ELR Citation: ELR 20185
No(s). 12-82 (D. Me. Apr 19, 1971)

Defendant Federal Trade Commission's motion to dismiss or for summary judgment granted in suit in which plaintiff detergent manufacturers' requested declaratory and injunctive relief restraining the FTC from proceeding further with proposed rulemaking under which, if the rule were adopted, synthetic detergent manufacturers would have to list detergents' ingredients by name, percentage and weight per use and would have to include a warning on phosphorous-containing detergent packages that phosphorous contributes to water pollution. The court held that plaintiffs' claim for injunctive relief is not yet ripe for adjudication. Bristol-Myers Co. v. Federal Trade Comm'n., 424 F.2d 935 (D.C. Cir. 1970), followed. Abbott Laboratories v. Gardner, 387 U.S. 136 (1967), and Toilet Goods Ass'n v. Gardner, 387 U.S. 158 (1967); Gardner v. Toilet Goods Ass'n, 387 U.S. 167 (1967), distinguished.

Counsel for Plaintiff.
Fred C. Scribner Jr.
Ralph I. Lancaster, Jr.
Peter S. Plumb
One Monument Square
Portland, ME 04111
(207) 773-6411

Counsel for Intervenor Colgate-Palmolive Co.:
Herbert H.Sawyer
One Monument Square
Portland, ME 04111
(207) 774-6291

Counsel for Intervenor Proctor & Gamble Co.:
Roger A. Putnam
57 Exchange Street
Portland, ME 04111
(207) 774-4573

Counsel for Intervenor Soap and Detergent Ass'n:
John G. Marshall
John B. Beliveau
184 Webster Street
Lewiston, ME 04240
(207) 784-9361

Counsel for Defendant:
Peter Mills U.S. Attorney
John B. Wlodkowski Assistant U.S. Attorney
156 Federal St.
Portland, ME 04112
(207) 775-3131