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1
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DECISION & ORDER
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EXTRACTED KEY WORDS
COMMISSION REPRESENTATION COMPLAINT DRUG FEDERAL TRADE COMMISSION TRADE COMMISSION ACT RELIABLE SCIENTIFIC EVIDENCE SALE VIOLATION OFFICERS DIRECTORS AGREEMENT OVER-THE-COUNTER COMPETENT SUCCESSORS TERMINATE MANNER AGENTS SUBSIDIARIES ADVERTISING AFFECTING COMMERCE APPEALING JURISDICTIONAL FACTS PURPOSES MATTER YORK PRINCIPALS EXTRA STRENGTH |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
COMMISSIONERS:
Robert Pitofsky, Chairman
Mary L. Azcuenaga
Janet D. Steiger
Roscoe B. Starek, III
Christine A. Varney
__________________________________________ )
In the Matter of ) DOCKET NO. C-3684
)
JORDAN, McGRATH, CASE & TAYLOR, ) DECISION AND ORDER
a corporation. ))
__________________________________________)
The Federal Trade Commission, having initiated an investigation of certain acts and
practices of the respondent named in the caption hereof, and the respondent having been
furnished thereafter with a copy of a draft of the complaint which the Bureau of Consumer
Protection proposed to present to the Commission for its consideration and which, if issued by
the Commission, would charge respondent with violation of the Federal Trade Commission Act;
and
The respondent and counsel for the Commission having thereafter executed an agreement
containing a consent order, an admission by the respondent of all the jurisdictional facts set forth
in the aforesaid draft of complaint, a statement that the signing of said agreement is for
settlement purposes only and does not constitute an admission by respondent that the law has
been violated as alleged in such complaint, or that the facts as alleged in such complaint, other
than jurisdictional facts, are true, and waivers and other provisions as required by the
Commission's Rules; and
The Commission having thereafter considered the matter and having determined that it
had reason to believe that the respondent has violated the said Act, and that a complaint should
issue stating its charges in that respect, and having thereupon accepted the executed consent
agreement and placed such agreement on the public record for a period of sixty (60) days, now in
further conformity with the procedure described in § 2.34 of its Rules, the Commission hereby
issues its complaint, makes the following jurisdictional findings and enters the following order:
1. Respondent Jordan, McGrath, Case & Taylor, Inc., is a corporation organized,
existing, and doing business under and by virtue of the laws of the State of New York with its
office and principal place of business at 445 Park Avenue, New York, New York 10022.
2. The Federal Trade Commission has jurisdiction of the subject matter of this
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2
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CONSENT AGREEMENT
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EXTRACTED KEY WORDS
COMMISSION REPRESENTATION COMPLAINT FEDERAL TRADE COMMISSION DRUG ANALGESICS ADVERTISEMENTS AGREEMENT PARAGRAPH ACT JORDAN MCGRATH SUBSTANTIATES PAIN TAYLOR OFFICERS ACCEPTANCE RELIABLE SCIENTIFIC EVIDENCE DIRECTORS SALE RELIEVING PRACTICES ALLEGES YORK VIOLATION COMMERCE POSSESSES REASON EXHIBITS |
B198007
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
__________________________________________ )
In the Matter of ) File No. 962-3053
)
JORDAN, McGRATH, CASE & TAYLOR, ) AGREEMENT CONTAINING
a corporation. ) CONSENT ORDER TO
) CEASE AND DESIST
__________________________________________)
The Federal Trade Commission, having initiated an investigation of certain acts and
practices of Jordan, McGrath, Case & Taylor, Inc., a corporation (hereinafter sometimes referred
to as "proposed respondent"), and it now appearing that proposed respondent is willing to enter
into an agreement containing an order to cease and desist from the use of the acts and practices
being investigated,
IT IS HEREBY AGREED by and between Jordan, McGrath, Case & Taylor, Inc., by its
duly authorized officer, and counsel for the Federal Trade Commission that:
1. Proposed respondent Jordan, McGrath, Case & Taylor, Inc., is a corporation organized,
existing, and doing business under and by virtue of the laws of the State of New York with its
office and principal place of business at 445 Park Avenue, New York, New York 10022.
2. Proposed respondent admits all the jurisdictional facts set forth in the draft
complaint attached hereto.
3. Proposed respondent waives:
(a) Any further procedural steps;
(b) The requirement that the Commission's decision contain a statement of
findings of fact and conclusions of law; and
(c) All rights to seek judicial review or otherwise to challenge or contest the
validity of the order entered pursuant to this agreement.
4. This agreement shall not become part of the public record of the proceeding
unless and until it is accepted by the Commission. If this agreement is accepted by the
Commission, it, together with the draft of complaint contemplated thereby, will be placed on the
1 of 6
public record for a period of sixty (60) days and information in respect thereto publicly released.
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3
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COMPLAINT
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EXTRACTED KEY WORDS
RESPONDENT FEDERAL TRADE COMMISSION ADVERTISEMENTS REPRESENTATION TRADE COMMISSION ACT EXHIBITS ANALGESIC PRODUCTS DEPICTIONS RELIEVES COMPLAINT PAIN REPRESENTATION SET REASON ALLEGES YORK DISSEMINATED ADVERTISEMENTS PRACTICES AFFECTING COMMERCE BAYER ALEVE ADVIL TYLENOL SUPERSCRIPT MUSCLES HURTS INGREDIENT PACKAGE TELEVISION IMPLICATION |
UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION
__________________________________________ )
In the Matter of ))
JORDAN, McGRATH, CASE & TAYLOR, ) DOCKET NO. C-3684
a corporation. )
__________________________________________)
COMPLAINT
The Federal Trade Commission, having reason to believe that Jordan, McGrath, Case &
Taylor, Inc., a corporation ("respondent"), has violated the provisions of the Federal Trade
Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof
would be in the public interest, alleges:
PARAGRAPH ONE: Respondent Jordan, McGrath, Case & Taylor, Inc., is a New York
corporation with its principal office or place of business at 445 Park Avenue, New York, New
York 10022.
PARAGRAPH TWO: Respondent, at all times relevant to this complaint, was an
advertising agency of Ciba-Geigy Corporation or CIBA Self-Medication, Inc., and prepared and
disseminated advertisements to promote the sale of Doan's analgesic products. Doan's analgesic
products are "drugs" within the meaning of Sections 12 and 15 of the Federal Trade Commission
Act.
PARAGRAPH THREE: The acts and practices of respondent alleged in this complaint
have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade
Commission Act.
PARAGRAPH FOUR: Respondent has disseminated or caused to be disseminated
advertisements for Doan's analgesic products, including, but not necessarily limited to, the
attached Exhibits A and B. These advertisements contain the following statements and
depictions:
A. If nothing seems to help, try Doan's. It relieves back pain no matter where
it hurts. Doan's has an ingredient these pain relievers don't have.
[Depiction of large package of Doan's in front of smaller packages of
Bayer, Aleve, Advil, and Tylenol]. [Superscript: Magnesium Salicylate].
Doan's. The Back Specialist. [Superscript: The Back Specialist]
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