It is ordered, That the case growing out of the complaint herein be, and the same hereby is, closed without prejudice to the right of the Commission to reopen the same and resume trial thereof in accordance with its regular procedure. Mr. DeWitt T. Puckett and Mr. G. M. Martin for the Commission. M. J. FRIEDLANDER, SAMUEL B. MARKS AND Hortense MarkS DOING BUSINESS AS SUSQUEHANNA WOOLEN MILLS. Complaint, November 1, 1943. Order, December 18, 1944. (Docket 5074.) Charge: Misbranding or mislabeling, and neglecting, unfairly or deceptively, to make material disclosure as to composition of product in violation of Wool Products Labeling Act, and the Federal Trade Commission Act; in connection with the manufacture and sale of blankets. Dismissed, after answer and trial, by the following order: This matter coming on for consideration by the Commission upon the record, and it appearing that during the period covered by the complaint herein it was the policy of the Navy Department to require that the individual blankets procured by it bear no marks, tags, or means of identification other than a legend "U. S. Navy," "U.S.N.," or "U.S.N. MEDICAL," as specified, and the Commission having duly considered the matter, and being now fully advised in the premises. It is ordered, That the complaint herein be, and the same hereby is, dismissed. Before Mr. Miles J. Furnas, trial examiner. Mr. DeWitt T. Puckett and Mr. G. M. Martin for the Commission. F. AD. RICHTER & CO., INC. AND H. W. KASTOR & SONS ADVERTISING Co. Complaint, April 28, 1943. Order, December 19, 1944. 4955.) (Docket Charge: Advertising falsely or misleadingly as to qualities, properties or results of product; in connection with the manufacture and sale of a medicinal preparation known as "Anchor Pain Expeller." Dismissed, after answers and trial, by the following order: This matter coming on to be heard by the Commission upon the motion of the respondents that the complaint herein be dismissed, and the Commission having duly considered the matter and being now fully advised in the premises. It is ordered, That said motion be granted and that the complaint herein be, and it hereby is, dismissed. Before Mr. John W. Addison, trial examiner. Mr. DeWitt T. Puckett and Mr. R. A. McOuat for the Commission. Mr. Isaac W. Digges, of New York City, and Mr. Henry A. Spelman, of Brooklyn, N. Y., for F. Ad. Richter & Co., Inc. Mr. B. Blakeney Harris, of Chicago, Ill., for H. W. Kastor & Sons Advertising Co. STIPULATIONS1 DIGEST OF GENERAL STIPULATIONS OF THE FACTS AND AGREEMENTS TO CEASE AND DESIST 2 2415.3 Toilet Goods, Cosmetics, Medicinal Preparations, Luck Charms, Etc.-Qualities, Safety, Origin, Free, Success, Guarantee, Special Offers, Earnings, Etc.-The Commission directed that Stipulation 2415, entered into by the respondent named below, be amended by striking therefrom inhibition (t) that appeared thereon and substituting the following, so that the stipulation now reads as follows: Keystone Laboratories, Inc., a Tennessee corporation, with its principal place of business in Memphis, Tenn., operates and has operated under its corporate name and also under the various trade names of Memphis Mail Order House, Curio Products Co. and White Line, engaged in the sale and distribution of toilet goods, cosmetics, medicinal preparations, luck charms and numerous other kinds of merchandise, in interstate commerce in competition with other corporations, individuals, firms and partnerships, likewise engaged, entered into the following agreement to cease and desist from the alleged unfair methods of competition as set forth therein. Keystone Laboratories, Inc., in connection with the sale and distribution of its products in commerce as defined by the Federal Trade Commission Act, agreed that it will cease and desist from: (a) Representing that Poreen Ointment, La Jac Lovin Pink Cream for Dark Skins, La Jac Orange Beauty Glow Cream, or any similar preparation is a skin food or a skin whitener; or has the capacity to remove, free the skin of, cause to vanish, or otherwise do away with imperfections, blackheads, eczema, tetter, pimples, ringworms, eczemic itch, rash, bumps, dark or flabby or blemished skin, or acid condition of the skin; or brightens or lightens dark skin unless limited to a temporary lightening thereof; or makes the skin smooth or soft, or gorgeous or ravishing, or lovely, radiant or beautiful, instantly or at all. (b) Representing that La Jac Massage Cream, Rite Now Miracle Bleach and Facial Pack, Jean Noel Turtle Oil Tissue Cream, Hi-Hat Tur 1 For false and misleading advertising stipulations effected through the Commission's radio and periodical division, see p. 649 et seq. The digests published herewith cover those accepted by the Commission during the period covered by this volume, namely July 1, 1944, to December 31, 1944, inclusive. Digests of previous stipulations of this character accepted by the Commission may be found in vols. 10 to 38 of the Commission's decisions. In the interest of brevity there are omitted from the published digests of the published stipulations agreements under which the stipulating respondent or respondents, as the case may be, agree that, should such stipulating respondent or respondents ever resume or indulge in any of the practices, methods, or acts in question, or in event of issuance by Commission of complaint and institution of formal proceedings against respondent, as in the stipulation provided, such stipulation and agreement, if relevant, may be received in such proceedings as evidence of the prior use by the respondent or respondents of the methods, acts, or practices herein referred to. Amended. See 28 F.T.C. 1780. tle Oil Tissue Cream, Darboux 3-Way Youth Cream, Darboux Skin and Tissue Cream, or any similar preparation eliminates, rubs out, removes, ends, banishes, prevents, keeps away, builds up, closes or fills out wrinkles, lines, crow's feet, bumps, sagging skin, aged skin, droopy contours, coarse or gaping pores; or tones, invigorates, penetrates, nourishes or works beneath the skin; or builds up underlying or broken skin tissues; or gives the face, throat, neck or cheeks a youthful contour; or gives the skin a lasting beauty, or a beauty that will not wear off or wash off; or makes the skin fairer, softer or fairy smooth; or that turtle oil keeps the skin youthful. (c) The use of the words "Tissue Cream," either independently or in connection with the words "Jean Noel," "Hi-Hat," "Turtle Oil," "Darboux," or any other words, as descriptive of its products; or of any similar term, designation or expression the effect of which is to import or imply that such a product builds up or otherwise beneficially affects the tissues of the skin. (d) Representing that La Jac Brite Skin Bleach or any similar product will overnight, or in any stated time, make the skin five shades lighter, or any number of shades lighter; or is "nature's gift" to take from the skin "all that is ugly and unattractive," or leaves "only the beautiful, the radiant and the lovely." (e) Representing that Roreen, Keystone Combination Pressing Oil Compound and Hair Grower, Keystone Mange & Scalp Treatment, F. M. Hair Restorer, Wang, La Jac Temple Oil, La Jac White Hair Dressing Pomade, Hi-Hat Combination Pressing Oil Compound Straightener and Hair Grower, Hi-Hat Nu-Life Hair Grower Mange and Scalp Treatment, Hi-Hat Jockey & Jickey Nu Gloss Four Way Hair Dressing Pomade, or any similar preparation Grows hair, soft lustrous hair, longer hair, hair longer, short hair longer, or hair on temples, thin spots or bald spots; lengthens hair, thickens thin hair, or promotes new growth of hair; strengthens, enlivens or revitalizes the hair; gives every hair new life and vitality, or glamorous new life to harsh, dull hair; or causes the life force of the hair to resume its work Restores gray and faded hair to its natural color, or gray lifeless hair to youthful color, luxuriousness and vitality. Work both outside and inside the hair shaft, or from hair roots to hair ends, or beneath the scalp; or tones the scalp; or makes the scalp healthy or scale-free, without regard to underlying causes. Ends dandruff, or removes the cause of dandruff; or works in the worst cases of dandruff; or stops hair from falling out; or, inferentially or otherwise, is a competent treatment for dandruff, tetter or eczema. Removes the handicap of short, skimpy hair; insures a head of healthy hair; or gives lavish beauty to the hair. Is a sensational preparation or a cure; or accomplishes any of the foregoing results "actually," "instantly," "almost instantly," "quicker," "faster," "in record-breaking time," or at all. (f) The use of the words "Hair Grower" or "Hair Restorer," either independently or in connection with the words "Keystone," "Hi-Hat," "Nu-Life," "F. M." or any other words, as descriptive of its products; or of any similar term, designation or expression the effect of which is to import or imply that such a product will cause hair to grow or will restore a growth of hair. (g) Representing that Biff An Inhalent, Flu-Go, Cu-Bo One Night Healing Salve or any similar preparation will cure colds or sore throats, or is a competent treatment or effective remedy for such conditions or for bronchitis, flu or pneumonia. (h) Representing that pneumonia, tuberculosis and other serious pulmonary complications frequently follow common colds, irritating coughs or sore throats. (i) Representing that Keystone Rx 4344 or any similar preparation will cure, remove the cause of, or is a competent treatment or an effective remedy for kidney, bladder or liver ailments, rheumatism or backache; or that K & B Rx 4344 is a stimulant for the kidneys or exerts antiseptic action upon the kidneys or urinary tract. (j) Representing that Germ-Ex or any similar preparation kills germs instantly or prevents all germicidal infections; or inferentially or otherwise, that its use as a douche will prevent venereal disease or other communicable infections. (k) Representing that Ansan Powder or any similar preparation corrects the tendencies of female organs toward diseases or infections; or, inferentially or otherwise, that it is a dependable protection against the contracting of venereal disease; or that it is the prescription of a renowned women's doctor, when such is not the fact. (1) Representing that Velvene or any similar preparation is a germ killer, or that germs can't live in it or with it; or that it invigorates weak, puny hair. (m) Representing that BWI Tonic or any similar preparation is a competent treatment or an effective remedy for pimples, sores and other skin diseases due to bad blood, or that it corrects all these troubles. (n) Representing that Fe-Tone or any similar preparation is an effective treatment or a competent remedy for any form of female troubles, or is a women's tonic, or regulates or alleviates painful menstrual periods or the discomforts incident thereto. (0) Representing by inference or otherwise, that its medicines are 'guaranteed" to insure one's health and happiness, or to make one well and keep him well, strong, healthy, and at his best all the time; or from the use of the word "guaranteed" or the word "guarantee" unless, whenever used, clear and unequivocal disclosure be made in direct connection therewith, of exactly what is actually offered by way of security, as for example, refund of purchase price. (p) Representing, by the use of expressions such as "The answer to modern woman's demand for safety," "Are you ready for the expense and responsibilities babies demand," "The dangers and tribulations of child birth," "The coming of babies a menace to health," "Protection," "Better be safe than sorry," "Be free from worry at all times," "Harmless preventives," "Absolutely safe," "100% effective," '100% effective," or otherwise, that Safetee-Vags or any similar preparation is a safe or dependable contraceptive or can be relied upon to prevent pregnancy. (q) Representing that Keystone Nux and Iron (Make Man) Tablets or any similar preparation is a powerful tonic or invigorator; makes vigorous and robust men and women out of weaklings without regard to age, or at all; is an effective remedy for run-down conditions, lack of vitality or general debility however caused, or at all; or, by the use of expressions such as "Restore youthful courage, virility and ambition," "Make life worth living and love worth having," "They produce for you just the results you have in mind-safely and without delay," "Do their work quickly and effectively," or otherwise, that such a preparation is an aphrodisiac or is a competent, quick or efficient aid to the pursuit of venery. (r) Representing that the possession or use of Lucky Mojo Good Luck Incense, Hindu Mystic Love Perfume, Lucky Mojo Sweetheart Drops O'Love, Lucky Love Sachet Powder, Holy Oil with Live Loadstone, High John the Conqueror Root, or any similar article or product brings good luck or keeps out bad luck; or brings to the possessor love, romance, power, life, inspiration, easy money, popularity, irresistibility, attraction, fidelity of spouse or sweetheart, and/or success in games, business "and everything"; or will in any way affect one's fortunes or the attainability of his desires. (s) Representing that a perfume is of "Hindu" or other foreign origin when such is not the fact; or that said perfume was used by the princes and princesses of India to gain love, power or romance. (t) Representing that any article of merchandise is "free," "given free" or without cost to the recipient when such article is not a gratuity, and the prospective recipient is required as a consideration to purchase some other article or articles or render some service in order to obtain the same. (u) Representing that an agent's outfit or selling kit has a value in excess of the actual cash value of the various items therein contained. (v) Representing that it sets up any dealers in business on its own capital; or that such business will not cost the dealer one penny; or that such dealer takes no risk of loss; or ever fails, or that his success is guaranteed; when such are not the facts. (w) Representing that an offer is "special" or limited in any way when in fact such offer is the usual and customary proposition made to all inquirers. (x) Advertising products as being those of "Dr. Menke" or any other fictitious person. (y) Making unmodified representations or claims of earnings in excess of the average earnings of its active full-time salespersons or dealers achieved under normal conditions in the due course of business. (z) Representing that its salespersons or dealers will have the chance or opportunity of earning any amount which is in excess of amounts theretofore actually earned by one or more of its salespersons or dealers under normal conditions in the due course of business. (Sept. 6, 1944.) 2427.1 Cosmetics and Hair Preparations Qualities, Value, Special Price, Free, Guarantee, Special Offers, Earnings and Business Status.The Commission directed that Stipulation 2427, entered into by the respondent named below, be amended by striking therefrom inhibition (g) that appeared thereon and substituting the following, so that the stipulation now reads as follows: Three Dreams Laboratories, Inc., a corporation, Golee B. Bryant, the sole owner and secretary-treasurer of said corporation and conducting its business, engaged in the sale and distribution of cosmetics and hair preparations in interstate commerce, in competition with other corporations, individuals, firms and partnerships likewise engaged, entered into the following agreement to cease and desist from the alleged unfair methods of competition as set forth therein. Three Dreams Laboratories, Inc., and Golee B. Bryant agreed, and each of them agreed, in connection with the sale and distribution of their products in commerce as defined by the act, to cease and desist from: 1 Amended. See 28 F. T. C. 1790. |