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ublic interest does not require further corrective action in the r at this time:

8 ordered, That insofar as the complaint herein relates to the reent Philco Radio & Television Corp. said complaint is hereby ssed.

s further ordered, That insofar as the proceeding relates to the ndent Philco Corp. it is hereby closed without prejudice to the of the Commission to reopen the same and to take such further therein as may be deemed appropriate if at any time in the e the practices involved should be resumed.

. Carrel F. Rhodes for the Commission.

George F. Shea and Mr. H. B. Weaver, Jr., of Washington, and Mr. Philip Dechert, of Philadelphia, Pa., for respondents.

NTGOMERY WARD & Co., INC. Complaint, October 1, 1945. , March 18, 1948. (Docket 5385.)

arge: Advertising falsely or misleadingly as to manufacture and ies or properties of product; in connection with the manufacture, bly and sale and distribution of radio receiving sets.

MPLAINT: Pursuant to the provisions of the Federal Trade Comon Act and by virtue of the authority vested in it by said act, the al Trade Commission, having reason to believe that Montgomery [ & Co., Inc., a corporation, hereinafter referred to as respondent, iolated the provisions of said act, and it appearing to the Comon that a proceeding by it in respect thereof would be in the public st, hereby issues its complaint, stating its charges in that respect lows:

RAGRAPH 1. Respondent Montgomery Ward & Co., Inc., is a corion organized, existing, and doing business under and by virtue of ws of the State of Illinois, with its principal office and place of ess located at 619 West Chicago Avenue, in the city of Chicago, of Illinois. The respondent is now, and has been for more than rs last past, engaged in the business of manufacturing and assemradio receiving sets, radio tubes and like products, and in selling listributing said products to the purchasing public.

R. 2. In the course and conduct of its business, respondent corpon sells and distributes its 1adio receiving sets and products tly to members of the purchasing public throughout the United es and in the District of Columbia. Said respondent now causes, for more than 5 years last past has caused, its said products when to be transported from its place of business in Chicago, Ill., to hasers thereof at their several points of location in the State of ois and in the various States of the United States other than the e of Illinois and in the District of Columbia.

There is now, and has been at all times mentioned herein, a cure of trade in said products so sold and distributed by said respondent between and among the various States of the United States and the District of Columbia.

PAR. 3. In the course and conduct of the business set out and > scribed in paragraphs 1 and 2 hereof for the purpose of inducing :purchase of respondent's radio receiving sets, radio tubes, and products, offered for sale and sold by it, the respondent has circ by mail and otherwise advertisements in newspapers and maguand by means of advertising folders, price lists, pamphlets, cintas letters and otherwise, and by radio continuities, many statements representations concerning its said radio receiving sets. By means respondent has made false and misleading statements and re sentations in describing said radio receiving sets and their power an capacity for reception, the number of active, functioning tubes in radio sets. Among, but not inclusive of, such statements and reas sentations so made and circulated by respondent are the following: New 6-tube world range

radio receiving set $22.95

*

automatic tuning and world range! You get Europe, South America, the East! And you can tune coast-to-coast stations by simply pressing a b * *. 6 tubes including rectifier *. Bring you the latest news entertainment from Europe and South America. 6-tube AC electric radio

* foreign and American wave bands.

* powerful 7-tube super heterobe

Powerful 7-tube AC electric radio. circuit with foreign and American wave bands to bring you a choice of the fine programs on the air * *. Has foreign and American wave bands ・・ Hear Europe direct! 7-tube 1941 *. 7-tube includes rectifiers.

for phono, television.

*

This 7-tube model gets European stations as easily as any American stat a 7-tube world wide range. Round the world with the movie dial. 8-tube console radio.

Powerful 9-tube AC electric model

to tune.

* 9-tube 1941 radio phonograph! Gets Europe direct! 50 times es

Deluxe 9-tube performance.

1938 9-tube airline console radio

guarantee worldwide receptist.

Airline radio. Airline is the radio that has the overseas band that b Europe as clear as your local station.

High fidelity 11-tube AC electric model addition to the finest American programs

enjoy foreign recepic! Know the thrill of g

news and music direct from Paris, London, Berlin and other famous Euro centers. Dance to rhumba direct from Rio and typical sonth-of-the-E music from other leading South American cities. Enjoy almost unlimited ebra of the finest programs on the air in this country *. Have a cho entertainment from three continents.

DeLuxe 12-tube Airline radio.

Enjoy foreign reception in addition to the finest American programs on the in this country. The very fact that this convenient new 11-tube radio gets fore

ns is an indication of the perfection with which it will bring you a choice-ofr in this country.

e aforesaid statements and representations, together with similar ments and representations not herein set out, purport to be detive of respondent's said radio receiving sets, the necessary numf functioning tubes and television attachment with which they are oped, and serve as representations on the part of respondent to bers of the purchasing public that said radio receiving sets are ped, some with 6, some with 7, some with 8, some with 9, some 11 and some with 12 active, fully functioning tubes and are wired uipped for television.

substantial number of the purchasing public believe that radio is the reception and transmission of sound waves and their audible oduction, and believe that the greater the number of actually fully tioning tubes in the radio receiving set, the better the performance the greater its power of detecting, amplifying and receiving d waves, and believe that television means the reception and transion of picture signals and their visual reproduction, and a substannumber of the purchasing public buy respondent's said radio ving sets under such belief.

AR. 4. In truth and in fact, the foregoing statements and represenons made by the respondent are false, deceptive and misleading. Dondent's aforesaid radio receiving sets are not equipped with 6, 9, 11, and 12 active, necessary, fully functioning tubes, respecy, but have installed therein one or two or more nonfunctioning uning beacon tubes or rectifier tubes. Such tuning beacon tubes ectifier tubes, devices, and accessories do not serve as detecting, lifying, or oscillating tubes and do not perform any recognized omary function of radio tubes in the detection, amplification and ption of radio signals. Respondent's said radio receiving sets are wired or equipped for television and are not capable of receiving reproducing and do not receive and reproduce picture signals in al form.

AR. 5. Each and all of the foregoing false and misleading stateits and representations made by respondent describing its said io receiving sets, the number of tubes contained therein, and the acity of said sets for television, or the reception and reproduction icture signals in visual form, were and are calculated to, and have and now have the tendency and capacity to, and do mislead and dee a substantial portion of the purchasing public into the mistaken erroneous belief that such representations are true. As a result of se erroneous and mistaken beliefs, a substantial number of the pursing public have purchased a substantial volume of respondent's 1 radio receiving sets.

The aforesaid acts and practices of the respondent as herein al are all to the injury and prejudice of the public and constitute and deceptive acts and practices in commerce within the intent La meaning of the Federal Trade Commission Act.

Record closed without prejudice by the following order:

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This matter coming on for consideration by the Commission 6, the motion of respondent that the complaint herein be dismissed J upon the answer thereto filed by counsel for the Commission, a appearing that respondent has indicated its intention to comply the Trade Practice Rules for the radio receiving set manufact industry, as interpreted by the Commission, and that responden current advertising does in fact comply with such rules, and the Cz mission being of the opinion that in the circumstances the pr interest does not require further corrective action in the matter at ta present time:

It is ordered, That this proceeding be, and it hereby is, closed antiout prejudice to the right of the Commission to reopen it and such further action therein in the future as may be warranted by the then existing circumstances.

Before Mr. George Biddle, trial examiner.

Mr. Carrel F. Rhodes for the Commission.

Mr. Henry R. Marshall, of Chicago, Ill., for respondent.

MRS. ANNE M. JENKS, TRADING AS JENKS PHYSICIANS' SUPPLIES AND AS DEPENDON PRODUCTS. Complaint, November 15, 1940. Orig findings and order, November 18, 1941.16 (Docket 4378.) Order vacating, etc., May 21, 1942, 34 F. T. C. 1538. Order closing case. March 19, 1948.

Charge: Advertising falsely or misleadingly as to qualities, pre erties, or results and safety of products; in connection with the sale f medicinal preparations and appliances for women.

Record closed without prejudice by the following order:

This cause coming on to be heard before the Commission up motion of attorney supporting the complaint to enter an ori closing this case without prejudice; and

It appearing to the Commission that an order to cease and des entered in the above proceeding was heretofore, on the 21st day May, 1942, vacated and set aside and the proceeding reopened: the purpose of taking additional testimony; and

It further appearing that prior to the taking of further testin in this proceeding an action was filed in the Federal Court for vie tion of the Food, Drug and Cosmetic Act, and as a result the respe

16 Not published.

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has abandoned the advertising and selling of the drugs and devices ch were the subject matter of this proceeding; and

- further appearing that the respondent is now employed as a bookper and auditor and does not expect, nor is she likely, to resume the iness of selling drugs or medicines of any kind and that public rest does not require the further prosecution of this proceeding: tis ordered, That this proceeding be, and the same hereby is, closed hout prejudice to the right of the Commission, should future facts arrant, to reopen it and resume trial thereof in accordance with the nmission's regular procedure.

efore Mr. Arthur F. Thomas, trial examiner.

fr. William L. Taggart, Mr. S. F. Rose, Mr. Edward L. Smith and George M. Martin for the Commission.

!r. Andrew A. Glenn and Mr. Joseph F. Cowern, of St. Paul, Minn., respondent.

ENNESSEE PRODUCTS CORP., FOREST PRODUCTS CHEMICAL CO., CROSI CHEMICAL CO., AND HARDWOOD CHARCOAL CO. Complaint, July 941. Order, March 23, 1948. (Docket 4535.)

harge: Conspiring and combining to discontinue, eliminate and press all price competition, on the part of respondents, and to nopolize in themselves the sale of hardwood charcoal in their terry, through fixing identical delivered prices and resale prices, tting trade areas, etc., as below set out.

COMPLAINT: Pursuant to the provisions of the Federal Trade Comsion Act, and by virtue of the authority vested in it by said act, Federal Trade Commission, having reason to believe that the parrespondent, hereinafter described and named, have been and are using unfair methods of competition in commerce as "commerce" lefined by said act, and it appearing to the said Commission that roceeding by it in respect thereof would be in the public interest, eby issues its complaint, stating its charges in that respect as

lows:

PARAGRAPH 1. Respondent Tennessee Products Corp. is a corporaa organized, existing and doing business under and by virtue of the Is of the State of Tennessee with its principal office and place of iness in Nashville, Tenn.

Respondent Forest Products Chemical Co. is a corporation organd, existing and doing business under and by virtue of the laws of State of Tennessee with its principal office and place of business Memphis, Tenn.

Respondent Crossett Chemical Co. is a corporation organized, exing and doing business under and by virtue of the laws of the State

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