Prince Macaroni Manufacturing Co.

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

In Tue MATTER OF PRINCE MACARONI MANUFACTURING CO. ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7513. Complaint, June 10, 1959—Decision, Sept. 30, 1959 Consent order requiring Lowell, Mass., manufacturers to cease advertising falsely that their macaroni was a low-calorie food, with lower starch and higher protein content than comparative products, and that consumption thereof would result in loss of weight.

Mr. Frederick McManus for the Commission. Initian Decision By Watrer R. Jonson, Hearing ExaMiIner In the complaint dated June 10, 1959, the respondents are charged with violating the provisions of the Federal Trade Commission Act. On July 29, 1959, the respondents entered into an agreement with counsel in support of the complaint for a consent order. Under the foregoing agreement, the respondents admit the jurisdictional facts alleged in the complaint. The parties agree, among other things. that the cease and desist order there set forth may be entered without further notice and have the same force and effect as if entered after a full hearing and the document includes a waiver PRINCE MACARONI MANUFACTURING CO. ET AL. 363 362 Order by the respondents of all rights to challenge or contest the validity of the order issuing in accordance therewith. The agreement further recites that it is for settlement purposes only and does not constitute an admission by the respondents that they have violated the law as alleged in the complaint.

The hearing examiner finds that the content of the agreement meets all of the requirements of Section 3.25(b) of the Rules of the Commission.

The hearing examiner being of the opinion that the agreement and the proposed order provide an appropriate basis for disposition of this proceeding as to all of the parties, the agreement is hereby accepted and it is ordered that the agreement shall not become a part. of the official record of the proceeding unless and until it becomes a part of the decision of the Commission. The following jurisdictional findings are made and the following order issued. 1. Respondent Prince Macaroni Manufacturing Co. is a corporation organized, existing and doing business under and by virtue of the laws of the State of Massachusetts, with its office and principal place of business located at Prince Avenue, in the City of Lowell, State of Massachusetts.

Respondents Joseph Pellegrino, Anthony J. Cantella, Ugo Trio and Salvatore Cantella are officers of the corporate respondent. These individuals formulate, direct. and contro] the acts and practices of the corporate respondent. Their address is the same as that of the corporate respondent.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered, That. respondents, Prince Macaroni Manufacturing Co., a corporation, and its officers, and Joseph Pellegrino, Anthony J. Cantella, Ugo Trio and Salvatore Cantella, individually and as officers of said corporation, and respondents’ agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of Prince Macaroni, or any other product of substantially similar composition, whether sold under the same name or wnder any other name, do forthwith cease and desist from:

1. Disseminating, or causing to be disseminated by means of the 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 indirectly, that: a. Said product is a low calorie food.

599S69—62 2h Decision 56 F.T.C.

b. The starch content in said product is Jess than in other macaroni products.

c. The protein content of said product is higher than in other macaroni products.

d. The consumption of said product will result in the loss of body weight.

2. Disseminating, or causing to be disseminated, any advertisement, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in commerce, as “commerce” is defined in the Federal Trade Commission Act, of said product preparation, which advertisement contains any of the representations prohibited in paragraph 1 hereof. DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 80th day of September, 1959, become the decision of the Commission; and, accordingly :

It 7s ordered, That the respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist.