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2716

FEDERAL REGISTER,
desist order, Silver Service Corporation et al., Docket 3654, July 16, 1940
3.6 r 2.5 Advertising falsely or misleadingly Prices Exaggerated as regular and custom ary: 3.6 s Ad vertising falsely or misleadingly Prom otional sales plans: 3.6 slO
Advertising falsely or misleadingly Puzzle prize contests: 3.6 gg Ad vertising falsely or misleadingly Value:
3.7 Aiding, assisting and abetting u n
fa ir or unlawful act or practice: 3.95
m Using contest schemes unfairly Puzzle prize contests. Representing, in connection with offer, etc., in commerce, o f any sales promotion plan or of any merchandise to be resold through use of such plan furnished by respondents, or causing or assisting the purchasers o f said plan to represent, as the cus tomary or regular prices or values of merchandise offered for sale in connec tion with the said sales promotion plan, prices or values which are in fact ficti tious and in excess of the prices at which such merchandise is regularly and customarily offered for sale, 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, Sil ver Service Corporation et al., Docket 3654, July 16, 1940
In
M a t t er o f S il v e r S e r v ic e C o r
C o r p o r a t io n , a n d E d w i n I.
G o r d o n , A n I n d iv id u a l the
p o r a t io n , a
ORDER TO CEASE AND DESIST

Thursday , August l y 1940

advertising campaign to introduce or ad vertise silverware or other merchandise;
2 Representing, or causing or assist ing the purchasers of said plan to repre sent, that any sales promotion plan in which credit vouchers, checks, gifts, or any form of so-called prizes, are given to the entrants or contestants therein without regard to the relative correctness of the answers or solutions submitted by said entrants or contestants, is a contest;
3 Representing, or causing or assist ing the purchasers of said plan to repre sent, that credit vouchers or checks, or any other form of prizes or gifts awarded in connection with such sales promotion plan, enable the recipients thereof to receive a credit, reduction or other financial advantage in the purchase of merchandise when the recipients thereof do not in fact receive a credit, reduction, or other financial advantage based upon the usual and customary retail price of such merchandise;
4 Representing, or causing or assist ing the purchasers o f said plan to repre sent, as the customary or regular prices or values of merchandise offered for sale in connection with the said sales promo tion plan, prices or values which are in fact fictitious and in excess of the prices at which such merchandise is regularly and customarily offered for sale.
I t is fu rth er ordered, That the re spondents shall, within sixty 60 days after the service upon them of this or der, file with the Commission a report in writing setting forth in detail the man ner and form in which they have com plied with this order.
By the Commission.
seal O t i s B. J o h n s o n , Secretary.

At a regular session of the Federal Trade Commission held at its office in the City of Washington, D. C., on the 16th of July, A. D. 1940.
This proceeding having been heard1
by the Federal Trade Commission upon the complaint of the Commission, the F. R. Doc. 40-3164; Filed, July 31, 1940;
11:51 a. m .
answer of the respondents, testimony and other evidence taken before Robert S.
Hall and Edward E. Reardon, examiners Docket No. 3779
of the Commission theretofore duly des I n t h e M a t t er o f H y - T e s t C e m e n t ignated by it, in support of the allega Com pany tions of said complaint, and brief filed by James L. Fort, counsel for the Commis 3.79 Publishing, im properly, confi sion, and the Commission having made dential or restricted governm ental m atter.
its findings as to the facts and its con Divulging, in any manner, in connection clusion that said respondents have vio with offer, etc., in interstate commerce or lated the provisions of the Federal Trade in the District o f Columbia, of Hy-Test Commission Act;
Masonry Cement or other cement, or any I t is ordered, That the respondents, other product, or assisting the purchas Silver Service Corporation, a corporation, ing public, in said connection, in de and its officers, and Edwin I. Gordon, an termining, by any means, the identity individual, their respective agents, repre of the manufacturer or the brand name sentatives and employees, directly or of any cement which was tested by the through any corporate or other device, Bureau of Standards of the United States in connection with the offering for sale, Department of Commerce, the results of sale and distribution in commerce, as which tests were published by the Bureau commerce is defined in the Federal of Standards of the United States De Trade Commission Act, of any sales pro partment of Commerce in Research motion plan or of any merchandise which Paper 683, A Study of the Properties of is to be resold through use of a sales Mortars and Brick and Their Relation to promotion plan furnished by respond Bond, prohibited. Sec. 5, 38 Stat. 719, ents, do forthwith cease and desist from: as amended by sec. 3, 52 Stat. 112; 15
1 Representing that the respondents U.S.C., Supp. IV, sec. 45b Cease and are conducting any special campaign or desist order, Hy-Test Cement Company, Docket 3779, July 16, 1940
3.6 j 3 Advertising falsely or 14FR. 2015.
m isleadingly Governm ent a p p r o v a l ,
connections or standards Governm ent indorsem ent: 3.18 Claim ing indorse ments or testim onials falsely: 3.28
Comm ercializing, im properly, confiden tia l or restricted governm ental m atter.
Using, in whole or in part, in connection with offer, etc., in interstate commerce or in the District of Columbia, of HyTest Masonry Cement or other cement, or any other product, for advertising, publicity or sales promotion purposes, any report by any bureau, department or other agency of the United States Gov ernment, or by any official or employee thereof, where such use of said report is violative of any rule, regulation or in struction issued by said bureau, depart ment or other agency, or where such use imports or implies, directly or inferentially, that said bureau, department or other agency has approved or recom mended the use of respondents 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, Hy-Test Cement Company, Docket 3779, July 16, 1940
ORDER TO CEASE AND DESIST

At a regular session o f the Federal Trade Commission, held at its office in the City of Washington, D. C., on the 16th day of July, A. D. 1940.
This proceeding having been heard1
by the Federal Trade Commission upon the complaint of the Commission, the answer of respondent, testimony and other evidence taken before Randolph Preston, an examiner of the Commission theretofore duly designated by it, in sup port of the allegations of said complaint and in opposition thereto, briefs filed herein, and oral argument by Curtis C.
Shears, counsel for the Commission, and by Percy H. Russell, Jr. with Edward K.
Wheeler on the brief of Kirkland, Flem ing, Green, Martin & Ellis of Washing ton, D. C., counsel for the respondent, and the Commission having made its findings as to the facts and its conclu sion that said respondent has violated the provisions of the Federal Trade Com mission Act;
I t is ordered, That the respondent, Hy-Test Cement Company, a corpora tion, its officers, representatives, agents and employees, directly or indirectly, or through any corporate or other device, in connection with the offering for sale, sale and distribution of Hy-Test Ma sonry Cement or any other cement, or any other product, in interstate com merce or in the District of Columbia, do forthwith cease and desist from:
1 Divulging, in any manner, or as sisting the purchasing public in deter mining, by any means, the identity of the manufacturer or the brand name of any cement which was tested by the Bureau of Standards of the United States Department of Commerce; the results of which tests were published by the Bu reau of Standards of the United States 4 F JR. 2504.