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FEDERAL REGISTER,
FE D E R A LR E G IST E R

n i y ?

Published dally, except Sundays, Mondays, and days following legal holidays by the Division o f 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 m ail 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.

CONTENTS Continued W ar Department:
Page Temporary restricted area between Portsmouth Harbor, N. H., and the Isle of Shoals____________________
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and usual retail price of said pencils is $1.50, or any other sums in excess of the price at which such pens and pencils are usually and customarily sold at retail, or that said pens are being sold at 59
cents and said pencils at 29 cents, or at any other specified prices, as an intro ductory offer for a limited plriod of time only, when the prices so quoted are the prices at which said pens and pencils are usually and customarily offered for sale and sold, 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, Howard Sales Company, etc., Docket 3514, July 24,19401
3.6 alO Advertising falsely or misleadingly Comparative data or m er its : 3.6 t Advertising falsely or mis leadingly Qualities or properties of prod uct: 3.6 u Advertising falsely o r misleadingly Quality. Representing, in connection with offer, etc., in com merce, of fountain pens and pencils, that said pens and pencils are of a quality and character different from or superior to pens and pencils offered fo r sale and sold by competitors at compa rable prices, or that said fountain pens hold 200 per cent more ink than any ordinary fountain pen on the market, 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, Howard Sales Com pany, etc., Docket 3514, July 24, 19401
3.6 h Advertising falsely or m is leadinglyF ictitiou s or misleading guar antees: 3.6 t Advertising falsely or misleadingly Qualities or properties of prod uct: 3.6 w Advertising falsely o r misleadingly Refunds, repairs and
Thursday, August 1, 1940

replacements: 3.6 ee Advertising falsely or misleadingly Terms and con ditions: 3.6 ee5 Advertising falsely or misleadingly T e s t s : 3.72 alO
O ffering deceptive inducements to par c h as e Adjustm ents and corrections :
3.72 k5 Offering deceptive induce ments to purchaseReplacement guar antee: 3.72 klO O ffering deceptive inducements to purchase Results guar antee: 3.72 nlO Offering deceptive inducements to purchase Terms and conditions. Representing, in connection with offer, etc., in bommeree, of fountain pens and pencils, that said pens have been tested and are guaranteed by the factory to be unbreakable for life, and that in case of breakage or other unsat isfactory service said pens will be re paired free of charge or exchanged for a new pen upon remittance to cover the cost of handling, postage and insurance, when any charge is made in excess of handling, postage and insurance costs, or that the sum of 25 cents charged pur chasers for replacement of broken or unsatisfactory pens covers only the cost of handling, postage and insurance, pro hibited. 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, Howard Sales Company, etc., Docket 3,514, July 24, 19401
3.66 a7 Misbranding or mislabel ingComposition. Representing, in con nection with offer, etc., in commerce, of fountain pens and pencils, through the use of the symbol 14K , or any other symbol, or any figures, letters or words of similar import and meaning, or other wise, that the point or nib of said pen is composed of 14-carat gold or gold of the fineness indicated by the symbol, figures, letters or words used, when such is not thé fact, 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, Howard Sales Company, etc., Docket 3514, July 24, 19401
3.6 r 1.5 Advertising falsely or misleadingly Prices Coupon, certifi cate, check, credit voucher, etc., values:
3.72 b Offering deceptive induce ments to purchase Coupon, certificate, check, credit voucher, etc., deductions in price. Representing, in connection with offer, etc., in commerce, of fountain pens and pencils, that certificates cut from newspaper advertisements of said pens and pencils are worth $4.41 or any other sum in connection with the purchase of such products, 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, Howard Sales Company, etc., Docket 3514, July 24, 19401

the City of Washington, D. C., on the 24th day o f July, A. D. 1940.
This proceeding haying been heard1
by the Federal Trade Commission upon the complaint of the Commission, the answer o f respondents, testimony and other evidence taken before John J.
Keenan, an examiner of the Commis sion theretofore duly designated by it, and briefs filed herein, no request for oral argument having been made, and the Commission having made its find ings as to the facts and its conclusion that the respondents have violated the provisions of the Federal Trade Com mission Act;
I t is ordered, That the respondents, William Vorunion and Benjamin Vorunion, doing business under the trade names of Howard Sales Company and Berwick Pen Company, their agents, em ployees and representatives, directly or indirectly, through any corporate or other device, or through the use of any other trade name or names, in connection with the offering for sale, sale and distribution o f fountain pens aijd pencils in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1 Representing that the customary and usual retail price at which said fountain pens are sold is $5.00, and that the customary and usual retail price.of said pencils is $1.50, or any other sums in excess of the price at which such pens and pencils are usually and customarily sold at retail;
2 Representing that said pens are being sold at 590 and said pencils at 290, or at any other specified prices as an introductory offer for a limited period of time only, when the prices so quoted are the prices at which said pens and pencils are usually and customarily offered for sale and sold;
3 Representing that said pens and pencils are of a quality and character different from or superior to pens and pencils offered for sale and sold by com petitors at comparable prices;
4 Representing that said pens have been tested and are guaranteed by the factory to be unbreakable for life, and that in case of breakage or other unsatis factory service said pens will be repaired free of charge or exchanged for a new pen upon remittance to cover the cost of handling, postage and insurance, when any charge is made in excess of handling, postage and insurance costs;
5 Representing that the sum of 250
charged purchasers for replacement of broken or unsatisfactory pens covers only the cost of handling, postage and insur ance;
I n t h e M a t t er o p W i l l i a m V o r u n i o n 6 Representing that said fountain a n d B e n j a m i n V o r u n i o n , D o in g B u s i
pens hold 200% more ink that any ordi nary fountain pen on the market;
n e s s U n d e r t h e T rade N a m e s H o w
ard S a l e s C o m p a n y a n d B e r w i c k P e n 7 Representing, through the use of C om pany the symbol 14K , or any other symbol, or any figures, letters or words of sim order t o c ease a n d d e s is t ilar import and meaning, or otherwise, A t a regular session o f the Federal 1 3 F JR. 2502.
Trade Commission, held at its office in