Jules V. Riviere Perfumes, Inc.

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

IN THE MATTER OF JULES V. RIVIERE PERFUMES, INC•.

COMPLAINT AND ORDER IN REGARD TO Tile ALLEGED VIOLATION OF SEC. 5 OJ!' AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 2250. -Complaint, Nov. 23,f 1934-order, Apr. 22, 1995 Consent order requiring respondent, its) officers, etc., in connection with the advertisement, sale and offer for sale of its perfumes in interstate com· merce to forthwith cease and desist from (1) using the words Paris" or "France", or the name bf Jules V. Riviere or Jules Riviere or Riviet·e In the form of a signature, in or on labels, or display or shipping cartons or packages containing domestic made perfumes, or in connection with advertising matter, relating to domestic made perfumes, 1n the form of written or printed words or radio broadcast, or other form, in such a way as to represent ·or imply that said perfumes were made in Purls or France, and from (2) using the name of Jules V. Riviere, as aforesaid, or any inscriptions or statements in the French language, upon such cartons or packages, or in connection with such advertising matter, with· out clearly showing that said perfumes were made in the United States. Mr. Robt. N. McMillen for the Commission. Munn, Anderson & Liddy, of New York City, for tespol).'dent. ' I .GoMPLAINT , , , Pursuant to \he'provisions ~fan Act of Congress entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes}', the Federal Trade Commission, having reason to believe that Jules V. Riviere Perfumes, Inc., a corporation, hereinafter referred to as respondent, has been and is u£ing unfair methods of competition in commerce, as "commerce" is defined in said 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 In that respect as follows: PARAGRArii·l. Respondent is, and at all times· hereinafter mentioned was, a corporation' organized and existing under· and by virtue of the laws of the State of New York, with its principal place of business at New York City in said State. It is and has been engaged in the manufacture, compounding and sale of perfumes. Its sales are made to customers located in the various States of the Union, and pursuant to such sales shipment is made by respondent from its place of business in New York to such customers located in the various States as aforesaid. The corporate name is not the name of any person connected with respondent or its predecessor in the business. JULES V. RMERE PERFUMES, INC. 297 296 Complaint PAR. 2. There are in the State of New York and in various other ~states of the United States, other persons,· firms and corporations engaged in the business of manufacturing, compounding and selling perfumes to ·customers located throughout the United States, and pursuant to said sales said persons, firms and corporations ·make shipment from their respective places of business to said customers located in various States other than the State of the location of said manufacturers. Respondent is in substantial competition with these other persons, firms and corporations.

PAR. 3. The perfumes offered for sale and sold by respondent, a~ aforesaid, are manufactured or compounded by it at its place of business in New York. Such manufacturing' and compounding consists in adding alcohol and water to essential oils. The product is then filtered, bottled, labeled and packed for shipment . . PAn. 4. Upon the carton or outer container in which such perfume lS packed and shipped appear the words: r ' The intention behind the packing of this product is to dellver a fi~e perfume In a sensible container at the minimum cost. Above this is substantially the same statement in the French language. In a conspicuous place, and as a· subscription to the ~r~rich inscription, appear the words, "Jules V. Riviere, Paris." In Inconspicuous letters and in an inconspicuous place on the carton appear the words, "Bottled in U. S. A." On another face of the same container or carton appear the words, "Jules V. Riviere,' P~ris, France." A circular enclosed in each carton contains the'· above quoted inscription, both in English and in French, with illustrations of bottles containing the names of the various odors in which such perfume is made, with the word "Paris" conspicuous on each bottle and in almost"indistinguishable letters and in an inconspicuous place the words "Bottled in U. S.'A." · PAn. 5. Perfumes manufactured and compounded in France, and Particularly Paris, have for many years enjoyed widespread popularity and demand among the trade and consuming public throughout the United States, many of whom believe and consider that French Perfumes are superior in quality to perfumes manufactured in the , I PAn. 6. The use by respondent of the French-sounding corporate nam:e, coupled with the inscriptions in the French language, and the words "Paris" and "France" on the cart01i, have a tendency to and do mislead the trade and consuming public in the belief that the perfumes offered for sale by re..c;;pondent are made in Paris, France, and are imported into the United States. Such deception is Order 20F.T.C.

prejudicial and injurious to respondent's competitors, both those who import and sell perfumes made and compounded in France and. those who sell domestic perfumes which they :represent as such. 1 And ~uch deception is prejudicial to the consuming public and constitutes1 an unfair method of competition within the intent and meaning of Section 5 of the Federal Trade Commission Act, approved September 26, 1914.

ORDER TO CEASE AND DESIST It appearing to the Commission that at the time and place appointed for the respondent to appear and show cause why an order should not be entered by the Commission requiring it to cease and desist from the violation of law charged in the complaint, the respondent appeared and asked leave to withdraw its answer heretofore filed contesting the proceeding, and in lieu of said answer stated that it did not desire to contest the proceeding and that it consented that, without a hearing or trial, without the taking, of evidence, and without findings as to the facts or other intervening procedure, the Commission might make, enter and serve upon respondent an order to cease and desist from the violations of law charged in the complaint, and by way of specification, but without limitation as to the scope of the Commission's order, consented to certain definite prohibitions that said order should contain. And the Commission finding that under its rules of procedure this proffer and consent of the respondent shall be. deemed to be al} aqmission of all the allegations of the co.rp.plaint, to waive a qea.ring thereon and to authorize the Commission, without a trial, without the taking of evidence, and without findings as to the facts or othef intervening procedure, to make, enter and serve upon the respondent an order to cease and desist from the violations of law charged in the complaint.

It is therefore orderedt That the respondent be and hereby is per· mitted to withdraw its answer heretofore filed. It is further ordered, That the respondent, Jules V. Riviere Per· fumes, Inc., its officers, representatives and n.gents, in connection with the advertisement, sale and offering for sale of its perfumes in mterstate commerce, do forthwith cease and desist: (a) From using the words "Paris" or "France", or the name of Jules V. Riviere or Jules Riviere or Riviere in the form of a. signa· ture, in or on labels on, or display or shipping cartons or pad.:· ages containing domestic made perfumes, or in connection with advertising matter, relating to domestic made perfumes, in the JULES V. RIVIERE PERFUMES, INC. 299 296 Order form of written or printed words or radio broadcast, or other form, in such a way as to represent or imply that said perfumes were made in Paris or France;

(b) From using the natne of Jules V. Riviere or Jules Riviere or Riviere, or any inscripttons or statements in the French language, in or upon display or shipping cartons or packages containing domestic made perfumes, or in connection with advertising matter, relating to domestic made perfumes, in the form of written or printed words or radio broadcast, or other form, without clearly showing that said perfumes were made in the United States. It is further ordered, That the respondent shall within 30 days after the service upon it of this order file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with the order to cease and desist hereinabove set forth.

300 FEDERAL TRADE COl\HHSSION DECISIONS Syllabus 20F.T.C.