Union Pharmaceutical Co., Inc.

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

IN THE MATTER OF UNION PHARMACEUTICAL CO., INC.

ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7254. Complaint, Sept. 12, 1958—Decision, June 9, 1959 Order dismissing, following dissolution of respondent corporation, complaint charging false advertising of a laxative preparation designated “Saraka.” Mr. Harold A. Kennedy for the Commission. Mr. Carson G. Frailey, of Washington, D.C., and Mr. Richard J. Bennett, of Bloomfield, N.J. for respondent. INITIAL DECISION BY WILLIAM L. PACK, HEARING EXAMINER The complaint in this matter was issued September 12, 1958. On October 20, 1958, respondent filed a motion seeking dismissal of the complaint on the ground that respondent had discontinued entirely the manufacture and distribution of the preparation involved in the proceeding, as well as all other products, such discontinuance having taken place prior to the issuance of the complaint.

On December 22, 1958, a hearing was held for the limited purpose of receiving evidence in connection with the motion to dismiss. At the hearing a considerable volume of testimony and other evidence was received, and subsequent to the hearing counsel for respondent forwarded to the hearing examiner a certified copy of the certificate of dissolution of the respondent. This document has been incorporated in the record as a part of the evidence on the motion to dismiss.

Counsel supporting the complaint has now filed a further answer to the motion to dismiss in which he states that in view of all of the circumstances disclosed by the record, including the dissolution of the respondent, he does not oppose the granting of the motion provided the dismissal be without prejudice. In the circumstances it is evident that no useful purpose would be served by continuing with the proceeding; that no public interest is now present.

ORDER It ts therefore ordered, That the complaint be, and it hereby is, dismissed, without prejudice to the right of the Commission to Decision 55 F.T.C.

take any further action in the matter in the future which may be warranted by the then existing circumstances. DECISION OF THE COMMISSION Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 9th day of June 1959 become the decision of the Commission. A. E. TROUTMAN COMPANY, ET AL. 1937 Decision