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2352

FEDERAL REGISTER, Friday, June 9, 1939

FEDERALREGISTER
3

y
Published by th e D ivision o f th e Federal Register, The National Archives, pursuant to th e authority contained in th e Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by th e Adm inistrative Committee, w ith th e approval of th e President.
The Adm inistrative Com m ittee consists of th e Archivist or Acting Archivist, an officer o f th e Department of Justice designated by th e Attorney General, and th e Public Printer or Acting Public Printer.
T he daily issue of the F ederal R egister w ill be furnished by m ail to subscribers, free o f postage, for $1 per m onth or $10 per year;
single copies 10 cents each; payable in ad vance. Rem it by m oney order payable to Superintendent of Docum ents, Government P rinting Office, W ashington, D. C.
Correspondence concerning th e publica tion of th e F ederal R egister should be ad dressed to th e Director, D ivision o f th e Federal Register, The National Archives, W ashington, D. C.

with offer, etc., in interstate commerce or in District of Columbia, of product sold as Aratone or Sinozone, through the use of the word Laboratory or any other term of similar meaning or like import as a part of respondents name, or in any other manner, or through any other means or devices, that respondent conducts, operates or maintains a lab oratory for the purpose of m anufactur ing, testing or experimenting with the preparation sold by him, until and unless respondent actually owns and operates or directly and absolutely controls a lab oratory for said purpose, 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, Techni cal Laboratories, etc., Docket 3435, May 31, 1939
United States of AmericaBefore Federal Trade Commission
At a regular session of the Federal Trade Commission held at its office in the City of W ashington, D. C., on the 31st day of May, A. D. 1939.
Commissioners: R o b e r t E. Freer, in which he has complied with this order. Chairman; Garland S. Ferguson, Charles H. March, Ewin L. Davis, William A.
By the Commission.
Ayres.
seal
O tis B . J o h n so n , I n th e M atter o f H. F. A l l e n , an I n
Secretary.
F. R. Doc. 39-1985; FUed, June 7, 1939;
2:12 p. m.

dividual
T rading
ratories and as C om pany
as T echnical L abo
T echnical P roducts
ORDER TO CEASE AND DESIST
Docket No. 3435
In
the
M atter
of
tories ,
T echnical L abora E tc .

3.6 t Advertising falsely or mis leadinglyQualities or properties of product: 3.6 x Advertising falsely or misleadinglyResults: 3.6 y Ad vertising falsely or misleadinglySafety.
Representing, in connection with offer, etc., in interstate commerce or in Dis trict of Columbia, of products sold as Aratone or Sinozone, that said, or any similar, preparation is a competent and safe remedy, cure or treatm ent for nasal catarrh, hay fever, asthma or colds; or is healing; or will prevent or cure nasal irritation; or will aid in pre venting poisons being carried from the nasal passage into the rest of the body;
or will flush out impurities contained in the nasal passages; or that its use is harmless, or that it has any medicinal or therapeutic value in the treatm ent of catarrh, hay fever, asthma or colds other than as a palliative remedy to afford temporary relief; 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, Technical Labo ratories, etc., Docket 3435, May 31, 1939
3.6 a 22 Advertising falsely or misleadinglyBusiness status, advan tages or connections of advertiserPro ducer status of dealerLaboratory:
3.96 b 5 Using misleading name VendorProducer or laboratory status of dealer. Representing, in connection
is healing; that it will prevent or cure nasal irritation; that it will aid in pre venting poisons being carried from the nasal passage into the rest of the body;
that it will flush out impurities con tained in the nasal passages; that its use is harmless, or that said prepara tion has any medicinal or therapeutic value in the treatm ent of catarrh, hay fever, asthm a or colds other than as a palliative remedy to afford temporary relief;
2 Representing through the use of the word Laboratory or any other term of similar meaning or like import as a part of his trade name, or in any other manner, or through any other means or devices, that he conducts, operates or m aintains a laboratory for the purpose of manufacturing, testing or experi menting with the preparation sold by him, until and unless he actually owns and operates or directly and absolutely controls a laboratory for said purposes.
I t is further ordered, That the re spondent H. F. Allen, an individual, shall, within ten 10 days after service upon him of this order, file with the Commission an interim report in writ ing stating whether he intends to comply with this order, and if so, setting forth in detail the manner and form in which he intends to comply; and that within sixty 60 days after the service upon him of this order, said respondent shall file with the Commission a report in writing setting forth in detail the man ner and form in which he has complied with this order.
By the Commission.

This proceeding having been heard1
by the Federal Trade Commission upon the complaint of the Commission, to which no answer was filed, testimony seal
O t is B . J ohnson , and other evidence taken before Charles Secretary.
P. Vicini, an examiner of the Commis F. R. Doc. 39-1986; FUed, June 7, 1939;
sion, theretofore duly designated by it, 2:12 p. m.
in support of the allegations of said complaint and in opposition thereto, and brief in support of the complaint filed Docket No. 3477
herein, and the Commission having made its findings as to the facts and its conclu I n the M atter of M ason , A u & M agension that said respondent has violated heim er C o nfectionery M anufacturing the provisions of the Federal Trade C om pany Commission Act;
3.99 b Using or selling lottery de It is ordered, That respondent, H. F.
Allen, an individual, individually and vicesIn merchandising. Selling, etc, trading as Technical Laboratories and in connection with offer, etc., in com Technical Products Company, or trad merce, of candy or any other merchan ing under any other name, his repre dise, candy so packed and assembled that sentatives, agents and employees, in sales of such candy to the general public connection with the offering for sale, are to be made or may be made by means sale and distribution of Aratone or of a lottery, gaming device or gift enter Sinozone in interstate commerce, or prise, prohibited. Sec. 5, 38 Stat. 719, as in the D istrict of Columbia, do forthwith amended by Sec. 3, 52 Stat. 112; 15 U.S.C., Supp. IV, sec. 45b Cease and desist cease and desist from:
order, Mason, Au & Magenheimer Con 1
Representing that the preparafectionery Manufacturing C o m p a n y , tion now designated as Aratone and Docket 3477, May 31, 19391
Sinozone or any other preparation 3.99 b Using or selling lottery de composed of the same or sim ilar in vicesIn merchandising. S u p p l y i n g , gredients, and possessing similar prop etc, in connection with offer, etc, in erties under whatever name sold, is a commerce, of candy or any other mer competent and safe remedy, cure or chandise, dealers with packages or as treatm ent for nasal catarrh, hay fever, sortments of candy which are to be used, asthma or colds; that said preparation or many be uséd, to conduct a lottery, gaming device or gift enterprise in the 13 F JR. 2266 DL
sale or distribution of candy, or any other