A. P. W. Paper Company, Inc.

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

In THe MATTER OF A. P. W. PAPER COMPANY, INC.

MODIFIED ORDER TO CHASE AND DESIST Docket 4747. Order, August 12, 1946 Modified order, pursuant to the provisions of section 5 of the Federal Trade Commission Act, and in accordance with decree below referred to, in proceeding in question, in which (1) original order issued on January 7, 1944, 388 F. T. C. 1; (2) the Circuit Court of Appeals for the Second Circuit in A. P. W. Paper Company, Inc. v. Federal Trade Commission, 149 F. (24) 424, 40 F. T. C. 921, rendered its decision and on May 17, 1945, entered its decree reversing the Commission’s said order and remanding the cause to the Commission for further proceedings in conformity with its opinion; (3) the Supreme Court on May 6, 1946, in Federal Trade Commission v. A. P. W. Paper Company, Inc., 328 U. S. 193, 66 8. C. 932, 42 F. T. C. 909, affirmed the decision of said circuit court of appeals, and on June 19 issued its mandate affirming the judgment of said court; and, (4) said court of appeals on June 21, 1946, entered an order to the effect that the judgment of said Supreme Court be made its judgment, and that the decision of the said circuit court be affirmed— Requiring respondent herein, its officers, etc., in connection with the offer, ete., of respondent’s toilet tissues and paper towels in commerce, to,cease and desist from using, subject to the permissible limits prescribed by a certain act of Congress as amended, the words “Red Cross”, etc., as in said order below set out.

Before Mr. Miles J. Furnas, trial examiner. Mr. Marshall Morgan for the Commission.

Sullivan & Cromwell, of New York City, for respondent. MODIFIED ORDER TO CEASE AND DESIST This matter coming on for further proceedings before the Federal Trade Commission, and’ it appearing that on January 7, 1944, the Commission made its findings as to the facts herein and concluded therefrom that the respondent A. P. W. Paper Co., Inc., had violated the provisions of the Federal Trade Commission Act, the Commission on January 7, 1944, issued, and thereafter served its order to cease and desist upon said respondent A. P. W. Paper Co., Inc. Thereafter on February 16, 1944, respondent company filed in the United States Circuit Court of Appeals for the Second Circuit its petition to review and set aside the Commission’s said order to cease and desist. On May 17, 1945, said court entered its decree reversing the Commission’s said order and remanding the cause to the Commis- A. P, W. PAPER CO., INC. rg 70 Order sion for further proceedings in conformity with the said court’s opinion.

Thereafter on October 8, 1945, the Supreme Court of the United States granted certiorari in the matter and on May 6, 1946, said court rendered its decision affirming the decision of the United States Circuit Court of Appeals as rendered on May 17, 1945. Thereafter, on June 19, 1946, the Supreme Court of the United States issued its mandate affirming the judgment of the United States Circuit Court of Appeals for the Second Circuit and on June 21, 1946, said Court of Appeals entered an order to the effect that the judgment of the said Supreme Court of the United States be made the judgment of the United States Circuit Court of Appeals for the Second Circuit and that the decision of the said circuit court be affirmed. In conformity therefore with the final decree of the United States Circuit Court of Appeals for the Second Circuit, dated June 21, 1946, and pursuant to the provisions of the Federal Trade Commission Act, the Commission hereby issues this, its modified order, to cease and desist :

It is ordered, that the respondent, A. P. W. Paper Co., Inc., a corporation, and its officers, agents, representatives and employees, directly or through any corporate device, in connection with the offering for sale, sale and distribution of respondent’s toilet tissues and paper towels in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from— Using, subject to the permissible limits prescribed by the Act of January 5, 1905, as amended by section 4 of the act of 1910, the words “Red Cross” or any abbreviation or simulation thereof, either alone or in combination or connection with any other word or words, to designate, describe, or refer to respondent’s products, or using or displaying on respondent’s products or in any advertisement thereof, the mark of a Greek red cross, or any other mark, emblem, sign or insignia simulating or resembling such cross, without clearly and conspicuously stating in every instance, in immediate conjunction with any such designation or description of, reference to, or display upon respondent’s products, or in any advertisement of such products, written or oral, the following:

This product is not sponsored or approved by or in any manner associated or connected with the American National Red Cross, It is further ordered, that the respondent shall, within 60 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 with this order.

Sylabus 43 ET.

\