Tobacco Documents Online

t i 1. UNITED STATES' OF AMERICA BEFORE FEDERAL TRADE COMMISSION COMMISSIODIERS': Lowell B. Mason, Acting Chairman William A. Ayres John Carson~ James M. Mead In the Matter of / DOCKET No. 4922 P. LORILLARD COMPANY, a corporation MODIFIED ORDER TO CEASE AND DESIST This proceeding was heard by the Federal `1'rade' Commis- sion upon the complaint, answer of the respondents, testimony and other evidence taken before trial examiners of the Com- mission theretofore duly designated by it, recommended deci- sion of the trial examiner and exceptions filod therem by coun- sel SllDDa_r[in th P rnrr,nl _ ----~~.''

2 for modifying said ord'er to cease and desist; and~ the Commis- sion having considered such additional proposals and having rejected same for the reason that an order to cease and desist embodying such proposals would not adequatelly protect the public against a continuation or resumption of the practices found to be unfair and deceptive, and being of the opinion that the order to cease and desist heretofore issued in this proceeding should be modified' in the respects set forth: in said'l rule to show cause: Now, THEREFORE, IT IS o1MExEV that said order to cease and desistbe, and the same hereby is, modified to read~ as fol- lows: "IT IS oPJ)E-anv that tlie respondent, P. Lorillard Company, a corporation, and its officers, representatives, agents, and em- ployees; directly or through any corporate or other device, in or in connection with the offering for sale, sale, and distribu- tion in commerce, as ` comrnerce" is defined in the Federal Trade Commission~ Act, of its products Beech-Nut cigarettes,. Sensation cigarettes, Old GoU cigarettes, and Friends smoking tobacco, do forthwith cease and desist from representing by any means, directly or indirectly._ "(1)1 That~ Beech-Nut cigarettes, or any other cigarette composed of substantially the same blend of tobaccos, or the smoke therefrom, will not harm or irritate the throat;, or will provide any defense against throat irritation; or that the extra length of Be.ech-Nut cigarettes, or of any other cigarette of substantially the same length, will filter out or eliminate the harmful properties in the smoke from such cigarettes or will cause the smoke from such cigarettes to be cooler than the smoke from cigarettes of standard length; provided, however, that nothing herein shall be construed to prohibit the respondent from representing that during the time the extra: of any such cigarette is being smoked the smoke therefrom will contain less irritating properties and will be cooler than the smoke from standard length cigarettes;

"(2) That Sensation cigarettes, or any, other cigarettee composed of substantially the same blend of tobaccos, aree made of extra-choice imported and domestic tobaccos, or are top quality cigarettes, or are made from the finest to- bacco that~ can be bought; "(3) That Old Gold cigarettes or the smoke therefrom contains less nicotine„ or less tars and resins, or is less irri- tating to the throat~ than the cigarettes or the smoke there- from of any of the six other lieading brands of cigarettes; or "(4) That Friend's smoking tobacco, or any other smok- ing, tobacco manufactured in substantially the same man- ner, is rum-cured, or that the process by which a rum flavor- ing is addedl to such tobacco enriches the tobacco or causes the smoke therefrom to be any less irritating m the throat or any cooler than if such rum flavoring were not added; or that the smoke from~ Friends smoking tobacco, or from any other smoking tobacco composed of substantially the same blend of tobaccos, will not'~ irritate the mouth or throat of a smoker, or is cool, or is free from bite, burn, or harsh- ness. . "IT IS FURTHER ORDEREID that respondent shall, within sixty (60) days after service upon it of this order, file with the Com- mission a report in writing, setting forth in detail the manner and form in which it has complied with this order." By the Commission. /s/ D. C. DANIEL D. C. Daniel, Secretary. ISSUED: May 24, 1950