During the last six months of 1944, the period covered by Volume 39, civil penalties in the amount of $2,200 were collected in the following cases: United States v. Irving Roy Jacobson, et al.; United States District Court for the Western District of Wisconsin; penalty of $1,000 assessed August 8, 1944. The Commission had ordered Irving Roy Jacobson and Progressive Education Society, Inc., and its officers, etc., as of August 10, 1938, in connection with the offering for sale, etc., of any books, sets of books or publications in interstate commerce, to cease and desist from: 1. Advertising or representing in any manner to purchasers or prospective purchasers that any books or set of books offered for sale and sold by them will be given free of cost to said purchasers or prospective purchasers, when such is not the fact. 2. Advertising or representing in any manner that a certain number of sets or any set of books offered for sale and sold by them has been reserved to be given away free of cost to selected persons as a means of advertising, or for any other purpose, when such is not the fact. 3. Advertising or representing in any manner that purchasers or prospective purchasers of respondents' books or publications are only buying or paying for a loose-leaf extension service intended to keep the set of books up to date for a period of 10 years, or any other period, when such is not the fact. 4. Advertising or representing in any manner that the usual retail price at which respondents' publications are sold is higher than the price at which they are offered in such advertisements or by such representations, when such is not the fact. 5. Advertising or representing that any person has given testimonials or recommendations for and concerning respondents' books or publications, when such is not the fact. 6. Publishing or causing to be published and circulated testimonials or recommendations of and concerning the respondents' books or publications alleged to have been made by any person, when such testimonials and recommendations have not been made by such person. 7. Advertising or representing in any manner to purchasers or prospective purchasers of any book or set of books that they have 10 years, or any other period of time, to pay for the same, when such is not the fact. (D. 2132, 27 F. T. C. 755, 764.) United States v. Kongo Chemical Co., Inc.; United States District Court for the Southern District of New York; judgment for $200 on Aug. 9, 1944. Kongo Chemical Co., Inc., its agents, etc., had been prohibited by the Commission's order of Dec. 28, 1940, as amended April 8, 1941, from: 1. Disseminating or causing to be disseminated any advertisement (a) by means of the United States mails, or (b) by any other means in commerce as "commerce" is defined in the Federal Trade Commission Act, which advertisement represents, directly or through inference, that said preparation is a purely vegetable product; that said preparation will permanently straighten the hair, or contribute to the straightening of the hair in any way other than by softening the hair temporarily; that said preparation will prevent hair from falling out and promote the growth of hair; that said preparation will cure or permanently remove dandruff; that said preparation is the greatest discovery of the age; that the use of said preparation will benefit the offspring of the user; or that said preparation is safe or harmless; or which advertisement fails to reveal that the use of said preparation may result in severe caustic action upon the skin and scalp with resulting burns: Provided, however, That said advertisement need contain only a statement that said preparation should be used only as directed on the label thereof when such label contains a warning that the preparation may result in severe caustic action upon the skin and scalp with resulting burns and that in order to avoid such caustic action and burns, the preparation should not be applied at any one time for a period of longer than 10 minutes and should be removed immediately when a pronounced sensation of warmth is experienced; the preparation should be removed by washing the hair and scalp thoroughly with large quantities of water at least four times and until no sensation of the presence of soap remains and the preparation must not be brought in contact with any part of the body except the hands, hair, and scalp and especially must not be brought in contact with the eyes or with the mucous membrane of the nose or of the mouth. 2. Disseminating or causing to be disseminated any advertising by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase in commerce as "commerce" is defined in the Federal Trade Commission Act of said preparation, which advertisement contains any of the representations prohibited in paragraph 1 hereof; or which advertisement does not conform in all respects to the affirmative requirements of paragraph 1 hereof. (D. 4193, 32 F. T. C. 238, 245.) United States v. G. Leach & Co.; United States District Court for the Eastern District of Pennsylvania; penalty of $1,000 and costs of $33.40 assessed Oct. 31, 1944. Respondent, Glenn Leach, trading as G. Leach & Co., his agents, etc., in connection with the sale, etc., in interstate commerce of cooking utensils, were ordered to cease and desist from: 1. Representing or causing to be represented through advertising literature, oral statements or in any other manner, that the use of aluminum cooking utensils is deleterious to the health; or that the consumption of food prepared or kept in aluminum kitchen utensils causes or contributes to the causation of ulcers, cancers, cancerous growths, or any other disease or ailment, or that such food as a result of being prepared or kept in aluminum cooking utensils is injurious to the consumer thereof; and from making any other statements or representations of similar tenor or effect falsely disparaging or tending to disparage the quality or value of such aluminum cooking utensils with respect to the effect the use of the same might have on the health of the user or users thereof. 2. Representing that the usual, regular, and customary selling price of said cooking utensils is a special or advertising price or the factory cost of such utensils or that only a few sales are to be made at such special price, and from representing that a higher and fictitious or marked-up price of said cooking utensils is the customary, usual or regular price. 3. Representing that the respondent is the manufacturer of such cooking utensils. 4. Representing that such cooking utensils are fire resistant in all cases, or that they will never break when placed directly in or over an open flame. (D. 2480, 22 F. T. C. 684.) Cutlery Cutting dies, steel. "Dawn Shampoo" hair preparation DESIST ORDERS Dies, steel cutting- "Dip-Clean" garment and fabric cleaning product. "Dr. Pasteur" tooth brush.... Dolls Doors Metal Dresser sets.. Dresses Dried fruit.. Dry cleaning solvents. Earthenware... Electrical appliances.. Electrical equipment and supplies. - - - Electronics, correspondence course of study and instruction in "Electro Vaporized Mineral Bath" Elevator entrances. "Engineer" watches. Page 417 510 61 510 275 253 63 113, 122 374 57, 59 480 444 54 417 258, 309, 332 71 521 374 164 19 306 275 52 233 317 437 437 154 374 480 281 258, 309, 332 306 142 306 50, 149, 166, 485, 489, 492, 495 480 306 222, 366, 466 28 480 46, 485 518 417 275 347 425 1 246 411 Etchings Extracts, flavoring. Fabric cleaning product. Fabrics.. Necktie Face lifting "Colran Method" of.. Fillets, frozen rosefish.. "Fillets of Red Perch". Film, "Kodachrome" amateur photographic- Fire doors.... Fish, canned.. Fishing tackle. Fittings, electric Flavoring compounds... "Flo Triple XXX Compound" medicinal preparation..... Food flavors. Food products.. Foods, canned.. Foodstuffs Forms, collection agency. "Fre-Zex" antifreeze solution....... Fruit, dried.. Fruits, canned.. Fungicides, agricultural. Furniture Garment cleaning product.... Gift cards... "Goldtone Miniatures". Gonorrhea treatment, "Pabst Okay Special". eases, lubricating.. Groceries 638680-47-49 |