Opinion
October 22, 1951.
Appeal by defendants Roux Laboratories, Inc., Roux Distributing Company, Inc., and Clairol, Inc., from so much of an order which directs the examination of such defendants before trial "Concerning any and all ingredients" of the products of such defendants applied to plaintiff's head as alleged in the complaint. These defendants contended in opposition to the motion for examination that an analysis of their products would divulge all necessary information as to the ingredients which such products contained, and consented on the argument of this appeal to furnish to plaintiff a statement of the ingredients of such products. The order is accordingly modified so as to provide that the motion to examine appellants is denied, on condition that appellants Roux Laboratories, Inc., and Roux Distributing Company, Inc., furnish to respondent's attorney, within ten days after the entry of the order hereon, a written statement of the ingredients of the product known as "Roux hair dye 106 3/4" as the same was manufactured prior to February, 1950, and furnish to respondent's attorney samples of such product sufficient for analysis, certified by such appellants and stipulated to be exactly similar to the product manufactured prior to February, 1950; and on condition that appellant Clairol, Inc., furnish to respondent's attorney, within the same time, a similar statement as to the ingredients of the product known as "Miss Clairol" and similar samples, similarly certified and accompanied by a similar stipulation. As so modified the order, insofar as appealed from, is affirmed, without costs. If any of such appellants shall default in furnishing such statement and samples, the order is affirmed without modification, with $10 costs and disbursements, and examination of such defendants shall proceed, upon five days' notice, as directed in the order appealed from. No appellant shall be required, in making such statement or on such examination, to disclose any formula or manufacturing process used in the production of its products. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.