NAB reports (Jan-Dec 1941)

ents give each purchaser of the device a full kit of welding sup¬ plies “free” and as a gratuity. The Commission further finds that the respondents represented and implied that the “Super Magic Wand” device is a tool built for use and is useful for heavy-duty in welding base metals of all kinds, and more particularly cylinder blocks and heavy parts of mechanical and farm machinery; that it will heat such metals to the extent that they will run so that a proper weld can be effected ; that its construction is sturdy enough to withstand such hard use and the electric current necessary for such welding; that it is safe to operate on an ordinary AC or DC branch electric household circuit; that its operation will injure neither the operator nor the branch electric current to which it is attached, and that it is a safe and efficient device to use in obtaining a “sun tan” on the skin. The respondents are ordered to cease and desist from represent¬ ing, directly or by implication, that the “Magic Wand” welder is a heavy-duty welder which is of practical use in shop welding; that it will generate sufficient heat, when connected with an auto¬ mobile storage battery, to prepare materials for welding; that the “Super Magic Wand” welder conforms to the standard method of design or construction for electrical devices, either as to the suit¬ ability of materials used or as to the proper guarding and spacing of “live” electric parts; that it is a heavy-duty welder, or that it is useful in welding heavy mechanical and farm machinery, such as cylinder blocks; that the “Super Magic Wand” welder may be used on ordinary alternating or direct branch electrical household circuits without injury either to the operator of the welder or to the household circuit to which it is attached; that the “Super Magic Wand” welder may be used with safety and efficiency in “sun tanning” the skin, or that welding supplies offered regularly as part of a combination offer are free or a gift or gratuity. (4336) Primrose House, Inc., Ill Eighth Ave., New York, and Delv, Limited, 76 Ninth Ave., New York, engaged in the sale and distribu¬ tion of various cosmetics, have been ordered to cease and desist from certain misrepresentations of their product. Primrose House Sales Company, Inc., a wholly-owned subsidiary of the respondent Primrose House, Inc., with identical officers and directors, was engaged in the sale and distribution of a skin cream, “Delv,” from January, 1934 until May, 1933, at which time it was dissolved and its assets taken over by the parent company. During the time mentioned above, the Commission finds, Primrose House Sales Company, Inc., in promoting the sale of the skin cream by various advertising media such as radio broadcasts and printed matter circulated in the various States, represented, among other things, that “Delv is based upon a new cosmetic principle for it contains a precious new beauty ingredient. This ingredient, called ‘Triactin’ has the same action on the skin as the skin’s own gland fluids that keep it young and vital.” In May, 1933, Primrose House Sales Company, Inc., entered into a stipulation with the Federal Trade Commission by which it agreed to abandon the use of certain allegedly false representations in connection with the sale of the product. Notwithstanding the aforesaid agreement to cease and desist, the findings continue, the respondents have, since May, 1933, in promoting the sale of Delv through radio broadcasts and by printed matter circulated in various States, represented that Delv contains an ingredient which acts on the skin as the natural fluids of the skin, and that it serves the same purpose as such fluids ; that it will rid the skin of wrinkles, large and unsightly pores and other imperfections; that it will nourish and rejuvenate the skin and will create a new skin texture and keep the face young and the complexion beautiful. The Com¬ mission finds that these representations are false and misleading. The respondents are ordered to cease and desist from representing that the preparation acts on the skin as the natural fluids of the skin, or that it serves the same purpose as the natural fluids of the skin; that it will cause wrinkles, large or unsightly pores or other imperfections to disappear from the skin ; that it will nourish or rejuvenate the skin or create a new skin texture, or that the prepara¬ tion will keep the face young and the complexion beautiful. (3314) STIPULATIONS During the week the Commission has entered into the following stipulations; American IMattress Mfg. Company — Harry Malneck, trading as American Mattress Manufacturing Company, 1303 Larimer St., Denver, engaged in the manufacture and distribution of mattresses, has agreed to cease and desist from failing to clearly and unequivo¬ cally disclose that his products, which are made, cither in whole or in part, of used or second-hand materials, are in fact made of or actually do contain materials which have been used or are second¬ hand, and from representing that the products are made in compli¬ ance with Colorado bedding laws, or the laws of any other State, or that they have been thoroughly cleaned and renovated, that is, restored to a state of freshness by cleaning, when in fact the pro¬ ducts are not made so as to conform to such laws and have not been thoroughly cleaned and renovated as represented. (3007) Arcady Farms Milling Company, 223 West Jackson Boule¬ vard, Chicago, engaged in manufacturing various feed mixes for poultry, including a product known as “Wonder Live Milk Pellets,” has stipulated to discontinue certain representations in the sale of its products. The respondent agrees to cease use of the term “Live Milk” as a trade name or designation for its products, and use of the words “Live Milk” or “Milk” in any way so as to imply that the products are composed of milk, that is, the fresh, clean, lacteal secretion such as is obtained in the pure or native state from a milk-producing animal. Under its stipulation, the respondent also agrees to desist from use of any statement or representation which implies that there are quantities of beneficial bacteria present in the respondent’s products sufficient to have any therapeutic effect, or that there is scientific basis for the representation that putrefactive bacteria will cause all the dire consequences recited in certain advertising issued by the corporation, or that the presence of so-called beneficial bacteria will alleviate such conditions. The respondent, according to the stipulation, advertised, among other things, that the presence of lactic acid and lactic acid pro¬ ducing bacteria in its products “prevent the development of putre¬ factive types of bacteria, which retards digestion, produces waste, develops poisonous putrefactive gases in the system, and retards all bodily functions * * (3008) Ceiiol Company, Inc., 4230-36 North Crawford Ave., Chicago, engaged in selling two rat killing preparations designated “Cenol Squill Powder” and “Cenol Rat Destroyer,” has stipulated to cease representing that “Cenol Squill Powder” will kill any species of mice except house mice, or that it is the leading “raticide” in the LTnited States and is superior to or more effective than similar preparations containing the same amount and toxic quality of red squill powder. The respondent also agrees to desist from representing that “Cenol Rat Destroyer” will destroy any species of mice except house mice, or that the effect of the barium carbonate content contained in “Cenol Rat Destroyer” will drive poisoned rats out of doors to die in the open. (02692) Colorado Mattress Mfg. Company — Morris Stein and Morris Nierenberg, trading under the name Colorado Mattress Manufac¬ turing Company, 2363 Larimer St., Denver, in connection with the labeling, tagging or other advertising of their products, agree to discontinue designating, describing or representing their products, which are made either in whole or in part of usecl or second-hand material, to be products made of or containing all new material; failing to clearly and unequivocally disclose that such products are composed, either in whole or in part, as the case may be, of used or second-hand material, and representing that the products are made in compliance with the laws of the State of Colorado, or of any other State, or that they or the materials used as filler therefor have been subjected to a cleansing process so as to be free from dirt or other extraneous matter, when in fact the products are not so made as to conform to such laws and have not been cleaned as represented. (3006) Crown Silver Company, Inc., 62 Harvard St., Brookline, Mass., manufacturer of copies of reproductions of Sheffield silver¬ ware, has entered into a stipulation to cease and desist from certain representations in the sale of its products. The stipulation points out that in England there exists an out¬ growth of the Guild System which requires that articles made of silver be submitted to Goldsmith Hall for assaying, and that articles found to be of the standard prescribed are stamped with hall January 3, 1941 — 23