Itt Continental Baking Company, Inc

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

IN THE MATTER OF 1'I CONTINENTAL BAKING COMPANY, INC., ET AL. Docket C-2015. Interlocutory Order. Aug. 30. 1977 Denial of respondents' petition to reopen proceeding for modification of the consent order.

ORDER DENYING RESPONDENTS' PETITIONS To REOPEN THE PROCEEDING FOR MODIFICATION OF CONSENT ORDER Respondents I'I Continental and Bates, ITT' s advertising agency, petition the Commission, pursuant to Rules of Practice Section 72(b), to reopen the above-styled proceeding for purposes of modifying in certain specified aspects Paragraph 1.1 of the order entered on August 17, 1971. 79 F. C. 248, 254. Petitioners assert that modification of the order is needed to permit them to conduct consumer tests so as to substantiate intended advertising claims with respect to a new bread product, "Fresh Horizons. " However, nothing in the order precludes such testing. Petitioners further assert that Paragraph I. of the order is inconsistent with the First Amendment, as applied in the recent series of Supreme Court "commercial speech" cases. The issue of the order applicability to a particular advertising claim is not before the Commission, however. A hypothetical construction of the order that suggests it might bar truthful, adequately substantiated claims does not justify modification at this time.

The Commission has determined that petitioners have failed to present adequate evidence that changed conditions of fact or law, or the public interest, requires modification of the order. Rules of Practice, Section 3.72(b)(2).

The aforesaid petition is accordingly denied, without prejudice to respondents' right to refile at an appropriate time. It is so ordered.

Complaint 90 FTC.