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FEDERAL REGISTER, aforesaid landings as to the Pacts and Conclusion; 3 discriminating other wise in price in the manner and degree substantially similar to the discrimi nations found in the Commissions Find ings as to the Pacts and Conclusion as hereinbefore indicated; or 4 selling otherwise said glucose or com syrup un mixed to some purchasers thereof at different prices than to other purchasers, the effect whereof may be substantially to lessen competition or tend to create a monopoly in the line of commerce in which customers of the respondents are engaged, or to injure, destroy or prevent competition with any person who either grants or receives the benefit of such dis crimination; prohibited; subject to the provision, however, that nothing shall prevent price differences which make only due allowances for differences in the cost of manufacture, sale or delivery resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered, and to further provision that nothing shall prevent respondents from showing that their lower price to any purchaser or purchasers was made in good faith to meet an equally low price of a competi tor. Sec. 2 a , 49 Stat. 1526; 15 U.S.C., Supp. IV, sec. 13 a Cease and desist order, Union Starch & Refining Com pany et al., Docket 3804, December 11, 1940.
In the Matter of Union Starch & Refining Co. and Union Sales Corporation At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 11th day of December, A. D. 1940.
This proceeding having been heard1by the Federal Trade Commission upon the complaint of the Commission, the answer of respondents, the testimony taken and stipulated, and other evidence introduced before John P. Bramhall, a trial examiner of the Commission theretofore duly desig nated by it, in support of the allegations of said complaint, no evidence having been presented in opposition thereto by respondents, and further hearings, oral argument, the filing of briefs, and a re port by the trial examiner having been waiver by the respondents; the Commis sion having made its findings as to the facts and its conclusion; which findings and conclusion are hereby made a part hereof, that respondents have violated the provisions of an Act of Congress en titled, An Act to supplement existing laws against unlawful restraints and for other purposes , approved October 15, 1914, as amended by the Robinson-Patman Act, approved June 19, 1936. Title 15, Section 12, U.S.C-A.:
It is ordered, That respondents, Union Starch & Refining Co. and Union Sales Corporation, their officers, representa tives, agents and employees, directly or indirectly, in connection with the offer ing for sale, sale and distribution of glu15 P H . 1941.

Thursday, December 19, 1940

5169

cose or corn syrup unmixed in interstate connection with offer, etc., of respond commerce and in the District of Colum ents device or apparatus designed for the electrolytic removal of hair and adver bia, do forthwith cease and desist:
1 From discriminating in price be tised as Beautiderm Midget , or of any other similar device or apparatus, any tween different purchasers of glucose or corn syrup unmixed, of like grade and advertisements by means of the United quality, either directly or indirectly in States mails, or in commerce, or by any the manner and degree as found by the means, to induce, etc., directly or indi Commission in Paragraphs Five and Six, rectly, purchase in commerce, etc., of such of the Commissions Findings as to the device or apparatus, which advertise ments represent, directly or through in Facts and Conclusion;
2 From continuing or resuming the ference, that said device or apparatus is discriminations in prices found by the an effective, efficient and scientific ap Commission in Paragraphs Five and Six paratus for the electrolytic removal of of the aforesaid Findings as to the Facts superfluous hair from the human body by individual self-application in the and Conclusion;
3 From otherwise discriminating in home, that its use is painless, safe and price in the manner and degree substan harmless and will have no ill effects upon tially similar to the discriminations the human body when used by the un found in the Commissions Findings as skilled lay public, or that the removal of said hair is permanent; or which ad to the Facts and Conclusion;
4 From otherwise selling said glucose vertisements fail to reveal that the use of or corn syrup unmixed to some pur said device or apparatus by persons not chasers thereof at different prices than trained in the technique of removing su to other purchasers the effect whereof perfluous hair from the human body by may be substantially to lessen competi electrolysis may result in permanent dis tion or tend to create a monopoly in the figurement, or cause infections or other line of commerce in which customers of irreparable injury to health; prohibited.
the respondents are engaged or to in Sec. 5, 38 Stat. 719, as amended by Sec.
jure, destroy or prevent competition with 3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec.
any person who either grants or receives 45b Cease and desist order, Electroly the benefit of such discrimination, pro sis Associates, Inc., et al., Docket 4144, vided that nothing shall prevent price December 11, 1940
differences which make only due allow ance for differences in the cost of manu facture, sale or delivery resulting from the differing methods or quantities in which such commodities are to such pur chasers sold or delivered; and provided further that nothing shall prevent re spondents from showing that their lower price to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor.
I t is further ordered, That the said re spondents, Union Starch & Refining Co.
and Union Sales Corporation, shall within sixty days after service upon them of this order file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.
By the Commission.
seal
O tis B. Johnson , Secretary.
P. R. Doc. 40-5723; Piled, December 18, 1940;
11:11 a.m.

Docket No. 4144

P art 3 D igest of Chase O rders
and
D esist
IN THE MATTER OF ELECTROLYSIS ASSOCIATES, INC., ET AL.

3.6 t Advertising falsely or mis leadingly Qualities or properties of product: 3.6 x
Advertising falsely or misleadinglyResults: 3.6 y Ad vertising f a l s e l y or misleadingly Safety: 3.71 e Neglecting, unfairly or deceptively, to make material disclo sure Safety.
Disseminating, etc., in
In the M atter of Electrolysis Associates, Inc., a Corporation, and Louis Zinberg, as an Officer of Said Corporation and as an Individual Trading as Beautiderm Company At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 11th day of December, A. D. 1940.
This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondents, in which an swer respondents admit all the material allegations of fact set forth in said com plaint and state that they waive all in tervening procedure and further hearing as to said facts, and the Commission hav ing made its findings as to the facts and its conclusion that said respondents have violated the provisions of the Federal Trade Commission Act;
I t is ordered, That the respondents, Electrolysis Associates, Inc., a corpora tion, and its officers, and Louis Zinberg, as an officer of said corporation and as an individual trading as Beautiderm Company, or trading under any other name or names, their respective repre sentatives, agents and employees, directly or through any corporate or other de vice, in connection with the offering for sale, sale or distribution of their device or apparatus designed for the electrolytic removal of hair and advertised as Beautiderm Midget , or of any other device or apparatus of substantially sim ilar composition or construction, or pos sessing substantially similar properties, whether sold under the same name or under any other name, do forthwith