Brown & Williamson Tobacco Corporation et al.

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

IN THE ~IA TTER OF BRO,VN & ,VILLIA:Nls0N TOBACCO CORPORATION ET AL. :MODIFIED ORDER, ETC., IN REGARD TO THE ALLEGED "Violation OF THE FEDERAL TRADE COl\BIISSIOX ACT Docket 7688. Complaint, Dec. 19;j9-Decision, Feb. , 1968 Order modifying a consent order dated Feb, 24, 1960, 56 F. C. 956.. permitting Louisville, Ky., tobacco company and its New York City advertising agency to compfire the tar anel nicotine content of its filter cigarettes, based on government findings, with such content of other filter cigarettes. OnJ.'JER :MODIFYIXG ORDER TO CE~-\~E AND DESIST On September 28, 1067, respondents, BrOYOl & ,Villia1l1son Tobacc.o to re-Corporation and Ted Bates 8: Company, Inc.., flied a petition open the proceeding for the purpose of modifying the order to c.ease and , 1960 (5Gdesist entered by the Commission on February 24 956J. They proposed that Paragraph 3 of the order be modified so as to permit representations of government findings concerning the tar and nicotine content of Bro,,-n &, \Villiamson s filter eigarettes as compared .

Complaint 73 F. T.

,,'ith the smoke of other filter cigarettes. Complaint counsel filed an ans"\ycl' not opposing the petition.

On December 1, 1967 (72 F. C. 102GJ~ the Commission issued an order reopening the proceeding and directing respondents to show cause', "\Thy Paragraph 3 of the, order to cease and desist should not be l11odified in the manner set out therein.

On December 29, 1967, respondents submitted a statement in which they opposed the modification set out. in the Commission s sho"\y cause order, and supported the modification proposed in their petition, to "\which complaint counsel had not objected. Upon further consideration, the Commission has concluded that the order should be modified in the manner proposed by respondents in their petition filed on September 28, 1967, which is not opposed by complaint. counsel. j-\.accordingly, tis oI'Cleped That Paragraph 3 of the order to cease and desist heretofore entered in this proceeding be, and it hereby is, 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 lo\\er in tar or nicotine content when c.compared with the smoke of other filter eigarettes, unless such Government or agency thereof in fad has so found.