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FEDERAL REGISTER, Wednesday, February 1, 1939

484

any other preparation composed of like of similar ingredients or having the same properties under whatever name sold, in interstate commerce or in the District of Columbia, do forthwith cegjse and desist from:
1 Representing that Cal-A-Mo is a reducing preparation containing ingredi ents which will get rid of excess fat or that by the use of Cal-A-Mo the user will be enabled to bathe off excess fat or float fa t away;
2 Representing th at Cal-A-Mo dis solves fat or th at it penetrates the pores of the skin in such a manner as to cause loss of fat and reduction in weight, or th at Cal-A-Mo contains any ingredient which has a medicinal or therapeutic .value or effect in reducing weight or con tains any ingredient which affects the metabolism of fat;
3 Representing that the use of CalA-Mo is harmless in all cases;
4 Representing, by the use of the word Laboratories or any other term of similar meaning or like import as a part of his trade name, or in any other man ner, that, he owns, operates or maintains a laboratory for the purpose of manu facturing, testing or experimenting with his said preparation Cal-A-Mo until and unless he actually owns and operates or directly and absolutely controls a labora tory for said purposes;
5 Making any other similar repre sentations of like import or effect as to the therapeutic or medicinal value of said preparation Cal-A-Mo or the benefits ac cruing from the use thereof.
It is further ordered, That the respond ent Guy J. Banta, an individual trading and doing business under the name and style of Cal-A-Mo Laboratories, shall within sixty days after service upon him of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with the order hereinabove set forth.
By the Commission.
seal O tis B. J ohnson , Secretary.
P. R. Doc 39-352; Filed, January 31, 1939;
10: 10 a. m.

Docket No. 3240

I n the M atter of N ational S cientific P roducts C ompany S ec. 3.6 t Advertising falsely or misleadinglyQualities or properties of product. Representing directly, or in any manner, in connection with offer, etc., in interstate Commerce or in Dis trict of Columbia of Prostories me dicinal preparation or any other prep aration with substantially similar in gredients or therapeutic properties, that said preparation is remedy or cure, or
competent and effective treatment, for prostatitis or any other infections, dis eases, or disorders of prostate gland; is stimulant for prostate gland; will re store, stimulate, or increase potency or sex power; or is remedy or cure, or com petent and effective treatment, for impotency, prohibited. Sec. 5b, 52 Stat.
112; 15 U. S. C., Supp. IV, sec. 45b Cease and desist order, National Scien tific Products Company, Docket 3240, January 19, 1939
United States of AmericaBefore Federal Trade Commission
3 Will restore, stimulate, or increase potency or sex power;
4 Is a remedy or cure, or a com petent and effective treatment, for impotency.
It is further ordered, That the re spondent shall, within sixty days after service upon him of this order, file with the Commission a report in writing, set ting forth in detail the manner and form in which he has complied with this order.
By the Commission.
seal O tis B. J ohnson , Secretary.

At a regular session of the Federal Trade Commission, held at its office in F.
the City of Washington, D. C., on the 19th day of January, A. D. 1939.
Commissioners: Robert E. Freer, Chairmkn; Garland S. Ferguson, Charles H. March, Ewin L. Davis, William A.
Ayres.
In I n the M atter of H arland L. H erb, an
R. Doc. 39-353; Filed, January 31, 1939;
10:10 a. m.

Docket No. 3253
th e
M atter of N ational S ales &
N ovelty C ompany
I ndividual, T rading as N ational S cien
S ec. 3.99 b Using or selling lottery tific P roducts C ompany devicesIn merchandising. Supplying, ORDER TO CEASE AND DESIST

etc., in connection with offer, etc., in in terstate commerce or in District of Co lumbia, of radio receiving sets or any other merchandise, push or pull cards, punchboards, or other lottery devices, to enable persons supplied, to dispose of or sell such or Similar products by use there of, prohibited. Sec. 5b, 52 Stat. 112, 15
U. S. C., Supp. IV, sec. 45b Cease and desist order, National Sales & Novelty Company, Docket 3253, January 17,19391
S ec. 3.99 b Using or selling lottery devicesIn merchandising. Mailing, etc., in connection with offer, etc., in inter state commerce or in District of Columbia, of radio receiving sets or any other mer chandise, to respondents agents and to distributors or to members of the public push or pull cards, punchboards, or other lottery devices so prepared or printed as to enable said persons to sell or distribute such or similar products by use thereof, prohibited. Sec. 5b, 52 Stat. 112, 15
U. S. C., Supp. IV, sec. 45b Cease and desist order, National Sales & Novelty Company, Docket 3253, January 17,19391
S ec. 3.99 b Using or selling lottery devicesIn merchandising. Selling, etc., in connection with offer, etc., in inter state commerce or in District of Colum bia, of radio receiving sets, or any other merchandise, such or similar products by use of push or pull cards, punchboards, or other lottery devices, prohibited.
Sec. 5b, 52 Stat. 112, 15 U. S. C., Supp.
IV, sec. 45b Cease and desist order, National Sales & Novelty Company, Docket 3253, January 17, 1939

This proceeding having been heard1 by the Federal Trade Commission upon the complaint of the Commission, the answer of respondent, testimony and other evi dence taken before Arthur F. Thomas, an examiner of the Commission there tofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, brief filed herein by Carrel F. Rhodes, counsel for the C om m issio n , respondent having waived the filing of brief and not having re quested oral argument and the Com mission having made its findings as to the facts and its conclusion th at said respondent has violated the provisions of the Federal Trade Commission Act;
It is ordered, That the respondent, Harland L. Herb, individually and trading as National Scientific Products Company, or trading under any other name, his agents, representatives, and employees, directly or through any device, in con nection with the offering for sale, sale and distribution in interstate commerce or in the District of Columbia of a medi cinal preparation now known as Pros tories or any other preparation con taining substantially similar ingredients or possessing substantially similar thera peutic properties, whether sold under that name or any other name, do forth with cease and desist from:
Representing directly, or in any m an ner, that said preparation 1 Is a remedy or cure, or a com petent and effective treatment, for pros United States of AmericaBefore tatitis or any other infections, diseases, Federal Trade Commission or disorders of the prostate gland;
At a regular session of the F ederal 2 Is a stimulant for the prostate Trade Commission, held at its office in gland;
the City of Washington, D. C., on the 17th day of January, A. D. 1939.
13 F. R. 1095 DI.