Rubinstein, Inc., Helena

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IN THE MATI'ER OF HELENA RUBINSTEIN, INC.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO Tile ALLEGED VIOLATION OF SEC. u OF AN ACT OF CO.:-IGRESS APPROVED SEPT. 26, 1014 Docket 2939. Complaint, Oct. 2, 1936-Dccision, Dec. 15, 1936 Where a cot·poration engaged in the advertisement, sale, and distribution of a line of cosmetics, facial creams, and toilet preparations, including some fifteen Sf'parate products and, among others, "Youthifying Hand Cream," "Grecian Anti-Wrinkle Cream," "Golden Automatic Lipstick," "Youthful Ilerl>nl Mask," "Herbal Eye Tissue Oil," "Marienbad Slenderizing Bath Salts," "Eyelash Grower and Darkener," "Eye Lotion,'' "Hormone Scalp Food," "Hormone Beauty Mask," and "Hormone Twin Youthifier'' creams ''No. 1" and ''No. 2," for day and night use respectively, in substantial competition with others engaged in distribution and sale of similar preparations in commerce among various States and the District of Columbia- Misrepresented, in advertising said line of cosmetics, creams, and preparations in newspapers and periodicals of general circulation throughout the various States, and in advertising literature aml folders printed and similarly circulated to customers and prospective customers, and through statements on the labels and containers thereof, the composition, properties and results of aforesaid various fifteen or sixteen preparations, and falsely represented that they would, as the case m!g'bt be, serve as a food for or nourish the skin, muscles, or tissues, and prevent crows feet and wrinkles, and revitalize skin tissues, and contained living sparks of life which increased their therapeutic value, and that they would rebuild worn out cells and restore youth to dry, lined, wrinkled skin, and would dissolve fatty tissues and act as etTectlve fat reducers, and strengthen the eye nervrs:

1Field, That such acts and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. Mr. 11/orton Neitmith, for the Commission.

Mr. llenry M. Flateau, of New York City, for respondent. Complaint 1 Pursuant to the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," the Federal Trade Commission having reason to believe that Helena Rubinstein, Inc., hereinafter referred to as respondent, has been and is now using 1 An extended enumeration In rar. 3 of the complaint, quoting respondent's representations 1n advertising and on labels and containers, purporting to describe llfteen Items otrered and sold by It, which also appears in the llndJngs, Infra, at page 231, Is omitted from the complaint as publlsbe1.

228 FEDERAL TRADE COMl\IISSION DECISIONS Complaint 24 F. T. C. unfair methods of competition in commerce as "commerce" is defined in said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: PARAGRAPH 1. The respondent, Helena Rubinstein, Inc., is a corporation, organized, existing, and doing business under and by virtue of the laws of the State of New York with its principal office and place of business located at 8 East 57th Street in the city of New York, State of New York. It is now and for more than one year last past has been engaged in advertising, selling, and distributing a line of cosmetics, facial creams, and toilet preparations hereinafter more particularly described. Respondent has caused and still causes said cosmetics, facial creams, and toilet preparations when sold, to be transported from its place of business in the State of New York to purchasers thereof, some located in the State of New York and others located in various States of the United States and the District of Columbia, and there is now, and has been for more than one year last past, a constant current of trade in commerce in cosmetics, facial creams, and toilet preparations sold by respondent between and among the various States of the United States and the District of Columbia.

PAR. 2. In the course and conduct of its said business, respondent is now, and has been in substantial competition with other individualst firms, and corporations likewise engaged in the business of distributing and selling similar cosmetics, facial creams, nnd toilet preparations in commerce between and among the various States of the United States and the District of Columbia. PAn. 3. In the course and conduct of its said business in soliciting the sale of and selling said cosmetics, facial creams, and toilet preparations, and for the purpose of inducing the purchase of said preparations, respondent has caused and still causes advertisements to be inserted in newspapers and magazines of general circulation throughout the various States of the United States, and has printed and circulated advertising folders and literature to customers and prospective customers in the same manner. In all of its ad\'ertising literature, through statements and representations herein set out, and through statements and representations of similar import and effect displayed on the labels and containers of said preparations the re- 2spondent represents among other things the following: 1 The QUOtPd matter SE't forth at lrngth In the corn plaint at thl~ point, In whkh re8pondeut purpo1·ts to describe the properties, nature and ellt-ct of fiftren Items or cosmetics, facial creams and toilet preparations otter<'d and sold by It, IB ado set forth In the fincllngs, Infra, at page 231, and tor that reason Is here omitted In the lnt<'rest lic brevity, HELENA RUBINSTEIN, INC. 229 227 Complaint PAR. 4. The representations made by the respondent with respect to the properties, nature and effect of said cosmetics, facial creams, and toilet preparations, are grossly exaggerated, false, misleading, and untrue. In truth and in fact, said preparations do not possess properties or contain ingredients that will feed or nourish the skin or lips, revitalize or restore youth to the skin, or prevent crows feet, wrinkles, or lines about the eyes. Said preparations do not contain hormones or living sparks of life which increase the therapeutic value of the products. Respondent's "Marienbad Slenderizing Bath Salts" will not dissolve fatty tissues, nor are they effective weight reducers. Respondent's "Eye Lotion" will not relieve eye strain or strengthen eye nerves. Respondent's "Eyelash Grower and Darkener" will not grow or promote the growth of eyelashes in all cases, nor will respondent's "Hormone Scalp Food" improve the growth and texture of the hair in all cases. Respondent's "Youthful Herb Mask" does not contain the juices of 23 different herbs.

PAR. 5. There are among the competitors of the respondent, many who distribute and sell similar cosmetics, facial creams, and toilet preparations in commerce, who do not misrepresent the properties, qualities, thera.peutic virtues, functions, uses or effects of their said competing products.

PAR. 6. The representations of respondent as aforesaid, have had and have the capacity and tendency to confuse, mislead, and deceive a substantial portion of the purchasing public, into the erroneous belief that all of said representations are true, and that the results claimed by respondent will be obtained by the purchasers thereof from the use of said products in the treatment of various conditions named therein. Said representations of respondent have h~d and have the capacity and tendency to induce members of the public to purchase said preparations because of the erroneous beliefs engendered by said representations, and to unfairly divert trade to respondent from competitors engaged in the sale in interstate commerce of cosmetics, facial creams and toilet preparations similar to those sold by respondent, and substantial injury has been and is being done by respondent to subbtantial competition in commerce among and between the various States of the United States and the District of Columbia. PAR. 7. The above alleged acts and practices of respondent are all to the prejudice of the public and respondent's competitors, and constitute unfair methods of competition in commerce within the intent and meaning of Section 5 of an Act of Congress, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914. Findings 24F. T,G.

REPORT, FINDINGs As TO THE FACTs, AND ORDER Pursuant to the provisions of an Act of Congress, approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to deg.ne its powers and duties, and for other purposes," the Federal Trade Commission on October 2, 1936, issued and on October ts, 1936, served its complaint upon the respondent, Helena Rubinstein, Inc., a corporation, charged with the use of unfair methods of competition in commerce in violation of the provisions of said Act. Thereafter the respondent through its attorney, Henry M. Flateau, executed a stipulation as to the facts in and by which stipulation, the respondent consented that the Commission may, without trial and without further evidence and without any intervening procedure, make, enter and issue and serve upon respondent its findings as to the facts and conclusion based thereon, and an order to cease and desist from the methods of competition alleged in the complaint as therein stipulated. The facts so stipulated embrace substantially all of the material allegations of the complaint. Thereafter the proceeding regularly came on for final hearing before the Commission on the complaint and the stipulation as to the facts; and the Commission having duly considered the same and being fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom:

FINDINGS AS TO THE FACTS PARAGR.\I'II 1. The respondent, Helena Rubinstein, Inc., is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its principal office and place of business located at 8 East 57th Street, in the city of New York, State of New York. It is now, and for more than one year last past, has been engaged in advertising, selling, and distributing a line of cosmetics, facial creams, and toilet preparations, hereinafter more particularly set out. The respondent has caused and still causes said cosmetics, facial creams, and toilet preparations, when sold, to be transported from its place of business in the State of New York, to purchasers thereof, some located in the State of New York, and others located in the various States of the United States and the District of Columbia, and there is now, and has been for more than one year last past, a constant current of trade in commerce in cosmetics, facial creams, and toilet preparations sold by respondent between and among the various States of t.he United States and the District of Columbia.

HELENA RUBINSTEIN, INC. 231 227 Findings PAR. 2. In the course and conduct of its said business, respondent is now, and has been, in substantial competition with other individuals, firms, and corporations likewise engaged in the business of distributing and selling similar cosmetics, facial creams, and toilet preparations in commerce between and among the various States of the United States and the District of Columbia. PAR. 3. In the. course and conduct of its said business in soliciting the sale of and selling said cosmetics, facial creams and toilet preparations, and for the. purpose of inducing the purchase of said preparations, respondent has caused and still causes advertisements to be inserted in newspapers and magazines of general circulation throughout the various States of the United States, and has printed. and circulated advertising literature and folders to customers and prospective customers in the same manner. In all of its advertising literature, and through statements and representations herein set out, and through statements and representations of similar· import and effect displayed on the labels and containers of said preparations the respondent represents among other things the following: (1) Youthifylng Hand Cream.

Keeps bands lovely, overcomes roughness, redness and chapping, youthiflea age betraying hands.

Restores youth to age betraying hands.

Wonderful nourisher of dry lined or shriveled hands, restores youth to scrawny ageing hands.

(2) Grecian Anti-Wrinkle Cream.

A nourishing skin food; corrects and prevents crows feet, lines and wrinkled lids, nourishes their dry skins.

It contains nourishing Ingredients the tissues need. A rich nourishing cream that is unusually effective. (3) Golden Automatic Lipstick.

Actively nourishes the lip tissues: contains biological ingredients: produces youthful moisture.

( 4) Youthful Herbal Mask.

Contains the juices of twenty-three different herbs which replenish the skin with the elements of youth aud loveliness: irons out lines and wrinkles. (5) Herbal Eye Tissue Oil.

Its nourishing biological lngredi.ents smooth and soften the delicate eye area. Prevents and corrects crows feet, lines and under eye wrinkles. (6) r.Iarieubad Slenderizing Bath Salts.

Marlenbad Slenderising Bath Salts dissolving the fatty particles in the body, their beneficial action dries out layer after layer of fatty tissue, until excess fat disappears: they stimulate the skin, Increase the metabolism and restore the normal weight of the body without the depressing effects of severe reducing methods. The pores are thoroughly cleansed and the skin becomes firm and silky smooth.

This amazing new scientific discovery dissolves fatty tissue, reducing the weight by one to three pounds In one week: process Is as simple as It Is safe, swift.

. 232 FEDERAL TRADE COMMISSION DECISIONS Findings 24F.T.C.

(7) Novena Cerate. (a rich feeding night cream). A remarkable nourisher and rebuilder.

Excellent for very tine dry sensitive skins. (8) Eyelash Grower and Darkener.

(9) Herbal Cream.

Ideal nutritive for dry, harsh, wrinkled a.nd sensitive skins. An absolutely unique tissue creation compounded of rare and nourishing herbs.

It quickly restores satiny smoothness and exquisite texture to wrinkled weather beaten and prematurely aged skin.

(10) Anti-Wrinkle Lotion.

Youthi.fies dry, lined skin and tired eyes. Corrects and prevents fine lines and crows feet. ( 11,) Eye Lotion.

Cleanses, refreshes, relieves strain; strengthens the eye nerves. (12) Herbal Muscle Oil.

Contains the nourishing ingredients that the tissues need in a, form easlly assimilated by the skin cells; rounds out hollows under the eyes. Restores lined, stringy throats to youthful smoothness. (13) Hormone Scalp Food.

Improves growth and texture of hair; smoothes irritated scalps. (14) Hormone Beauty Mask.

Contains living hormones-those "sparks of llfe", the youth giving powers of hormones-those "sparks of llfe" are directly responsible for the marvelous effect Hormone Tissue Mask has on the skin. Absorbs lines and drabness; firms the contour, revitalizes the skin tissues. R<'sculptures, youthlfies and beautifies fatigued skin. (15) Hormone Twin Youthifler #1 Day Cream.

Hormone Twin Youthlfier #2 Night Cream.

The Hormone Twin Youthifiers, which contain the elements used by nature herself-hormones-are "sparks of llfe." The Hormone Twin Youthlfiers are two creams so compounded that the glandular substances which they contain are richly assimilated by the skin. They penetrate deeply, stimulating skin metabollsm, rebuilding worn out cells. Shrunken tissues are quickly rebuilt; relaxed muscles are tightened and the dull, weather beaten look of age vanishes. They restore youth to dry, lined, wrinkled skin. You wlll marvel at the instantaneous youthlfying action of these two creams-the day cream or awakening cream, and the night cream or feeding cream. They work together 1n marvelous harmony, literally lifting the years from you, actually feeding the return of youth.

PAR. 4. Respondent's Youthifying Hand Cream does not restore youth to scrawny, ageing hands. Respondent's Grecian Anti-Wrinkle Cream is not a nourishing skin food; does not correct and prevent crows feet, lines and wrinkled lids, neither does it nourish dry skin nor contain nourishing ingredients the tissues need, nor is it a rich nourishing cream that is unusually effective. Respondent's Golden Automatic Lipstick does not actively nourish the lip tissues. Respondent's Youthful Herbal Mask does not contain the juices of 23 HELENA RUBINSTEIN, INC, 233 227 Conclusion different herbs which replenish the skin with elements of youth and loveliness. Respondent's Herbal Eye Tissue Oil does not contain nourishing ingredients, nor does it prevent and correct crows feet, lines and under-eye wrinkles. The respondent's bath salts "Marienbad Slenderizing Bath Salts," will not dissolve the fatty particles in the body, nor will their beneficial action dry out layer after layer of fatty tissues until excess fat disappears; nor will they stimulate the skin, increase the metabolism and restore the normal weight of the body without the depressing effects of severe reducing methods; nor will this amazing new scientific discovery dissolve fatty tissues, reduce the weight by one to three pounds in one week, and neither is its process as simple as it is safe, swift. Respondent's Novena Cerate is not a remarkable nourisher and rebuilder of skin. Respondent's Eyelash Grower and Darkener will not grow or promote the growth of eyelashes except in cases where the present eyelashes have living follicles. Respondent's Herbal Cream is not an ideal nutritive for the skin. Respondent's Anti--Wrinkle Lotion will not prevent fine lines and crows feet in the skin. Respondent's Eye Lotion will not strengthen eye nerves. Respondent's Herbal Muscle Oil does not contain nourishing ingredients that the tissues need in a form easily assimilated by the skin cells. The respondent's product, "Hormone Scalp Food" is not a scalp food, and will not improve growth and texture of the hair or smoothe irritated scalps. Respond. ent's Hormone Beauty Mask does not contain living "sparks of life,"-those "sparks of life'' are directly responsible for the marvelous effect Hormone Beauty Mask has on the skin nor will it absorb lines and drabness; firm the contour, or revitalize the skin tissues; and neither will it resculpture and youthify fatigued skin. Respondent's Hormone Twin Youthifier #1, Day Cream and Hormone Twin Youthifier #2, Night Cream do not contain "sparks of life," neither do they rebuild worn out cells; nor do they quickly rebuild shrunken tissues nor restore youth to dry, lined, or wrinkled skin. Neither will they literally lift the years from one, or actually feed the return of youth.

CONCLUSION The aforesaid acts and practices of the respondent, Helena Rubinstein, Inc., a corporation are to the prejudice of the public and of respondent's competitors, and constitute unfair methods of competition in commerce within the intent and meaning of Section 5 of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes."

Order 24 F. T. C.

ORDER TO CEASE AND DESIST This matter coming on to be heard by the Commission upon the complaint filed herein on the 2nd day of October, 1936, and a stipulation as to the facts ~n lieu of testimony heretofore entered into by and between the respondent and the Federal Trade Commission in which stipulation the respondent admits without further evidence and without intervening procedure the Commission may make, enter, issue and serve upon respondent its findings as to the facts and conclusion and an order to cease and desist from the violations of law charged in the complaint, and the Commission having considered the complaint and the facts so stipulated and having made its findings as to the facts and conclusion that respondent has violated the provisions of an Act of Congress, approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes." It i8 ordered, That the respondent, Helena Rubinstein, Inc., a corporation, its directors, officers, agents, and representatives and employees, in connection with the distribution and sale of cosmetics, facial creams, and toilet preparations in interstate commerce cease and desist from :

Advertising or representing directly or indirectly, in newspapers, magazines, radio broadcasts, circulars, display cards, on cartons or any other form of advertising literature or in any other way, that any of said cosmetics, facial creams and toilet preparations (1) will serve as a food for or nourish the human skin, muscles, or tissues;

(2) will prevent crow's feet and wrinkles and revitalize the skin tissues;

(3) will strengthen the eye nerves;

( 4) contain living sparks of life which increase the therapeutic value of the products;

( 5) will rebuild worn-out cells;

( 6) will restore youth to dry, lined, wrinkled skin; {7) will dissolve fatty tissues or act as effective weight reducers; It isfurther ordered, That the respondent, Helena Rubinstein, Inc., ·a corporation, its directors, officers, agents, and representatives and .employees shall within 90 days from the date of service upon it of a copy of this order file with the Commission a report in writing :setting forth the manner and form in which it has complied with ·.the order herein set forth.

BANGO TABLET COMPANY, ETC. 235 Syllabus