National Dairy Products Corporation
Volume 70 · 70 F.T.C. 2044
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National Dairy Products Corporation, 70 F.T.C. 2044 (1966). Consumer Law Library, https://consumerlawlibrary.org/decisions/v070-0011
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IN THE MATTER OF KATIONAL DAIRY PRODUCTS CORPORATION ORDER, OPINIONS , ETC. , IN REGARD TO THE ALLEGED VIOLATION OF SECS. 2(a) and 2(d) OF THE CLAYTON ACT Docket 7018. Cmnplrn, Dec. 1957-Dedsion, July, 1966 Order requiring a company engaged in processing and distributing dairy and food products with h(- adquartcl's in New York City, to cease discriminating in prices and promotional allowances between competing retailers handling the product line of its Scaltest Foods Division, in violation of Sees. 2(a) and 2(d) of the Clayton Act.
NATIONAL DAIRY PRODUCTS CORP.
Syllabus It is ordered That the initial decision be modified by striking the last sentence of the fourth fuD paragraph on page 61 and the fifth fuD paragraph on page 61.
It is further ordered That the initial decision be modified by striking the order on page 61 and substituting therefor the following:
It is ordered That respondent Montgomery Ward & Co. Incorporated, a corporation, and its offcers, representatives agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of any articles of merchandise in commerce, as commerce" is defined in the Federal Trade Commission Act do forthwith cease and desist from:
Representing, directly or by implication that any of respondent's merchandise is guaranteed unless the nature and extent of the guarantee, the identity of the guarantor, and the manner in which the guarantor wil perform thereunder are clearly and conspicuously disclosed. It is s initial deci- furtiJer ordered That the hearing examiner sion, as modified by this order and the accompanying opinion be and it hereby is, adopted as the decision of the Commission. It is further ordered That the respondent shad 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 they have complied with the order to cease and desist set forth herein.
Commissioners Elman and Reily dissented and have filed dissenting opinions.