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FEDERA REGISTER,
2 Representing that respondentsI n t h e M atter o f H a r r y S. B e n h a m , a n I n d iv id u a l , T r a d in g as A m e r ic a s M e d i
preparation is a cure or remedy for co c i n e a n d N u - M ode C o m p a n y litis, digestive disorders, headaches, over acidity, food decay within the body, ORDER TO CEASE AND DESIST
nervousness, rheumatism, ailments com mon to old age, high blood pressure, This proceeding haying been heard by arthritis, heart trouble, weak eyes, lack the Federal Trade Commission upon the of pep, dizzy spells, liver trouble, kidney complaint of the Commission and the trouble, bladder trouble, loss of gland answer of respondent, in which answer stamina, loss of vitality, stiff joints, and respondent admits all the material alle all common and annoying diseases, or gations of fact set forth in said com constitutes a competent or effective plaint, and states that he waives all in tervening procedure and further hearing treatment therefor.
as to said facts, and the Commission hav I t is further ordered, That the re ing made its findings as to the facts and spondents shall, within sixty 60 days conclusion that said respondent has after service upon them of this order, file violated the provisions of the Federal with the Commission a report in writing, Trade Commission Act;
setting forth in detail the manner and I t is ordered, That the respondent, form in which they have complied with Harry S. Benham, an individual, trading this order.
as Americas Medicine and Nu-Mode By the Commission.
Company, or trading under any other seal O t is B . J o h n s o n , name or names, his agents, servants, Secretary.
representatives and employees, directly P R. Doc. 39-3556; Piled, September 27, or through any corporate or other de 1939; 9:37 a. m .
vice, do forthwith cease and desist from:
Docket No. 3851
I n t h e M atter o f A m e r ic a s M e d i c in e , E tc.

3.6 t Advertising falsely or mis leadingly Qualities or properties of product: 3.6 x Advertising falsely or misleadingly Results: 3.6 y Ad vertising falsely Disseminating,, etc., advertisements by means of the United States mails, or in commerce, or by any means, to induce, etc., directly or indirectly, purchase of respondents Americas Medicine X X
Compound, Nu-Mode X X Compound, and Kotess Periodic Relief Compound, and Americas Medicine X X X Com pound, Nu-Mode X X X Compound, and Kotess Periodic Relief Compound, or other similar medicinal preparations, which advertisements represent, directly or through implication, that the use of said medicinal preparations constitutes a safe, competent and scientific treat ment for delayed menstruation and that their use will have no ill effects upon the human body, or which advertise ments fail to reveal that the use of these preparations may result in serious or irreparable injury to the health of the user, prohibited. Sec. 5, 38 Stat. 719, as amended by Sec. 3, 52 Stat. 112; 15
U.S.C., Supp. IV, sec. 45b Cease and desist order, Americas Medicine, etc., Docket 3851, September 9, 1939
United States of AmericaBefore Federal Trade Commission At a regular session of -the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 9th day of September, A. D. 1939.
Commissioners:
Robert E. Freer, Chairman; Garland S. Ferguson, Charles H. March, Ewin L. Davis, William A.
Ayres.

4071

Thursday , September 28, 1939

a report in writing, setting forth in de tail the manner and form in which he has complied with this order.
By the Commission.
seal
O t is B . J o h n s o n ,
Secretary.
P. R. Doc. 39-3557; Piled, September 27, 1939; 9:37 a. m.

TITLE 17COMMODITY AND
SECURITIES EXCHANGES
SECURITIES AND EXCHANGE
COMMISSION
S e c u r it ie s E x c h a n g e A c t o f 1934
ADOPTION OF RULE X-12A-9

The Securities and Exchange Commis sion, deeming it necessary and appropri ate in the public interest and for the protection of investors and necessary for the execution of the functions vested in it so to do, pursuant to authority con ferred upon it by the Securities Exchange Disseminating or causing to be dis Act of 1934, particularly Sections 3 a seminated any advertisement by means 12, 10 b and 23 a thereof, hereby of the United States mails or in com adopts the following Rule X-12A-9:
merce, as commerce is defined in the 240X12A-9 Rule X -1 2 A -9 . Ex Federal Trade Commission Act by any means, for the purpose of inducing or emption from Section 12 a 1 of certain which is likely to induce, directly or in certificates of deposit issued under de directly, the purchase of medicinal prep posit agreements having governmental arations known or designated as Amer managers Prohibition of use of manip icas Medicine X X Compound, Nu-Mode ulative or deceptive devices or contriv X X Compound, and Kotess Periodic R e ances with respect thereto, a Certifi lief Compound, and Americas Medicine cates of deposit shall be exempt from the X X X Compound, Nu-Mode X X X Com operation of Section 12 a ,1 if:
pound, and Kotess Periodic Relief 1 A State or any political subdivi Compound, or any other medicinal sion thereof or any agency or instrumen preparation composed of substantially tality of a State or any municipal cor similar ingredients or possessing sub porate instrumentality of one or more stantially similar therapeutic properties, States, acting through one or more of its whether sold under the same name duly authorized officers or otherwise, is or under any other name or names, or the person primarily performing the acts disseminating or causing to be dissemi and assuming the duties of manager pur nated any advertisement by any means suant to the provisions of the deposit for the purpose of inducing or which is agreement under which such certificates likely to induce, directly or indirectly, of deposit are issued; and the purchase in commerce, as commerce 2 Deposit under such agreement is defined in the Federal Trade Commis constitutes assent to a plan which pro sion Act, of said medicinal preparations vides for the issuance of securities of, which advertisements represent, directly or the payment of cash by, such State, or through implication that the use of political subdivision, agency, or instru said medicinal preparations constitutes a mentality in return for the securities de safe, competent and scientific treatment posited under such agreement; and for delayed menstruation and that their 3 Each depositary designated to act use will have no ill effects upon the hu under such agreement has been so des man body, or which advertisements fail ignated by such State, political subdivi to reveal that the use of these prepara sion, agency or instrumentality; and tions may result in serious or irrepar 4 Each depositary designated to act able injury to the health of the user.
under such deposit agreement is a corpo I t is further ordered, That the respond ration or association which is organized ent shall, within ten 10 days after serv and doing business under the laws of the ice upon him of this order, file with the United States or of a State, is authorized Commission an interim report in writing, under such laws to exercise fiduciary stating whether he intends to comply powers, and is subject to supervision or with this order and if so, the manner and examination by Federal or State author form in which he intends to comply; and ity.
that, within sixty 60 days after the service upon him of this order said re iC . 404, sec. 12, 48 Stat. 892; C. 462, sec. 1, spondent shall file with the Commission 49 Stat. 1375; 15 U.S.C., 781 and Sup. ILL