Federal Register - December 22, 1943
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Source: Federal Register
FE D E R A L R EG ISTER , Wednesday, December 22, 1943
Stat. 112; 15 T7.S.C., sec. 45b Cease and desist order, McPadden 3 Sisters Springs, Docket 4940, November 30,1943
At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 30th day of November, A. D. 1943.
In th e M atter o f Roy A. W hipple and Mrs. Ruth Carter W hipple, Trading as M cFadden 3 Sisters Springs This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of respondents, in which answer respondents admit all the material alle gations of fact set forth in said com plaint, and state that they waive all in tervening procedure and further hear ing as to said facts, and the Commission having made its findings as to the facts and conclusion that said respondents have violated the provisions of the Fed eral Trade Commission Act;
It is ordered, That respondents Roy A.
Whipple and Mrs. Ruth Carter Whipple, trading as McFadden 3 Sisters Springs, or under any other name or names, their representatives, agents and employees, directly or through any corporate or other device, in connection with the of fering for sale, sale or distribution of McFadden 3 Sisters Springs mineral wa ters or any other products of substan tially similar composition or possessing substantially similar properties, whether sold under the same name or any other name, do forthwith cease and desist from, directly or indirectly;
1. Disseminating, or causing to be dis seminated, by means of the United States mails, or by any means in commerce, as commerce is defined in the Federal Trade Commission Act,- any advertise ment which represents, directly or through inference:
a That the product designated as water from Spring No. 1 is a cure or remedy or constitutes an adequate or competent treatment for arthritis, neu ritis, rheumatism, Brights disease, dia betes, dropsy, pus in kidney, bladder and urethra, cystitis, enlarged prostate gland, paralysis, stones in kidneys and other urinary troubles, change of life and fe male irregularities, insomnia, anemia, nervous prostration, high or low blood pressure, gout, or hyperacidity.
b That the product designated as water from Spring No. 2 is a cure or remedy or constitutes an adequate or competent treatment for chronic consti pation, acute and chronic indigestion, catarrh of stomach and intestines, ex cessive acid, gastritis, ulcerated stomach, poor assimilation and elimination, stag nant or poor circulation, nervousness, high or low blood pressure, gall stones, or mucous colitis.
c That the product designated as water from Spring No. 3 is a cure or rem edy or constitutes an adequate or com petent treatment for flux, diarrhea, dysentery, cholera infantum diabetic sores, eczema, granulated and sore eyes, catarrh of.head and nose, or sinusitis.
Cd That the use of said mineral wa ters, or any of them, will eliminate poi sons from the system to any significant extent.
e That the use of said mineral wa ters, or any of them, will be effective in eliminating excess acids and impurities through the kidneys and bladder.
f That the use of said mineral wa ters or any of them, will maintain a proper balance of minerals in the body.
2.
Disseminating, or causing to be dis seminated, by any means, any advertise ment for the purpose of inducing, or which is likely to induce, directly or in
directly, the purchase in commerce, as commerce is defined in the Federal Trade Commission Act, of respondents products, which advertisement contains any of the representations prohibited in Paragraph 1 hereof and the respective subdivisions thereof.
It is fu rth er ordered, That the respond ents shall, within sixty 60 days after service upon them ofthis order, file with the Commission a report in writing set ting forth in detail the manner and form in which they have complied with this order.
By the Commission.
sea l
O ns B. J oh nson , Secretary.
F . R. Doc. 43-20260; Piled, December 21; 1943;
11:15 a. m .
Docket No. 4999 J
P art 3D igest of Cease and D esist Orders CHEMICALS OF THE SOUTH, ETC.
3.6 a 10 Advertising falsely or m is leadinglyCom parative d ata or m erits:
3.6 t Advertising falsely or m islead inglyQualities or properties o f product or service: 3.6 x Advertising falsely or m isleadinglyR esults: 3.6 y Ad vertising f a l s e l y or misleadingly S a fety : 3.71 c 5 Neglecting, un fairly or deceptively, to m ake m aterial disclosureQualities o r properties o f product. In connection with offer, etc., in commerce, of respondents products designated as Lo-Temp Anti-Freeze, Lo-Zone Anti-Freeze, and Bond Top Line Anti-Freeze, or any other similar product, representing directly or by im plication 1 that said products, or any of them, are safe and dependable anti freeze preparations for use in the cool ing systems of automobile engines;
2 that said products, or any of them, are superior types of antifreeze preparations; 3 that said products, or any of them, will protect the cooling system of automobile engines against corrosion, rust, or other deterioration;
4 that said products, or any of them, will not cause rust, corrosion, or other damage to the cooling systems of au tomobile engines, or damage to sUch en gines, or to radiators, of liose connec tions, or the exterior finish of automo biles; 5 that said products, or any of them, will not evaporate in use or clog passages in the cooling systems of auto mobile engines; and 6 that said prod ucts, or any of them, are antifreeze prepparations for use in the cooling systems of automobile engines without affirma tively disclosing in a clear and conspicu ous manner in immediate connection
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with such representation that said prep arations will rust and corrode the cool ing system of an automobile engine and may clog the passages in such system;
prohibited. Sec. 5, 38 Stat. 719, as amended by sec. 3, 52 Stat. 112, 15 U.S.C., sec. 45b Cease and desist order, Chemicals Of The South, etc., Docket 4999, December 3, 1943
At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 3rd day of December, A. D. 1943.
In th e M atter o f W heless W. G am bill, Jr., Russell M. Cam pbell, and M. Yuhas, Individuals Trading as C hem icals o f th e South, Tennessee Valley Associ a ted M arketers, Bond A nti-Freeze F a c tory, L o-T em p C hem ical W orks, an d Lo-Z one C hem ical W orks This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, answer Of the respondents, and a stipuation as to the facts entered into by and between counsel for the Commission and counsel for. the respondents which provides, among other things, that without further evidence or other intervening procedure the Commission may enter and serve upon respondents findings as to the facts and conclusion based thereon and an order disposing of the proceeding, and the Commission having made its findings as to the facts and its conclusion that the respondents have violated the provi sions of the Federal Trade Commission Act:
It is ordered, That the respondents W. Wheless Gambill, Jr., F. Russell Campbell, and Marie Yuhas, jointly or severally, trading as Chemicals of the South, Bond Anti-Freeze Factory, LoTemp Chemical Works, and Lo-Zone Chemical Works, or under any other name, and W. Wheless Gambill, Jr., trad ing as Tennessee Valley Associated Mar keters, or under any other name, their representatives, agents, and employees, directly or through any corporate or other device, in connection with the of fering for sale, sale, and distribution of their products designated as Lo-Temp Anti-Freeze, Lo-Zone Anti-Freeze, and Bond Top Line Anti-Freeze, or any other product of substantially sim ilar composition, whether sold under the same names or any other name or names, in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from repre senting, directly or by implication:
1. That said products, or any of them, are safe and dependable antifreeze prep arations for use in the cooling systems of automobile engines.
2. That said products, or any of them, are superior types of antifreeze prepara tions.
3. That said products, or any of them, will protect the cooling systems of auto mobile engines against corrosion, rust, or other deterioration.
4. That said products, or any of them, will not cause rust, corrosion, or other damage to the cooling systems of auto mobile engines, or damage to such en gines, or to radiators, or hose connec-