Page:Federal Trade Commission Decisions - Vol. 13.djvu/108

88 Rh Since October, 1906, and until the year 1928, respondent generally used the label carrying the words:

ONE GALLON

GRAPICOIMITATION

GRAPE CONCENTRATE

ARTIFICIALLY FLAVORED AND COLORED

The printed word “Grapico” on this label is several times the size of the printed words “Artificially Flavored and Colored” and the words “Grape Concentrate” are approximately four times as large as the word “imitation.” This label was used by respondent on its bottles in which it shipped “Grapico” concentrate in interstate commerce.

In 1928 the respondent learned of an investigation being carried on by the Federal Trade Commission. It then adopted and is now using the following label on bottles containing “Grapico” concentrate:

IMITATION

GRAPE CONCENTRATE SYRUP

ARTIFICIALLY FLAVORED AND COLORED

The words “Grape concentrate syrup” appearing on this label are about five times as large as the words “Artificially flavored and colored” and about three times as large as the word “imitation.”

When Grapico was shipped in barrels by respondent, prior to October, 1926, the following words were stenciled upon the same:

IMITATION

GRAPE SYRUP

GRAPICO

NATURALLY GOOD

SYRUP

Pan-American Manufacturing Company Mfg.

New Orleans, Louisiana.

At times, the word “Grapico,” standing alone, has been stenciled on Grapico syrup which was shipped to respondent’s customers residing outside the State of Louisiana.

In the month of July, 1927, one R. R. Rochelle, a customer of respondent who makes a beverage from “Grapico” concentrate and sells the same under the name “Grapico” and who conducts his bottling business under the name and style of Grapico Bottling Works at Birmingham, Ala., caused to be erected at the State fairgrounds in said city, a stand or booth from which he dispensed and sold the finished beverage “Grapico” during said fair time of said