Etablissements Rigaud, Inc

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IN THE MA'l.'ler OF ETABLISSEMENTS RIGAUD, INC., ET AL.

MODIFIED CEASE AND DESIST ORDER . Docket 3337. Order, May fO, 19t9 Modified order, pursuant to provisions of section 5 (i) of Federal Trade Commission Act, and in accordance with decree below referred to, in proceeding. ·in question, In which original order issued on September 27, 1939, 29 F. T. 0. 1032, and in which Circuit Court of Appeals for Second Cirr·uit, on February 4, 1942, in Etablissements Rigaud, Inc., et al. v. Federal Trade Commission, 125 F. (2d) 500, rendered its opinion and on February 24, 1942. Issued its final decree affirming aforesaid order of Coremlssion by modifying same in certain particulars- Requiring respondent, its officers, etc., In connection wltb offer, etc., in commerce, of perfumes, to cease and desist from (1) representing, through use of term "Paris" or "Paris, France," or any other terms, words, symbols. or picturizations Indicative of French or other foreign origin of such products, or in any manner that perfumes that are made or compounded in the United States are made or compounded in France or in any other foreign country, _subject to proviso in order set forth with respt>rt to permitting · statement of country of origin of the various ingredients; and (2) using theterms "Un Air Embaume," ''Rigaud," "Igora," or anv other French or other foreign words or terms as brand or trade names for pl'rfumes made or compounded in the United States without clearly and conl<picuously stating,. as In order specified, said fact.

MODIFIED ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on September 27, 1939, the Commission made its findings as to the facts herein nnd concluded therefrom that the respondents, Etablissements Rigaud, Inc. and E. Fougera & Co., Inc., corporations, have violated the provisions of section 5 of the Federal Trade Commission Act and issued and subsequently served its order to cease and desist; and it further appearing that on February 4, 1942 the United States Circuit Court of Appeals for the Second Circuit rendered its opinion, and on February 24, 19!2, issued its final decree affirming the aforesaid order of the Commission by modifying said order in certain particulars. Now, 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. the said decree.

ET.i\BLISSEMEN'l'S RIGAUD, INC., ET AL. 1233 1232 Order It is ordered, That the respondents, Etablissements Rigaud, Inc. and E. Fougera & Co., Inc., their officers, represefltatives, agents, and employees, directly or through any corporate or oth~r device in connection with the offering for sale, sale, and distribution of perfumes in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forth with cease and desist from : 1. Representing, through the use of the term "Pari:;," or "Paris, France" or any other terms, words, symbols, or picturization indicative of French or other foreign origin of such products, or in any manner that perfumes which are made or compounded in United States are made or compounded in France or in any other foreign country: Providea, howm,er•, That the country of origin of the various ingredients thereof may be stated when immediately accompanied by a statement that such products are made or compounded in the united States.

2. Using the terms "Un Air Embaume," "Rigaud," "Igora," or any other French or other foreign words or terms as brand on trade names for perfumes made or compounded in the United States without clearly and conspicuously stating in immediate connection and ~conjunction therewith that such products are made or compounded lil the United States.

It is further ordered, That the respondents, Etablissements Rigaud, Inc. and E. Fougera & Co., Inc., shal,l within 30 days after service Upon them of this order file with the Commission a report in writing se~ting forth in detail the manner and form in which they have comphed with this order.

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