NAB reports (Jan-Dec 1941)

entered into an agreement, combination and conspiracy to restrict and eliminate price competition in the sale of tag products by fixing and maintaining uniform prices, terms and conditions of sale for their products; by holding meetings under the auspices of the institute to devise methods for such price maintenance, and by a “Tag Industry Agreement”. According to the complaint, the “Tag Agreement” provides: ( 1 ) That each subscribing respondent member send to the re¬ spondent Baxter a complete statement of every “general offer” to sell tag products, including available prices, terms and sale con¬ ditions, and of every "restricted offer”, including prices, terms and sale conditions more favorable to the purchaser than the “general offer” for similar products. (2) That the respondent Baxter disseminate to all subscribing respondent members the information furnished under the two offers. (3) That each respondent subscribing member furnish the re¬ spondent Baxter with duplicates of every invoice or other ship¬ ping memorandum for products sold, and duplicates of all credit memoranda covering rebates. (4) That the respondent Baxter compile and disseminate to mem.bers such information in a manner not disclosing the identity of any one subscriber or the names of any purchasers. (5) That each subscribing respondent member submit to a “Determination Board” appointed by the respondent members all pertinent records in its possession and permit an examination of such information by the board to determine whether or not such subscribing member has complied with the Tag Industry Agreement rules concerning the furnishing of such information. (6) That the Determination Board announce its findings pur¬ suant to such investigations; such findings to be accepted by the subscribing members any of whom are to be subject to fines, assessments and liquidated damages in case of breach of rules or regulations. (7) That each subscribing respondent member pay annually not less than $120 to the respondent Baxter as institute secretary for an “Operating Fund”, and not less than $200 into a “Revolv¬ ing Fund”, to provide funds from which operating and investi¬ gating expenses and into which fines and assessments are to be paid. Respondent manufacturer members of the respondent institute are; Acme Tag Co., Minneapolis; Alien-Bailey Tag Co., Inc., Caledonia, N. Y.; American Tag Company, Chicago; American Tag Company of New Jersey, Newark; Atlas Tag Company, Neenah, Wise.; Badger Tag Co., Inc., Random Lake, Wise.; A. C. Baldwin & Sons, Austin, Tex.; Campbell Box and Tag Company, South Bend, Ind.; Central Tag Co., Chicago; Cupples-Hesse Envelope and Litho. Co., St. Louis; Dancyger Manufacturing Company, Cleveland; The Denney Tag Company, Incorporated, West Chester, Pa.; Dennison Manufacturing Co., Framingham, Mass.; Eastman Tag & Label Company, San Francisco; Ennis Tag and Printing Company, Ennis, Tex. Haywood Tag Company, Lafayette, Ind.; International Tag & Salesbook Co., Chicago; Keystone Tag Company, West Chester, Pa.; A. Kimball Company, Nerv York City; Marion Manufac¬ turing Company, Atlanta; J. L. May Company, New York; Michigan Tag Company. Grand Rapids; Midwest Tag Company, St. Louis; The National Tag Company, Dayton; The Reyburn Manufacturing Company, Inc., Philadelphia; The Robinson Tag and Label Company, New York; Rockmont Envelope Company, Denver; Salisbury Mfg. Co., Central Falls, R. L; The Standard Envelope Mfg, Company, Cleveland; Tagcraft Corporation, Lan¬ caster, Pa.; and Waterbury Buckle Company, Waterburv, Conn. (4496) CEASE AND DESIST ORDERS Commission has issued the following cease and desist orders: Ethel Bellamy, Ine., Nutley, N. J., has been ordered to cease and desist disseminating advertisements which represent that “Ethel Bellamy Eyelash Luxuriant” possesses therapeutic value in the treatment of granulated eyelids, promotes eyelash growth, supplies pigment to the eyelashes, darkens eyelashes permanently or has any effect on eyelash color in excess of such temporary effect as it may produce by reason of its properties as a dye. (4424) Consumers Bureau of Standards — Albert Lane, an individual trading as Consumers Bureau of Standards, who has conducted his business at various locations in New York, Chicago, Philadelphia, and Long Island City, N. Y., has been ordered to cease and desist from misrepresentations and other unfair practices in the sale of publications advertised as being the result of research on behalf of the consumer. The respondent’s publications were: “Con¬ sumers’ Preference,” “Consumers Bureau Reports” and “Consumers Bureau Guide.” Commission findings are that: The respondent represented the Consumers Bureau of Standards as being “a national non-profit consumers’ research and educational organization which investigates, tests and reports on goods and services for the benefit of the ultimate consumer,” when in fact the respondent did not conduct a real research and testing bureau for consumers and maintained no staff or laboratory equipment. The Commission order directs that Albert Lane, trading as Con¬ sumers Bureau of Standards, or Consumers Bureau, in connection with the sale of any book, magazine, periodical or circular letter purporting to give appraisals or classifications of merchandise, goods or services, cease and desist from representing in any manner, or using any trade or other name which implies, that such pubiicrtion is compiled, issued, sold or offered for sale by or under the direc¬ tion of any bureau, institute, or organization engaged in research work for the benefit of consumers, or devoted to aiding consumers in making w'ise or economical purchases, or which by means of an>’ scientific or adequate tests of any nature designates the comparative consumer value of any merchandise, goods, or services. The respondent also is ordered to cease and desist from: Representing that any such publication is or will be issued, printed, or distributed at any stated time or times other than those at which it is actually issued, printed, or distributed; Representing that the respondent’s business is operated on a non¬ profit basis; Representing that the respondent’s business is national in scope, or representing in any manner that such business is greater in size or scope than is the fact; Representing that the respondent is, or represents, any consumers’ research group or movement ; Representing that the respondent has any arrangement with the Mellon Institute of Industrial Research, Massachusetts Institute of Technology, or any similar organizations or institutions, for the submission thereto for determination of any questions concerning the value or comparative value of merchandise, goods, or services; Representing that the respondent is, or represents, any consumers’ special training, education, or experience to determine, or has any employees, staff, equipment, or facilities for determining, by any scientific method or adequate investigation or tests, the value or comparative value of any merchandise, goods, or services; Threatening, inferring, or implying to any manufacturer or dis¬ tributor of merchandise, goods, or services that a refusal to buy copies of or contribute financially to such publication or directly or indirectly to the respondent, will or may result in unfavorable, disparaging, or derogatory listing of, or reference to, such manu¬ facturer or distributor or his merchandise, goods, or services in or in connection with such publication. (3718) (;i.V-€ase Medicine Company — Medora Whinrey, trading as Gly-Cas Medicine Co., and the concern’s manager, Robert B. Whinrey, Muncie, Ind., distributors of the medicinal preparation “Gly-Cas,” has been ordered to cease disseminating advertisements which represent that their product constitutes a cure or remedy for constipation or has therapeutic value in treating it in excess of temporary relief afforded by causing a partial evacuation of the intestinal tract; that indigestion, gas, bloated or sour stomach, rheumatic or neuritis pains, sore or aching muscles, limbs or joints, backaches, dizziness, nervousness, kidney trouble, sleeplessness, biliousness or headaches are typical or usual symptoms of con¬ stipation or faulty elimination; that their product “Gly-Cas” is a cure, remedy or competent treatment for such conditions, or has therapeutic value in their treatment when they are due to causes other than constipation or faulty elimination or other than that furnished bv causing a partial evacuation of the intestinal tract. (4432) iSartig Dru.g ('o., also trading as H. K. Pharmaceutical Labora¬ tories. and A. J. Hartig, president of Hartig Drug Co. and trading as H. K. Pharmaceutical Laboratories, 756 Main St., Dubuque, Iowa, has been ordered to cease and desist from misrepresentation May 9, 1941 — 435