NAB reports (1936)

However, the complaint charges, the respondents’ salesmen repre¬ sent to prospects that the contract is open to change, and, by writing on the face thereof, alter the terms or time of payments and substitute subscriptions to magazines other than those named in the contract, but which are preferred by purchasers. No. 2803. Improper labeling of whiskey is alleged in a complaint issued against C. O. Taylor Distributing Co., 444 West Grand Ave., Chicago, a wholesale distributor of alcoholic liquors. The respondent’s practices are said to constitute unfair competition and to be in violation of Section 5 of the Federal Trade Commission Act. By abbreviating the word “Distributing” to “DIST.” in its cor¬ porate name, and by use of such abbreviation on stationery, labels, and in advertising matter, the respondent company, it is charged, implies that it is a distilling company and manufactures its products by the process of distillation, when, according to the complaint, it does not own or operate a plant where such products are distilled. No. 2804. Charged with unfair methods of competition in the sale of a purported mineral water, Richard R. Soberanes, trading as Tarzana Mineral Water Co., 1485 North Vine St., Holly¬ wood, Calif., is named respondent in a complaint. Soberanes also has a branch office and place of business at Tarzana, Calif. In radio broadcasts and in various kinds of advertising matter, the respondent allegedly represents that his product will prevent and cure, or is beneficial in the treatment of many diseases and afflictions, including rheumatism, liver ailments, stomach troubles, high blood pressure, diabetes and acidosis. The complaint charges these representations are not true, and that the respondent’s water does not possess the curative and beneficial qualities claimed for it. The respondent also is said to advertise that the diet of the average citizen is “sadly” deficient in sodium, calcium and mag¬ nesium, and that such deficiency can be supplied by drinking this mineral water. According to the complaint, the average diet is not lacking in the important mineral elements named, and the respondent’s product does not act on the human body in any manner different from any pure, potable water, and does not con¬ tain any elements or medicinal properties in sufficient quantities to render it of greater benefit than any pure drinking water. Stipulations The Commission has issued the following cease and desist orders and stipulations: No. 1658. Landschaft & Bonning, Inc., 424 Main St., Buf¬ falo, N. Y., an advertising agency, agrees to discontinue false and misleading advertising in connection with the sale of a book, “How to be Always Well,” which recommends a system of diet devised by and cereal products distributed by Dr. Robert G. Jackson, Toronto, Canada. According to the stipulation, Dr. Jackson is a client of the agency, which places his advertisements in various periodicals and also superintends the sale of his health book. The agency agrees, among other things, to cease representing, either in advertisements or in the book itself, that use of the diet, exercise, or hygiene advocated by Dr. Jackson gives immunity from sick¬ ness and disease, or from such minor ailments as colds, or prolongs life from 25 to 50 years. No. 1657. Mirrolilte Manufacturing Co., 35 Queens Boule¬ vard, Long Island City, N. Y., engaged in the sale of “Mirrolike White Shellac,” signed a stipulation to discontinue use on labels of the word “shellac” alone or in conjunction with the word “white” so as to imply that the product is composed of shellac gum, cut or dissolved in alcohol. The stipulation provides that if shellac gum is the principal ingredient in the respondent’s prod¬ uct, the word “shellac” shall be accompanied by the word “com¬ pound,” and if shellac gum is not the predominant element, the word “substitute” shall be used in connection with the word “shellac,” and in each case the words “compound” and “substitute” shall be in type equally as conspicuous as that in which the word “shellac” is printed. The respondent corporation also will desist from using on its labels the words “Guaranteed 5 lbs. cut” to designate a product which does not actually contain the indicated amount of gum to each gallon of liquid used therewith. No. 1658. Ossola Bros., Inc., 1800 Penn Ave., Pittsburgh, stipulates it will cease and desist from use of the words “Imported from Italy,” either in English or Italian, as a brand for its olive oil products; or if such product is composed in substantial part of oil produced in and imported from Italy, and the words “Im¬ ported from Italy” are used to describe the same, such words shall be accompanied by others to indicate the product is not composed wholly of oil produced in and imported from Italy. According to the stipulation, the respondent corporation caused advertisements of its product to be broadcast in the Italian language from a Pitts¬ burgh radio station. No. 1659. Lederle Laboratories, Inc., 30 Rockefeller Plaza, New York City, engaged in the sale of “Poultry Worm Tablets Lederle,” agrees to discontinue advertising to the effect that its products “have an insoluble coating” or are “enteric coated,” so as to imply that the tablets or the coating thereon remains in¬ soluble until they reach the intestines, then are dissolved at the point of infection. No. 1660. McCormick & Co., 400 Light St., Baltimore, entered into a stipulation that, in the sale of pepper, it will cease using in advertisements the statement, “Don’t pay for dust, dirt, stems and stones that are ground up in cheap pepper,” so as to imply that the price asked for pepper indicates the amount of foreign substance therein. The respondent also agrees to discon¬ tinue making any representations tending to disparage brands of pepper sold by competitors. No. 1661. Toolinda Mahler, trading as D. J. Mahler Co., 3124 Pawtucket Ave., East Providence, R. I., manufacturing toilet requisites and an electrical apparatus, agrees to stop repre¬ senting that the use of the apparatus is the only method of perma¬ nently destroying superfluous hair or preventing its regrowth. The respondent agrees also to stop advertising that use of the device by self-application is safe, easy, painless, permanent or harmless, without at the same time qualifying the allegations by the condition that proper care and skill are required in its appli¬ cation. The respondent company agrees not to represent that use of the apparatus for removal of warts, moles, birthmarks, red veins, freckles and other similar facial blemishes by self-application is safe, unless it is explained that this could be done with safety only by a skilled dermatologist. The respondent agrees to stop representing that any person named Daniel J. or D. J. Mahler now owns the company, and to cease publishing purported literature or letters in his name, either with or without his portrait, tending to confuse customers into believing that D. J. Mahler, founder of the company, is still living and offering them his services. No. 1662. Montgomery, Ward & Co., in the sale of a facial cream, designated it “Footlight Turtle Oil Cream,” when, accord¬ ing to the stipulation, the oil content of this product did not consist entirely of turtle oil and did not possess the properties and values advertised. The respondent company agrees to stop using the words “turtle oil,” independently or in conjunction with other words, as a trade name for its facial cream product, implying that the oil content of the preparation is composed wholly of turtle oil; unless, when such oil content is substantially turtle oil, the words “turtle oil,” if used to describe it, shall be immediately accompanied by other words clearly indicating the actual oil content. The respondent company also agrees to cease making other rep¬ resentations implying or tending to deceive buyers into believing that its facial cream, when applied externally, will nourish the skin, act as a corrective for wrinkles, or aid the skin of all users to retain a youthful complexion, when these are not the facts. No. 1663. Trading as “Marcelle Laboratories” and “Footlight Products Co.,” C. W. Beggs & Sons, Inc., 1741 North Western Ave., Chicago, manufacturer of “Footlight Turtle Oil Cream,” entered into a stipulation of facts similar to that in the Montgomery Ward case, and agreed to discontinue the same repre¬ sentations regarding its product. No. 2651. An order has been issued requiring Newark Felt Novelty Co., Inc., 416 Morris Ave., Newark, N. J., to cease and desist from selling certain articles made of second-hand material unless they are clearly marked so that purchasers will not mistake them as being made of new material. Specifically, the order directs the respondent company to cease selling baseball caps manufactured from felts obtained from sec¬ ond-hand, old, used and discarded men’s and women’s felt hats, unless and until there is stamped upon or attached to such caps in a conspicuous place, words clearly indicating that they are not made from new and unused felts, but manufactured from felts obtained from second-hand and discarded felt hats. No. 2724. Under an order, Gustave Goldstein, trading as Humania Hair & Specialty Manufacturing Co., 10-12 East 23rd St., New York City, is directed to cease and desist using false advertising in the sale of hair goods, cosmetics, or toilet preparations. The respondent will cease representing that he is a manufacturer of hair and specialty goods, an importer of hair goods, or that some of the wigs he sells are imported French wigs made of the finest quality soft French hair. 1333