner or the Commission; the filing of exceptions or oral arguments before the Commission, and all other and further procedure before the hearing examiner and the Commission to which respondent may be entitled under the Federal Trade Commission Act or the Rules of Practice of the Commission. Respondent further agrees therein that the order hereinafter entered shall have the same force a.nd effect as if made after a fun hearing, presentation of evidence, and findings and conc1usiol1s thereon and specifically waives any and all right, power or privilege to challenge or contest the validity of the order entered in accordance 'With the stipulation. The stipulation further provides that it, together Order 51 F. T. C.

with the complaint, shall constitute the entire record herein and that the complaint may he used in construing the terms of the afore-mentioned order, which order may be altered, modified or set aside in the manner provided by the statute for the orders of the Commission and such stipulation further provides that it is subject to approval in accordance with Rules V and XXII of the Commission s Rules of Practice and that said order shall have no force and effect unless and until it becomes the order of the Commission.

On the basis of the foregoing, the undersigned hearing examiner concludes that this proceeding is in the public interest and in conformity with the action contemplated and agreed upon by such stipulation makes the following order:

ORDER It is ordered That thc respondent, V. La Rosa & Sons, Inc. , a corporation and its ofiicers, representatives, agents and employees directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of the food products La Hasa spaghetti and La Rosa macaroni or of any product of substantially similar composition, \whether sold under the same names or under any other name or names, do forthwith cease and desist from: 1. Disseminating or causing to be disseminated by means of L"united States mails or by any means in commerce as "commerce ' is defined in the Federal Trade Commission Act, any advertisement which represents directly or by implication:

(0;) that any portion 01' serving of its products win provide an ilnount of calories other.r than that which.h ",'.ill be, in fact, provided when such portion or serving is prepared in accordance with respondent's directions or recommendations;

(b) that said products are lo\v calorie foods or may be eaten as desired T\without increasing body weight;

(c) that said products win at the same time provide more protein and fc\ycr calories than other foods with "Which said products are compal' , unless said representation be true; (d) that said products are both high in protein and low in calories. 2. Disseminating 01' causing to be disseminated by means of United States mails or by any means in commerce as "commerce " is defined in the Federa.l Tra.de Commission Act, any advertisement which misrepresents the amount of calories or protein provided by responclenfs products in comparison with other foods, or in any otJher manner. 3. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce V. LA OSA & SONS , INC. 907 901 Ordor directly or indirectly the purchase in commerce as "commerce" is defined in the Federal Trade Commission Act, of respondent's said products, which advertisement contains any of the representations prohibited in Paragraph One hereof or any misrepresentation forbidden in Paragraph Two hereof.

OHDli R TO FILE REPORT OF CO::fPLIAXCE It i8 ordend That the respondent herein shan, within sixty (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 the order to cease and desist (as required by said declaratory decision and order of April 14, 1955J. 908 FEDERAL TRADE COMMIS ION DECISIOXS Complaint 51 F.