Consumer Law Library

Atlantic & Pacific Tea Company, Inc., the Great

Volume 85 · 85 F.T.C. 601

Citation
85 F.T.C. 601
Docket
8916
Complaint
1973-02-16
Decision
1975-03-25
Document type
final order
Case type
consumer protection
Statutes
FTC Act (section 5)
Industry
supermarket chains
Outcome
cease and desist
Relief
cease_and_desist
Commission counsel
Michael C. McCarey, Joel P. Bennett and Rosalind A. Lazarus
Respondent counsel
Donald J. Mulvihill, Cahill , Gordon Reindel Wash., D
Source
Original volume PDF
Original PDF
This decision as a PDF

deceptive advertisingbait and switch

Cite this decision

Atlantic & Pacific Tea Company, Inc., the Great, 85 F.T.C. 601 (1975). Consumer Law Library, https://consumerlawlibrary.org/decisions/v085-0075

Report an error in this record (decision id v085-0075)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

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

IN Tile MATTER OF THE GREAT ATLANTIC & PACIFIC TEA COMPANY INC.

ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF FEDERAL TRADE COMMISSION ACT Docket 8916. Complaint, Feb. , 197.'1 - Final Order, Ma1', ZS, 1975 Order requiring one of the nation s two largest supermarket chains, headquartered in Montvale, N.J" among other things to have advertised items readily available for sale at or below advertised prices, Appearances For the Commission: Michael C. McCarey, Joel P. Bennett and Rosalind A. Lazarus.

For the respondent: Donald J. Mulvihill, Cahill, Gordon Reindel Wash., D.

COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the authority vested in it by that Act, the Federal Trade Commission, having reason to believe that The Great Atlantic & Pacific Tea Company, Inc., a corporation, hereinafter sometimes referred to as respondent, has violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereto would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH I. Respondent The Great Atlantic & Pacific Tea ::11;- 11 - 3 601 Complaint text of the order requires substantiation for only two classes of claims: (1) those that deal with ability of a Crown product to reduce motor vehicle exhaust, and (2) claims regarding a "quality, performance abilty or other characteristic" of a gasoline or gasoline additive product. Requiring supporting scientific tests these two categories of claims is reasonably related to the violation found. Respondent' avowed concern that it wil have to conduct scientific tests before mentioning even the "price" or "availabilty" of its gasoline in advertisements is misplaced. References to price and availabilty of its products are not quality or performance "characteristics" under the order.

It is ordered That the aforesaid petition be, and it hereby is, denied.

← 85 F.T.C. 600 · 85 F.T.C. 601 →