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FEDERAL REGISTER, Thursday, January 28, 1943
Docket No. 4834
report of the trial examiner upon the evi dence, and brief in support of the com P art 3D igest of Cease and D esist plaint no brief having been filed by re O rders spondent and oral argument not having MONO SERVICE COMPANY
been requested; and the Commission 3.99 a Using or selling lottery de having made its findings as to the facts and its conclusion that the respondent viceDevices for lottery selling. In connection with offer, etc., in commerce, has violated the provisions of the Federal of ice cream cups or other similar con Trade Commission Act;
tainers, 1 selling, etc., to jobbers or It is ordered, That the respondent, wholesale dealers or to retail dealers di Arthur H. Ferber, individually and trad rect, ice cream cups, or other similar ing as The Ferbo Co., or trading under containers, so printed or assembled that any other name, and his agents, repre sales of ice cream or other merchandise sentatives and employees, directly or to the general public, when packed in through any corporate or other device, in said cups or other similar containers, are connection with the offering for sale, sale to be made or, due to the manner in or distribution of respondents food fla which such cups or other similar con voring product designated as French tainers are printed and assembled at the Tang Vanilla Flavor and as Sun-Cutime they are sold by respondent, may be made by means of a game of chance, Nilla, or any other product of substan gift enterprise, or lottery scheme; 2
tially similar composition, whether sold packing or assembling cup lids in pack under the same names or under any ages or assortments of ice cream cups or other name, do forthwith cease and de<- other similar containers for sale with sist from directly or indirectly;
ice cream or other merchandise to the 1. Disseminating or causing to be dis public at retail, which cup lids are seminated any advertisement by means printed for use, or which may be used, in of the United States mails, or by any distributing or selling ice cream cups or means in commerce, as commerce is other similar containers together with defined in the .Federal Trade Commission ice cream or other merchandise by means of a lottery scheme, game of Act, which advertisement chance, or gift enterprise; and 3 furn a Uses the term vanilla, "vanilla ishing retail or wholesale dealers or flavor, or vanilla flavoring, or any jobbers,tocup lids or containers, some of other term of similar import, to desig which are so printed as to be used in nate or describe respondents product, distributing extra cups or containers of unless such term is immediately pre ice cream or other merchandise to pur-, ceded by the word Imitation In equally chasers of cups or containers containing ice cream or other merchandise when conspicuous type; or b Represents in any manner or by the distribution of such extra nips or any. means that respondents product is containers is determined by lot or chance; prohibited. Sec. 5,38 Stat. 719, genuine vanilla extract or flavoring.
as amended by sec. 3, 52 Stat. 112; 15
2. Disseminating or causing to be dis U.S.C., sec. 45b Cease and desist seminated any advertisement by any order, Memo Service Company, Docket means for the purpose of inducing or 4834, January 19, 19431
which is likely to induce, directly or in At a regular session of the Federal directly, the purchase in commerce, as Trade Commission, held at its office in commerce is defined in the Federal the City of Washington, D. C., on the Trade Commission Act, of respondents 19th day of January, A. D. 1943.
This proceeding having been heard by product, which advertisement contains the Federal Trade Commission upon the any representation prohibited in para complaint of the Commission and the graph 1 hereof.
answer of respondent, in which answer It is further ordered, That the re respondent admits all the material alle spondent shall, within sixty 60 days gations of fact set forth In said complaint after service upon him of this order, file and states that it waives all intervening with the Commission a report in writing, procedure and further hearing as to said facts, and the Commission having made setting forth in detail the manner and its findings as to the facts and conclusion form in which he has complied with this that said respondent has violated the order.
provisions of the Federal Trade Commis sion Act:
By the Commission.
It is ordered, That the respondent, seal O tis B. J ohnson , Mono Service Company, a corporation, Secretary.
its officers, representatives, agents and employees, directly or through any cor F. R Doc. 43-1404; Filed, January 27, 1943;
10:57 a. m.
porate or other device in connection with
the offering for sale, sale and distribu tion of ice cream cups or other similar containers in commerce as commerce is defined in the Federal Trade Commis sion Act, do forthwith cease and desist from;
1 Selling or distributing to jobbers or wholesale dealers or to retail dealers di rect, ice cream cups, or other similar con tainers, so printed or assembled that sales of ice cream or other merchandise to the general public, when packed in said cups or other similar containers, are to be made or, due to the manner in which such cups or other similar containers are printed and assembled a t the time they are sold by respondent, may be made by means of a game of chance, gift enter prise, or lottery scheme;
2 Packing or assembling cup lids in packages or assortments of ice cream cups or other similar containers for sale with ice cream or mother merchandise to the public at retail, which cup lids are printed for use, or which may be used, in distributing or selling ice cream cups or other similar containers together with ice cream or other merchandise by means of a lottery scheme, game of chance, or gift enterprise;
3 Furnishing to retail or wholesale dealers or jobbers, cup lids or containers, some of which are so printed as to be used in distributing extra cups or con tainers of ice cream or other merchandise to purchasers of cups or containers con taining ice cream or other merchandise when the distribution of such extra cups or containers is determined by lot or chance.
It is further ordered, That the respond ent, Mono Service Company, a corpora tion, shall, within 60 days after service upon it of this order, file with the Com mission a report in writing, setting forth in detail toe manner and form hi which it has complied with the order to cease and desist hereinabove set forth.
By toe Commission.
seal
O tis B. J ohnson , Secretary.
F. A. Doe. 43-1402; Filed, January 27, 1943;
10:56 a.m .
Docket No. 4845
P art 3 D igest of Cease and D esist O rders THE LEONARD CUSTOM TAILORS CO. ETC.

3.6 a Advertising falsely or mis leadinglyBusiness status, advantages or connections of advertiserUnique status or advantages: 3.6 m 10 Ad vertising falsely or misleadinglyManu facture or preparation: 3.6 ff 10 Ad vertising falsely or -misleadinglyUnique nature or advantages. In connection with offer, etc., in commerce, of mens