Avery Salt Co

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

IN THE MATTER OF AVERY SALT COMPANY MODIFIED CEASE .AND DESIST ORDER Docket 2248. Order, NOt'. 19, 1940 Modified order, pursuant to provisions of section 5 (i) of Federal Trade Com. mission Act, in proceeding in question, in which prior order of October 17, 1939, 29 F. T. C. 1132, required respondent, its officers, etc. (following Commission's complaint, etc., findings, and order of November 28, 1936, 23 F. T. C. 1047, placement of matter in fieri pending decisions in related salt cases, and the making of such decisions therein), to cease and desist from (1) using word "smoke," etc., to designate, etc., salt offered and sold by it and which had not been directly subjected to action and effect of smoke from burning wood, etc., for curing, preserving, smoking, or flavoring meats, and from (2) representing that its said "Avery Sugar Curing Smoke Salt" does the complete job of curing and smoking meat, or that meat, by treatment with such product, acquires therefrom same taste, etc., as meat acquires from treatment with salt and subsequent exposure to smoke of burning wood, as in said original proceeding required, and in said cease and desist order set forth- Requiring respondent, its officers, etc., in connection with offer, etc., in interstate commerce, of salt, to cease and desist from using word "smoke" or other words signifying smoke or implying use thereof, to designate or describe salt offered, etc., for curing, preserving, smoking or flavoring meats, unless such salt bas been subjected to action and effect of smoke from burning wood, as in such modified order set forth, and subject to added provision permitting use of terms "condensed smoke" or ''liquid smoke" in enumeration or statement of ingredients of such salt, in the event of the addition thereto of a refined concentrate resulting from destructive distillation of wood, and in sufficient quantity to impart to such salt flavor of smoke, as below set forth In detail.

Modified ORDER TO Cease AND DESIST This proceeding coming on for :further hearing before the Federal Trade Commission and it appearing that on November 28, 1936, the Commission made its findings as to the facts herein and concluded therefrom that respondent had violated the provisions of Section 5 of the Federal Trade Commission Act and on October 17, 1939, issued and subsequently served its order to cease and desist; and it further appearing that on March 23, 1940, the United States Circuit Court of Appeals :for the Fourth Circuit rendered its decree modifying the aforesaid order of the Commission in certain particulars and affirming said order in other particulars and directed Order 31F.T. C.

the Commission to modify its said order to cease and desist in accordance with said decree.

lrow, therefore, Pursuant to the provisions of subsection (i) of section 5 of the Federal Trade Commission Act, the Commission issues this its modified order to cease and desist in conformity with said Court decree:

It is ordered, That respondent A very Salt Co., its officers, representatives, agents, and employees, in connection with the offering for sale, sale, and distribution of salt in interstate commerce as "commerce" is defined in the Federal Trade Commission Act, forthwith cease and desist from:

Using the word "smoke," or any other word or words signifying smoke, or implying use of. smoke, to designate or describe salt offered for sale, or sold, for curing, preserving, smoking, or flavoring meats, unless the salt so described or designated has been or is directly subjected to the action and effect of the smoke from burning wood during the process and course of its combustion sufficiently to acquire from such source alone all of its smoke or smoke effects for use in curing, preserving, smoking, or flavoring meats; provided that nothing in this order shall prohibit the respondent from using the terms "condensed smoke" or "liquid smoke" in enumerating or stating the ingredients of such salt when there has been added thereto a refined concentrate resulting from the destructive distillation of wood, and where the application of such product is in sufficient quantity to impart to such salt the flavor of smoke; It i8 f1brthe'r ordered, That the respondent shall, within 30 days after service upon it of this modified 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.

W. R. CASE & SONS CUTLERY CO. 1393 Complaint