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FEDERAL REGISTER, Tuesday, June 6, 1939
ing success is greater than that of one who works for a salary, unless and until such fact is established by authentic and reliable statistics, 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, Elite Publishing Company, Docket 3521, May 25, 1939
3.6 ee Advertising falsely or mis leadinglyTerms and conditions: 3.72
n 1 Offering deceptive inducements to purchaseTerms and conditions.
Representing, in connection with offer, etc., in commerce, of certain books de scribing plans or methods of setting up businesses, and known as Collection of Successful Business Plans and The Elite Collection of Successful Business Plans, that no peddling or house-tohouse canvassing is necessary, if in fact either is normally involved in the con duct of respondents plans, 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, Elite Publishing Company, Docket 3521, May 25, 1939
3.6 m 5 Advertising falsely or misleadinglyLegality or legitimacy.
Representing, in connection with offer, etc., in commerce, of certain books de scribing plans or methods of setting up businesses, and known as Collection of Successful Business Plans and The Elite Collection of Successful Business Plans, that the said plans are legiti mate, unless all of them are legitimate in the generally accepted sense of the word, prohibited. Sec. 5, 38 Stat. 719, as amended by Sec. 3, 52 Stat. 112; 15
UJS.C., Supp. IV, sec. 45b Cease and desist order, Elite Publishing Company, Docket 3521, May 25, 1939
3.6 1 Advertising falsely, or mis leadinglyIndorsements and testimo nials: 3.18 Claiming indorsements or testimonials falsely. Representing, in connection with offer, etc., in commerce, of certain books describing plans or methods of setting up businesses, and known as Collection of Successful Busi ness Plans and The Elite Collection of Successful Plans, that the plans have been approved, unless and until a they have been approved by a reputable independent person or agency or or ganization qualified to pass judgment on such matters, or b the name of the person by whom they have been ap proved is disclosed, 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, Elite Publishing Company, Docket 3521, May 25, 9139
United States of AmericaBefore 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 25th day of May, A. D. 1939.
Commissioners:
Robert E. Freer, Chairman; Garland S. Ferguson, Charles
H. March, Ewin L. Davis, William A.
Ayres.
I n th e M atter of S teven V. G im in o , and An th o n y V. G im in o , I ndividuals T rading and D oing B u sin ess U nder the N ame and S ty le of E l ite P ublishing C ompany order to cease and desist
This proceeding having been heard1
by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondents, and a stipu lation as to the facts entered into be tween the respondents herein and W. T.
Kelley, Chief Counsel for the Commission, which provides, among other things, that the Commission may proceed upon the facts stipulated to make its report, stat ing its findings as to the facts including inferences which it may draw from the said stipulated facts and its conclusion based thereon, and enter its order dispos ing of the proceeding without presenta tion of argument or the filing of briefs, and the Commission having made its findings as to the facts and conclusion that said respondents have violated the provisions of the Federal Trade Commis sion Act;
It is ordered, That the respondents, Steven V. Gimino and Anthony V.
Gimino, their agents and employees, di rectly or through any corporate or other device, in connection with the of fering for sale, sale and distribution of certain books describing plans or meth ods of setting up businesses now known as Collection of Successful Business Plans,.and The Elite Collection of Suc cessful Business Plants, whether sold under those names or under any other names, in commerce as commerce is de fined in the Federal Trade Commission Act, do forthwith cease and desist from:
1 Representing any specified sum of money as possible earnings or profits which might accrue to purchasers of respondents books or publications by following one or more of the plans suggested therein, which is not a true representation of the average net earn ings or profits consistently made by pur chasers by said means in the ordinary course of business and under normal conditions and circumstances;
2 Representing any specified sum of money as earnings or profits which have accrued to any purchaser of said books or publications, who has followed one or more of the plans suggested therein, which is not a true representation of the consistent net earnings by such purchas ers by said means in the ordinary course of business and under normal condi tions and circumstances;
3 Representing or holding out by the use of such expressions as Inde pendent Wealth, Sizable Business, Thousands of Dollars a Year, and words of like or similar import, that pur13 F.R. 2523 DI.

2271

chasers of said books will, by following one or more of respondents plans, at tain considerable financial worth unless such success has usually or customarily been attained by such purchasers under normal business conditions and in the due course of business;
4 Representing that any booklet, folder, circular, or the like, describes plans for independent business ventures, unless and until it does in fact describe such plans;
5 Representing that the chance of a person starting an independent busi ness achieving success is greater than that of one who works for a salary, un less and until such fact is established by authentic and reliable statistics;
6 Representing that no peddling or house-to-house canvassing is necessary, if in fact either is normally involved in the conduct of respondents plans;
7 Representing that the said plans are legitimate, unless all of them are legitimate in the generally accepted sense of the word;
8 Representing that the plans have been approved, unless and until a they have been approved by a reputable independent person or agency or organ ization qualified to pass judgment on such matters, or b the name of the person by whom they have been ap proved is disclosed;
9 Representing that the use of the plans or any of them is certain to result in financial gain or may be undertaken without risk of loss.
It is further ordered, That the respon dents shall, within sixty 60 days after service upon them of this 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.
seal
O t is B. J ohnson , Secretary.
F. R. Doc. 39-1926; Filed, Ju n e 5, 1939;
10:14 a. m.

TITLE 17COMMODITY AND SECU
RITIES EXCHANGES
SECURITIES AND EXCHANGE
COMMISSION
P ublic U t il it y H olding C ompany A ct of
1935

ADOPTION OF RULE U -13-4

Acting pursuant to the authority granted to it by the Public Utility Hold ing Company Act of 1935, especially Sec tions 13 b and 20 a thereof C. 687, sec. 13, 49 Stat. 825; 15 U.S.C., Sup. IH, 79m: c. 687, sec. 20, 49 Stat. 833; 15
UJS.C., Sup. HI, 79t, and finding such action necessary and appropriate in the public interest and for the benefit of in vestors, the Securities and Exchange