NAB reports (Jan-Dec 1941)

I). 1). I). Corporation, Batavia, Ill., has been ordered to cease and desist from misrepresentation in the sale of “D. D. D. Pre¬ scription", advertised as a treatment for skin ailments and con¬ ditions. The Commission order directs D. D. D. Corporation to cease disseminating advertisements which represent that "D. D. D. Pre¬ scription” is a cure or remedy for eczema, pimples or hives or has therapeutic value in treating these ailments or in treating skin disorders caused by internal or systemic conditions in excess of affording temporary relief from the sym[5tom of itching. The respondent is further ordered to cease advertising that its preparation has therapeutic value in treating skin blotches or rashes when due to systemic or constitutional conditions, or has therapeutic value in treating athlete’s foot, insect bites and ivy and oak poisoning in excess of that afforded by the temporary alleviation of the symptom of itching or the use of an antipruritic, astringent, antiseptic, and mildly germicidal agent. The Commission order further directs that the respondent cease representing, through use of the words "and other externally caused skin eruptions” or similar phrase<5logy in connection with diseases or conditions which may be of a systemic or internal origin, that such diseases and conditions are solely of external origin or that the respondent’s preparation has therapeutic value in treating them regardless of their origin. The order also directs the respondent to cease representing, through use of the words “stop itching” or other similar words, that its preparation will either permanently or temporarily elimi¬ nate the disease or condition causing the symptom of itching or has any therapeutic value in excess of that afforded by the tem¬ porary alleviation of the symptom of itching or the use of an antipruritic, astringent, antiseptic, and mildlv germicidal agent (3972). Jane IJlaiieliard deary, trading as Dr. Jane Blanchard, 2817 East St., N. S., Pittsburgh, has been ordered to cease misrepresen¬ tation in the sale of a medicinal preparation designated by the names “Dr, Blanchard’s Female Compound and Regulator,” “Dr. Jane Blanchard’s Compound Regulator” and “Dr. Blanchard’s Regulator.” The Commission order directs the respondent to cease disseminat¬ ing advertisements which represent that her preparation is a competent or reliable regulator of conditions peculiar to women, possesses therapeutic value in the treatment of delayed or sup¬ pressed menstruation, is a tonic or a blood purifier or is safe or harmless. The respondent is further ordered to cease disseminating ad¬ vertisements which use the term “Dr.” or “Doctor” as a part of the respondent’s trade or as part of the name of the prepara¬ tion or which otherwise represent that the respondent is a medical doctor ; or which advertisements fail to reveal that use of the product may cause colitis and other serious consequences (4449). National Lacquer Maiuilacturing (dinpaiiy — An order has been issued amending a complaint which charged Jacob Sw'immer, trading as National Lacquer Manufacturing Co. and as National Titanium Co., 123-131 Eleventh St., Brooklyn, with misleading representation in the sale of paint. According to the complaint as now amended, the respondent has since transferred his place of business to 2330 East 37th St., Vernon, Calif., and from that address has mailed letters to various States bearing the inscription “National Titanium Co., Pacific Coast Division,” thereby representing that his Vernon, Calif., office is only a branch of his business and that he has other branches or divisions in various parts of the country. The amended com¬ plaint alleges that the respondent has only the one place of business at Vernon, Calif. The amended complaint further charges that the respondent’s letters sent from Vernon, Calif., also contained the misleading representations alleged in the original complaint. That complaint has charged the respondent with representing that he maintained w'archouses in cities other than Brooklyn, w'hcn such was not a fact ; with price misrepresentations and other misleading assertions, and with failure to disclose that his product “Genuine Synthetic Outside White Paint’’ was a reconditioned, redissolved paint product (4088). 1‘aseal Co., Inc., Seattle, Wash., has been ordered to cease and desist from making misleading representations in the sale of “Brealheasy,” a medicinal preparation. 404 — May 2, 1941 The Commission order directs the respondent to cease dis¬ seminating advertisements which represent that “Breatheasy” is a cure, remedy or competent treatment for chronic bronchitis, or for eczema, hives or other skin diseases, or which advertisements fail to reveal that the respondent’s preparation cannot be safely used by persons ill of high blood pressure, toxic goiter, diabetes or heart disease. The respondent is also ordered to cease representing that its preparation is a remedy, cure or effective treatment for heart disease or cardiac distress; for gastric ulcer; for inflammation of the nose, throat, tonsils, larynx or lungs, or for neuralgia or neuritis (3768). HaiiHlton Koss Factories, Inc., Chicago, distributor of chinaware, glassware, plated silverware, cutlery and other merchandise, has been ordered to cease and desist from certain misrepresenta¬ tions. Commission findings are that the respondent, using the word “Factories” in its corporate and trade name, has implied that it owned, controlled or operated a plant in which the products it sells have been made, when in fact at the time the (Commission complaint issued against the respondent, and for several years prior thereto, the respondent was not a manufacturer. The Commission further finds that the respondent advertised in newspapers circulated in various States that certain of its silverware is “heavily plated,” a term which implies to purchasers that this ware is of a quality and grade superior to the lower grades of plated silverware. In fact, the findings continue, such silver¬ ware is not heavily plated but corresponds approximately to Grade A-1 of household silverware, the lowest grade to which quality marks are regularly applied. The Commission order prohibits the respondent from represent¬ ing that it manufactures the products it sells unless and until it actually owns and operates or directly controls the plants in which such products are made, and directs the respondent to cease making the representations as found concerning use of the term “heavily plated” as applied to plated silverware (4040). Sherry’s Cut Kate Drug Co., Ine., Bluefield, W. \'a., has been ordered to cease and desist from disseminating advertisements which represent that the preparation known as “Mrs. Bee Femo Caps” constitutes a competent or effective treatment for delayed menstruation, and that its use is safe or harmless, or which adver¬ tisements fail to reveal that use of the product may cause gastro¬ intestinal disturbances and other serious consequences. In September, 1940, the United States District Court for the Southern District of West Virginia issued an order restraining the respondent from further dissemination of certain advertisements of its preparation until the Commission issued a complaint against the respondent and finally disposed of the proceeding (4345). Soniiuersville Manufacturing Co., Somersville, Conn., and its selling agents, J. J. O’Donnell and Clinton Ellis, trading as O’Don¬ nell and Ellis, 450 Seventh Ave., New York, has been ordered to cease and desist from making misleading representations in the sale of textile fabrics. Commission findings are that the respondent manufacturing cor¬ poration, through the respondent selling agents, sells its fabrics to coat and garment manufacturers and that through the use of labels the respondents have represented that certain fabrics and the garments manufactured therefrom are composed entirely of fiber made from camel’s hair when in fact they have contained substantial percentages of wool, mohair, and other fibers. The Commission order directs the respondents to cease using the words “Camel’s Hair” or “Camel” or other terms descriptive of camel’s hair on labels or otherwise to describe any fabric or product not composed wholly of camel’s hair, provided that when fabrics or products are composed in part of camel’s hair and in part of other fibers such terms may be used as descriptive of the camel’s hair content if other words truthfully designating each con¬ stituent fiber are used in immediate connection and in type of at least equal conspicuousness. The respondents also are ordered to cease employing any pic¬ torial design of a camel in connection with any description of fabrics or products in which camel’s hair is not the predominating fiber, and to cease representing in any manner that fabrics or prod¬ ucts which they offer or sell contain camel’s hair in greater quantity than is actually the case (4324).