Federal Register - May 3, 1941
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Source: Federal Register
FEDERAL REGISTER, Saturday, May 3, 1941
Civil Aeronautics Act of 1938 52 Stat.
973.
This order shall take effect ninety days after date hereof.
F ranklin D R oosevelt T he W h it e H ouse ,
May 1, 1941.
No. 87491
F
R. Doc. 41-3242; Filed, May 2, 1941;
12:07 p. m.
Rules, Regulations, Orders TITLE 16COMMERCIAL PRACTICES
CHAPTER IFEDERAL TRADE
COMMISSION
Docket No. 3561
P art 3D igest op C ease and D esist O rders IN THE MATTER OF ASSOCIATED NEWS
PHOTOGRAPHIC SERVICE, INC., ET AL
3.69 a 7.7 Misrepresenting one self and goodsBusiness status, advan tages or connectionsIndividual or private corporation as press or news affili ate: 3.72 nlO Offering deceptive in ducements to purchaseTerms and conditions: 3.96 b 2.4 Using mis leading nameVendorIndividual or private business as press or news service organization. In connection with the so licitation of permission to make photo graphs or the offering for sale, sale, or distribution of photographs and photo graphic prints in commerce, and on the part of respondents Associated News Photographic Service, Inc., Blackstone Studios, Inc., Leo Fried and William Sha piro, their representatives, etc., 1
using the word News, or any other word or term of similar import or mean ing, in the corporate name of respondent Associated News Photographic Service, Inc., or as a part of any other trade or corporate name, to designate or describe a business which is principally that of selling photographic prints to persons photographed, and 2> representing or implying in any manner to any prospec tive customer that respondents, or any of them, are news or press photographers, or that any photograph solicited is for press or publicity purposes, unless such photograph is actually for immediate news or press use, prohibited. Sec. 5, 88 Stat. 719, as amended by sec. 3, 52
Stat. 112; 15 U.S.C., Supp. IV, sec. 45b Ceast and desist order, Associated News Photographic Service, Inc., et al., Docket 3561, April 22, 1941
In the Matter of Associated News Photo graphic Service, Inc., a Corporation, Blackstone Studios, Inc., a Corporation, and Leo Fried and William Shapiro, Individuals At a regular session of the Federal Trade Commission held at its office in
the City of Washington, D. C., on the 22nd day of April, A. D. 1941.
This proceeding having been heard1
by the Federal Trade Commission upon the complaint of the Commission, the answer of respondents, testimony and other evidence in support of the allega tions of said complaint and in opposition thereto taken before examiners of tne Commission theretofore duly designated by it, report of the trial examiner and exceptions thereto, briefs in support of the complaint and in opposition thereto, and oral arguments of counsel; and the Commission having made its findings as to the facts and its conclusion that said respondents have violated the provisions of the Federal Trade Commission Act:
It is ordered, That respondents Associ ated News Photographic Service, Inc., a corporation, Blackstone Studios, Inc., a corporation, Leo Fried and William Shapiro, individuals, either jointly or sev erally, and their representatives, agents and employees, directly or through any corporate or other device, or by impli cation, in connection with the solicita tion of permission to make photographs or the offering for sale, sale, or distribu tion of photographs and photographic prints in commerce as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from:
1 Using the word News, or any other word or term of similar import or meaning, in the corporate name of re spondent Associated News Photographic Service, Inc., or as a part of any other trade or corporate name, to designate or describe a business which is principally that of selling photographic prints to persons photographed;
2 Representing or implying in any manner to any prospective customer that respondents, or any of them, are news or press photographers, or that any photo graph solicited is for press or publicity purposes, unless such photograph is actu ally for immediate news or press use.
It is further ordered, That respond ents shall, within sixty 60 days after the 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. J ohnson , Secretary.
F. R. Doc. 41-3233; Filed, May 2, 1941;
11:45 a. m.
Docket No. 3972
P art 3D igest op C ease and D esist O rders in th e matter of d . d . d . corporation
3.6 t Advertising falsely or mis leadinglyQualities or properties of product: 3.6 x Advertising falsely or 13 F.R. 2792.
2253
misleadingResults: 3.6 ylO Adver tising falsely or misleadinglyScien tific or other relevant facts. Disseminat ing, etc., in connection with offer, etc., of respondents D. D. D. Prescription, or any other substantially similar medicinal preparation, any advertisements 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 preparation, which advertisements represent, directly or through inference, that respondents said preparation is a cure or remedy for eczema, or for pimples or hives, or has any therapeutic value in the treatment thereof in excess of affording temporary relief from the symptom of itching; that it has any therapeutic value in the treat ment of any disorder of the skin caused by internal or systemic conditions in ex cess of affording temporary relief from the symptom of itching, or of blotches or rashes appearing on the skin, when due to systemic or constitutional condi tions, or of athletes foot, insect bites and cases of ivy and oak poisoning, in ex cess of that afforded by temporary alle viation of the symptom of itching, or that afforded by the use of an antipruritic, astringent, antiseptic, and mildly germi cidal agent; or which advertisements represent, directly or through inference, through the use of the words and other externally caused skin eruptions, or other words or phrases of similar import or meaning, in connection with diseases or conditions which may be of a systemic or internal origin, that such diseases and conditions are, in fact, solely of external origin or that respondents preparation has therapeutic value in the treatment of such diseases and conditions, regard less of their origin, or, through the use of the words stop itching or other words or phrases of similar import or meaning, that respondents preparation will either permanently or temporarily eliminate the disease or condition caus ing the symptom of itching or has any therapeutic value in excess of that af forded by the temporary alleviation of the symptom of itching, or that afforded by the use of an antipruritic, astringent, antiseptic, and mildly germicidal agent;
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, D. D. D. Corporation, Docket 3972, April 19, 1941
At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 19th day of April, A. D. 1941.
This proceeding having been heard1
by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondent, testimony and other evidence taken before Lewis C. Russell, an examiner of the Commis sion theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, 5 F JR. 1604.