Page:United States Statutes at Large Volume 49 Part 1.djvu/1028

 ':4TH CONGRESS. SESS. I. CH. 814. AUGUST 29, 1935. 983 of the percentage of neutral spirits so used and of the name of the commod ity fr om whi ch suc h neut ral sp irits have b een di stille d, or in case of neutral spirits or of gin produced by a process of con- tinuous distillation, the name of the commodity from which dis- tilled ; (4) as will prohibit statements on the label that are dis- To prohfbf t dispar- ag ing statements on paragi ng of a competit or's pro ducts or are fal se, mis leading, obscene , labels. or indecent ; and 5 as will prevent deception of the consumer by ti To pr event dece p- on of consumer use of a trade or brand name that is the name of any living indi- t hro ugh mi sle adi ng vidual of public prominence, or existing private or public organiza- labels. tion, or is a name tha t is in simulati on or is an abb reviatio n thereo f, and as will prevent the use of a graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been indorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization : Pro vid ed, Th at Limitation °n this clause shall not apply to the use of the name of any person cation of clause. engaged in business as a distiller, brewer, rectifier, blender, or other producer, or as an importer, wholesaler, retailer, bottler, or ware- hous eman, of distill ed spiri ts, wine, or mal t bever ages, no r to the use by any person of a trade or brand name used by him or his pred- ecessor in interest prior to the date of the enactment of this Act ; including regulations requiring, at time of release from customs custody, certificates issued by foreign governments covering origin, age, and identity of imported products : Provided further That Lsc of trade nam e or > > brand of foreign origin. nothing herein nor any decision, ruling, or regulation of any Depart- Post, p .1966 . ment of the Government shall deny the right of any person to use any trade name or brand of foreign origin not presently effectively registered in the United States Patent Office which has been used by such person or predecessors in the United States for a period of at least five years last past, if the use of such name or brand is qualified by the name of the locality in the United States in which the product is produced, and, in the case of the use of such name or brand on any label or in any advertisement, if such qualification is as con- spicuous as such name or brand. It shall be unlawful for an person to alter, mutilate destroy Alteration, mutila- f ~ lion, etc ., of mark, etc ., ob literate, or rem ove any mark, br and, or label up on dist illed sp irits, on beverages in filter- -wine, or malt beverages held for sale in interstate or foreign com- merce or after shipment therein, except as authorized by Federal law or except pursuant to regulations of the Administrator author- iz ing re labeli ng for purpo ses of compl iance with t he req uireme nts of this subsection or of State law. In order to prevent the sale or shipment or other introduction of sumponol for con- beverages distilled spirits, wine, or malt beverages in interstate or foreign from customs custody. commerce, if bottled, packaged, or labeled in violation of the P03t ' p' 1966. requirements of this subsection, no bottler, or importer of distilled spir its, win e, or ma lt bever ages, sh all, aft er such date as the Adm in- istrator fixes as the earliest practicable date for the application of the provisions of this subsection to any class of such persons (but not later than March 1, 1936, and only after thirty days' public notice), bottle or remove from customs custody for consumption distilled spirits, wine, or malt beverages, respectively, unless the rr°hfbftedunlessap- proved certificate of bottler or importer, upon application to the Administrator, has label issued. obtained and has in his possession a certificate of label approval covering the distilled spirits, wine, or malt beverages, issued by the Administrator in such manner and form as he shall by regulations prescribe : Provided, That any such bottler shall be exempt from the P tios X n when requirements of this subsection if the bottler, upon application to beverage not for ship- th e Admi nistra tor, s hows t o the satisf action of th e Admi nistra tor meat'