D'Arcy-Macmanus & Masius, Inc

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

Complaint 99 F.T.C.

IN THE MATTER OF D'ARCY-MACMANUS & MASIUS, INC.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3083. Complaint, Feb. 12, 1982—Decision, Feb. 12, 1982 This consent order requires a St. Louis, Missouri advertiser, among other things, to cease disseminating advertisements for any denture product, toothache drop or gel, which contain representations that contradict or negate the health, safety or efficacy statements appearing on the product's label. Any claims regarding the duration of use of such products trigger a disclosure of any labeling warning. The order further requires that any representation that Snug Denture Cushions can be worn "for weeks" or any other period of time, must be accompanied by a statement that denture cushions should only be used "temporarily, until a dentist can be seen." Appearances For the Commission: Leslie E. Rossen.

For the respondent: Stuart L. Friedel, Davis & Gilbert, New York City.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that D'Arcy-MacManus & Masius, Inc. ("D'Arcy-MacManus"), a corporation, hereinafter referred to as respondent, has violated the provisions of the Federal Trade Commission Act, and that a proceeding with respect to such violations would be in the public interest, hereby issues its complaint, setting forth its charges as follows: PARAGRAPH 1. D'Arcy-MacManus is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware, with its principal office and place of business located at One Memorial Drive, St. Louis, Missouri. PAR. 2. Respondent D'Arcy-MacManus is now and has been an advertising agency of Mentholatum. It has, in the past, and is now engaged in the preparation for publication, dissemination and distribution of advertising materials, including but not limited to the advertising referred to herein to promote the sale of Snug Denture Cushions.

PAR. 3. In the course and conduct of its business, respondent has

324 Complaint

disseminated or caused the dissemination of various advertisements for Snug Denture Cushions across state lines by various means in or affecting commerce, as "commerce" is defined in the Federal Trade Commission Act, including advertisements inserted in magazines and newspapers and also advertisements broadcast on national television networks. The purpose of all these advertisements has been to induce, directly or indirectly, the purchase of Snug Denture Cushions, and it is likely that these advertisements have succeeded in inducing consumers to purchase this product. PAR. 4. Typical, but not all inclusive, of the statements and representations in said advertisements are those found in Exhibits A-G attached to this complaint, including such representations as the following:

a. Newspaper and magazine advertisements

(1) ELIMINATES DAILY DENTURE 'FIXINGS' FOREVER-Snug Cushions hold dentures comfortably tight for weeks.

(2) HOLDS DENTURES FIRM WITHOUT DAILY 'FIXINGS'-Snug Cushions hold dentures comfortably tight for weeks.

(3) NEW FREEDOM FROM DAILY DENTURE 'FIXINGS'-Snug Cushions hold dentures comfortably tight for weeks.

b. Television advertisements

(1) Sara: Didn't I tell you about Snug? It's different-you don't need to apply it everyday . . . Snug lasts for weeks. And it'll hold your dentures firm and comfortable. . . . At a point later in time Sara: Didn't you switch to Snug? Helen: Sure . . . (2) Thousands of denture wearers have long suffered with loose, wobbly, uncomfortable plates. Now many use Snug Brand Denture Cushions. . . .

PAR. 5. Through the use of said advertisements and others similar thereto not specifically set out herein, disseminated as aforesaid, respondent has made or is making the following representations:

(a) that Snug Denture Cushions are appropriate for long term use; (b) that Snug Denture Cushions are for use other than temporary use only until a dentist can be seen.

PAR. 6. In fact, the labeling on Snug Cushions states:

(a) On the package:

Caution: Long term use of an ill-fitting denture, reliner, pad or cushion may lead to swelling, faster bone resorption, or continuing irritation. Use Snug temporarily until you can see your dentist.

(b) On the package insert:

Complaint 99 F.T.C.

(1) Snug Denture Cushions are for temporary use only. . . . (2) Dentures that do not fit properly cause irritation and injury to the gums and faster bone loss which is permanent and may require a completely new denture. Changes in the gums caused by dentures that do not fit properly may require surgery for correction. Continuing irritation and injury may lead to tumors in the mouth. Use of denture reliners, pads, and cushions may temporarily decrease the discomfort. However, their use will not make the denture fit properly. Special training and tools are needed to fit properly. You must see your dentist for a new denture or a repair as soon as possible.

PAR. 7. The representations referred to in Paragraph Five are inconsistent with, negate, and contradict the labeling on respondent's product as set forth in Paragraph Six hereof. Such inconsistency, negation, and contradiction has the tendency and capacity to mislead and deceive purchasers of said product as to its proper duration of use, and to negate the import and purposes of and to detract from the effectiveness of the warnings, cautions, limitations and instructions for use found in the labeling. Therefore, the advertisements, acts and practices, referred to in Paragraph Five above were and are unfair and deceptive. PAR. 8. Furthermore, in their advertising for Snug Denture Cushions, respondent has been and now is making claims as to the duration of use of said product without clearly and conspicuously disclosing to the purchasing public that the labeling for Snug Denture Cushions states that said product should be used only on a temporary basis until a dentist can be seen. PAR. 9. The existence and substance of the above-mentioned labeling warning is a material fact in light of the representations set forth in Paragraphs Four and Five regarding duration of use, in that disclosure of the warning to consumers would be likely to affect their decisions of whether or not to purchase said product and of how properly to use it. Respondent's failure to disclose this material fact has the tendency and capacity to mislead and deceive consumers into the mistaken belief that no such warning exists. Therefore, the advertisements, acts and practices referred to in Paragraphs Four and Five above were and are false, deceptive, and unfair. PAR. 10. In the course and conduct of aforesaid business, and at all times mentioned herein, respondent D'Arcy-MacManus has been, and now is, in substantial competition in commerce with other advertising agencies. PAR. 11. The aforesaid unfair and deceptive acts and practices of respondent have had and now have, the capacity to induce members of the purchasing public to purchase substantial quantities of said product.

Complaint

PAR 12. The aforesaid acts and practices of respondents, as herein alleged, were and are all to the prejudices and injury of the public and of respondent's competitors and constituted and now constitute, unfair and deceptive acts and practices and unfair methods of competition in or affecting commerce, in violation of Sections 5 and 12 of the Federal Trade Commission Act. The acts and practices of respondents, as herein alleged, are continuing and will continue in the absence of the relief herein requested.

Complaint 99 F.T.C.

SNUG DENTURE CUSHIONS SEE INSTRUCTIONS INSIDE

SNUG DENTURE CUSHIONS

SNUG BRAND DENTURE CUSHIONS

Ever-soft Plastic Cushions

Snug makes loose false teeth fit firm and tight. Soothes sore gums due to loose fitting dentures. Harmless to plate. Easy to apply or remove. Caution: Long term use of an ill fitting denture, reline, pad or cushion may lead to swelling, faster bone resorption, or continuing irritation. Use SNUG temporarily until you can see your dentist.

For Upper or Lower Plates

Contents 2 Cushions

THE MENTHOLATUM CO., BUFFALO, N.Y. 14213

324 Complaint

Page 1 Masius, Wynne-Williams, Street & Finney, Inc. EDITORIAL DEPARTMENT

IDENTIFICATION NO. DATE August 22, 1969 ADVERTISER The Mentholatum Company JOB NO. 100TV33 As filmed: 8/19/69 FOR SNUG DENTURE CUSHIONS As recorded: 8/22/69 "POWDERS & STICKUMS" (A) (#SN-11-30C)

VIDEO AUDIO

1. OPEN ON CAN OF ADHESIVE POWDER, POURING 1. ANNCR: (VO) Some people with lo POWDER ONTO LIMBO SURFACE. wobbly dentures___

2. PULL BACK - ACTION CONTINUES. 2. ANNCR: (VO) use adhesive powde: every morning and

3. HAND SETS CAN ON SURFACE BEHIND SPRINKLE 3. ANNCR: (VO) every night. OF POWDER. ___

4. BESIDE PILE OF POWDER, RIBBON OF 4. ANNCR: (VO) Others use cream ADHESIVE CREAM IS SQUEEZED OUT ONTO __ __ LIMBO SURFACE.

5. TUBE OF CREAM IS SET DOWN BEHIND 5. ANNCR: (VO) day after day. RIBBON. NOW BOTH PRODUCTS AND THEIR CONTENTS ARE SEEN SIDE BY SIDE.

6. THE CAN AND PILE OF POWDER POPS OFF. 6. ANNCR: (VO) But some never both

7. THE TUBE AND RIBBON OF CREAM POP OFF. 7. ANNCR: (VO) with daily fixing--

8. CU PKG OF SNUG. 8. ANNCR: (VO) they line their de: with Snug Brand De:

Cushions.

9. PULL BACK AS HAND REMOVES CUSHION 9. ANNCR: (VO) One lining lasts f WITH BOTH LINERS ON FROM BOX.

SUPER: "LASTS FOR WEEKS". weeks.

10. WITH ONE LINER ON BACK, SHOWING SNUG 10. ANNCR: (VO) Apply Snug at home CUSHION ON TOP, HAND BEGINS TO CUT SHAPE OF DENTURE. minutes.

Complaint 99 F.T.C.

IDENTIFICATION NO.

ADVERTISER The Mentholatum Company FOR SNUG DENTURE CUSHIONS "POWDERS & STICKUMS" (A) (ASN-11-30C) Page 2.

DATE August 22, 1969 JOB NO. 100T713 As filmed: 8/19/69 As recorded: 8/22/69

VIDEO AUDIO

11. NOW "U" SHAPE OF DENTURE IS HELD IN 11. ANNCR: (VO) It holds dentures HAND, WHILE BACKING LINER IS REMOVED. tight SUPER: "HOLDS DENTURES TIGHT".

12. HAND FLEXES CUSHION. 12. ANNCR: (VO) and cushions the gum lasts for weeks

13. CUT BACK TO SET UP OF POWDER AND 13. ANNCR: (VO) without daily fixing CREAM WITH CONTAINERS.

14. POWDER IS POPPED OFF. 14. ANNCR: (VO) Try the no-mess

15. CREAM IS POPPED OFF. 15. ANNCR: (VO) no-bother way ...

16. CU SNUG PACKAGE. 16. ANNCR: (VO) get Snug to hold SUPER: "HOLD dentures tight.

DENTURES TIGHT"

THEN POP ON:

"2 CUSHIONS $1.50".

324 Complaint

SNUG DENTURE CUSHIONS TELEVISION COMMERCIAL, 1976-77 "SPOKESMAN"

1. SPOKESMAN: (DV) What do you use to hold loose wobbly dentures comfortably tight?

2. Powder?

3. Cream?

4. Or long-lasting Snug Brand Denture Cushions.

5. Snug is a cushion -

6. not only holds plates tight, but makes them feel so comfortable.

7. (VO) Easy to fit...

8. Snug sticks to your plates...

lasts for weeks...

9. so no daily fixing...no mess... no after taste.

10. Easily cleaned or removed.

11. (OV) To hold dentures comfortably tight for weeks ...

12. (VO) get Snug Denture Cushions!

Complaint 99 F.T.C.

MASIUS, WYNNE-WILLIAMS INC.

CLIENT THE MENTHOLATUM COMPANY

TITLE "SPOKESMAN" (C) (#MVSN2123) SNUG DENTURE CUSHIONS :30 TV COMM'L. As Produced: 8/30/72 DATE 70 w As Filmed: 8/17/72 SEPT. 15, 1972

OPEN ON CU SPOKESMAN SPOKESMAN (OC): What do you use to hold loose, wobbly dentures comfortably tight?

CUT TO CU AS HE SHAKES Powder? POWDER ON HIS PALM

CU AS HE SQUEEZES CREAM Cream? ON PALM Or long-lasting

CUT TO CU SNUG PKG AS HE Snug Brand Denture PICKS IT UP Cushions.

HOLD CU AS HANDS SLIP OUT Snug is a cushion -- SNUG

PULL BACK TO MCU MAN not only holds plates tight...but makes them feel so comfortable.

CUT TO CU MAN'S HANDS CUTTING Easy to fit... SNUG INTO SHAPE WITH SCISSORS

DISS TO HIS HANDS FITTING U-SHAPED Snug sticks to your pla SNUG ONTO CLEAR LUCITE U-SHAPE lasts for weeks...so no daily fixing...no mess.

no after-taste.

PAN AS HIS HANDS SCRUB SNUG ON Easily cleaned or remov LUCITE U-SHAPE, WITH TOOTHBRUSH UNDER RUNNING FAUCET

CUT TO CU MAN To hold dentures comfortably tight for week

CUT TO CU SNUG PKG get Snug Denture Cushio

Complaint

SNUG DENTURE CUSHIONS TELEVISION COMMERCIAL.

"SPOKESWOMAN"

1. SPOKESWOMAN: (OV) Thousands of denture wearers have long suffered

2. with loose, wobbly, uncomfortable plates.

3. Now many use Snug Brand Denture Cushions and

4. are so grateful for the way Snug holds dentures tight__

5. and being a cushion, Snug makes dentures feel so comfortable.

6. (VO) Easy to fit __

7. Snug sticks to your plates..

lasts for weeks __

8. so no daily fixing .. no mess .. no after-taste.

9. (SFX) Easily cleaned

10. or removed.

11. (OV) To hold dentures comfortably tight for weeks__

12. (VO) get Snug Denture Cushions.

Complaint 99 F.T.C.

MASIUS, WYNNE-WILLIAMS INC. Page —

LIENT THE MENTHOLATUM COMPANY

ITLE "SPOKESWOMAN" (C) (#MVSN2133) SNUG DENTURE CUSHIONS :30 TV COMM'L As Produced: 8/30/72 ATE 75 w As Filmed: 8/17/72 SEPT 15, 1972

OPEN ON CU SPOKESWOMAN SPOKESWOMAN (OC): Thousands of denture wearers have long suffered with loose, wobbly, uncomfortable plates.

SHE PICKS UP SNUG PKG Now many use...

CUT TO CU PKG IN HER HAND Snug Brand Denture Cushion and are so grateful

JUT TO CU WOMAN for the way Snug holds dentures tight...and being a cushion, Snug makes dentures feel so comfortab

CUT TO CU WOMAN'S HANDS CUTTING Easy to fit... SNUG INTO SHAPE WITH SCISSORS

DISS TO HER HANDS FITTING U-SHAPED Snug sticks to your plates NUG ONTO CLEAR LUCITE U-SHAPE lasts for weeks... so no daily fixing...no mess...

no after-taste.

AN AS HER HANDS SCRUB SNUG ON Easily cleaned or removed. UCITE U-SHAPE, WITH TOOTHBRUSH NDER RUNNING FAUCET

UT TO CU WOMAN To hold dentures comfortabl tight for weeks...

JT TO CU SNUG PKG get Snug Denture Cushions.

D'ARCY-MACMANUS & MASIUS, INC. 335

324 Complaint

Exhibit D Page 1

[illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] SNUG FOR TEMPORARY USE UNTIL YOU CAN SEE YOUR DENTIST [illegible] [illegible] FOR CBS 10/20/75 [illegible] [illegible] [illegible] Snug [illegible]

Complaint 99 F.T.C.

EXHIBIT 2 Page 2

SNUG

LIFT TO SEE UNDER THE All Snug Business Confidential

MASSIVE, WAYNE-WILLIAMS INC.

[illegible]

324 Complaint

Amazing soft plastic cushion holds dentures comfortably tight for weeks without messy "stickums"

Not a paste! Not a powder! Not a cream or wax pad! But amazing soft plastic adhesive cushions that hold loose, wobbly dentures comfortably tight and firm. Snug® Brand Denture Cushions are the long-lasting, clean way to hold loose dentures tight. Snug lasts for weeks... does away with bothersome mess of daily "fixing." Snug Cushions are easy to shape and fit...stick to your plate not to your gums. Easy to clean or remove...won't wash off and can't flake away. Get Snug Denture Cushions to hold your dentures tight for weeks...

in comfort. At all drug counters.

No paste or powder holds dentures comfortably tight for weeks like Snug Denture Cushions Not a paste! Not a powder! Not a cream or wax pad! But amazing soft plastic adhesive cushions that hold loose, wobbly dentures comfortably tight and firm. Snug® Brand Denture Cushions are the long-lasting, clean way to hold loose dentures tight. Snug lasts for weeks... does away with bothersome mess of daily "fixing." Snug Cushions are easy to shape and fit...stick to your plate not to your gums. Easy to clean or remove...won't wash off and can't flake away. Get Snug Denture Cushions to hold your dentures tight for weeks...

in comfort. At all drug counters.

The Mentholatum Co.—U.S. (Snug) Ad No. SN 75-702 1/30 Page (1½ x 3") Sunday Supplements—1975 Job No. 74-108 Printed in U.S.A.

D'ARCY, MacMANUS & MASIUS, Inc., New York

The Mentholatum Co.—U.S. (Snug) Ad No. SN 75-704 1/30 Page (1½ x 3") Sunday Supplements—1975 Job No. 74-109 Printed in U.S.A.

D'ARCY, MacMANUS & MASIUS, Inc., New York

Amazing soft plastic cushion holds dentures comfortably tight for weeks without messy "stickums"

Not a messy paste, powder, cream or wax pad—but an amazing soft plastic adhesive cushion. Snug® Brand Denture Cushions hold loose, wobbly dentures comfortably tight for weeks. With Snug there's no need to bother with messy daily "fixing." It lasts for weeks, sticks to your plate not to your gums, so easy to clean or remove. Get Snug Denture Cushions to hold your dentures tight and firm for weeks...in comfort. At all drug counters.

No paste or powder holds dentures comfortably tight for weeks like Snug Denture Cushions Not a messy paste, powder, cream or wax pad—but an amazing soft plastic adhesive cushion. Snug® Brand Denture Cushions hold loose, wobbly dentures comfortably tight for weeks. With Snug there's no need to bother with messy daily "fixing." It lasts for weeks, sticks to your plate not to your gums, so easy to clean or remove. Get Snug Denture Cushions to hold your dentures tight and firm for weeks...in comfort. At all drug counters.

The Mentholatum Co.—U.S. (Snug) Ad No. SN 75-703 70 lines (1½ x 10") Sunday Supplements—1975 Job No. 74-108A Printed in U.S.A.

D'ARCY, MacMANUS & MASIUS Inc., New York

The Mentholatum Co.—U.S. (Snug) Ad No. SN 75-705 28 lines (1½ x 2") Sunday Supplements—1975 Job No. 74-109A Printed in U.S.A.

D'ARCY, MacMANUS & MASIUS, Inc., New York

Complaint 99 F.T.C.

NEW FREEDOM FROM DAILY DENTURE "FIXINGS" [illegible] SNUG [illegible]

NEW FREEDOM FROM DAILY DENTURE "FIXINGS" [illegible] SNUG [illegible]

HOLDS DENTURES FIRM WITHOUT DAILY "FIXINGS" [illegible] SNUG [illegible]

HOLDS DENTURES FIRM WITHOUT DAILY "FIXINGS" [illegible] SNUG [illegible]

LIMINATES DAILY ENTURE "FIXINGS" FOREVER [illegible] SNUG [illegible]

LIMINATES DAILY ENTURE "FIXINGS" FOREVER [illegible] SNUG [illegible]

324 Complaint

Page 1 D'Arcy-MacManus & Masius 437 MADISON AVENUE NEW YORK, NEW YORK 10022 Television Continuity

The Mentholatum Co.

ACCOUNT Snug Denture Cushion PRODUCT "Movie"

TITLE :30 LENGTH MVSN 2153 SCRIPT NUMBER As filmed 11/28/77

VIDEO AUDIO

OPEN ON TWO WOMEN EXITING HELEN: They don't make movies lik MOVIE HOUSE ONTO STREET they used to.

WOMEN WALK DOWN STREET SARA: Let's have some of my peci pie, that never changes.

CUT TO HELEN'S FACE, LOOKING EMBARRASSED. HELEN: Uh-Uh... It's been a while s I fixed my dentures... they' loose again.

2-SHOT AS SARA TALKS TO SARA: Didn't I tell you about Snug? HELEN.

ECU OF SNUG PACKAGE. SARA: It's different -- you don't ne WOMAN'S HAND PULLS CUSHION OUT. to apply it every day.

SUPER: "FOR TEMPORARY USE UNTIL YOU SEE YOUR DENTIST."

CUT TO HAND HOLDING DENTURE SARA: It's a cushion you just shape SHAPED LUCITE AS OTHER HAND PRESSES SHAPED CUSHION ONTO LUCITE.

PALM DOWN HAND PRESSES SARA: Snug lasts for weeks. And i AGAINST TOP OF LUCITE WHICH hold your dentures firm and CLINGS TO HAND WITHOUT ANY OTHER SUPPORT. comfortable.

DISSOLVE TO SIMILAR SCENE AT SARA: Pecan pie? A POINT LATER IN TIME.

HELEN: Uh -- Uh -- SARA: Didn't you switch to Snug?

Complaint 99 F.T.C.

Page 2 D'Arcy-MacManus & Masius 437 MADISON AVENUE NEW YORK, NEW YORK 10022

Television Continuity

The Mentholatum Co.

ACCOUNT Snug Denture Cushio PRODUCT "Movie"

TITLE :30 LENGTH MVSN 2153 SCRIPT NUMBER

VIDEO AUDIO

SCENE CONTINUES HELEN: Sure --

SARA: Well?

HELEN: I'm on a diet.

ECU SNUG PACKAGE

SUPER: SNUG LASTS WEEKS HOLDS DENTURES FIRM

Complaint

D'Arcy-MacManus & Masius Advertising CLIENT: MENTHOLATUM PRODUCT: SNUG TITLE: FILM "MOVIE" - MVSN2153 FIRST USE: 9/7/78 Page 3 LENGTH: 30 SECOND

1. HELEN: They don't make movies like they used to. My vacuum cleaner is older than that movie theater. 2. HELEN: Uh-huh. It's funny, once you've fixed my dentures—they're loose again. 3. SARA: Didn't I tell you about Snug? It's dif-ferent — 4. You don't need to apply Snug every day. 5. It's a cushion you just shape.

6. Snug lasts for weeks.

7. And it'll hold your dentures firm and com-fortable. 8. Pecan pie? HELEN: Uh — Oh — 9. SARA: Didn't you switch to Snug? 10. HELEN: Sure — SARA: Well? 11. HELEN: I'm on a diet. SARA: Oh.

12. (SILENT) SNUG LASTS FOR WEEKS HOLDS DENTURES FIRM

Decision and Order 99 F.T.C.

DECISION AND ORDER

The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furnished thereafter with a copy of a draft of complaint which the Bureau proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federal Trade Commission Act; and

The respondent, its attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission's Rules; and

The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said Act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1. Respondent D'Arcy-Macmanus is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware, with its principal office and place of business located at One Memorial Drive, St. Louis, Missouri. 2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondent, and the proceeding is in the public interest.

ORDER

I.

It is ordered, That respondent, D'Arcy-MacManus & Masius, Inc., a corporation, its successors and assigns, and its officers, agents, representatives and employees, directly or through any corporation, subsidiary, division or other device (hereinafter "respondent"), in connection with the advertising, offering for sale, sale or distribution

324 Decision and Order

of any denture product or toothache drops or gel, forthwith cease and desist from disseminating or causing the dissemination of any advertisement by any means in or affecting commerce which makes any representation directly or indirectly that is inconsistent with, negates or contradicts any statement concerning matters of health, safety or efficacy set forth on the labeling of any such product or which in any way limits or qualifies any such statement appearing on the labeling of any such product.

II.

It is further ordered, That respondent, in connection with the advertising, offering for sale, sale or distribution of any denture product or toothache drops or gel (except denture cushions as provided for in Paragraph 3) shall, in disseminating or causing the dissemination by any means in or affecting commerce of an advertisement which makes any representation directly or indirectly (other than those prohibited in I above) regarding duration of use of any such product, disclose clearly and conspicuously any labeling warning regarding duration of use of such a product. It is agreed, for the purpose of this Order, that in the event a label or packaging warning regarding duration of use is no longer utilized for any such product, advertisements for said product need not bear a disclosure regarding duration of use.

III.

It is further ordered, That respondent, in connection with the advertising, offering for sale, sale or distribution of the product Snug Denture Cushions or any other denture cushion, when making any representation regarding the duration of use of said product (other than those prohibited in I, above), shall disclose clearly and conspicuously that said product is only appropriate for short-term use until a denture wearer is able to see a dentist for the adjustment of his or her loose or ill-fitting dentures. For the purposes of this Order, it is agreed that respondent may use the term "for weeks" in the advertising of denture cushion products so long as the terms "temporary" and "only until a dentist can be seen" are included, and the advertisement does not imply the product should be used on a long term basis. For the purposes of this order, in the event that the Snug Denture Cushion product is no longer regarded by the Federal Food and Drug Administration as suitable only for short-term, nonregular use, the

Decision and Order 99 F.T.C.

respondent may seek from the Commission amendment of this portion of this Order.

IV.

It is further ordered, That respondent shall forthwith distribute a copy of this Order to each of its operating divisions.

It is further ordered, That respondent notify the Commission at least thirty (30) days prior to any proposed change in its corporate status such as dissolution, emergence of a successor corporation, the creation or dissolution of any subsidiaries, and assignment or sale of the business, or any other change in the corporate respondent that may affect compliance obligations arising out of this Order.

It is further ordered, That respondent shall, within sixty (60) days after this Order becomes final, and annually thereafter for three (3) years, file with the Commission a report, in writing, signed by respondent, setting forth in detail the manner and form in which it has complied with this Order.

345 Modifying Order

IN THE MATTER OF

CHRYSLER CORPORATION, ET AL.

MODIFYING ORDER, IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket 9072. Final Order, Feb. 18, 1981—Modifying Order, Feb. 17, 1982

This order reopens the proceedings and modifies the Commission's order issued on February 18, 1981, 97 F.T.C. 139; 45 FR 70883. The modification sets a single effective date for implementing both sets of retail installment contract revisions.

ORDER REOPENING AND MODIFYING CONSENT ORDER

On February 18, 1981 the Commission issued a Decision and Order against respondents Chrysler Corporation and Chrysler Credit Corporation¹ in connection with the extension and enforcement of motor vehicle retail credit obligations and the disposition of repossessed motor vehicles. There is now before the Commission a request by Chrysler Credit Corporation (filed December 4, 1981) for reopening and modification of that Order pursuant to Section 2.51 of the Commission's Rules of Practice, 16 C.F.R. 2.51. The Order (Paragraph VI.C) required Chrysler Credit to cease, by February 18, 1982, all use of retail installment contract forms which erroneously state debtors' liability for a deficiency upon repossession. Another provision required such Chrysler Credit contracts to include recitals of debtors' rights to any repossession surplus. Under Paragraph VI.B, contract forms reflecting the latter revision were to be distributed for dealer use within a year after Commission issuance of a final rule or adjudicated order relative to such rights. Desirous of making the necessary changes at once rather than in successive steps, Chrysler Credit's request asks that April 1, 1982 be fixed as the date for effectuation of both sets of retail installment contract revisions required of it by our February 18, 1981 Order.² With respect to deficiency recitals this would involve a delay of approximately six weeks; with respect to the recitals of surplus rights it would advance the required implementation date by an indeterminable number of months.³

¹ A separate consent order issued simultaneously as to a corespondent, Aurora Chrysler-Plymouth, Inc., is not involved in the modification request addressed herein. ² Because the timing of the actions specified in Paragraphs VI.A and D depends on Paragraphs VI.B and C, no modification of Paragraphs A and D is necessary to accomplish Chrysler Credit's desired result. Chrysler Credit has abandoned its request for change of Paragraphs VI.A and D. ³ Our only adjudicated order concerning repossession surpluses is not yet final. Francis Ford, Inc. v. FTC, 654 F.2d 599 (9th Cir. 1980), petition for rehearing pending.