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806

FEDERAL REGISTER, Wednesday, February 28, 1940

FEDERAREGISTEB
Published dally, except Sundays, Monday, and days following legal holidays by the Division of the Federal Register, The National Archives, pursuant to the authority con tained In the Federal Register Act, approved July 26, 1935 49 Stat. 500, under regula tions prescribed by the Administrative Com mittee, approved by the President.
The Administrative Committee consists of the Archivist or Acting Archivist, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer.
The dally Issue of the F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.25 per month or $12.50 per year; single copies 10 cents each; payable In advance. Remit money order payable to the Superintendent of Documents directly to the Government Printing Office, Washington, D. C.

of the respondent and a stipulation as to the facts entered into between the respondent herein and W. T. Kelley, Chief Counsel for the Commission, which provides, among other things, that with out further evidence or other interven ing procedure, the Commission may issue and serve upon the respondent herein 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 conclusion that said respondent has violated the provisions of the Federal Trade Commission Act;
It is ordered, That the respondent, Af filiated Products, Inc., its officers, repre sentatives, agents and employees, directly or through any corporate or other de vice, in connection with the offering for sale, sale and distribution of cosmetics in commerce as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from dissem inating or causing to be disseminated any advertisements by means of the United States mails, or in commerce as commerce is defined in the Federal Trade Commission Act by any means for the purpose of inducing, or which is likely to induce, directly or indirectly, the pur chase of cosmetics now designated by the names of Edna Wallace Hoppers Special Restorative Cream and Edna Wallace Hoppers White Youth Pack Clay or any other cosmetics composed of substan tially similar ingredients or possessing substantially similar properties, whether sold under the same names or any other name or names or disseminating or caus ing to be disseminated any advertise ment by any means for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in commerce as commerce is defined in the Federal Trade Commission Act of said cosmetics, 1 which advertisements represent, directly or through implica tion, that respondents cosmetic now des
ignated Edna Wallace Hoppers Special Restorative Cream is the discovery of a great French scientist; that its use will rejuvenate the skin or restore the oils of youth or restore youthful appearance to aged skin; that its use will make ones face appear ten or any number of years younger; that it will keep the skin young and prevent or erase wrinkles or age lines; or that it is a restorative cream;
2 which advertisements represent, di rectly or through implication, that re spondents product now designated Edna Wallace Hoppers White Youth Pack Clay is of French origin; that it will nourish or revive the skin; that said preparation will remove blackheads or eliminate enlarged pores or have any beneficial effect thereon other than that the use of this preparation may loosen blackheads and thereby aid in the re moval thereof, or 3 which advertise ments use the word Restorative, or any word or words of similar import or mean ing, in the trade name designating, or otherwise in describing, the preparation now designated Edna Wallace Hoppers Special Restorative Cream.
It 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 writ ing, setting forth in detail the manner and form in which it has complied with this order.
By the Commission.
seal O t i s B. J o h n s o n , Secretary.
F. R. Doc. 40-820; Filed, February 27, 1940;
10:33 a. m.

TITLE 21FOOD AND DRUGS
CHAPTER IPOOD AND DRUG
ADMINISTRATION
S tandards U n d e r
the
T ea A c t
Pursuant to the authority of sections 2 and 3 of the Federal Tea Act 29 Stat.
604; 35 Stat. 163; as amended 41 Stat.
712; 21 U.S.C. 41, the following stand ards prepared and submitted by the Board of Tea Experts are hereby fixed and established as standards under the Tea Act for the year beginning May 1, 1940, and ending April 30, 1941. Section 170.19 b is hereby amended to read as follows:
170.19 b The following standards prepared and submitted by the Board of Tea Experts are hereby fixed and estab lished as standards under the Tea Act for the year beginning May 1, 1940, and ending April 30, 1941:
1 Formosa Oolong.
2 Formosa Black.
3 Congou.
4 Java to be used for all fully fermented teas excepting China, Japan, and Formosa.
5 Japan Black.
6 Japan Green.

7 Japan Dust.
8 Gunpowder to be used for all China green teas.
9 Scented Canton to be used for all scented teas.
10 Canton Oolong.
These standards apply to tea shipped from abroad on or alter May 1, 1940.
Tea shipped prior to May 1, 1940, will be governed by the standards which became effective May 1, 1939.
sea l H. A. W allace , Secretary of Agriculture.
F e b r u a r y 27, 1940.
F. R. Doc. 40-821; Filed, February 27, 1940
10:49 a. m.

In
M a t t e r o f P u b l ic H e a r in g R el
t o R e g u l a t io n , F ix i n g and E s
t a b l is h in g U n d e r I t s C o m m o n or U s u a l N a m e a R e a s o n a b l e D e f in it io n a nd S tandard o f I d e n t it y f o r E ach o f t h e C a n n e d F o o d s P r epa r ed F rom O n e o r a n y M ix t u r e o f T w o or M ore o f C e r t a in V e g e t a b l e s F . D . C .-8
the
a t iv e
order
p r o m u l g a t in g
r e g u l a t io n
for
EACH OF CERTAIN CANNED FOODS PRE
PARED FROM CERTAIN SUCCULENT VEGE
TABLES AND SETTING FORTH FINDINGS
FROM WHICH IT IS DETERMINED NOT TO
PROMULGATE SUCH REGULATIONS FOR
CANNED FOODS PREPARED FROM MIXTURES
OF TWO OR MORE OF SUCH VEGETABLES

Pursuant to, and under and by virtue of, the authority and direction of the Federal Food, Drug, and Cosmetic Act 52 Stat. 1040-1055; 21 U.S.C. Supp.
IV 301-392; Sec. 401, 52 Stat. 1046; 21
U.S.C. 341; Sec. 701 a e, 52 Stat.
1055; 21 U.S.C. Supp. IV 371 a e, and based upon substantial evidence of record at the hearing in the aboveentitled matter,1 detailed findings of fact are made, as follows:
Findings of Fact 1. Common or usual names. That the names whereby canned vegetables are herein designated are the common or usual names thereof. That the common or usual name of each of the forms of vegetables herein specified as optional vegetable ingredients is the name or names whereby such form is herein des ignated; except that halved is a syno nym of halves, quartered of quar ters, sliced of slices, diced of dice, whole kernel of whole grain, cream style of crushed, spears of stalks, cutstips removed of bot tom cuts, French style and julienne and sliced lengthwise of shoestring in the cases of green beans and wax beans, French style and julienne of shoestring in the cases of beets, car rots, parsnips, and potatoes.
2. Succulent vegetables. That when each vegetable for which a definition and standard of identity is herein prescribed is canned it is in the succulent state and is of sufficient size to be suitable and use4 F it. 2156, 3610.