Brown & Williamson Tobacco Corporation

Text (OCR of the scan; may contain errors)

BROWN & WILLIAMSON TOBACCO CORPORATION ET AL.

Docket 7688. Order, Dec. 1967 Order reopening proceeding and proposing modification of paragraph 3 of the cease and desist order. See 73 F. C. 439 for modified order.

ORDER REOPENING PROCEEDING AND PROPOSING MODIFICATION OF

ORDER TO CEASE AND DESIST

On September 28, 1967, respondents, Brown & Wiliamson Tobacco Corporation and Ted Bates & Company, Inc., filed a petition to reopen the proceeding for the purpose of modifying the order entered by the Commission on February 24, 1960 (56 F. C. 956J. of the orderIn substance, respondents request that Paragraph 3 be modified so as to permit representations of government findings concerning the tar and nicotine content of Brown & Wiliamson filter cigarettes as compared with the smoke of other filter cigarettes. Complaint counsel has filed an answer not opposing the petition.

Upon consideration, the Commission has concluded that good cause has been shown for modifying the order, but not in the precise language proposed by respondents. Accordingly,

It is ordered, That this proceeding be reopened and that, within thirty (30) days after service of this order, respondents Brown & Wiliamson Tobacco Corporation and Ted Bates & Company, Inc., shall show cause why Paragraph 3 of the order to cease and desist heretofore entered in this proceeding should not be modified to read as follows:

3. Representing, directly or by implication, that the United States Government, or any agency thereof, has found that the smoke of Life cigarettes, or any other filter cigarette, is lower in tar or nicotine content when compared with the smoke of other filter cigarettes, unless such Government or agency thereof in fact has so found, and such findings are presented in a manner that is fair and not misleading and the basis for comparison is fully and fairly stated.