Hercules Incorporated

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IN THE MATTER OF HERCULES, INCORPORATED CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-2558. Complaint, Oct. 4, 1974—Decision, Oct. 4, 1974 Consent order requiring a Wilmington, Del:, formulator and distributor of manufacturing grade insecticides, among other things to cease claiming that its agricultural insecticides are absolutely safe to use or absolutely safe to man or the environment. Further, respondent must place in all promotional material expressing or implying safety claims about agricultural insecticides, a statement reminding users that all pesticides are harmful if misused, and that-they should only be used as directed. Appearances For the Commission: Miriaa A. Bender, Eric M. Rubin and Paul L. Chassy.

For the respondent: Charles S. Maddock, Wilmington, Del., and Burton Caine of Wolf, Block, Schorr & Solis-Cohen, Phila, Pa. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that Hercules Incorporated, a corporation, hereinafter referred to as respondent, has violated provi- Complaint 84 F.T.C.

sions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: PARAGRAPH 1. For the purposes of this complaint and the order attached hereto, the following definitions of terms shall apply: (1) “Pesticide” refers to (a) any substance or mixture of substances, including insecticides, intended for preventing, destroying, repelling or mitigating any pest, and (b) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. (2) “Insecticide” refers to any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever. (3) “Non-persistent” refers to the property of certain toxic chemicals to dissipate or breakdown to non-toxic components rapidly in the environment.

(4) “Non-mobile” refers to the property of certain toxic chemicals to remain at their site of application.

(5) “Magnify” refers to the property of certain toxic chemicals to accumulate in exposed organisms at appreciably higher levels of concentration than in either their surrounding environment or in organisms beneath them in the food chain.

Par. 2. Respondent, Hercules Incorporated, is a corporation organized, existing and doing business under and by virtue of the laws of the State of Delaware, with its principal office and place of business located at Hercules Tower, 910 Market Street, in the city of Wilmington, State of Delaware.

Par. 3. Respondent is now, and for some time last past has been, engaged in the production, formulation, advertising, offering for sale, sale and distribution of manufacturing grade insecticides designated as “Toxaphene” and “Delnav” to national, regional and local insecticide formulators for resale to retailers and the public. Respondent is now, and for some time last past has been, also engaged in cooperative advertising with customers for products containing Toxaphene and Delnav in formulation with carriers and other pesticides for resale to retailers and the public.

Par. 4. In the course and conduct of its business as aforesaid, respondent now causes, and for some time last past has caused the said products, when sold, to be transported from its place of business in one State of the United States to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has main- HERCULES, INC. 607 605 Complaint — tained, a substantial course of trade in'said products in commerce as “ecommerce” is defined in the Federal Trade Commission Act. Par. 5. In the course and conduct of its said business, and for the purpose of inducing the purchase of its Toxaphene insecticide, respondent has made,.and is now making numerous statements and representations in advertisements inserted in broadcast and print media and in other promotional materials concerning the physical and chemical characteristics of Toxaphene and its effects on human life and the environment. , :

Par.6. Typical and illustrative of the statements and representations in said advertising and promotional materials, disseminated as aforesaid, but not all inclusive thereof, are the following: (a) Promotional Literature:

~ (1) Low dosages of Toxaphene effectively control a broad spectrum of insects with safety to humans and other warmblooded animals. (b) Television Advertisements:

(1) If you’re a cotton grower, you’ve just got to be confused about insect control this season. First, you hear that farm prices in general are too high—then you're told that cotton insecticides pollute the environment * * * Hercules toxaphene is not one of the problem insecticides.

(c) Magazine Advertisements: [See pp. 608-612 herein.] Par. 7. Through the use of said advertisements and promotional materials and others similar thereto not specifically set out herein, disseminated as aforesaid, respondent has represented and is now representing, directly or by implication, that: (1) Toxaphene is a safe, non-toxic, hazard-free product with respect to humans and other warm-blooded animals, and will not harm one’s children or neighbors.

(2) Use of Toxaphene will not pollute the environment because it is a “soft” pesticide, is non-persistent, is non-mobile, and will not magnify biologically.

(3) Past use of Toxaphene has caused no problems of environmental pollution.

Par. 8. In truth and in fact:

(1) Toxaphene is not a safe, non-toxic, hazard-free product with respect to humans and other warm-blooded animals, and can harm children or neighbors. Labeling affixed to respondent’s Toxaphene products specifically warns users to keep it out of reach of children, that it may be fatal if taken internally, that it can be absorbed through the skin in dry or liquid form, that its vapors should not be breathed, and that it should be kept out of eyes and off clothing. Complaint FEDERAL TRADE COMMISSION DECISIONS Anyone wito likes clildren and dogs and uses Hercules 5 toxaphene cant bez aut baal.

Certain stories making the rounds color the American farmer as a :

man who cares little about his environment. You know first hand that isn’t true. A man who works closely with his land, who» watches the sky for > . | weather signals -~ and who isa” ’ businessman :

x in every meaning; ; Pm] ofthe 2). aks af ‘word, 9 ~*ta* aan CE ON takes his * Saload stewardship very seriously.

His livelihood depends on his skillful use of land, seed, equipment and modern agricultural chemicals — together with good conservation and farming practices.

For over twenty years | farmers have 3a SX 71-1 @ REGISTERED TRADEMARK HERCULES INCORPORATED used Hercules® toxaphene, a derivative of the southern ’ pine tree, in insect pest control. Such control increases yield and protects quality. Toxaphene. is - —.. not a “hard’ pesticide.

~ It is not biologically persistent, although it continues insect conve" trol 5 to 7 days after application. Toxa- 4, phene is non-mobile in the environment.

It does not have a high rate of biological magnification. It is a ‘‘good neighbor.”

Farmers who use formulations based on Hercules® toxaphene are good neighbors also. They furnish food and fiber for America. They are concerned about the environment.

sHERCULES'» ore onsne i ay * peau od Pine MENUS, Live.

605 Complaint A pine tree, a boy, and Hercules toxaphene...

what do they have m common? A great deal. From the southern that reduce cotton yield and quality. pine tree comes Hercules® Toxaphene is not a “‘hard’’ toxaphene, the insecticide that pesticide. It is non-mobile. It has been used over twenty years does not have a high rate of without causing problems of biological magnification. Toxaphene environmental pollution. And that is not. biologically persistent. means future generations will Farmers and livestock growers not find their natural resources both rely on formulations based lessened. on Hercules® toxaphene. They Toxaphene has played a major have found it to be a ‘‘good role in the control of insect pests neighbor’. Ser eg HERCULESS .

doxephene Ae incrn Pine 3b 8x 71-3 @REGISTERED TRADEMARK HERCULES INCORPORATED Complaint ae He wyiho 7 plans S wisely today, plans wisely ‘ ior fomorrowy.

Today’s modern agriculturalist is concerned about his stewardship of the environment. He carefully selects his agricultural chemicals. For over twenty years, farmers have used formulations based on Hercules# toxaphene to control insect pests. Toxaphene is not a “hard"’ pesticide. It is not biologically persistent, does not have a high rate of biological magnification, and is non-mobile in the environment.

Ask Hercules for agricultural chemicals that are good neighbors as well as top performers. Delnav miticide-insecticide, Herban® selective herbicide, and Nitroform® fertilizer are only a few that indicate Hercules’ capabilities.

SA 71-2 ® Regi: Trad k Hercules | HERCULES, INC. oll 605 Complaint ae _— fn oo tn tel o G © © ba ire cou SCCC Chae CaaS \ aa | “ nade FINS © x ra ei hard om cotton FMGSCTS ore Have no doubt about it, Hercules® Hercules toxaphene has a clean bill roxaphene is plenty tough on cotton of health on other points that make insect pests . -- boll weevils, bollworms, “hard” pesticides a controversial subject. plane bugs, and other hard-to-kill insects. Toxaphene has been used for over 20 But toxaphene stays active just long years in che Cotton Bele, saving millions enough to do its work. Toxaphene-based of dollars worth of cotton without formulations stay on the job berween creating problems of environmental applications . . . 5 f0 7 days. Hercules pollution. So, if you want (o call Hercules toxaphene is not biologically persistent like toxaphene a tsofc” insecticide, the hard” pesticides you've been go ahead. But it is hard on cotton insect hearing so much about. Monitoring studies. Pests--- and in areas where toxaphene applications that’s really all ri have been made year after year show no you want from i; residues in amounts of biological an insecticide, a importance. isn’t i? HERCULER 3d S§X70-1 LG » FEDERAL TRADE COMMISSION DECISIONS Complaint: .

add We Oke Pa oe - ..c¢ The southern pine tree is the source for many products: maniifactured by Hercules, Rosins, turpentine; and Pine oil are “a few. One of these products, Hercules¢ toxaphene, has protected cotton. from insect pests for more than 20-years, An insecticide has to do its job well to remain 4 best seller that long... . But the cotton srower has a lot more than dependable . cotton insect control 80ing for him when he uses 3 1 11 5 0 0 730 752 722 75 -1 4 1 11 5 1 0 730 752 722 75 -1 5 1 11 5 1 1 730 752 140 38 87.413651 toxaphene.5 1 11 5 1 2 882 764 65 36 96.730644 With5 1 11 5 1 3 957 773 122 26 96.931671 attention5 1 11 5 1 4 1090 786 56 17 96.893166 now5 1 11 5 1 5 1156 782 100 29 91.873322 focused5 1 11 5 1 6 1265 797 32 16 91.873322 on5 1 11 5 1 7 1309 792 40 24 96.375351 thes 1 11 5 1 8 1360 795 92 32 96.325188 “hard”3 1 11 6 0 0 725 794 640 58 -1 4 1 11 6 1 0 725 794 640 58 -1 5 1 11 6 1 1 725 794 127 26 93.450043 pesticides5 1 11 6 1 2 862 797 52 25 96.789505 that5 1 11 6 1 3 922 809 42 16 96.789505 ares 1 11 6 1 4 972 804 130 34 95.438538 suspected5 1 11 6 1 5 1111 815 28 22 96.985840 of5 1 11 6 1 6 1146 820 197 31 79.957367 environmental,5 1 11 6 1 7 1363 848 2 4 32.430786 .3 1 11 7 0 0 722 830 757 64 -1 4 1 11 7 1 0 722 830 757 64 -1 5 1 11 7 1 1 722 830 201 36 95.295639 contamination,5 1 11 7 1 2 933 836 47 30 96.181366 itis5 1 11 7 1 3 989 847 138 32 75.966934 reassuring5 1 11 7 1 4 1137 849 50 25 75.966934 that5 1 11 7 1 5 1199 857 136 35 92.576759 toxaphene5 1 11 7 1 6 1345 862 42 26 96.811874 has5 1 11 7 1 7 1395 868 61 24 96.889824 such5 1 11 7 1 8 1465 878 14 16 96.336746 a3 1 11 8 0 0 718 860 668 53 -1 4 1 11 8 1 0 718 860 668 53 -1 5 1 11 8 1 1 718 860 63 29 73.049683 800d5 1 11 8 1 2 790 866 92 26 96.327644 record,5 1 11 8 1 3 941 896 109 6 39.544174 pa,5 1 11 8 1 4 1286 909 2 2 63.239082 :5 1 11 8 1 5 1368 907 18 6 31.456619 is3 1 11 9 0 0 718 907 670 112 -1 4 1 11 9 1 0 718 907 656 73 -1 5 1 11 9 1 1 718 907 154 37 92.747948 Toxaphene5 1 11 9 1 2 883 917 22 24 96.654724 is5 1 11 9 1 3 915 924 47 21 96.654724 not5 1 11 9 1 4 972 917 174 53 96.716728 biologically5 1 11 9 1 5 1159 932 176 39 92.368614 “persistent”5 1 11 9 1 6 1372 978 2 2 49.447083 ;4 1 11 9 2 0 780 949 581 65 -1 5 1 11 9 2 1 780 949 121 44 96.639885 Hercules5 1 11 9 2 2 909 962 142 36 92.079536 toxaphene5 1 11 9 2 3 1056 969 20 31 96.768089 is5 1 11 9 2 4 1084 971 116 33 96.216911 different5 1 11 9 2 5 1210 977 61 34 96.495819 from5 1 11 9 2 6 1278 983 110 36 28.534988 other.3 1 11 10 0 0 710 983 695 63 -1 4 1 11 10 1 0 710 983 695 63 -1 5 1 11 10 1 1 710 983 151 30 94.049225 insecticides5 1 11 10 1 2 872 990 23 24 92.248390 in5 1 11 10 1 3 905 1001 14 15 92.248390 a5 1 11 10 1 4 929 994 35 30 94.638557 lots 1 11 10 1 5 973 998 28 32 96.788269 of5 1 11 10 1 6 1009 1007 70 26 94.864449 ways.5 1 11 10 1 7 1090 1005 49 24 96.814270 For5 1 11 10 1 8 1147 1012 120 32 94.520767 example,5 1 11 10 1 9 1278 1017 17 23 94.520767 it5 1 11 10 1 10 1306 1019 18 23 96.059372 is5 1 11 10 1 11 1334 1028 71 18 33.769569 not.2 1 12 0 0 0 1369 994 22 51 -1 3 1 12 1 0 0 1369 994 22 51 -1 4 1 12 1 1 0 1369 994 22 51 -1 5 1 12 1 1 1 1369 994 22 51 95.000000 2 1 13 0 0 0 645 999 847 87 -1 3 1 13 1 0 0 645 999 847 87 -1 4 1 13 1 1 0 645 999 847 87 -1 5 1 13 1 1 1 645 999 29 39 55.251690 Pe5 1 13 1 1 2 694 1044 2 2 26.899681 ;5 1 13 1 1 3 707 1012 149 61 95.459068 biologically5 1 13 1 1 4 870 1026 169 43 41.720387 “persistent,”5 1 13 1 1 5 1047 1036 117 38 55.847443 although5 1 13 1 1 6 1175 1046 18 22 55.847443 it5 1 13 1 1 7 1202 1055 45 16 96.974411 cons 1 13 1 1 8 1252 1052 115 34 91.455612 tinues5 1 13 1 1 9 1338 1048 27 45 96.122879 to5 1 13 1 1 10 1375 1055 95 31 87.848404 controls 1 13 1 1 11 1483 1062 9 19 73.119812 |2 1 14 0 0 0 570 1035 56 58 -1 3 1 14 1 0 0 570 1035 56 58 -1 4 1 14 1 1 0 570 1035 56 58 -1 5 1 14 1 1 1 570 1035 56 58 95.000000 2 1 15 0 0 0 697 1051 774 167 -1 3 1 15 1 0 0 696 1051 775 128 -1 4 1 15 1 1 0 704 1051 724 75 -1 5 1 15 1 1 1 704 1051 81 27 96.231644 cotton5 1 15 1 1 2 797 1057 78 26 18.882996 insects 1 15 1 1 3 883 1065 64 27 86.540031 pests5 1 15 1 1 4 958 1066 46 26 96.934753 five5 1 15 1 1 5 1015 1073 24 27 93.152443 to5 1 15 1 1 6 1047 1072 74 26 93.152443 seven5 1 15 1 1 7 1132 1077 58 33 96.452179 days5 1 15 1 1 8 1198 1082 64 25 96.452179 after5 1 15 1 1 9 1270 1084 158 42 81.856056 application:4 1 15 1 2 0 762 1091 709 60 -1 5 1 15 1 2 1 696 1086 46 15 24.142464 mS5 1 15 1 2 2 762 1091 62 23 36.113552 Ands 1 15 1 2 3 835 1097 136 31 93.210571 toxaphene5 1 15 1 2 4 981 1103 59 26 94.161201 does5 1 15 1 2 5 1048 1112 44 20 94.161201 not5 1 15 1 2 6 1101 1109 62 28 96.938507 have5 1 15 1 2 7 1172 1123 15 15 96.778297 a5 1 15 1 2 8 1332 1127 55 20 45.981487 SE5 1 15 1 2 9 1437 1137 34 14 14.399948 tae4 1 15 1 3 0 699 1120 493 63 -1 5 1 15 1 3 1 699 1120 55 33 94.815216 high5 1 15 1 3 2 760 1129 55 28 94.815216 rates 1 15 1 3 3 825 1128 27 23 96.965530 of5 1 15 1 3 4 859 1126 129 43 96.881371 biological5 1 15 1 3 5 999 1140 193 43 96.207962 magnification,3 1 15 2 0 0 697 1155 544 63 -1 4 1 15 2 1 0 697 1155 544 63 -1 5 1 15 2 1 1 697 1155 40 24 96.967400 thes 1 15 2 1 2 748 1161 54 28 77.593307 trait.5 1 15 2 1 3 813 1163 51 25 80.677223 that5 1 15 2 1 4 874 1174 84 20 84.445984 causes5 1 15 2 1 5 967 1181 67 18 95.868042 some5 1 15 2 1 6 1045 1178 154 32 96.277313 insecticides5 1 15 2 1 7 1213 1214 28 4 0.000000 a2 1 16 0 0 0 694 1193 356 42 -1 3 1 16 1 0 0 675 1193 395 46 -1 4 1 16 1 1 0 694 1193 356 42 -1 5 1 16 1 1 1 675 1193 43 20 73.833054 “to5 1 16 1 1 2 727 1198 190 31 67.299835 accumulate5 1 16 1 1 3 891 1189 30 44 67.720215 in5 1 16 1 1 4 928 1211 142 28 0.000000 excessive2 1 17 0 0 0 691 1232 470 46 -1 3 1 17 1 0 0 691 1232 470 46 -1 4 1 17 1 1 0 691 1232 470 46 -1 5 1 17 1 1 1 691 1232 197 27 96.683281 concentrations5 1 17 1 1 2 898 1238 24 23 96.893326 in5 1 17 1 1 3 934 1240 40 25 96.331360 thes 1 17 1 1 4 984 1235 58 49 86.053169 foods 1 17 1 1 5 1053 1239 78 39 67.940994 chain,2 1 18 0 0 0 665 1274 1109 310 -1 3 1 18 1 0 0 665 1274 1109 310 -1 4 1 18 1 1 0 689 1274 1085 99 -1 5 1 18 1 1 1 689 1274 157 39 77.000687 Toxuphene5 1 18 1 1 2 856 1286 22 25 93.420235 is5 1 18 1 1 3 888 1289 165 40 89.091682 non-mobiles 1 18 1 1 4 1066 1331 2 2 13.595612 ;5 1 18 1 1 5 1328 1347 2 2 0.000000 :5 1 18 1 1 6 1472 1354 2 2 41.902100 .5 1 18 1 1 7 1769 1364 5 9 25.956184 :4 1 18 1 2 0 710 1320 477 51 -1 5 1 18 1 2 1 710 1347 2 2 18.687759 ...5 1 18 1 2 2 752 1320 120 35 95.803726 Hercules5 1 18 1 2 3 883 1332 136 31 93.037621 toxaphene5 1 18 1 2 4 1029 1339 77 27 96.396095 shows5 1 18 1 2 5 1116 1344 71 27 77.526825 little.4 1 18 1 3 0 681 1351 476 59 -1 5 1 18 1 3 1 681 1351 143 30 96.611572 inclination5 1 18 1 3 2 836 1364 24 19 94.714630 to5 1 18 1 3 3 871 1357 54 53 94.251724 have5 1 18 1 3 4 937 1357 134 53 32.108124 “mobility5 1 18 1 3 5 1081 1377 23 24 87.905525 in5 1 18 1 3 6 1115 1379 42 25 87.905525 thea 1 18 1 4 0 677 1388 582 56 -1 5 1 18 1 4 1 677 1388 200 36 66.851379 environment”,5 1 18 1 4 2 883 1406 28 15 94.087448 or5 1 18 1 4 3 920 1409 71 18 96.280014 moves 1 18 1 4 4 1001 1413 69 27 96.483727 away5 1 18 1 4 5 1079 1410 60 27 96.197105 from5 1 18 1 4 6 1153 1416 40 24 96.949677 thes 1 18 1 4 7 1202 1427 57 17 96.160446 area4 1 18 1 5 0 674 1419 572 60 -1 5 1 18 1 5 1 674 1419 27 21 96.901207 of5 1 18 1 5 2 708 1422 157 39 79.242836 application,5 1 18 1 5 3 876 1431 150 36 54.674835 Toxaphene5 1 18 1 5 4 1033 1441 64 34 96.939774 stays5 1 18 1 5 5 1106 1446 81 33 96.979752 home,5 1 18 1 5 6 1196 1455 50 22 96.583138 anda 1 18 1 6 0 672 1451 521 55 -1 5 1 18 1 6 1 672 1451 19 24 96.788803 is5 1 18 1 6 2 701 1454 54 25 96.734909 thus5 1 18 1 6 3 766 1459 126 36 83.881790 relatively5 1 18 1 6 4 901 1461 158 45 88.131569 non-inobile,5 1 18 1 6 5 1191 1488 2 3 49.040356 ;4 1 18 1 7 0 739 1491 523 56 -1 5 1 18 1 7 1 739 1491 71 26 96.477318 Some5 1 18 1 7 2 819 1494 89 36 96.744385 peoples 1 18 1 7 3 914 1503 81 33 95.588264 might5 1 18 1 7 4 1004 1516 42 24 95.559784 says 1 18 1 7 5 1055 1512 42 24 95.559784 thes 1 18 1 7 6 1106 1514 54 26 91.168839 lacks 1 18 1 7 7 1170 1519 27 23 96.929413 of5 1 18 1 7 8 1202 1523 60 24 96.745575 such4 1 18 1 8 0 665 1524 630 60 -1 5 1 18 1 8 1 665 1524 135 29 95.562897 Properties5 1 18 1 8 2 811 1530 17 23 79.164810 is5 1 18 1 8 3 838 1531 12 23 95.070541 a5 1 18 1 8 4 862 1533 128 38 73.004501 handicap,5 1 18 1 8 5 1002 1542 20 23 82.466728 F5 1 18 1 8 6 1022 1547 156 34 67.280258 or'instance,5 1 18 1 8 7 1186 1562 49 22 96.813889 you5 1 18 1 8 8 1246 1560 49 24 96.339577 will2 1 19 0 0 0 631 1550 682 69 -1 3 1 19 1 0 0 631 1550 682 69 -1 4 1 19 1 1 0 631 1550 682 69 -1 5 1 19 1 1 1 631 1550 170 35 0.000000 ~Never-find.5 1 19 1 1 2 808 1560 121 44 96.318817 Hercules5 1 19 1 1 3 939 1576 137 32 92.511086 toxaphene5 1 19 1 1 4 1087 1590 191 27 96.322464 recommended5 1 19 1 1 5 1288 1604 25 15 96.952522 as2 1 20 0 0 0 615 1593 700 628 -1 3 1 20 1 0 0 656 1593 659 101 -1 4 1 20 1 1 0 661 1593 654 60 -1 5 1 20 1 1 1 661 1597 13 14 85.974922 a5 1 20 1 1 2 684 1593 44 22 96.544876 soils 1 20 1 1 3 739 1595 142 31 96.953217 insecticides 1 20 1 1 4 892 1608 25 30 95.102524 to5 1 20 1 1 5 926 1607 41 24 95.102524 kills 1 20 1 1 6 977 1613 60 23 96.921967 such5 1 20 1 1 7 1047 1621 64 25 87.539070 pests5 1 20 1 1 8 1120 1628 25 16 88.161247 as5 1 20 1 1 9 1156 1626 109 25 88.161247 termites5 1 20 1 1 10 1273 1638 28 15 88.509789 or5 1 20 1 1 11 1313 1645 2 2 82.757965 .4 1 20 1 2 0 659 1622 618 64 -1 5 1 20 1 2 1 659 1626 153 30 22.097008 Wireworms.5 1 20 1 2 2 823 1622 132 47 96.746597 Persistent5 1 20 1 2 3 965 1645 155 32 96.594315 insecticides5 1 20 1 2 4 1129 1663 41 17 96.267677 ares 1 20 1 2 5 1181 1662 96 24 96.435669 needed4 1 20 1 3 0 656 1658 196 36 -1 5 1 20 1 3 1 656 1658 37 24 96.231033 for5 1 20 1 3 2 700 1665 61 22 94.157585 such5 1 20 1 3 3 770 1674 13 15 94.157585 a5 1 20 1 3 4 795 1670 57 24 83.724670 task,3 1 20 2 0 0 655 1710 562 56 -1 4 1 20 2 1 0 655 1710 562 56 -1 5 1 20 2 1 1 655 1710 160 38 93.019951 Toxaphene5 1 20 2 1 2 824 1722 23 25 95.929672 is5 1 20 2 1 3 855 1721 122 45 95.600464 effective5 1 20 2 1 4 1215 1761 2 2 67.962112 :3 1 20 3 0 0 656 1750 554 62 -1 4 1 20 3 1 0 656 1750 554 62 -1 5 1 20 3 1 1 656 1750 2 2 6.755028 :5 1 20 3 1 2 719 1753 37 46 90.180344 But5 1 20 3 1 3 776 1762 158 33 89.823875 toxaphene’s5 1 20 3 1 4 943 1772 87 34 96.578484 ability5 1 20 3 1 5 1037 1782 27 26 96.758682 to5 1 20 3 1 6 1074 1783 66 29 96.991875 works 1 20 3 1 7 1150 1782 60 28 96.476776 hard3 1 20 4 0 0 647 1785 504 57 -1 4 1 20 4 1 0 647 1785 504 57 -1 5 1 20 4 1 1 647 1785 36 24 96.970261 for5 1 20 4 1 2 693 1790 41 24 85.564552 thes 1 20 4 1 3 744 1792 80 28 82.857780 five'to5 1 20 4 1 4 833 1807 73 18 92.256714 seven5 1 20 4 1 5 917 1804 48 33 96.367195 days 1 20 4 1 6 973 1812 86 27 91.549118 periods 1 20 4 1 7 1069 1813 82 29 91.549118 makes3 1 20 5 0 0 644 1821 432 51 -1 4 1 20 5 1 0 644 1821 432 51 -1 5 1 20 5 1 1 644 1821 19 22 95.496109 it5 1 20 5 1 2 674 1823 62 25 94.334595 ideal5 1 20 5 1 3 745 1827 38 25 94.334595 for5 1 20 5 1 4 792 1832 70 25 95.561699 others 1 20 5 1 5 868 1836 102 31 13.536972 jobs...5 1 20 5 1 6 980 1846 60 23 96.459084 such5 1 20 5 1 7 1050 1856 26 16 96.774712 as3 1 20 6 0 0 641 1861 475 49 -1 4 1 20 6 1 0 641 1861 475 49 -1 5 1 20 6 1 1 641 1861 84 22 91.741722 cotton5 1 20 6 1 2 737 1863 76 27 96.434708 insects 1 20 6 1 3 823 1874 103 23 77.120895 control.5 1 20 6 1 4 937 1877 36 22 96.731438 Or5 1 20 6 1 5 983 1882 25 21 96.130402 to5 1 20 6 1 6 1017 1885 99 25 96.130402 combat3 1 20 7 0 0 638 1891 506 57 -1 4 1 20 7 1 0 638 1891 506 57 -1 5 1 20 7 1 1 638 1891 90 27 96.380463 insects5 1 20 7 1 2 738 1898 51 25 96.870583 that5 1 20 7 1 3 799 1906 82 23 96.290634 attacks 1 20 7 1 4 891 1914 140 28 95.582016 vegetables5 1 20 7 1 5 1041 1919 23 23 96.343353 in5 1 20 7 1 6 1076 1920 68 28 96.754921 fields3 1 20 8 0 0 637 1926 463 65 -1 4 1 20 8 1 0 637 1926 463 65 -1 5 1 20 8 1 1 637 1926 50 25 96.993446 that5 1 20 8 1 2 699 1938 55 25 96.902420 may5 1 20 8 1 3 763 1935 31 24 96.902420 be5 1 20 8 1 4 803 1943 51 20 96.821022 rota5 1 20 8 1 5 859 1943 40 23 95.591080 ted5 1 20 8 1 6 910 1948 24 21 68.867050 to.5 1 20 8 1 7 943 1949 71 25 68.867050 others 1 20 8 1 8 1023 1952 77 39 87.509575 crops,3 1 20 9 0 0 634 1961 486 64 -1 4 1 20 9 1 0 634 1961 486 64 -1 5 1 20 9 1 1 634 1961 36 23 94.268608 Or5 1 20 9 1 2 679 1963 37 24 95.780556 for5 1 20 9 1 3 725 1975 42 17 96.721222 uses 1 20 9 1 4 778 1971 22 23 94.528290 in5 1 20 9 1 5 811 1981 68 19 96.186081 areas5 1 20 9 1 6 889 1980 82 26 96.186081 where5 1 20 9 1 7 980 1981 140 44 96.834770 honeybees3 1 20 10 0 0 630 1995 458 58 -1 4 1 20 10 1 0 630 1995 458 58 -1 5 1 20 10 1 1 630 1995 107 30 94.571747 abound,5 1 20 10 1 2 747 2004 116 37 96.884567 Properly5 1 20 10 1 3 873 2015 65 29 96.793793 used,5 1 20 10 1 4 950 2021 138 32 91.870003 toxaphene3 1 20 11 0 0 628 2031 356 46 -1 4 1 20 11 1 0 628 2031 356 46 -1 5 1 20 11 1 1 628 2031 71 26 95.241791 offers5 1 20 11 1 2 710 2044 57 25 95.725609 very5 1 20 11 1 3 775 2040 64 27 95.739380 little5 1 20 11 1 4 849 2045 89 29 96.999527 hazards 1 20 11 1 5 947 2052 37 25 96.164337 fore 1 20 12 0 0 625 2060 434 60 -1 4 1 20 12 1 0 625 2060 434 60 -1 5 1 20 12 1 1 625 2060 154 45 59.654652 beckéepers,5 1 20 12 1 2 790 2076 121 30 96.469139 Hercules5 1 20 12 1 3 918 2088 141 32 39.793579 ‘toxaphene3 1 20 13 0 0 622 2099 483 56 -1 4 1 20 13 1 0 622 2099 483 56 -1 5 1 20 13 1 1 622 2099 19 22 96.134758 is5 1 20 13 1 2 650 2100 51 25 96.134758 also5 1 20 13 1 3 711 2104 57 27 95.976402 kinds 1 20 13 1 4 779 2113 24 21 96.669266 to5 1 20 13 1 5 814 2121 73 26 96.497223 many5 1 20 13 1 6 895 2120 71 25 96.497223 others 1 20 13 1 7 976 2124 129 31 94.493996 beneficial3 1 20 14 0 0 619 2133 443 61 -1 4 1 20 14 1 0 619 2133 443 61 -1 5 1 20 14 1 1 619 2133 89 28 94.110619 insects5 1 20 14 1 2 719 2140 57 31 94.110619 that,5 1 20 14 1 3 788 2145 24 23 96.736229 in5 1 20 14 1 4 824 2151 64 32 96.943665 turn,5 1 20 14 1 5 898 2152 58 34 96.919800 helps 1 20 14 1 6 967 2160 24 21 96.833878 to5 1 20 14 1 7 1000 2159 62 35 96.753220 keep3 1 20 15 0 0 615 2163 449 58 -1 4 1 20 15 1 0 615 2163 449 58 -1 5 1 20 15 1 1 615 2163 149 44 96.509789 destructive5 1 20 15 1 2 775 2179 88 28 96.010048 insects5 1 20 15 1 3 874 2187 79 25 96.290863 under5 1 20 15 1 4 961 2197 103 24 83.209038 control,2 1 21 0 0 0 773 2316 424 82 -1 3 1 21 1 0 0 773 2316 424 82 -1 4 1 21 1 1 0 846 2316 351 48 -1 5 1 21 1 1 1 846 2316 61 25 96.661949 Likes 1 21 1 1 2 915 2321 125 34 96.808273 Hercules,5 1 21 1 1 3 1052 2333 145 31 91.437202 toxaphene:4 1 21 1 2 0 773 2349 395 49 -1 5 1 21 1 2 1 773 2349 87 25 96.361465 strives5 1 21 1 2 2 871 2355 23 20 89.106087 to5 1 21 1 2 3 904 2354 31 24 85.208252 be5 1 21 1 2 4 944 2365 16 15 85.208252 a5 1 21 1 2 5 967 2362 68 27 2.181030 goods 1 21 1 2 6 1043 2367 125 31 91.686630 neighbor,2 1 22 0 0 0 601 2237 166 132 -1 3 1 22 1 0 0 601 2237 166 132 -1 4 1 22 1 1 0 601 2237 166 132 -1 5 1 22 1 1 1 601 2237 166 132 95.000000 605 Complaint (2) Toxaphene is not a “soft” pesticide, is not non-persistent, is not non-mobile, and can magnify biologically. (3) Use of Toxaphene can and has caused problems of environmental pollution. Labeling affixed to Toxaphene products specifically warns users to protect fish and wildlife by not contaminating streams, lakes, or ponds with the material, and to avoid contamination of food and feed products. Lo :

Therefore, the statements and representations as set forth in Paragraph Six hereof were, and are deceptive. Par. 9. By advertising Toxaphene insecticide in a manner which substantially varies from and disregards instructions for use and warnings in labeling, respondent negates the import and purposes and detracts from the effectiveness of such instructions and warnings. Therefore, the advertisements, other promotional materials, acts or practices referred to in Paragraph Nine above are unfair or deceptive. Par. 10. In the further course and conduct of its business as aforesaid, respondent has advertised Toxaphene and Delnav insecticides, alone and in formulation with other pesticides such as ethyl and methyl parathion, without disclosing in said advertising that such chemical products are hazardous to human health. Knowledge of the hazards associated with the use of such products would enable and encourage consumers to exercise the proper degree of care in using them. Thus, respondents have failed to disclose a material fact which, if known to consumers, would be likely to affect their consideration of whether or not to purchase, and how to properly use such products. Therefore, the aforesaid advertisements, other promotional materials, acts or practices and the aforesaid failure to disclose material facts are deceptive or unfair.

Par. 11. Respondent’s advertising of safety claims regarding pesticides with precautionary labeling is in itself deceptive and has the capacity and tendency to mislead a substantial portion of pesticide users into the erroneous and mistaken belief that they are handling safe products.

Therefore, the aforesaid advertisements, other promotional materials, acts or practices are deceptive or unfair. PAR. 12. In the course and conduct of its business as aforesaid and at all times mentioned herein, respondent has been in substantial competition, in commerce, with corporations, firms and individuals in the sale of insecticide products of the same general kind and nature. Par. 13. The use by respondent of the said deceptive or unfair advertisements, acts or practices has had, and now has, a tendency and capacity to mislead and deceive a substantial portion of the purchasing Decision and Order 84 F.T.C, reason of said erroneous and mistaken belief. Par. 14. The aforesaid acts or practices of respondent, as herein issue herein, a statement that the Signing of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission’s rules; and The Commission having considered the agreement and having provisionally accepted same, and the agreement containing consent order having thereupon been placed on the public record for a period of sixty (60) days, and having duly considered the comments filed thereafter pursuant to Section 2.34(b) of its rules, now in further conformity with makes the following jurisdictional findings, and enters the following order:

1. Respondent Hercules Incorporated is a corporation organized, existing and doing business under and by virtue of the laws of the State of Delaware, with its office and principal place of business located at . Hercules Tower, 910 Market Street, in the city of Wilmington, State of Delaware.

matter of this proceeding and of the respondents, and the proceeding is in the public interest.

605 Decision and Order ORDER I. It is ordered, That respondent, Hercules Incorporated, a corporation, its successors and assigns and respondent’s officers, representatives, agents, and employees, directly or through any corporation, subsidiary, division or other device, in connection with the advertising, offering for sale, or sale or distribution of any insecticide product with precautionary labeling which contains any active insecticidal ingredient(s) presently marketed by respondent or currently being field tested by respondent and which is intended for use by custom applicators and commercial growers to protect animals or food, forage, field or fiber crops by virtue of the capacity of its active ingredient(s) to kill insects (sometimes referred to hereinafter as “such products”), do forthwith cease and desist from:

A. Representing, directly or by implication, by print or broadcast advertising, by other promotional material, or by sales representatives’ oral statements, that such products are absolutely or unqualifiedly safe, non-toxic or free of hazard for any use registered under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (hereinafter FIFRA) or any other approved use based upon evidence filed in connection with registration under FIFRA. B. Representing, directly or by implication, by print or broadcast advertising or by other promotional material, that such products are qualifiedly safe, non-toxic or free of hazard for any use registered under FIFRA or any other approved use based upon evidence filed in connection with registration under FIFRA; Provided However, That factual statements about such products regarding any use registered under FIFRA, any other approved use based upon evidence filed under FIFRA, the level of hazard or toxicity to products or species treated in accordance with such use(s) or residues resulting from such use(s) shall not be prohibited if: (1) respondent prominently and in close conjunction thereto, includes a statement (except in broadcast advertisements not more than 30 seconds in length) denoting the existence of any specific caution or category thereof, other than directions for use (e.g., “Do not apply within 7 days of harvest”), which (a) appears on respondent’s label or labeling for such products; or, (b) in the absence of relevant cautions on respondent’s product labels or labeling, regarding such factual statements, are identified by the Environmental Protection Agency in its “EPA Compendium of Registered Pesticides” or any published supplement thereto; including but not limited to limitations on 575-956 O-LT - 76 - 40 Decision and Order 84 F.T.C.

application due to regional or climatic variations; restrictions on subsequent use of treated crops, animals, or lands; and limitations due to consequent injury of specific species, eg., crop(s), animal(s), fish, bird(s), or beneficial insect(s); where such specific caution is relevant and material and without notice of which said factual statements would be untrue or misleading; and (2) at the time of such representations, 1) such statements do not differ in substance from claims accepted in connection with registration under FIFRA, or 2) ‘in the case of other ‘statements not currently rejected as unsubstantiated in connection with registration under FIFRA, such other statements are substantiated by competent scientific tests or other objective: materials which provide a reasonable basis for the representation(s) made, and the substantiation materials are either (i) available for public inspection or (ii) otherwise available to the FTC to determine compliance with this order; and (3) such factual statements do not use the word “safe,” or any form thereof.

C. Representing, directly or by implication, by print or broadcast advertising or by other promotional material, that such products are relatively or comparatively safe, less toxic or freer of hazard, for any use registered under FIFRA, or any other approved use based upon evidence filed in connection with registration under FIFRA; Provided however, That comparative factual statements about such products regarding any use registered under FIFRA, any other approved use based upon evidence filed under FIFRA, the level of hazard or toxicity to products or species treated in accordance with such use(s), or residues resulting from such use(s) shall not be prohibited if:

(1) such factual statements compare the promoted insecticide with a specifically identifiable insecticide product, product form, or product group; and (2) respondent prominently and in close conjunction thereto, includes a statement (except in broadcast advertisements not more than 30 seconds in length) denoting the existence of any specific caution or category thereof, other than directions for use (e.g., “Do not apply within 7 days of harvest”), which (a) appears on respondent’s label or labeling for such products; or, (b) in the absence of relevant cautions on respondent’s product labels or labeling, regarding such factual statements, are identified by the Environmental Protection Agency in its “EPA 605 Decision and Order Compendium of Registered Pesticides” or any published supplement thereto; including but not limited to limitations on application due to regional or climatic variations; restrictions on subsequent use of treated crops, animals, or lands; and limitations due to consequent injury of specific species, e.g., crop(s), animal(s), fish, bird(s), or beneficial insect(s), where such specific caution is relevant and material and without notice of which said factual statements would be untrue or misleading; and (3) at the time of such representations, 1) such statements do not differ in substance from claims accepted in connection with registration under FIFRA, or 2) in the case of other statements not currently rejected as unsubstantiated in connection with registration under FIFRA, such other statements are substantiated by competent scientific tests or other objective materials which provide a reasonable basis for the representation(s) made, and the substantiation materials are either (i) available for public inspection or (ii) otherwise available to the FTC to determine compliance with this order; and (4) such factual statements do not use the word “safe,” or any: form thereof.

II. With respect to representations not covered by the provisions of Section I of this order, it is ordered that Hercules Incorporated, a corporation, its successors and assigns and respondent’s officers, representatives, agents, and employees, directly or through any corporation, subsidiary; division or other device, in connection with the advertising, offering for sale, or sale or distribution of such products, do forthwith cease and desist from:

A. Representing, directly or by implication, by print or broadeast advertising, by other promotional material, or by sales representatives’ oral statements, that such products are absolutely safe, nontoxie or free of hazard to human beings, warm-blooded animals, birds, fish, beneficial insects, or the environment. B. Representing, directly or by implication, by print or broadcast advertising or by other promotional material, that such products are qualifiedly safe, non-toxic or free of hazard to human beings, warm-blooded animals, birds, fish, beneficial insects, or the environment; Provided however, That factual statements which (i) describe physical, chemical, biological or toxicological characteristics of the promoted insecticide, or (ii) discuss the aforesaid characteristics and their effects on the environment, human beings, warm-blooded animals, fish, birds, or beneficial insects shall not be prohibited if: Decision and Order 84 F.T.C.

(1) the label or labeling for such product(s) contains no relevant and required general or specific warning or caution regarding such characteristics or any effect caused by such characteristics; Provided, nothing in this subsection shall prohibit:

(a) the dissemination of instructions for the proper use of such product(s), or (b) factual statements which reproduce or discuss the substance of or reason(s) for any statement, warning or caution or direction for use found on the label or labeling of the promoted product(s) and are consistent with such statements, warnings, cautions, or directions for use, and (2) such factual statements are true and not misleading under normal circumstances and conditions under which the product could be expected to be used, Provided further, if circumstances and conditions of normal use exist in which said factual statements are untrue or misleading, respondent must describe, prominently and in close conjunction with said factual statements, specific circumstances and conditions for use in which said factual statements are true and not misleading; and (3) at the time of such representations, 1) such statements do not differ in substance from claims accepted in connection with registration under FIFRA, or 2) in the case of other statements not currently rejected as unsubstantiated in connection with registration under FIFRA, such other statements are substantiated by competent scientific tests or other objective materials which provide a reasonable basis for the representation(s) made, and the substantiation materials are either (i) available for public inspection or (ii) otherwise available to the FTC to determine compliance with this order; and (4) respondent discloses, prominently and in close conjunction with any such factual statements concerning human safety (except in broadcast advertisements not more than 30 seconds in length), any toxicological characteristics relating to human safety which are relevant and material and without the disclosure of which said factual statements would be untrue or misleading; and (5) respondent discloses, prominently and in close conjunction with any other such factual statements (except in broadcast advertisements not more than 30 seconds in length), any hazardous collateral effects which are relevant and material Decision and Order and without the disclosure of which said factual statements would be untrue or misleading; and (6) such factual statements do no use the word “safe,” or any form thereof.

C. Representing, directly or by implication, by print or broadcast advertising or by other promotional material, that such products are relatively or comparatively more safe, less toxic or freer of hazard to human beings, warm-blooded animals, birds, fish, beneficial insects, or the environment than any other insecticide product(s); Provided, however, That comparative factual statements which (i) describe physical, chemical, biological or toxicological characteristics of the promoted insecticide or (ii) discuss the aforesaid characteristics and their effect on the environment, human beings, warm-blooded animals, fish, birds, or beneficial insects shall not be prohibited if:

(1) such factual statements compare the promoted insecticide with a specifically identifiable insecticide product, product form, or product group; and (2) such factual statements are true and not misleading under normal circumstances and conditions under which the product could be expected to be used; Provided further, if circumstances and conditions of normal use exist in which said factual statements are untrue or misleading, respondent must describe, prominently and in close conjunction with said factual statements, specific circumstances and conditions of use in which said factual statements are true and not misleading; and (3) at the time of such representations, 1) such statements do not differ in substance from claims accepted in connection with registration under FIFRA, or 2) in the case of other statements not currently rejected as unsubstantiated in connection with registration under FIFRA, such other statements are substantiated by competent scientific tests or other objective materials which provide a reasonable basis for the representation(s) made, and the substantiation materials are either (i) available for public inspection or (ii) otherwise available to the FTC to determine compliance with this Order; and ' (4) respondent discloses, prominently and in close conjunction with any such factual statements concerning human safety (except in broadcast advertisements not more than 30 seconds in length), any toxicological characteristics relating to human safety in regard to which the promoted product is the more toxic and which are relevant and material and without the Decision and Order 84 F.T.C.

disclosure of which said factual statements would be untrue or misleading; and (5) respondent discloses, prominently and in close conjunction with any other such factual statement (except in broadcast advertisements not more than 30 seconds in length), any hazardous collateral effects in regard to which the promoted product is the more hazardous and which are relevant and material and without the disclosure of which said factual statements would be untrue or misleading; and (6) such factual statements do not use the word “safe,” or any form thereof.

D. Representing, directly or by implication, by print or broadcast advertising or by other promotional material, that Toxaphene insecticide, or any product containing Toxaphene insecticide: (1) is “soft;” or (2) is “non-persistent,” “non-mobile” and/or will “not magnify biologically;” Provided, however, That the use of such terms shall not be prohibited if:

(a) accompanied by statements, which clearly and conspicuously and in close conjunction with such terms, fully and accurately explain such terms and the specific context within which such terms are used, and that context reflects a normal circumstance or condition in which the product could be expected to be used; and (b) accompanied by statements which set forth all relevant and material adverse effects on the environment known to result from the uses of such product which are suggested by the claims for the product; and (c) statements concerning such terms are substantiated by competent scientific tests or other objective material which provide a reasonable basis for the representations made, and the substantiation materials are either (i) available for public inspection, or (ii) otherwise available to the Federal Trade Commission to determine compliance with this order; and (d) statements concerning such terms include no conclusory representations, either directly or indirectly or by implication, suggesting that the product is unqualifiedly safe, non-toxic or free of hazard.

Ill. It is further ordered, That respondent, Hercules Incorporated, a corporation, its successors and assigns and respondent’s officers, representatives, agents, and employees, directly or through any corporation, vey eee . 621 605 Decision and Order subsidiary, division or other device, in connection with the advertising, offering for sale, or sale or distribution of such products do forthwith directly or by implication, orally or in writing, or omitting any representations, concerning any such product, which contradict, are inconsistent with, or detract from the effectiveness of any warning, caution or direction for use required to be set forth on the label or labeling of such product. If the representations, directly or by implication, made by respondent, or the omission of representations by respondent, are in accord with the provisions of Sections I, II, and IV of this order, they shall be considered as being in compliance with this Section of the order. IV. It is further ordered, That respondent, Hercules Incorporated, a corporation, its successors and assigns and respondent’s officers, repre- II unless it clearly and conspiciously includes the following statement:

ALL PESTICIDES CAN BE HARMFUL TO HEALTH AND THE ENVIRONMENT IF MISUSED. READ THE LABEL CAREFULLY AND USE ONLY AS DIRECTED.

C. Any broadcast advertisement not more than 30 seconds in length for any such product which contains claims covered by following statement:

ALL PESTICIDES CAN BE HARMFUL. READ THE LA- BEL. USE AS DIRECTED.

Provided, That in television advertisements not more than 10 seconds in length which contain no direction representations conconspicuously” shall in all cases be met by including the above statement in the video portion of the advertisement. Decision and Order 84 F.T.C.

V. It is further ordered, That the provisions of this order shall apply to all advertising (or advertising claims) prepared by respondent, whether or not such advertising is placed or paid for by respondent alone, or by respondent in conjunction with another under a cooperative advertising plan, or otherwise; Provided, however, That Sections I, I, Il] and IV of this order shall not apply to any advertising prepared by the customers of respondent, whether or not respondent makes payment in whole or in part for such advertising under any cooperative advertising plan, or otherwise. Nothing in this Section V shall be construed to extend any provision of this order beyond the specific terms thereof.

Respondent shall, Nevertheless, condition all future payments to customers of insecticide products covered by this order, made in connection with any cooperative advertising plan in which respondent participates, upon said customers’ certification to respondent that they have complied with the standards set forth in Section IV of this order. VI. Nothing in this order, shall be construed to apply to scientific articles published in recognized scientific or agricultural journals or government publications, or reprints thereof, or representations (other than print advertising or other promotional material) before public or governmental forums such as public hearings, scientific meetings, or to governmental agencies, agents, or employees responsible for the regu- Jation or dissemination of information concerning insecticide products covered by this order.

VIL. It is further ordered, That nothing in this order shall prohibit the dissemination of product labels (as defined by Section 2(p)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended), or productions thereof.

VILL. It is further ordered, That this order shall become effective as to broadcast and print advertisements and other promotional material upon service and as to oral representations by sales representatives two months thereafter, except that Sections LB., I-C., ILB., ILC. and Il of this order shall become effective at such time as and to the extent that a Trade Regulation Rule covering the advertising and promotion of products subject to this order, and containing terms at least as onerous as this order, becomes final and effective. Provided, That at all times subsequent to the date this order is served, claims which would be governed by Sections I.B., LC., ILB., or ILC., if said sections were in effect, shall be deemed to be “claims covered by Sections I or II” for purposes of Section IV of this order.

IX. It is further ordered, That should the Federal Trade Commission promulgate a Trade Regulation Rule or Industry Guide governing the “7 warwasseuto, “IKADING COMPANY, ET AL, 623 623 Complaint advertising or promotion of products subject to this order, then any pertinent less comprehensive or less restrictive provisions of such rule or guide shal] automatically replace any comparable provisions set forth herein which are effective on the date that such rule or guide becomes effective.

X. It is further ordered, That the respondent forthwith distribute a copy of this order to each of its operating divisions engaged in the dent responsible for the advertising, promotion, distribution or sale of such products, and to all parties participating in respondent’s cooperative advertising programs for such products. XI. It is further ordered, That the respondent notify the Commission at least thirty (30) days prior to any proposed change in the corporate respondent such as dissolution, assignment or sale, resulting in the emergence of a successor corporation, the creation or dissolution of Subsidiaries or any other changes in the corporation which may affect compliance obligations arising out of this order. XII. It is further ordered, That respondent corporation shall, within sixty (60) days after service upon it of this order, file with the Commis-