While Mr. Willis is engaged in all of these activities, his primary job is, of course, that of president of GMA, where he works with the executives of more than 300 of the leading food and grocery manufacturing firms who supply many of the well-known products on grocery shelves. He is well acquainted with the Nation's leaders in agriculture, grocery distribution, Government, and is in a favorable position to discuss common problems freely and frankly with them. A spokesman for the food industry, his articles appear regularly in many publications, and he is frequently requested to air his views on food over the radio and television networks. LAWRENCE H. ZAHN Residence: 21 Rotary Drive, Summit, N.J. Born: April 17, 1913, Hasbrouck Heights, N.J. Married: Blanche A. Phillips of Back Bay, Boston, Mass. Present position: Director, purchasing and package development division, CIBA Pharmaceutical Co., division of CIBA Corp. Total of 19 years at CIBA as industrial engineer, manager of package development and now director of purchasing. Education: Mechanical engineer, Stevens Institute of Technology. Past business affiliations: Simmons Co., Elizabeth, N.J.; Johnson & Johnson (personal products division), New Brunswick, N.J. Served as Deputy Director, Containers and Packaging Division, BDSA, U.S. Department of Commerce for 6 months in 1957. Professional activities: Former president, 1960-62, of Packaging Institute, Inc., New York, N.Y. Former vice president, Packaging Institute (technical operations committee); former chairman of the drug and pharmaceutical committee, Packaging Institute, Inc.; former chairman of the production and engineering section of the Pharmaceutical Manufacturers Association, Washington, D.C.; former chairman of the public relations committee of the New Jersey Chapter of the National Association of Purchasing Agents; former member of committee for economic development, industry finance committee representing the pharmaceutical industry; member of the 10-man committee of designers and industrial package development men, Package Designers Council; member of advisory committee to the School of Packaging of Michigan State University; member of the board of trustees, packaging foundation, Michigan State University. Articles written: "Six Months in Washington," appeared in the autumn 1958, CIBA Journal. "Six Days Behind the Curtain-With a New Jersey Businessman," appeared in January 1960 issue of "New Jersey Business." ADDITIONAL EXHIBITS Hon. PHILIP A. HART, THE PROCTER & GAMBLE CO., DEAR SENATOR HART: This is to correct what may have been a misunderstanding in my March 13, 1963, testimony on S. 387. I stated that it is the present policy of our company to place the net content declaration on the front panel of our cake mix packages. In the course of my testimony a discussion developed concerned the extent to which this policy had been put into practice, and I indicated that I thought the change was complete. After testifying, I began to think my testimony may have been too broad, and I had it reviewed by our manufacturing people. I find that all purchases of cake mix cartons for use by any of our food plants do specify the net weight statement on the front panel. I have also been advised that, in the case of virtually all of the cake mix products now being produced at our plants, these new cartons are being used. However, one or two of our cake mix flavors have not moved as rapidly as anticipated, so that an inventory of old cartons still remains for these particular mixes. We will, of course, use the new cartons for these brands as soon as the present stock is consumed. I wanted to advise you of this situation so that there may be no misunderstanding of the testimony. May I again say that I appreciated the consideration your committee gave to Mr. Pleasants and me, and I sincerely hope that our testimony will be of assistance to the committee. DEAR CHAIRMAN: I am enclosing the originals of two self-explanatory letters addressed to me by Mr. W. E. Tyler, secretary of the New York State Canners & Freezers Association, Inc., concerning the above bill. It would be deeply appreciated if these could be made part of the record of proceedings on S. 387. With kind regards, Very sincerely yours, KENNETH B. KEATING. NEW YORK STATE CANNERS & FREEZERS ASSOCIATION, INC., Senator KENNETH B. KEATING, DEAR SENATOR KEATING: Thank you for your reply of April 29, 1963, to my letter regarding S. 387. In behalf of this association, we would appreciate your efforts to have my letter of April 15, 1963, to you inserted in the record of proceedings on this bill. We also call your attention to the statement of Milan D. Smith, executive vice president of the National Canners Association, Washington, D.C., made before the subcommittee on the packaging and labeling bill. We heartily endorse Mr. Smith's statement as reflecting our own views. Sincerely, W. D. TYLER, Secretary. NEW YORK STATE CANNERS & FREEZERS ASSOCIATION, INC., Senator KENNETH B. KEATING, DEAR SENATOR KEATING: It has come to my attention that you have been placed on the Antitrust and Monopoly Subcommittee of the Judiciary Committee. I compliment you for this appointment to an important committee. It is my understanding that your committee will hold hearings on April 23 through 26 on the packaging and labeling legislation which is known as the Hart bill. It occurs to me that, out of fairness to both you and the many food processors in your district, I should inform you as to our position on this legislation. In its present form, S. 387 would create new and comprehensive administrative authority to issue new regulations controlling in detail the packaging and labeling of all consumer commodities. For all foods, drugs, and cosmetics, the new regulatory authority would be given to the Food and Drug Administration. For all other consumer commodities the power to issue regulations would be given to the Federal Trade Commission. One section of the bill directs the promulgation of general regulations applicable to all consumer commodities. These regulations would (1) require that the net contents be stated on the front panel of every label, and specify the size, style of type, and location; (2) prohibit the addition of all qualifying words or phrases to a net contents statement; (3) prohibit the use of statements which imply a saving on the retail price of the package, such as "cents off" or "economy size"; (4) prohibit deceptive pictorial matter on labels. In addition to these general regulations the FDA could also issue more specific regulations for particular products that would (1) establish weights or quantities in which a commodity shall be packed; (2) prevent the sale of packages and sizes, shapes, or dimensions which may deceive purchasers; (3) establish standards of designation of size which may be used to describe the contents of packages; (4) establish serving sizes; (5) require additional label information with respect to ingredients. Although it is intended that the general regulations would be the same for all consumer commodities, violation of the regulations by foods, drugs, and cosmetics would subject the packer or distributor to criminal penalties, injunction, or seizure of the product. Other consumer commodities in violation of the regulations would be subject only to a cease-and-desist order. The procedures for adopting the comprehensive packaging and labeling regulations contain virtually no safeguards against arbitrary administrative action. There is no requirement that a hearing be held or that the regulations be based upon finding of fact or substantial evidence. The bill contains a provision that would make it extremely difficult to overturn State packaging and labeling requirements that differ from Federal requirements. Our association, representing 95 food processors, are in opposition to S. 387 on the ground that it (1) unnecessarily duplicates many provisions of the Federal Food, Drug, and Cosmetic Act, (2) authorizes the adoption of regulations that in many respects go far beyond the adequate provisions of the Food, Drug, and Cosmetic Act, (3) vests unprecedented authority in administrative agencies to regulate the food industry subject to no procedural safeguards, (4) authorizes the use of criminal penalties to enforce wholly amorphous and nebulous labeling concepts, and (5) encourages the proliferation of differing State packaging and labeling requirements. Our industry may be justly proud of its performance in supplying consumers with nutritious foods in the style and sizes they desire, and with considerable variety, and at a low price. We feel strongly that we are already controlled on the essential points indicated by the Government and that further controls would not only serve no useful purpose but would be a harassment and unnecessary burden. We trust that in your deliberations you will give our views as herein expressed serious consideration. Sincerely, W. D. TYLER, Secretary. PACKAGING AND LABELING LEGISLATION HEARINGS BEFORE THE SUBCOMMITTEE ON ANTITRUST AND MONOPOLY OF THE COMMITTEE ON THE JUDICIARY EIGHTY-EIGHTH CONGRESS FIRST SESSION PURSUANT TO S. Res. 56 ON S. 387 TO AMEND THE CLAYTON ACT TO PROHIBIT RESTRAINTS STANFORD JUN 1963 UNIVERSIT APRIL 24, 25, 26, 1963 PART 2 196Printed for the use of the Committee on the Judiciary GOV'T DOCUMENT DIVISION 97158 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1963 For sale by the Superintendent of Documents, U.S. Government Printing Office |