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TO AMEND THE CLAYTON ACT TO PROHIBIT RESTRAINTS
OF TRADE CARRIED INTO EFFECT THROUGH THE USE OF
UNFAIR AND DECEPTIVE METHODS OF PACKAGING OR
LABELING CERTAIN CONSUMER COMMODITIES DISTRIB-

UTED IN COMMERCE, AND FOR OTHER PURPOSES

PART 1

MARCH 6, 7, 12, 13, 19, 20, 21, AND 22, 1963

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1963

97158

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington 25, D.C. - Price $1.50

.

U5328

2

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman ESTES KEFAUVER, Tennessee

EVERETT MCKINLEY DIRKSEN, Ilinois OLIN D. JOHNSTON, South Carolina

ROMAN L. HRUSKA, Nebraska JOIN L. MCCLELLAN, Arkansas

KENNETH B. KEATING, New York SAM J. ERVIN, JR., North Carolina

HIRAM L. FONG, Hawaii
THOMAS J. DODD, Connecticut

HUGH SCOTT, Pennsylvania
PHILIP A. HART, Michigan
EDWARD V. LONG, Missouri
EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

SUBCOMMITTEE ON ANTITRUST AND MONOPOLY

ESTES KEFAUVER, Tennessee, Chairman PHILIP A. HART, Michigan

EVERETT MCKINLEY DIRKSEN, Illinois THOMAS J. DODD, Connecticut

ROMAN L. HRUSKA, Nebraska EDWARD V. LONG, Missouri

KENNETH B, KEATING, New York JOHN L. MCCLELLAN, Arkansas

HORACE L. FLURRY, Staff Director and Counsel

II

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Pago
300
202

370

424

347

Andrus, Ethel Percy, president, National Retired Teachers Association

and American Association of Retired Persons, Washington, D.C., ac-

companied by Ernest Giddings, director of legislation.
Ballentine, L. Y., commissioner of agriculture, State of North Carolina...
Barnes, Irston, professor of political economy, Graduate School of Business,

Columbia University, New York, N.Y.
Brady, Mildred E., assistant director, Consumers Union of the United

States, and editorial director, Consumer Reports, Mount Vernon, N.Y..

Cheney, R. L., executive director and marketing manager, Glass Container

Manufacturers Institute, New York, N.Y., accompanied by James A.

Sprunk, counsel...
Cohen, Wilbur J., Assistant Secretary for Legislation, Department of

Health, Education, and Welfare, and George P. Larrick, Commissioner,
Food and Drug Administration, accompanied by William Goodrich,
Assistant General Counsel, HEW; Theodore Ellenbogen, Deputy Chief,
Division of Legislation, HEW; and Winton Rankin, Assistant Commis-
sioner, FDA.

Clarkson, Roy, administration management, Bush Bros. & Co., Dandridge,

Tenn.

Dierson, F. T., general counsel, Grocery Manufacturers Association of

America, New York, N.Y..

Dixon, Paul Rand, Chairman, Federal Trade Commission, accompanied by

John N. Wheelock, Executive Director; J. V. Buffington, Assistant to

the Chairman; and Fletcher Cohn, Assistant General Counsel for Legis-

lation..

Dunning, Harrison F., president, Scott Paper Co., Philadelphia, Pa..

Ervin, Sam J., Jr., U.S. Senator from the State of North Carolina --

Fair, Clinton M., legislative representative, AFL-CIO, Washington, D.C.,

accompanied by Anne Draper, research department.--

Graham, Robert E., executive vice president, Owens-Illinois Glass Co.,

Toledo, Ohio, accompanied by Allen Boyd, counsel

Halverstadt, Albert N., vice president, advertising, Procter & Gamble Co.,

Cincinnati, Ohio, and J. Gibson Pleasants, vice president, research and

development.

Hickman, R. Allan, vice president, All-Industry Packaging Advisory

Committee, Dow Chemical Co., Midland, Mich.

Hodges, Luther H., Secretary of Commerce

Hopkins, L. R., vice president, National Confectioners Association,

Chicago, Ill., accompanied by James E. Mack, Washington representa-

tive.

Jackson, Charles E., legislative representative, National Fisheries Institute,

Washington, D.C.

Johnston, Olin D., U.S. Senator from the State of South Carolina.

Kinney, Robert E., president, Gorton's of Gloucester, Gloucester, Mass..

McIntyre, George S., director of agriculture, State of Michigan..

Newman, Sarah H., general secretary, National Consumers. League,

Washington, D.C.

Peterson, Esther, Assistant Secretary of Labor, accompanied by Mrs. Ethel

D. Hoover, Chief, Division of Price and Index Number Research, Bureau
of Labor Statistics, and Aryness Joy Wickens, Consumer Program
Adviser, Office of the Secretary
Ribicoff, Abraham, U.S. Senator from the State of Connecticut.
Smith, Milan D., executive vice president, National Canners Association,

Washington, D.C., accompanied by Thomas Austern, counsel..

400

122
12

62

Stender, Carl H., deputy commissioner of agriculture, State of South Page
Carolina

220
Voorhis, Jerry, executive director, Cooperative League of the United

States, Chicago, Ill., accompanied by Donald Lefever, grocery and dis-

tribution manager, Greenbelt Consumer Services, Greenbelt, Md.---.. 105

Ware, Caroline F., consultant on consumer problems, Washington, D.C.. 190

Williams, Edward Brown, counsel, National Association of Frozen Food
Packers, Washington, D.C.

333

Willis, Paul S., president, Grocery Manufacturers of America, New York,
N.Y.

229
Zahn, Lawrence H., director of purchasing and package development, Ciba
Pharmaceutical Co., Summit, N.J..

34
EXHIBITS AND APPENDIX

Text of S. 387...

1

"The Original Computer," advertisement by Scott Paper Co., Washington

Evening Star, March 5, 1963..

457

Address by Secretary of Commerce Luther H. Hodges before 24th Annual

Packaging Forum, Packaging Institute, Chicago, Ill., October 16, 1962.. 459

"Another Mouse," editorial, Modern Packaging, February 1963.

463

Letters by Milan D. Smith, National Canners Association, March 13,

1963, enclosing letter to Chairman Celler of the House Judiciary Com-

mittee, and May 2, 1963, on rulemaking procedures and judicial review

provisions of s. 387...

473

North Carolina Department of Agriculture, administrative interpretation

of a deceptive package, June 22, 1961.-

478

Price changes for foods, and for selected packaged and bottled items,
1955 to October 1962, prepared by Bureau of Labor Statistics.---

244

Address by Paul S. Willis before Television Bureau of Advertising, Novem-

ber 16, 1962.

479

"An Outrageous and Shocking Speech,” editorial, Sponsor, November 26,
1962.-..

483

Letters from Paul S. Willis, March 25–26, 1963:

Referring to address before Television Bureau of Advertising --

485

Referring to cost-of-living index.-

487

Referring to subjects relating to testimony-

486

Special bulletins from the President, Grocery Manufacturers of America,

June 19, 1961, May 4 and July 5, 1962...

492

Letter from F. T. Dierson, March 26, 1963..

494

Letter from Super Market Institute, February 22, 1963, on retailers'

policy on passing on manufacturer price reductions..

496

Letter from National-American Wholesale Grocers' Association, March 18,

1963...

495

“Big advertisers can—and do-influence editorial content of major maga-

zines," item from Changing Times, March 1963..

496

Statement by Senator Magnuson on textile fiber bill, Congressional Record,

August 18, 1958.-

497

National Association of Frozen Food Packers, resolution of board of

directors, packaging and labeling of foods.-

497

“Deceptive Devices Fool Unwary Shoppers,” Kansas Agricultural Student,

February 1963...

498

"Consumers' Protection and Interest Program,” message from the Presi-

dent of the United States on consumer protection, March 15, 1962.--- 464

"It's What's Inside That Counts," pamphlet by Industrial Union Depart-

ment, AFL-CIO..

501

“Package designers use many techniques in packaging and labeling to
deceive the customer,” Consumer Bulletin, September 1962...

527

"Standardization and Simplification,” excerpt from the report of Secretary

of Commerce Herbert Hoover, 1926, submitted by Caroline Ware.-- 522

Instant coffee prices, survey conducted by Bernard Fensterwald, Jr., Ar-
lington, Va., January 5, 1962..

471

California law creating the office of consumer counsel.

471

Letter from Albert N. Halverstadt, of Procter & Gamble, May 6, 1963.-- 548

Letters from W. E. Tyler, of New York State Canners & Freezers Asso-

ciation, and covering letter by Senator Keating - -

549

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