And then there is that most creative of marketing pursuits, naming the baby. In addition to the previously mentioned Slickers, Playthings, Tan Fans and Wave Makers, a woman's favorite cosmetics counter might display such brands and products as Cover Girl, California Ices, Angel Face, Pure Magic, Natural Wonder, Touch & Glow, Moon Drops, Winkers, Cellophanes, and many others equally distinctive, colorful and contemporary. And, significantly I think, most of them have packages to match.

These are but a few examples of the kind of marketing inventiveness that is being displayed with increasing regularity by the cosmetic industry. Of course, not all of their packages will have a significant impact at the point of sale. As we have witnessed time and again, the successful package has to be much more than merely creative. Rather, it depends in the deepest sense on its integration framework. With respect to some of today's cosmetics packaging, such integration, unfortunately, is lacking. However, they do show a willingness on the part of cosmetic packagers to respond to change, to experiment with new materials, shapes, sizes, formulations and colors, to use their imaginations, and to "think now" in their market planning.

And I suspect they are on to something.

Mrs. BEHRE. I think I was trying to plant a little seed.

Senator HART. I have here a label that shows the seed was planted, at least in this area. It's from a can of tomato juice and it shows the quantity statement in fluid ounces, quarts and ounces and liters. This labeling would give the public a chance to get a feeling for the metric system of weights and measures.

(The article follows:)

Senator HART. It would be helpful in case this country sooner or later gets around to adopting it.

Having given this ringing endorsement to Libby's for this fine label I hate to add the comment that there is an awful lot of space here that is used for purposes other than informing more clearly in the interest of promoting the sale. There is a lot of elementary opportunity here that is going to waste notwithstanding the arithmetic education that is going on.

Earlier witnesses have commented on several of the aspects of your testimony. Let me ask you simply if, in an area that hasn't been hit so hard before, you have some reactions.

Do you think that the consumer would be able to make value comparisons, sound value comparisons, if ingredients labeling remained the same and price comparisons only were facilitated?

In other words, does improvement in value comparisonability require better ingredient labeling.

Mrs. BEHRE. Well, I think that I believe so, yes.

Senator HART. What is your hunch as to whether the normal consumer would use the ingredient information?

Mrs. BEHRE. It depends on what you mean by the normal consumer, but I think those that would use any type of information on the label would find it very helpful and those that aren't going to bother with the label, they wouldn't bother, period.

Senator HART. No worse off.

Mrs. BEHRE. No worse off because they don't even bother.

Senator HART. If advertising stressed quality differences in products based upon information provided in required ingredient labels, wouldn't this tend to increase the use of the information?

Mrs. BEHRE. I am certain it would, yes.

Senator HART. Thank you very much.
Mrs. BEHRE. Thank you.

Senator HART. Our next witness is the president of the Arizona Consumers Council, Dr. Currin Shields. Dr. Shields is the professor of government at the University of Arizona.

While we are having him come up, if Professor Richardson is still here and is not out trying to resupply himself after his loss of luggage, Mrs. Esther Henry, who is the senior inspector of the New York City Consumers Affairs Department, has sent a note up. It says that her recent investigation of TV commercials revealed that there is a Federal Trade Commission Trade Practice Act which requires that all brushes-I think this bears on your toothbrush problem-all brushes require the composition to be indicated. The composition, I take it, of the bristle. Either on the container or on the handle. Maybe Professor Richardson didn't look at the container-he must have. I am sure he did. Maybe there is some Trade Commission practice that is being violated.

Dr. Shields?

STATEMENT OF DR. CURRIN SHIELDS, PRESIDENT, ARIZONA CONSUMERS COUNCIL; AND PROFESSOR OF GOVERNMENT, UNIVERSITY OF ARIZONA, TUCSON, ARIZ.

Dr. SHIELDS. Thank you, Senator Hart.

I would like to thank the committee for holding these hearings and also for the opportunity to appear here today.

It is a sad commentary on the American food and drug industry that it is necessary to have these hearings. But it is imperative that they be held. American consumers are being milked millions of dollars every day by confusing and deceitful packaging and labeling of food and drug products.

Let me give you some examples. A few weeks ago the Arizona attorney general filed a suit in the Superior Court of Arizona against Carnation Foods. The suit sought to restrain the company from marketing eggless eggnogg. A few days ago, rather than go to trial, Carnation Foods settled the case by agreeing to put eggs in its eggnog in the future. Notice that Carnation Foods agreed to put eggs in eggnog not voluntarily but under threat of legal action by the Consumer Fraud Division of the Arizona Attorney General's Office.

Another example. Here are three half-gallon cartons. This one contained milk-grade A, homogenized, pasteurized, vitamin D milk. Natural milk as you and I think of it. This milk retailed for 55 cents. This carton also contained milk, a different package but the identical product-grade A, homogenized, pasteurized, vitamin D milk. It retailed in the same market for 53 cents. Same contents as the first carton.

This carton says grade A, homogenized, pasteurized, vitamin Dspecial M. It was in the same dairy case with the first two cartons. This is not milk. It contains no butterfat. It is so-called filled milk which is legal to manufacture and sell in Arizona. The contents of this package was water, milk solids, vegetable oil-what kind the label does not say, but probably coconut oil-dextrose and an emulsifier and stabilizer-what kind the label does not say. How does the label read? "More natural flavor." This product retailed for 45 cents.

This third package is an indictment of the industry responsible for it. Every effort is made in packaging and labeling to make the consumer believe that this artificial, manufactured product is natural milk. This is deliberate deception.

Furthermore, this label does not reveal the kind of vegetable oil added. Different vegetable oils have different properties. Coconut oil is commonly used in filled milk. Some persons have an allergic reaction to coconut oil. Also as far as cholesterol is concerned, coconut oil is as bad or worse than butterfat.

I cite these examples to show the need for strict legislation in the packaging and labeling field. The 1966 act was an important step in the right direction. Both you and Senator Moss should be commended for your efforts in enacting that legislation. But now it is time to move forward again.

The food and drug industry, which is responsible for confusing and deceptive packaging and labeling practices, has demonstrated that it

will not voluntarily rid itself of such practices. It believes in eggless eggnogg.

We ask that you enact legislation which will accomplish, among others, the following goals adopted by the annual meeting of the Consumer Federation of America on August 24, 1969:

(1) Percentage labeling of all ingredients of a product, including moisture;

(2) Unit pricing of packaged products;

(3) Prohibition of unnecessary proliferation of package sizes and sizes which impede comparison shopping; and

(4) Statement of calendar expiration dates on perishable products. All consumers ask of the food and drug industry is that they tell it like it is in packaging and labeling-tell the consumer the truth. It seems to me that this is not too much to ask, even of the food and drug industry.

Thank you, gentlemen, for your attention.

(Applause.)

Senator HART. Thank you, Doctor, for coming. You managed to state In a very few pages a point of view that is understandable and requires no question on my part.

Dr. SHIELDS. Thank you very much.

Senator HART. Our concluding witness is the director of the National Consumer Law Center at Boston College, Dr. William F. Willier.

TATEMENT OF DR. WILLIAM F. WILLIER ON BEHALF OF THE NATIONAL CONSUMER LAW CENTER AT BOSTON COLLEGE

Mr. WILLIER. I'm glad to be here, Senator.

Senator HART. We are happy to have you. Will you proceed as you wish?

Dr. WILLIER. Senator, first I would like to thank you for the first pportunity the National Consumer Law Center has had to appear efore this committee that has done so many good things for con

umers.

The National Consumer Law Center is funded by the Office of conomic Opportunity and our concerns are mainly with the consumer roblems of the poor. I can assure you that the poor are just as intersted in fair packaging and labeling as are the more affluent.

One thing I think this hearing will reveal to you is that consumer epresentatives are fairly well in agreement and I think, as I looked ver some of the testimony and heard some of it, it is fairly clear that here would be a great deal of redundancy here, so I shall attempt to void that, at least so far as my prepared statement is concerned. I think all of us are grateful to you for the fair packaging and beling act, which certainly has given more information to the conimer so that he can better get his dollar's worth when he buys food nd drugs. Sadly, some surveys taken before the act was enacted and fter some parts of it have come into effect indicate that the American ousewife is more confused than ever in her shopping.

At first blush, this might indicate a criticism of the act. Actually, think it is probably more like an indirect benefit. That is, the house