Sun Company, Inc

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

IN THE MATTER OF SUN COMPANY, INC., ET AL.

CONSENT ORDER, ETC., INREGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket C-3381. Complaint, May 6, 1992--Decision, May 6, 1992 This consent order prohibits, among other things, Sunoco from making any representation concerning the superiority of Ultra octane gasoline in providing engine power or acceleration for any automobile, unless the respondents possess competent and reliable scientific evidence to substantiate the claims. Appearances For the Commission: Joel Winston and Marianna R. Watts. For the respondents: Richard B. Herzog, Pepper, Hamilton & Scheetz, Washington, D.C.

COMPLAINT The Federal Trade Commission, having reason to believe that respondents Sun Company, Inc., and Sun Refining and Marketing Company, corporations, hereinafter sometimes referred to as respondents, have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it would be in the public interest, hereby issues its complaint stating its charges as follows:

PARAGRAPH 1. Respondent Sun Company, Inc. is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Pennsylvania. Respondent's office and principal place of business is located at 100 Matsonford Road, Radnor, PA.

Respondent Sun Refining and Marketing Company is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Pennsylvania. Respondent's office SUN COMPANY, INC., ET AL. 561 560 Complaint and principal place of business is located at Tenn Penn Center, 1801 Market Street, Philadelphia, PA. It is a wholly-owned subsidiary of Sun Company, Inc.

PAR. 2. Respondents, at all times mentioned herein, have maintained a substantial course of business, including the acts and practices hereinafter set forth, which are in or affecting commerce, as commerce is defined in the Federal Trade Commission Act. PAR. 3. Respondents advertise, offer for sale, sell, and distribute gasoline and other petroleum products, including SUNOCO ULTRA 93.5 and 94 gasolines.

PAR. 4. Respondents have disseminated or have caused to be disseminated advertisements for SUNOCO ULTRA 93.5 and 94 gasolines, including but not necessarily limited to the attached Exhibits A-C. The aforesaid advertisements contain the following statements:

1. Anncr: When your car's your baby .. . Sing: Nothin's too good for my baby. So nothin’ but Ultra... Nothin’ but Ultra. Anncr: ... treat it to the power of Sunoco Ultra 93.5. Man: Fill it up. Ultra. Anncr: No other major brand can match it. Sunoco Ultra 93.5 .... (Complaint Exhibit A.) 2. Susan: So, we went to Mobil, then another station, then another. I said, Michael,5 1 4 2 2 2 719 1782 66 36 96.736275 why5 1 4 2 2 3 802 1782 76 28 95.391617 don't5 1 4 2 2 4 894 1791 57 27 96.181396 you5 1 4 2 2 5 964 1782 60 36 96.181396 just5 1 4 2 2 6 1040 1788 47 31 96.939125 gets 1 4 2 2 7 1103 1792 54 27 97.011238 any5 1 4 2 2 8 1174 1784 162 36 89.615097 gasoline? He said, My5 1 4 2 2 12 1588 1786 75 37 96.716751 baby5 1 4 2 2 13 1681 1787 96 28 96.716751 would5 1 4 2 2 14 1794 1796 87 19 96.904083 never4 1 4 2 3 0 545 1826 1338 43 -1 5 1 4 2 3 1 545 1826 111 37 96.600006 forgive5 1 4 2 3 2 668 1827 70 28 94.420166 me. Mary: His baby? Susan: His car. Mary: How can you forgive yourself for going out with him? Susan: Then I said, Is5 1 4 2 4 11 1315 1877 76 27 95.914833 there5 1 4 2 4 12 1402 1877 88 36 94.757202 really5 1 4 2 4 13 1502 1886 16 19 96.882828 a5 1 4 2 4 14 1529 1878 159 28 96.312576 differences 1 4 2 4 15 1699 1879 130 28 95.865875 between5 1 4 2 4 16 1842 1879 38 29 96.942566 944 1 4 2 5 0 544 1918 1333 44 -1 5 1 4 2 5 1 544 1918 55 29 96.293190 ands 1 4 2 5 2 621 1927 16 20 96.293190 a5 1 4 2 5 3 658 1919 90 28 96.566040 lowers 1 4 2 5 4 767 1920 133 27 84.584435 octane? And Michael said, That's5 1 4 2 5 9 1393 1923 66 36 96.547432 why5 1 4 2 5 10 1480 1923 65 36 96.729988 they5 1 4 2 5 11 1567 1924 82 28 96.205696 made5 1 4 2 5 12 1669 1924 21 28 96.955208 it5 1 4 2 5 13 1710 1924 46 33 96.993958 94,5 1 4 2 5 14 1777 1925 100 37 95.841660 baby. ANNCR: Only Sunoco has Ultra 94. No other gasoline can give your car better acceleration. Because no other gasoline has 94 octane - the highest octane under the sun. (Complaint Exhibit B.) 3. Anncr: What's so special about Sunoco Ultra 94? No other gasoline can give your car better acceleration. Because no other gasoline has 94 octane - the highest octane under the sun. . . Don't waste your time going anywhere else. Come to Sunoco and fill up with Ultra 94 - for maximum power and performance. Remember, there's only one 94. Sunoco Ultra. (Complaint Exhibit C.) PAR. 5. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits A-C, respondents have represented, directly or by implication, that SUNOCO ULTRA 93.5 and 94 gasolines provide superior engine power and acceleration, that would be significant to consumers, for automobiles generally as compared to any other gasoline. Complaint 115 F.T.C.

PAR. 6. Through the use of the statements contained in the advertisements referred to in paragraph four, including but not necessarily limited to the advertisements attached as Exhibits A-C, respondents have represented, directly or by implication, that at the time they made the representation set forth in paragraph five, respondents possessed and relied upon a reasonable basis that substantiated such representation.

PAR. 7. In truth and in fact, at the time respondents made the representation set forth in paragraph five respondents did not possess and rely upon a reasonable basis that substantiated such representation. Therefore, the representation set forth in paragraph six was, and is, false and misleading.

PAR. 8. The dissemination by respondents of the aforesaid false and misleading representation, as herein alleged, constituted, and now constitutes, unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act.

Commissioner Owen dissenting.

SUN COMPANY, INC., ET AL.

560 Complaint EXHIBIT A TELEVISION: AS RECORDED CLIENT: Sun Refining & Marketing Co.

PRODUCT: Sunoco Ultra/Credit Card (MARKETS: CEDAR RAPIDS, DES MOINES, DAVENPORT) TITLE: U-Turns 1 10 1 1 3 827 1195 97 30 95.622131 Credits 1 10 1 1 4 936 1194 74 30 96.572472 Cards 1 10 1 1 5 1033 1192 117 30 94.040550 Promo CODE NO. SUGS-5063 DATE: 5/4/90 LENGTH: 30 AIRDATE: 5/21-6/17 JOB NO.: 03925-01306 VIDEO OPEN ON A MAN GETTING INTO RED SPORTSCAR SEEN FROM ABOVE THROUGH A WINDOWPANE. CAR DOOR SLAMS AND WE SEE THE CAR DRIVE DOWN THE ROAD. WS OF RED CAR SPEEDING AROUND A CORNER. CU MAN IN CAR TURNS HIS HEAD AND NOTICES SUNOCO GAS STATION THE CAR STOPS SHORT AND TURNS AROUND SUNROOF OPENS AND MAN LOOKS UP SUN SHINES THROUGH THE LOGO ON THE PUMP. CAR IS FILLED UP BY LIT PUMP.

MAN DRIVES DOWN THE ROAD INTO THE SUN SPLASH OF SUN ON SCREEN CRAWL WITH SUN IN THE BACKGROUND.

SUPER: SUNOCO ULTRA 93.5 OCTANE BLACK AUDIO ANNCR: When your car's your baby...

SING: Nothin's too good for my baby So nothin’ but Ultra...

Nothin but Ultra.

ANNCR: ...treat it to the power of Sunoco Ultra 93.5 MAN: Fillitup. Ultra.

ANNCR: No other major brand can match it. Sunoco Ultra 93.5 ANNCR: And now until June 30th, participating dealers will accept most gasoline credit cards and make it easy to get a Sunoco card.

At Sunoco, you pay one price, cash or credit.

SFX: Music continues to :30 seconds.

Complaint 115 F.T.C.

EXHIBIT B RADIO: AS RECORDED CLIENT: Sun Refining and Marketing Co. |. CODE: SU-90-2274 PRODUCT: Ultra Gasoline - 94 LENGTH: 60 DATE: 4/2/90 TITLE: Michael/Flint, New York. Version 1. JOB #: 03925-01296 MARY :

SUSAN:

MARY:

SUSAN:

MARY :

SUSAN:

MARY:

SUSAN:

MARY :

SUSAN:

MARY :

SUSAN:

ANNCR:

SUSAN:

ANNCR:

MARY :

SUSAN:

So how was your date with Michael last night? We ran out of gas.

Ohhh. That good.

First we went to an Amoco station. But they didn't have 94 . 94 what? 94 octane gasoline.

So? So, we went to Mobil, then another station, then another. I said, Michael,5 1 15 8 2 2 1080 1531 66 37 96.066925 why5 1 15 8 2 3 1161 1530 76 29 96.546127 don't5 1 15 8 2 4 1250 1539 57 28 96.893913 you5 1 15 8 2 5 1318 1530 60 36 96.596733 just5 1 15 8 2 6 1392 1534 47 32 96.529427 gets 1 15 8 2 7 1453 1538 55 28 96.795204 any5 1 15 8 2 8 1522 1528 161 38 93.739555 gasoline? He said, My5 1 15 8 2 12 1928 1527 75 36 96.826653 baby4 1 15 8 3 0 910 1576 402 38 -1 5 1 15 8 3 1 910 1578 97 29 96.667801 would5 1 15 8 3 2 1020 1586 86 20 96.506668 never5 1 15 8 3 3 1117 1577 113 37 96.115784 forgive5 1 15 8 3 4 1241 1576 71 29 85.085831 me. His baby? His car.

How can you forgive yourself for going out with him? Then I said, Is5 1 15 12 1 5 1190 1764 77 27 96.859657 there5 1 15 12 1 6 1285 1762 88 37 96.300636 really5 1 15 12 1 7 1392 1770 16 21 96.300636 a5 1 15 12 1 8 1426 1761 158 29 96.290100 differences 1 15 12 1 9 1602 1761 130 28 96.197304 between5 1 15 12 1 10 1750 1760 38 28 96.591866 945 1 15 12 1 11 1807 1759 55 29 96.432632 ands 1 15 12 1 12 1882 1767 16 20 96.802094 a5 1 15 12 1 13 1916 1759 89 28 96.634186 lower4 1 15 12 2 0 910 1806 1012 38 -1 5 1 15 12 2 1 910 1811 134 29 91.878494 octane? And Michael said, That's5 1 15 12 2 6 1480 1808 65 36 96.598396 why5 1 15 12 2 7 1557 1808 66 36 96.772552 they5 1 15 12 2 8 1635 1807 83 28 96.951576 made5 1 15 12 2 9 1731 1806 20 28 96.849792 it5 1 15 12 2 10 1762 1806 47 33 96.965164 94,5 1 15 12 2 11 1822 1806 100 36 71.412766 baby.”4 1 15 12 3 0 910 1851 1096 42 -1 5 1 15 12 3 1 910 1857 77 36 96.714569 Only5 1 15 12 3 2 1000 1857 115 28 96.728653 Sunoco5 1 15 12 3 3 1126 1856 49 28 96.970329 has5 1 15 12 3 4 1187 1856 79 28 93.453995 Ultra5 1 15 12 3 5 1277 1855 45 29 93.453995 94.5 1 15 12 3 6 1345 1854 46 29 96.258553 No5 1 15 12 3 7 1402 1854 79 28 96.258553 others 1 15 12 3 8 1492 1854 127 36 96.396111 gasolines 1 15 12 3 9 1631 1861 53 20 96.865402 cans 1 15 12 3 10 1696 1852 66 37 96.364838 gives 1 15 12 3 11 1774 1860 72 29 96.364838 yours 1 15 12 3 12 1857 1860 48 19 96.684845 cars 1 15 12 3 13 1915 1851 91 28 96.684845 better4 1 15 12 4 0 911 1897 1095 40 -1 5 1 15 12 4 1 911 1902 197 30 96.122009 acceleration.5 1 15 12 4 2 1138 1902 129 28 96.122009 Because5 1 15 12 4 3 1282 1910 37 19 96.979256 no5 1 15 12 4 4 1334 1901 79 28 96.688103 others 1 15 12 4 5 1427 1899 129 38 96.585739 gasolines 1 15 12 4 6 1571 1900 50 28 97.000114 has5 1 15 12 4 7 1636 1899 37 29 97.002258 945 1 15 12 4 8 1689 1904 101 23 93.211876 octane5 1 15 12 4 9 1805 1914 10 5 93.022308 -5 1 15 12 4 10 1830 1898 47 28 97.004288 thes 1 15 12 4 11 1891 1897 115 37 96.907372 highest4 1 15 12 5 0 910 1949 343 29 -1 5 1 15 12 5 1 910 1955 103 23 96.717010 octane5 1 15 12 5 2 1024 1950 89 28 96.719078 under5 1 15 12 5 3 1124 1949 46 28 95.862755 thes 1 15 12 5 4 1192 1956 61 21 95.862755 sun.3 1 15 13 0 0 910 1986 1094 94 -1 4 1 15 13 1 0 910 1986 1094 47 -1 5 1 15 13 1 1 910 1996 118 37 95.589447 Finally,5 1 15 13 1 2 1041 1996 11 28 95.589447 I5 1 15 13 1 3 1064 1995 69 34 96.837708 said,5 1 15 13 1 4 1147 1995 96 28 96.556358 Look Michael, both of us want to be fed, now. Who's more important?"

If you want to take good care of your baby, give it Sunoco Ultra 94. So where'd he take you? Never make a man choose between you and his car. CLIENT: Sun Refining and Marketing Co.

PRODUCT: Ultra Gasoline - 94 SUN COMPANY, INC., ET AL. 565 Complaint EXHIBIT C RADIO: AS RECORDED CODE #: SU-90-2265 LEGTH: 60. DATE: 4/2/90.

TITLE: Gas Attendants/New York, Flint. Version 1 JOB #: 03925-01296 SFX :

ATTENDANT:

DRIVER:

ATTENDANT:

SFX :

ANNCR:

SFX:

DRIVER:

ATTENDANT 2:

SFX:

ANNCR:

DRIVER:

ATTENDANT 3:

SFX:

ANNCR:

SFX:

DRIVER:

SUN ATTENDANT:

DRIVER:

CAR PULLING INTO GAS STATION. BELL RINGS. What'll it be? Fill up to the top with 94.

94? (Ha Ha) This is Amoco.

TIRES SCREECH OUT There's only one 94 octane gasoline - Sunoco Ultra 94. BELL RINGS.

Do you have any 94 octane? Sir, we've got 87, 92 and a little half and half could be nice...but 94? We don't have anything that high. TIRES SCREECH.

What's so special about Sunoco Ultra 94? No other gasoline can give your car better acceleration. Because no other gasoline has 94 octane - the highest octane under the sun.

Got any 94 octane? What're ya, some kind of wise guy? Mobil doesn't make 94 octane.

TIRES SCREECH.

And Sunoco Ultra 94 has a special detergency to keep your intake system clean.

BELL RINGS.

94? No... problem. Sunoco Ultra 94.

Don't waste your time going anywhere else. Come to Sunoco and fill up with Ultra 94 - for maximum power and performance. Remember, there's only one 94. Sunoco Ultra.

Decision and Order 115 F.T.C.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and respondents having been furnished thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation of the Federal Trade Commission Act; and The respondents, their attorneys, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by respondents 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 respondents of facts, other than jurisdictional facts, or of violations of law as alleged in such complaint, and waivers and other provisions as required by the Commission's Rules. The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have 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, and having duly considered the comments filed thereafter by interested persons pursuant to Section 2.34 of its Rules, 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 Sun Company, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of the State of Pennsylvania, with its office and principal place of business located at 100 Matsonford Road, Radnor, Pennsylvania. Respondent Sun Refining and Marketing Company is a corporation organized, existing and doing business under and by virtue of the laws of the State of Pennsylvania, with its office and principal SUN COMPANY, INC., ET AL. 567 560 Decision and Order place of business located at 1801 Market Street, Philadelphia, Pennsylvania.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER PART I.

It is ordered, That respondents Sun Company, Inc., and Sun Refining and Marketing Company, corporations, their successor and assigns, and their officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division, or other device, in connection with the advertising, labeling, packaging, offering for sale, sale or distribution of SUNOCO ULTRA 93.5 and 94 gasolines or any other gasoline in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from making any representation, directly or by implication, about:

(1) The superiority of ULTRA 93.5 and 94 in providing engine power or acceleration for any automobile; or (2) The relative or absolute attributes or performance of any gasoline with respect to vehicle engine power, acceleration, or any other performance characteristic, unless at the time of making such representation, respondents possess and rely upon a reasonable basis consisting of competent and reliable scientific evidence which substantiates the representation. For the purposes of this order, competent5 1 8 1 4 6 1236 2313 69 36 96.729256 ands 1 8 1 4 7 1320 2313 147 37 96.644424 reliable5 1 8 1 4 8 1484 2314 177 37 97.002762 scientific5 1 8 1 4 9 1678 2316 193 35 94.803368 evidence shall mean tests, experiments, analysis, research, studies, or other evidence based on the expertise of professionals in the relevant area conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession or science to yield accurate and reliable results. Provided that, nothing in this order shall prohibit respondents from truthfully representing the numerical octane rating of any gasoline.

Decision and Order 115 F.T.C.

PART IL.

It is further ordered, That for three (3) years after the date of the last dissemination of the representation to which they pertain, respondents shall maintain and upon request make available to the Federal Trade Commission or its staff for inspection and copying: A. All materials relied upon to substantiate any claim or representation covered by this order; and B. All tests, reports, studies or surveys in respondents’ possession or control that contradict any representation of respondents covered by this order.

PART III.

It is further ordered, That respondents shall forthwith distribute a copy of this order to all operating divisions, subsidiaries, franchisees, officers, managerial employees, and all of their employees or agents engaged in the preparation and placement of advertisements or promotional materials covered by this order and shall obtain from each such employee a signed statement acknowledging receipt of the order.

PART IV.

It is further ordered, That respondents shall notify the Commission at least thirty (30) days prior to any proposed change in the corporation(s) such as a dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation(s) that may affect compliance obligations under this order. PART V.

It is further ordered, That respondents shall, within sixty (60) days after service upon them of this order and at such other times as the Commission may require, file with the Commission a report, in SUN COMPANY, INC., ET AL. 569 560 Dissenting Statement writing, setting forth in detail the manner and form in which they have complied with this order.

Commissioner Owen dissenting.

DISSENTING STATEMENT OF COMMISSIONER DEBORAH K. OWEN Deciding whether to issue a consent order involves weighing, among other factors, the potential benefits of securing stronger relief, against the costs and risks inherent in further negotiation and possible litigation. Pinpointing where the correct balance lies is often a formidable challenge, and people who share a dedication to tough law enforcement may reasonably disagree as to where it appropriately falls. In this matter, I believe that the relief obtained is grossly insufficient in light of the respondents’ past conduct, and because the total consumer injury arising from the claims involved may be very costly.

Accordingly, I dissent from the Commission's decision to issue this consent order.

This is the second time that respondents have tangled with the Commission over ads linking octane and automobile engine performance. In 1974, the Commission ordered respondents' corporate predecessor, Sun Oil Co., to cease and desist from making false performance and uniqueness claims for its gasoline.’ Since these respondents have a history of self-proclamation as the industry's octane king, I am skeptical that a second, mere go5 1 5 3 7 11 1552 2011 67 35 96.495461 ands 1 5 3 7 12 1634 2011 48 36 96.951584 do5 1 5 3 7 13 1696 2022 47 25 96.834290 no5 1 5 3 7 14 1759 2012 117 35 88.006050 more order will have much useful deterrent effect. Securing stronger relief is certainly called for when there are indications that consumer injury is particularly significant. Consumer injury due to misperceptions about the relation between octane and performance, and the resultant overbuying of octane, may be very great. A report released last year by the U.S. General Accounting Office,’ though cautioning that the existing evidence is not conclusive, suggested that consumers may be spending hundreds of ’ 84 FTC 247 (1974).

? U.S. General Accounting Office, Gasoline Marketing: Premium Gasoline Overbuying May Be Occuring, but Extent Unknown, Report to the Chairman, Subcommittee on Antitrust, Monopolies and Business Rights, Committee on Judiciary, U.S. Senate, February, 1991.

Dissenting Statement 115 F.T.C.

millions of dollars, or more, yearly on unnecessary purchases of higher octane gasolines. Such dollar figures may not be surprising in view of the huge size of the gasoline market. In addition, recognizing the widespread nature of consumer misunderstanding about octane and performance, the Commission recently issued a Facts5 1 3 1 5 9 1923 856 56 35 96.388657 fora 1 3 1 6 0 643 913 1334 46 -1 5 1 3 1 6 1 643 914 240 36 81.447548 Consumers bulletin, with the cooperation of the American Automobile Association, to help consumers select the octane grade most appropriate for their needs. I suspect, however, that this admirable effort represents only a small corrective to the consumer misperceptions that ads such as Sunoco's have not merely taken advantage of, but have strongly reinforced.

Based on these considerations, I conclude that the public interest would have been better served if the remedy in this matter had provided stronger incentives to insure compliance with the FTC Act, or had provided other relief that would truly benefit consumers. Query why in this instance, unlike others,’ the Commission is content to have consumer enlightenment financed with taxpayers’ dollars, rather than with the ill-gotten gains of a company that the Commission has found reason to believe has violated the FTC Act -- more than once.

3 United States v. Sears, Roebuck and Co., Civil Action No. 89-3383 TAF (DCC 1989); American Life Nutrition, Inc., et al., FTC Docket No. C-3310. SUN COMPANY, INC., ET AL. 571 560 Concurring Statement CONCURRING STATEMENT OF COMMISSIONER DENNIS A. YAO I agree with much of Commissioner Owen's dissenting view that some type of stronger relief is called for in this matter. There is some reason to believe that consumer misperception about the value of high octane gasoline in improving automobile performance will persist after the advertisements in question are withdrawn and thus that an order requiring Sun to place advertisements which correct past misleading advertising might be needed here.’ In my view, however, the arguments in favor of ordering such corrective advertising as an appropriate and workable remedy for this case are not sufficiently supported. Nevertheless, an alternative remedy such as a consumer education program, in which a company is required to provide to consumers educational materials about the relative value of certain characteristics of goods,” may be appropriate for cases such as this one, particularly in light of Sun's involvement in a previous deceptive advertising campaign concerning the value of high octane gasoline.’ Although the Commission is not ordering such relief here, consumers would often benefit from educational materials provided by firms which have repeatedly engaged in deceptive advertising. 5 1 6 1 1 2 650 2557 63 33 83.542931 See,5 1 6 1 1 3 728 2566 66 29 89.797661 e.g.,5 1 6 1 1 4 810 2558 271 31 91.846237 Warner-Lambert5 1 6 1 1 5 1094 2560 63 34 93.162308 Co.,5 1 6 1 1 6 1171 2560 37 30 96.841423 865 1 6 1 1 7 1220 2560 73 30 94.793884 FTC5 1 6 1 1 8 1309 2561 74 31 96.371185 13985 1 6 1 1 9 1397 2562 114 36 96.371185 (1975),5 1 6 1 1 10 1524 2563 77 38 46.168640 aff'd5 1 6 1 1 11 1610 2573 35 20 96.725700 as5 1 6 1 1 12 1656 2564 149 38 96.605408 modified,5 1 6 1 1 13 1819 2564 59 31 96.605408 5624 1 6 1 2 0 542 2605 987 42 -1 5 1 6 1 2 1 542 2605 72 29 87.728836 F.2d5 1 6 1 2 2 627 2605 59 30 95.841591 7495 1 6 1 2 3 700 2606 68 35 96.793152 (DC5 1 6 1 2 4 781 2606 59 29 96.702148 Cir.5 1 6 1 2 5 859 2607 98 36 96.780823 1977),5 1 6 1 2 6 971 2614 69 24 96.272209 cert.5 1 6 1 2 7 1055 2608 117 35 96.863785 denied,5 1 6 1 2 8 1186 2609 58 30 96.259171 4355 1 6 1 2 9 1258 2610 70 29 96.259171 U.S.5 1 6 1 2 10 1342 2611 59 29 96.682182 9505 1 6 1 2 11 1414 2611 115 36 95.550110 (1978).2 1 7 0 0 0 541 2671 1319 84 -1 3 1 7 1 0 0 541 2658 1319 97 -1 4 1 7 1 1 0 641 2671 1219 38 -1 5 1 7 1 1 1 641 2671 56 33 96.348190 See,5 1 7 1 1 2 713 2680 63 28 89.224777 e.g.,5 1 7 1 1 3 795 2672 108 29 96.988861 United5 1 7 1 1 4 913 2673 94 29 92.519516 States5 1 7 1 1 5 1021 2683 21 19 92.519516 v.5 1 7 1 1 6 1057 2674 96 33 96.709068 Sears,5 1 7 1 1 7 1168 2674 141 30 91.643005 Roebuck5 1 7 1 1 8 1323 2676 25 29 91.643005 &5 1 7 1 1 9 1364 2676 63 33 92.944366 Co.,5 1 7 1 1 10 1441 2676 79 29 96.133957 Civil5 1 7 1 1 11 1534 2677 109 30 96.783455 Actions 1 7 1 1 12 1656 2678 57 29 74.489914 No.5 1 7 1 1 13 1729 2678 131 30 96.545120 89-33834 1 7 1 2 0 541 2718 300 37 -1 5 1 7 1 2 1 541 2718 77 29 96.547882 TAF5 1 7 1 2 2 630 2719 95 35 96.363518 (DCC5 1 7 1 2 3 742 2719 99 36 95.954521 1989).2 1 8 0 0 0 614 2771 576 52 -1 3 1 8 1 0 0 614 2771 576 52 -1 4 1 8 1 1 0 614 2771 576 52 -1 5 1 8 1 1 1 614 2771 12 22 78.594093 >5 1 8 1 1 2 649 2784 61 29 83.863548 Sun5 1 8 1 1 3 724 2785 51 29 93.265541 Oils 1 8 1 1 4 787 2785 64 34 93.109558 Co.,5 1 8 1 1 5 866 2785 38 30 93.476295 845 1 8 1 1 6 916 2785 73 30 95.146095 FTC5 1 8 1 1 7 1003 2786 58 29 96.879364 2475 1 8 1 1 8 1075 2787 115 36 93.350235 (1974), Complaint 115 F.T.C.