Page:Federal Trade Commission Decisions - Vol. 13.djvu/106

86 Rh strength of such misleading and deceptive trade name or brand,” and respondent’s said advertising matter, bottle mold, or label, and trade name or brand, whether used independently or in connection with one another “are calculated to and do have the effect of stifling and suppressing competition in the sale of beverages made in whole or in part from the juice of the grape or the fruit of the same, and further in diverting trade from truthfully marked goods”; to the prejudice of the public and of respondent’s competitors of which there are a considerable number engaged in the manufacture and sale of beverages composed in whole or in part of the juice of the grape or fruit thereof.

Upon the foregoing complaint, the Commission made the following

Pursuant to the provisions of an act of Congress approved September 26, 1914, the Federal Trade Commission issued and served a complaint upon the respondent, Pan-American Manufacturing Co., Inc., charging it with the use of unfair methods of competition in commerce, in violation of the provisions of section 5 of said act.

Thereupon respondent entered its appearance and filed its answer to the complaint, and formal hearings were had thereon before an examiner of the Commission theretofore duly appointed, and testimony and evidence were offered and received, and duly recorded and filed in the office of the Commission; thereafter the proceeding regularly came on for hearing before the Commission on such complaint and answer, and on testimony and evidence, and the report of the examiner, and on the briefs of counsel (counsel for respondent did not appear at the time fixed for oral argument), and the Commission duly considered the same and now makes this report in writing and states its findings as to the facts and conclusion as follows:

The respondent, Pan-American Manufacturing Co., Inc., is a Louisiana corporation, with its principal place of business in the city of New Orleans, in said State. It was incorporated in the year 1911.

Respondent manufactures at its plant in the said city of New Orleans, extracts, ice cream powder, sirups, and various flavors for soft drinks.

Since May 14, 1926, it has been manufacturing and selling in interstate commerce, a concentrate under the name of “Grapico.”