Federal Register - January 18, 1939
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Source: Federal Register
260
F E D E R A L R E G IS T E R , Wednesday, January 18, 1939
F E D E R A L fp E G IS T E R
v,,34
Published by the Division o f the Federal Register, The National Archives, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by the Administrative Committee, with the approval of the President.
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I t is ordered, That the said order to cease and desist be, and the same hereby is, modified to read as follows:
I t is ordered, That the respondent, Willard Tablet Company, Inc., its o f ficers, representatives, agents and em ployees, directly or through any cor porate or other device, in connection with the offering for sale, sale and dis tribution of a medicinal preparation designated as Willard Tablets , and literature containing certain standard ized dietary and hygienic advice re ferred to jointly with such preparation as the Willard Treatment , or any other preparation or treatment of sub stantially the same composition and in gredients, sold under the above-men tioned names or any other names, in interstate commerce or in the District of Columbia, do forthwith cease and de sist from representing, directly or in directly:
a That such preparation and treat ment constitute a competent and ade quate remedy or cure for stomach and duodenal ulcers which are due to or per sist because of an excess acid condition;
b That such preparation will do more than neutralize excess acid in the stomach and produce a soothing effect on the irritations in the stomach caused thereby and temporarily relieve the symptoms of distress due to an excess acid condition;
c That such preparation when used with such treatment will do more than provide relief from the symptoms of dis tress caused by an excess acid condition and by stomach and duodenal ulcers, which are due to or persist because of excess acid, unless such representation also states that any benefit obtained other than such relief will be variable depending on the individuals reaction
to such preparation and such standard ized treatment;
d That such preparation and treat ment will provide definite relief , un less such statement is qualified by the phrase from symptoms of distress in equally conspicuous terms in direct connection with such representation;
e That such preparation and treat ment are remarkable or marvelous ;
f That such preparation is com pounded from an unique formula;
g That such treatment is more de pendable than any other treatment for correcting the aforesaid ailments and conditions of the human body.
tervening procedure and further hearing 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;
I t is ordered, That respondents, Leopold Levoy and Nathan C. Blacher, individu ally and trading as Sunbeam Labora tories, or trading under any other name, their representatives, agents and employees, directly or through any cor porate or other device, in connection with the offering for sale, sale and distri bution of a cosmetic preparation for use on finger nails now known as Nailife , whether sold under that name or under any other name, in interstate commerce or in the District of Columbia, do forth with cease and desist from:
I t is further ordered, That the re spondent shall, within sixty 60 days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and 1. Representing that said preparation form in which it has complied with this is beneficial for dry or splitting nails.
order.
2. Representing that said preparation is the perfect nail food.
By the Commission.
3. Representing that Nailife is a seal O t is B. J o h n s o n , scientific preparation which will trans Secretary.
form irregular, broken nails into wellF. R. Doc. 39-195; Filed, January 17, 1939; formed, symmetrical ones.
9:13 a. m.
4. Representing that said preparation will make nails strong and healthy.
Docket No. 3267
I n t h e M a tter o f S u n b e a m L abo r ato r ies
I t is further ordered, That the re spondents shall, within sixty 60 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 t is B. J o h n s o n , Secretary.
S e c . 3.6 t
Advertising falsely or mis leadingly Qualities or properties of product. Representing, in connection with sale, etc., in interstate commerce or in the District o f Columbia, of cosmetic preparation Nailife , for use on finger nails, that said preparation is beneficial for dry or splitting nails; is the perfect Filed, January 17, 1939;
nail food; is scientific preparation which F. R. Doc. 39-196;
9:13 a.m .
will transform irregular, broken nails into well-formed, symmetrical ones; and will make nails strong and healthy; pro Docket No. 3433
hibited. Sec. 5b, 52 Stat. 112; 15 U. S.
C., Supp. IV, sec. 45b Cease and I n t h e M a t t er o f L a P e r l a V in e y a r d C o m p a n y et a l .
desist order, Sunbeam Laboratories, Docket 3267, January 5, 1939
S e c . 3.6 a 22
Advertising falsely
United States of America Before Federal Trade Commission At a regular session of the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 5th day of January, A. D. 1939.
Commissioners:
Robert E. Freer, Chairman; Garland S. Ferguson, Charles H. March, Ewin L. Davis, W illiam A.
Ayres.
In
t h e M a t t er o f L e o p o l d L e v o y a n d N a t h a n C. B l a c h e r , I n d i v id u a l l y a n d T r a d in g as S u n b e a m L abo r a t o r ie s
ORDER TO CEASE AND DESIST
This proceeding having been heard1by the Federal Tr&de Commission upon the complaint of the Commission and the an swer of the 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 in13 F. R. 648 D I.
or misleadingly Business status, advan tages or connections of advertiser Pro ducer status of dealer D i s t i l l e r :
Grower: Manufacturer: S e c . 3.66 g Misbranding or mislabeling Producer status of dealer: S e c . 3.96 b 5 Using misleading name VendorProducer or laboratory status of dealer. Represent ing, in connection with offer, sale and distribution of wines, liquors and other alcoholic beverages, in interstate com merce or in District of Columbia, through use of word distilling , or word vineyard , or any other word or words of like import, in corporate or trade name, etc., that respondents, or any of them, are distillers; or manufacture the said wines or alcoholic beverages; or own, operate or control a vineyard; or place where wines or other alcoholic beverages are manufactured; prohibited.
Sec. 5b, 52 Stat. 112; 15 U. S. C., Supp.
IV, sec. 45b Cease and desist order, La Perla Vineyard Company et al., Docket 3433, January 10, 1939