NAB reports (Jan-Dec 1938)

and the parts thereof. The uniform terms and conditions allegedly were fixed and maintained to include, without limitation, maximum discounts, brokerage fees, freight and other allowances, and time limitations of contracts. No. 3290. Alleging the use of unfair methods of competition in the interstate sale of salted peanuts, a complaint has been issued against Tosto Foods, Inc., 307 East Twelfth St., Cincinnati, and William C. Mithoefer, the respondent company’s vicepresident, secretary and treasurer. In the sale to dealers of its brand of salted peanuts designated by the trade description, “Strange as It Seems”, the respondent company, according to the complaint, so packs and assembles its product that a lottery plan is involved in its sale to consumers. In a small number of the individual cartons in which these pro¬ ducts are packed for sale and sealed, there are also placed, it is alleged, certain amounts of money such as five cents, twenty-five cents, fifty cents or one dollar. The ultimate purchaser, it is charged, cannot ascertain which cartons contain one of the sums of money until a selection has been made and the individual carton broken open. Thus, according to the complaint, purchasers of individual cartons of salted peanuts who procure one of the sums of money do so wholly by lot or chance. Stipulations The Commission has entered into the following stipula¬ tions: No. 01987. Zonite Products Corporation, Chrysler Build¬ ing, New York, in the sale of Dr. Forhan’s toothpaste, agrees to cease alleging that this preparation “goes deeper”, until such claim is established as a fact, and to stop representing this paste as having been long used by dentists everywhere to combat gum troubles. No. 01988. W. Robert Peters, 524 South Spring St., Los Angeles, in the sale of Serosol, agrees to stop representing that the product is safe and will enable one to curb or stop the habit of drinking liquor. The therapeutic value of the preparation depends upon its effect in causing vomiting, and while it may be effective in some cases it cannot be depended upon to produce permanent relief from a desire for alcohol, according to the respondent’s admission. He also agrees to stop use of the word “Laboratories” in his trade name until such time as he actually maintains a place where scientific investigations are conducted. No. 01989. S. B. Hamilton, Gay St. and Wall Ave., Knox¬ ville, Tenn., trading as Dr. S. B. Hamilton, agrees to stop asserting that Dr. Hamilton’s Oral Antiseptic is recommended for or is of value in treating hoarseness, bleeding gums, pyorrhea and similar ailments, when, according to admissions of the respondent, the preparation is not an adequate remedy for such disorders. No. 01990. Under a stipulation entered into, F. C. Foard & Co., Inc., Bridgeport, Conn., will discontinue certain misleading representations of its product, a soot remover and flue cleaner. In the sale of this product, known as “Imp”, the respondent will discontinue advertising that its use will cause a saving in fuel of 25 per cent ; that the use of Imp is the one and only way to banish soot quickly and cheaply, and that fire departments have found Imp to be the most effective agent for extinguishing chimney fires. No. 01991. Frank C. Starek, 82 West Washington St., Chicago, trading as Wide-O-Wake Co., in the sale of Wide-OWake Tablets, stipulates that he will ban the representation that these tablets are a new or outstanding scientific discovery capable of banishing fatigue, overcoming drowsiness or keeping one awake while driving. The respondent agrees to cease employing the words “Wide-O-Wake” as a trade name for a product composed of the ingredients contained in this preparation. No. 01992. Stanco Incorporated, 2 Park Ave., New York, will cease advertising that its preparation Nujol will remove the cause of any ailment, unless limited to such conditions as are due to ordinary constipation; that the product is a competent treatment for skin troubles; that it puts the entire system in order, and is of aid in the treatment of influenza. No. 01993. Indian River Medicine Company, LaFoIlette, Tenn., will stop representing that Scalf’s Indian River Tonic is an effective remedy for indigestion, asthma, colds, coughs, rheumatism, headaches, or kidney and liver trouble, unless this claim is limited to the symptoms of such conditions. Representations that the preparation is a health builder and has passed rigid regulatory medical tests will be discontinued. No. 01994. Surgical Dressings, Inc., 65 Brookside Ave., Jamaica Plain, Boston, agrees to cease asserting that Sterilastic Bandages permit the skin to breathe and the pores to function naturally. The respondent company stipulates that it will abandon use of the words “Sterilastic”, “Sterilized”, or “Sterile”, or words of similar meaning as part of the trade name for or as a descriptive term for any of its bandages or dressings, unless such products are sterilized and free from bacteria after packaging and at the time of sale. No. 01995. Tryco Company, Inc., 620 West Olympic Boule¬ vard, Los Angeles, agrees to discontinue advertising that Tryco Ointment will heal or cure athlete’s foot, rashes, cold sores, pimples, superficial skin itching, and weeping eczema, and that it is a competent treatment for ivy poisoning and insect bites. No. 01998. Carlton Routzahn, trading as Bland Products Company, 3319 North Clark St., Chicago, selling a medicinal product designated Flo Compound (XX and XXX strength) stipu¬ lates that he will stop representing the preparation as competent in the treatment of certain conditions peculiar to women. No. 01997. William M. Kalos, 44 Court St., New York, trading as Artex Novelty Co., in the sale of stamped embroider¬ ing materials, will cease making unmodified representations of possible earnings of prospective saleswomen in excess of the average earnings of his full-time customers-saleswomen, achieved under normal business conditions. Kalos also agrees to cease represent¬ ing that a dissatisfied customer will “lose nothing”, or that the respondent’s guarantee protects the customer, or that the latter takes no chances, unless the respondent remunerates such customer for the full purchase price of the materials and any other expenses incurred by her in connection with the transaction. The respond¬ ent also agrees not to advertise that an article is free when the payment of any money or rendering of any service is actually required, and will stop asserting that he is a manufacturer, unless and until he shall own, control or operate a factory wherein the materials he sells are made. No. 2110. Clyde Foster, 620 North Union St., Decatur, III., trading as C. Foster Chemical Co., agrees to cease advertising that certain silverware coupons used to promote the sale of the respondent’s products have a value of $1.15 or any other amount. He also stipulates that he will stop labeling or otherwise represent¬ ing that his tooth powder has a price or value of 75 cents or that a fork and spoon set has a price or a value of $1.50 or that either article has a price or value in excess of that at which they are sold in competitive trade. Use of the word “free” in connection with descriptions of merchandise will no longer be used by Foster when in fact the alleged free gift is not given as a gratuity but can be obtained only in consideration of the purchase of the mer¬ chandise with which the alleged free gift is included, or when, in order to obtain certain of the alleged gifts, a further consideration of 35 cents or any other amount is required. No. 2111. Agreeing to stop certain false and misleading adver¬ tising representations in connection with the sale of his products, Myer Osoff, 79 Sudbury St., Boston, a printer trading as Para¬ mount Art Company, has entered into a stipulation. Osoff, in the sale of acknowledgment cards and stationery, will dis¬ continue use in advertising matter of the word “engraved”, either alone or with the word “plateless”, as descriptive of his products so as to imply that the lettering or designs appearing thereon are the result of impressions made from inked engraved plates, a process commonly known to the trade and purchasing public as engraving or embossing, when such is not a fact. No. 2112. Horace L. and Sara Gwin Wolfe, 943 North Figueroa, Los Angeles, trading as Wolfe’s Laboratories, agree to cease employing in their advertising matter representations or the purported testimonials of alleged users of the product so as to imply that the preparation possesses such therapeutic value as to be an adequate treatment or remedy for disorders such as ulcers of the stomach and gastritis, or that use of the product will cure such disorders. No. 2113. A stipulation to discontinue certain false and mis¬ leading representations in advertising electric brooders has been entered into by Luty Hawkins, Mt. Vernon, Ill., trading as Hawkins Million Dollar Hen. Hawkins agrees to stop advertising that the rubber pad within the brooder which he manufactures will maintain a constant sur¬ face or contact temperature of 105 degrees Fahrenheit regardless of room temperatures or other conditions, when such is not a fact. He also will stop the use in advertising matter of the words “Up to 400 Per Cent Profit” so as to imply that poultry raisers who use his brooder can make a profit of 400 per cent or any other specified amount on their total investment in the poultry business, when, in fact, such designated amount is exaggerated and much in excess of the probable profit on the total investment. No. 2115. Siegel & Alenikoff, 520 Eighth Ave., New York, in the sale of women’s sport coats, agrees to cease plagiarizing the label used by a competitor, Hirsh & Sons, Inc., New York, on certain sport coats it sells. The respondent firm will stop dupli 2483