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FEDERAL
VOLUME 5

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SCRIPTA

1934

REGISTER

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OA/iTtO

NUMBER 212

,
Washington, Wednesday October 30, 1940
Rules, Regulations, Orders TITLE 16COMMERCIAL PRACTICES
CHAPTER IFEDERAL TRADE
COMMISSION
Docket No. 4203
P art 3D igest of C ease and D esist
O rder IN THE MATTER OF WAINS LABORATORY, INC.

3.6 t Advertising falsely or mis leadinglyQualities or properties of product: 3.6 x Advertising falsely or misleadinglyResults: 3.6 y Ad vertising falsely or misleadinglySafe ty: 3.71 e Neglecting, unfairly or deceptively, to make material disclo sure Safety. Disseminating, etc., in connection with offer, etc., of respond ents medicinal preparation designated Wains Compound, or any other simi lar medicinal preparation, any adver tisement by means of the United States mails, or in commerce, or by any means, to induce, etc., directly or indirectly, purchase in commerce, etc., of said prep aration, which advertisement repre sents, directly or through inference, that said preparation has any therapeutic value in the treatment of bronchial asthma or bronchial coughs, in excess of furnishing temporary symptomatic re lief from the paroxysms of asthma and bronchial irritations, or that said prep aration is in all cases safe or harmless;
or which advertisement fails to reveal that said preparation should not be used by those having tuberculosis or goitre, prohibited; subject to the provision, however, that such advertisement need contain only a statement that said prep aration should be used only as directed on the label thereof when such label contains a warning to the effect that the preparation should not be used by those having tuberculosis or goitre. 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, Wains Labora tory, Inc., Docket 4203, October 18, 1940

At a regular session of the Federal Trade Commission, held a t its office in the City of Washington, D. C., on the 18th day of October, A. D. 1940.
This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, in which an swer respondent admits all the material allegations of fact set forth in said com plaint and states that it waives all inter vening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and its conclusion that said respondent has vio lated the provisions of the Federal Trade Commission Act;
It is ordered, That the respondent, Wains Laboratory, Inc., a corporation, its officers, representatives, agents and employees, directly or through any cor porate or other device, in connection with the offering for sale, sale or distribution of its medicinal preparation designated Wains Compound, or any other medic inal preparation, composed of substan tially similar ingredients, or possessing substantially similar therapeutic prop erties, whether sold under the same name or under any other name, do forthwith cease and desist from directly or indirectly:
1. Disseminating or causing to be dis seminated any advertisement a by means of the United States mails or b by any means in commerce, as com merce is defined in the Federal Trade Commission Act, which advertisement represents directly or through inference that said preparation has any thera peutic value in the treatment of bron chial asthma or bronchial coughs, in excess of furnishing temporary sympto matic relief from the paroxysms of asthma and bronchial irritations; that said preparation is in all cases safe or harmless; or which advertisement fails to reveal that said preparation should not be used by those having tuberculosis or goitre Provided, however, That such advertisement need contain only a state ment that said preparation should be used only as directed on the label thereof
CONTENTS
RULES, REGULATIONS, ORDERS
T itle 16C ommercial P ractices:

Federal Trade Commission :
Cease and desist orders:
Dixie Candy Co., Inc_____
Loughran, Tommy_______
Southern Sales Co________
Sun Cut Rate Store_____ _
Thomas B rothers________
Wains Laboratory, Inc___
T itle 17C ommodity ties E xchanges:

and
Pa€e 4300
4298
4300
4299
4298
4297

S ecuri
Securities and Exchange Com mission :
Records to be preserved, regu lations amended_______ 4301
T itle 19C ustoms D u t ie s :

Bureau of Customs:
Invoices covering merchandise subject to British pur chase tax_____________ 4301
T itle 25I ndians :
Office of Indian Affairs:
Leasing of Indian allotted and t r i b a l lands, amendment_________________ 4301
T it l e 29 L abor :

Wage and Hour Division:
Woolen industry, employment of learners____________ 4302
T itle 30M ineral R esources:
Bituminous Coal Division:
Truax-Traer Coal Co., relief from m i n i m u m price schedule______________ 4303
T itle 38P ensions , B onuses, and Veterans R e l ie f :

Veterans Administration:
Adjudication; claims by rea son of desertion, revi sion--------------------------T

4304

i t l e 49 T ransportation and R ailroads:

Interstate Commerce Commis sion:
Steam roads; uniform system of a c c o u n t s , amend ments________________ 4304
C ontinued o n n e x t page
4297