Libbey-Owens-Ford Glass Company et al.

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

IN THE MATTER OF LIEBEY-OWE;\S-FORD GLASS COMPANY ET AL.

MODIFIED ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7643. Complaint, Oct. 30, 1959-Decision April 7, 1966 Order modifying a cease and desist order of the Commission dated September , 1963, 63 F. C. 746, 785 , in ordance with an order of the Court of Appeals, Sixth Circuit, dated December 16 , 1965, by deleting the phrase 01' otherwise misrepresenting the grade or quality of glass used in any window" from the Commission s order.

MODIFIED ORDER TO CEASE AND DESIST Respondents having filed in the United States Court of Appeals for the Sixth Circuit their petitions to review and set aside the order to cease and desist issued herein on September 20, 1963 (63 C. 746J ; and the court on November 9 1965 (7 S.&D. 1409J, having rendered its decision and orders affrming and enforcing said order as to Libbey-Owens-Ford Glass Company and modify- Modified Order 69 F.

ing, and affrming and enforcing said order as modified as to General Motors Corporation; and respondents having filed in court petitions for rehearing; and the court on December 6, 1965, having issued its order modifying the order as to Libbey-Owens-Ford and having denied the petitions for rehearing in all other respects; and the court, on December 16 , 1965, having issued its order affrming and enforcing the cease and desist order as modified as to Libbey-Owens-Ford Glass Company; and the time allowed for filing petitions for certiorari having expired and no such petition having been filed;

Now, therefore, it is hereby ordered That the aforesaid order to cease and desist be, and it hereby is, modified in accordance with the said orders of the court of appeals, to read as follows: It is orde,' That Libbey-Owens-Ford Glass Company, a corporation, and its offcers, agents, representatives, and employees directly or through any corporate or other device, in connection with the advertising, offering for sale, sale or distribution of its automotive glass products in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Representing, directly or by implication, that: (a) The automobile safety plate glass used in the side windows of General Motors Corporation automobiles is of the same grade and quality as that used in windshields of such automobiles.

(b) The automobile safety sheet glass used in automobiles other than General Motors Corporation automobiles is of the same grade and qualiy as the sheet glass used in home windows.

2. Using in advertising any picture, demonstration, experiment or comparison, either alone or accompanied by oral or written statements, to prove the quality or merits of any such products, or the superiority of any such products over competing products, when such pkture, demonstration, experiment or comparison is not in fact genuine or accurate and does not constitute actual proof of the claim because of the undisclosed use and substitution of a mock-up or prop instead of the product, article, or substance represented to be used therein.

3. Disparaging the quality or properties of any competing product or products through the use of false or misleading LIBBEY-OWENS-FORD GLASS CO. ET AL. 525 523 Modified Order pictures, depictions, demonstrations, or comparisons, either alone or accompanied by oral or written statements. 4. Misrepresenting in any manner the quality or merits of any such products, or the superiority of any such products over competing products.

It is fur-ther- or-dered That General Motors Corporation, a corporation, and its offcers, agents, representatives, and employees directly or through any corporate or other device, in connection with the advertising, offering for sale, sale or distribution of its automotive glass products, sold either as part of an automobile or separately, in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from: 1. Representing, directly or by implication, that: (a) The automobile safety plate glass used in the side windows of its automobiles is of the same grade and quality as that used in windshields of such automobiles. (b) The automobile safety sheet glass used in automobiles other than General Motors Corporation automobiles is of the Same grade and quality as the sheet glass used in home windows.

2. Using in advertising any picture, demonstration, experiment or comparison, either alone or accompanied by oral or written statements, to prove the quality or merits of any such products, or the superiority of any such products over competing products, when such picture, demonstration, experiment or comparison is not in fact genuine or accurate and does not constitute actual proof of the claim because of the undisclosed use and substitution of a mock-up or prop instead of the product, article, or substance represented to be used therein.

3. Dispara'Sing the quality or properties of any competing product or products through the use of false or misleading pictures, depictions, demonstrations, or comparisons, either alone or accomp"",ied by oral or written statements. 4. Misrepresenting in any manner the quality or merits of any such products, or the superioritv of any such products over competing products.

It is fUTtheT order-ed That respondents 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 set forth herein.

Complaint 69 F. T.