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4060

FEDERAL REGISTER, Wednesday, September 27, 1939
finest available at any price, or that it is composed of vanillin, coumarin, caramel color, and a liberal quantity of pure va nilla, made from the choicest vanilla beans, unless and until a liberal quantity of pure vanilla, made from vahilla beans, is actually used in the preparation of said alleged extract, the whole suspended or carried in a vehicle of ethyl alcohol, pro hibited. 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, Averbach Company, Inc., et al., Docket 3342, September 11,19391
3.6 c Advertising falsely or mis leadinglyComposition of goods: 3.6
n 2 Advertising falsely or mislead inglyNatureProduct: 3.6 u Ad vertising falsely or misleadinglyQual ity: 3.66 a Misbranding or mislabel ingComposition: 3.66 d Misbrand ing or mislabelingNature: 3.66 i Misbranding or mislabelingQuality.
Using, in connection with offer, etc., in interstate commerce or in District of Columbia, of flavoring compounds, food stuffs, toilet articles and novelties, the words orange, lemon, maple, and alnjgnd, in combination or connec tion with the word extract, until and unless the product is composed of genu ine ingredients, as distinguished from synthetic chemical substitutes, and such ingredients are suspended in ethyl al cohol, or designating any so-called food flavors as extracts until and unless they are genuine extracts dissolved and car ried in alcoholic solution, or representing that cheap, inferior ingredients con tained in flavoring preparations are of high quality or purest and finest, 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, Averbach Company, Inc., et al., Docket 3342, September 11, 1939
3.6 w Advertising falsely or mis leadinglyRefunds: 3.72 k3 Offering deceptive inducements to purchaseRe turns and reimbursements. Represent ing, in connection with offer, etc., in interstate commerce or in District of Columbia, of flavoring compounds, food stuffs, toilet articles and novelties, that a special account of $3,000 or any other amount represented to be used to cover refunds for returned Maid-O-Best prod ucts is deposited in the Western State Bank of St. Paul, Minnesota, or in any other financial institution, until and un less said sum be actually deposited and maintained on deposit in such bank or other financial institution and there kept available in liquid form for the said pur pose, 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, Averbach Company, Inc., et al., Docket 3342, September 11,1939
3.6 g Advertising falsely or mis leadinglyEarnings: 3.72 c Offering deceptive inducements to purchaseEx cessive earnings: 3.80 g Securing agents or representatives falsely or mis leadinglyEarnings. Representing, in
FEDERAWPEGISTEB

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Published by the Division of the Federal Register, The National Archives, pursuant to the authority contained in th e Federal Register Act, approved July 26, . 1935 49
Stat. L. 500, under regulation prescribed by the Administrative Committee, with the approval of the President.
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Correspondence concerning the publica tion of the F ederal R egister should be ad dressed to the Director, Division of the Federal Register, The National Archives, Washington, D. C.

CONTENTSContinued Securities and Exchange Commis sionContinued. /
Page Listing and registration hear ingsContinued.
Virginia Iron, Coal &Coke Co_ 4067
Nellie Meda Gold Mines, listing and registration application granted _____________ 4066

marked or stamped on or affixed to food flavoring or other products, sold in com bination deals or otherwise, or on the containers thereof, or through any other means or device or in any manner, that said prices so marked, stamped or af fixed are the regular or customary retail prices for such products, prohibited.
Sec. 5, 38 Stat. 719, as amended by Sec.
3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec.
45b tCease and desist order, Averbach Company, Inc., et al., Docket 3342, Sep tember 11, 1939
3.6 c Advertising falsely or mis leadinglyComposition of goods: 3.6
n 2 Advertising falsely or mislead inglyNatureProduct: 3.6 u Adver tising falsely or misleadinglyQuality:
3.6 if 10 Advertising falsely or mislead inglyUnique nature or advantages:
3.66 a Misbranding or mislabeling Composition: 3.66 d Misbranding or mislabelingNature. Using, in connec tion with offer, etc., in interstate com merce or in District of Columbia, of flavoring compounds, food stuffs, toilet articles and novelties, the term vanilla extract to describe a flavoring product, unless prepared with a vehicle of ethyl alcohol and containing a flavoring con tent at least fifty per cent of which shall consist of true vanilla made from the vanilla bean, or representing that re spondents so-called vanilla extract has no equal for quality, or that it is the
connection with offer, etc., in interstate commerce or in District of Columbia, of flavoring compounds, food stuffs, toilet articles and novelties, that it is easy for agents or representatives to earn up to $15 or any other sum of money per day in selling respondents products, unless and until the sum named is a true rep resentation of the average net earnings or profits consistently made by respond ents agents or representatives in the ordinary course of business under normal conditions and circumstances, 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, Averbach Company, Inc., et al., Docket 3342, Sep tember 11, 1939
3.6 i Advertising falsely or mis leadinglyFree goods or service: 3.6
ee Advertising falsely or misleadingly Terms and conditions: 3.72 e Offering deceptive inducements to purchaseFree goods: 3.72 nl Offering deceptive in ducements to purchaseTerms and con ditions. Representing, designating or de scribing, in connection with offer, etc., in interstate commerce or in District of Co lumbia, of flavoring compounds, food stuffs, toilet articles and novelties, articles of merchandise regularly included in a combination offer with other identical, similar, or other articles of merchandise as free, included free, or any other term of similar import orrmeaning, or using word free to describe or refer to goods, wares, or merchandise forming a part of any combination offer, unless all of the terms and conditions of such offer are clearly and unequivocally stated in immediate connection or conjunction with the word free in words, letters, or figures of equal conspicuousness and there is no deception as to the price, quality, character, or any other feature of any items in the offer, 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, Averbach Company, Inc., et al., Docket 3342, Sep tember 11, 1939
3.6 dd!> Advertising falsely or mis leadinglySpecial offers: 3.72 n Of fering deceptive inducements to pur chaseSpecial offers. Representing, in connection with offer, etc., in interstate commerce or in District of Columbia, of flavoring compounds, food stuffs, toilet articles and novelties, that so-called special offers or special deals are limited to a given period of time or to a given number of persons, if in truth and in fact the prices stated in such offers and deals are the regular, usual, and cus tomary prices at which the products therein mentioned are offered for sale, prohibited. Sec. 5, 36 Stat. 719, as amended by Sec. 3, 52 Stat. 112; 15
U.S.C., Supp. IV, sec. 45b Cease and desist order, Averbach Company, Inc., et al., Docket 3342, September 11, 1939
United States of AmericaBefore Federal Trade Commission At a regular session of the Federal Trade Commission, held at its office in