is the cap now used in bottling “Grapico,” and Exhibit 18 is the cap which was used prior to February, 1929.
Commission’s Exhibit 19 is a price list sent to the customers and prospective customers of respondent, residing outside of the State of Louisiana, and carries the word “Grapico” in very large letters with the word “sparkling” and the words “naturally good” in much smaller letters, but does not explain that “Grapico” concentrate is artificially colored and flavored or that it is an imitation product.
Commission’s Exhibit 28 is an order blank which refers to “Grapico” without the explanation that the same is artificially colored and flavored, and an imitation.
The stationery of respondent has printed thereupon the words “Grapico” in very large letters without the explanation that “Grapico” is artificially flavored and colored and is an imitation.
Respondent also sent to its customers residing outside of the State of Louisiana, a quantity of boys’ caps to be given to boys to wear, which caps bear the word “Grapico” in large red letters, and in smaller white letters, the words “sparkling” and “naturally good.” No other words appear upon these caps.
The World Bottling Co. is a corporation organized and existing under and by virtue of the laws of the State of Louisiana, with its principal place of business in the city of New Orleans. Fifty per cent of the capital stock of this company is owned by respondent and the officers and directors of respondent company are the same as those of the World Bottling Co. The World Bottling Co. bottles all of “Grapico” finished beverage which is sold in Louisiana. The World Bottling Co. advertises “Grapico” beverage extensively in the New Orleans Picayune, the New Orleans Times-Picayune, and New Orleans State Item, all daily newspapers of general circulation in the State of Louisiana, and of extensive circulation in the States of Alabama and Mississippi.
Par. 7. Respondent’s said advertisements, brands, labels, descriptions, and representations of its said product have the capacity and tendency to mislead and deceive purchasers of beverages made from said “Grapico” concentrate into the belief that said beverage is composed in whole or contains a substantial amount of the juice of the grape or the fruit of the same.
Par. 8. Respondent’s said acts and practices place in the hands of its customers the means of committing a fraud upon the consuming public by enabling said customers to offer for sale and sell to the consuming public a drink made substantially from imitation fruits flavors as and for drinks made from true fruit.
