Page:Federal Trade Commission Decisions - Vol. 13.djvu/105

Rh 84 of such act, prohibiting the use of unfair methods of competition in interstate commerce.

Respondent, as charged, engaged as above set forth, in advertising its said products in publications of general circulation throughout various States, under its said trade name “Grapico.” and in other advertising matter which it circulates in interstate commerce, displays pictures or designs of grape vineyards, bunches of grapes, and similar pictorial representations, together with the qualifying statements:

Sparkling Grapico Naturally Good Acknowledged The Best Grape Drink On The Market Sparkling Grapico Naturally Good The Drink of The Nation

and also with numerous other similar statements in connection with its said trade name or brand, tending to and directly asserting or clearly importing or implying “to a substantial part of the purchasing public that said product is composed in whole or in part of the juice of the grape, when in truth and in fact said product is not made from juice of the grape or the fruit of the same.”

Respondent further, as charged, markets its aforesaid products in bottles with molded labels featuring prominently a pictorial representation of a bunch of grapes, together with its said trade name or brand “Grapico,” said use of grapes as a bottle mold or label and of such trade name or brand “Grapico,” as alleged, either independently, or in conjunction with one another, and particularly with the product in question, artificially colored and flavored to simulate the appearance, taste and smell of grape juice, tending to and directly asserting or clearly importing and implying that the product in question is composed of pure grape juice.

The use by respondent, as charged, of its said trade name or brand “Grapico,” in connection with its aforesaid artificially colored and flavored product, “has the capacity and tendency to mislead and deceive the purchasing public into the erroneous belief that such product is made of the juice of the grape or the fruit of the same, and said purchasing public buys respondent’s product on the 24925°—31—vol. 13—7