Imperial Candy Company
Volume 40 · 40 F.T.C. 35
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Imperial Candy Company, 40 F.T.C. 35 (1945). Consumer Law Library, https://consumerlawlibrary.org/decisions/v040-0005
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- 39 F.T.C. 459 — SUPERBILT MANUFACTURING COMPANY, INC cited_neutral
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IN THE MATTER OF IMPERIAL CANDY COMPANY MODIFIED CEASE AND DESIST ORDER Docket 50-46. Order, January 22, 19-45 Modified order in proceeding in question, in which original order issued on November 29, 1944, 39 F. T. C. 459, requiring respondent, its officers, etc., in connection with the offering for sale, etc., of peanuts or other merchandise, to cease and desist from selling said peanuts, etc., through use of lottery schemes, punch boards, push cards, Whirling Derbies, etc., as in said order below set forth. Mr. J. W. Brookfield, Jr. for the Commission.
Skeel, :McKelvy, Henke, Evenson & Uhlmann, of Seattle, Wash., for respondent.
MODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission Upon the complaint of the Commission and the answer of the respondent, in which answer respondent admits all the material allegations of fact set forth in said complaint and states that it waives all intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and its conclusion that the respondent has violated the provisions of the Federal Trade Commission Act; It is ordered, That the respondent, Imperial Candy Company, a corporation and its officers, representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of peanuts or any other merchandise in commerce, as "commerce" is defined in the Federal Trade Commission Act, do forthwith cease and desist from:
1. Selling or distributing peanuts or any other merchandise so packed and assembled that sales of such peanuts or other merchandise to the public are to be made or, due to the manner in which such merchandise is packed and assembled at the time it is sold by respondent, may be made by means of a game of chance, gift enterprise or lottery scheme. 2. Supplying to or placing in the hands of others punch boards, push or pull cards, Whirling Derbies, or other lottery devices, either with assortments of peanuts or other merchandise or separately, which said puneh ·boards, push or pull cards, Whirling Derbies, or other lottery devices are to be used or may be used in selling or distributing such peanuts or other merchandise to the public.
3. Selling or otherwise disposing of any merchandise by means of a game of chance, gift enterprise, or lottery scheme. It is further ordered, That the respondent shall, within GO days after 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 ''ith this order.
Complaint 40 F. T. C.