Ignatovitch, Veronica

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IN THE l\IATTER OF VERONICA IGNATOVITCII, TRADING AS MADAME VERA, 1\fADAl\f VERA, AND MME. VERA CO:\IPLAINT, FINDINGS, AND ORDER IN REG.~RD TO THE ALLEGED VIOLATIO:-1 OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 3906. Compla-int, Oct. 3, 1939-Decision, JuZ.y 9, 1940 n·here an individual engaged in manufacture of her "Madame Vera Hair Grower Salve" for use on hair and scalp, and in sale thereof tc. purchasers In various other States and in District of Columbia, in advertisements of her said product, which she disseminated and caused to be disseminated through the mails, insertions in newspapers and periodicals having general circulation, and through other printed or written matter, distributed in commerce among the various States and by other means in commprce, and otherwise, and which advertisements were intended and likely to induce purchase of her said product- (a) Represented, through various statements in said advertisements and Including "before and after" pictures, that her said preparation was a competent and effective remedy for conditions known as dandruff and falling hair and that It grew new hair and that it had been used successfully by thousands of persons; facts being, it was not a competent or effective remedy for conditions above set forth, and would not grow new hair and bad not been used successfully by thousands of persons or any other number; and (b) Represented that price at which said preparation was offered for sale was a special price and was substantially less than that at which It was customarily offered, through such statement as "Special 30-day offer. Send only $1 for treatment. Regularly $3"; facts being, price at which it was offered was not specially reduced one, but price at which it was regularly and customarily sold ;

'With capacity and tendency to, and effect of, misleading and deceiving substantial portion of purchasing public into erroneous and mistaken belief that such false statements and repre~entations were true and to induce substantial portion of such public, because of said belief thus engendered, to purchase her medicinal preparation aforesaid:

Held, That such acts and practices, under the circumstances set forth, were all to the prejudice of the public and constituted unfair and deceptive acts and practices In commerce.

Before Mr. Lewis 0. Rmsell, trial examiner. Mr. John M. Russell for the Commission.

Gould & Price, of Bridgeport, Conn., for respondent. Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Veronica Ignatovitch, trading as l\fadame Vera, l\fadam Vera, and as 1\fme. Vera, hereinafter referred to as respondent, has violated the provisions of said act, and it MADAME VERA, ETC. 481 4SO Complaint 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, Veronica Ignatovitch, is an individual trading as Madame Vera, Madam Vera, and as Mme. Vera, having her office and principal place of business located in Room No. 322, l\feigs Building, Bridgeport, Conn.

Respondent is now, and for more than 1 year last past has been, engaged in the business of manufacturing and selling a preparation for use on the hair and scalp known as "Madam Vera Hair Grower Salve." Respondent causes said product, when sold, to be transported from her place of business in the State of Connecticut to purchasers thereof located in other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned here- !n has maintained, a course of trade in said salve in commerce between and among the various States of the United States and in the District of ' Columbia.

PAR. 2. In the course and conduct of her aforesaid business, therespondent has disseminated and is now disseminating and has caused and is now causing the dissemination of false advertisements concerning her said preparation by the United States mails, by insertions in newspapers and periollicals having a general circulation, and also in other printed or written matter, all of which are distributed in commerce among and between the various States of the United States, and by other means in commerce as "commerce" is defined in the Federal Trade Commission Act, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of said preparation; and has disseminated and is now disseminating, and has caused and is now causing, the dissemination of false advertisements concerning her said preparation by various means for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of said preparation in commerce as "commerce" is defined in the Federal Trade Commission Act.

Among and typical of the false representations contained in the advertisements disseminated as aforesaid are the following: Madam Vera Hair Grower S'alve.

After washing your head, rub in • • • enough salve to cover the whole !'CRlp. After three or four days • • • repeat this operation until you will find dandruff has entirely disappeared and a new growth of hair started. To obtain permanent results, keep using th.e salve at weekly intervals. Picture of man Picture nf same with bald head man with a growth of heavy black hair BEFORE AFI'EB 482 FEDERAL TRADE COMMISSION DECISIO:NS Findings 31F.T. C.

Stops dandruff and hair loss and grows new hair or money refunded. Helps grow new hair or no charge.

Used successfully by thousands of men an~ wom~n. Special 30-day offer. Send only ~1 for treatment. Regularly $3. PAR. 3. By the use of the representations hHeinabove set forth, and other representations similar thereto not specifically set out herein, respondent represents that her said preparation is a competent and effective remedy for the conditions known as dandruff and falling hair; that it grows new hair; that it has been used successfully by thousands of persons; and that the price at which said preparation is offered for sale is a "special" price and is substantially less than the price at which said preparation is customarily offered for sale. PAR. 4. The statements and representations made by the respondent, as aforesaid, are false, misleading, and untrue. In truth and in fact, said preparation is not a competent or effective remedy for dandruff or falling hair; it will not grow new hair; nor has it been used successfully by thousands of persons, or any other number. The price at which said preparation is offered for sale is not a special or reduced price, but is the price at which said preparation is regularly and customarily sold.

PAR. 5. The use by the respondent of the foregoing false, deceptive, and misleading statements and representations, disseminated as aforesaid, has had and now has the capacity and tendency to and does mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements and representations are true, and to induce a substantial portion of the purchasing public to purchase respondent's medicinal preparation because vf such erroneous and mistaken belief engendered as above set forth. PAR. 6. The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on October 3, 1939, issued and thereafter served its complaint in this proceeding upon said respondent, Veronica Ignatovitch, trading as l\Iadame Vera, l\Iadam Vera, and Mme. Vera, charging her with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On October 20, 1939, the respondent filed her answer in this proceeding. Thereafter, a stipulation was entered into, subject to the approval of the Commission, between Robert H. Gould, attorney for the respond- 1-.IADAME VERA, ETC. 483 480 Findings ent, tlie respondent in person, and John M. Russell, attorney for the Federal Trade Commission, wherein it was agreed that the stipulation may be taken as the facts in this proceeding and in lieu of testimony in support of the charges stated in the complaint or in opposition thereto, and that the said Commission may proceed upon such stipulation to make its report stating its findings as to the facts and its conclusion based thereon, and enter its order disposing of the proceeding without the presentation of argument or the filing of briefs.

Thereafter, this proceeding regularly came on for final hearing before the Commission on said complaint and answer and stipulation, said stipulation having been approved and acce.pted, and the Commission having duly considered the same and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes its findings as to the facts and its conclusion drawn • therefrom.

FINDINGS AS TO THE FACTS PARAGRAPH 1. The respondent Veronica Ignatovitch, is an individual, trading as Madam Vera, Madame Vera, and Mme. Vera, having her office and principal place of business located in Room 322, l\Ieigs Building, Bridgeport, Conn.

Respondent is now, and for more than one year last past has been, engaged in the business of manufacturing and selling a preparation for use on the hair and scalp known as "Madam Vera Hair Grower Salve." Respondent causes said product, when sold, to be transported from her place of business in the State of Connecticut to purchasers thereof located in other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said salve in commerce between and among the various States of the United Statps and in the District of Columbia.

PAR. 2. In the course and conduct of her aforesaid business prior to the date of the service of the complaint upon her, the respondent disseminated and caused the dissemination of false advertisements toncerning her said preparation by the United States mails, by insertions in newspapers and periodicals having a general circulation, and also in other printed or written matter, all of which are distributed in commerce among and between the various States of the United States, and by other means in commerce as "commerce" is defined in the Federal Trade Commission Act, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of said preparation; and also disseminated and caused the Findings 31 F. T. C. dissemination of false advertisements concerning her said preparation by various means for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of said preparation in commerce as "commerce" is defined in the Federal Trade Commission Act.

Among and typical of the false representations contained in the advertisements disseminated as aforesaid are the following: Madam Vera Hair Grower Salve .

.After washing your bead, rub in • • • enough salve to cover the whole scalp. .After three or four days • • * repeat this operation until yon will find dandruff bas entirely disappeared and a new growth of hair started. To ()btain permanent results, keep using the salve at weekly intervals. Picture of same man Picture of man with a growth of with bald head heavy black hair BEFORE Stops dandruff and hair loss and grows new hair or money refunded. Helps grow new hair or no charge.

Used successfully by thousands of men and women . . Special 30-day offer. Send only $1 for treatment. Regul:llly $3. Respondent has not disseminated or issued any such statements or advertisements as· hereinbefore set forth since the complaint was served on her herein.

PAR. 3. By the use of the representations herein set forth, and other representations similar thereto not specifically set out herein, respondent represents that her said preparation is a competent and effective remedy for the conditions known as dandruff and falling hair; that it grows new hair; that it has been used successfully by thousands of persons; and that the price at which said preparation is offered for sale is a "special" price and is substantially less than the price at which said preparation is customarily offered for sale. PAR. 4. Tile statements and representations made by the respondent, as aforesaid, are false, misleading, and untrue. In truth and in fact, said preparation is not a competent or effective remedy for dandruff or falling hair; it will not grow new hair; nor has it been used successfully by thousands of persons, or any other number. The price at which said preparation is offered for sale is not a special or reduced price, but is the price at which said preparation is regularly and customarily sold.

PAR. /5. The use by the respondent of the foregoing false, deceptive, and misleading statements and representations, disseminated as aforesaid, has had the capacity and tendency to and did mislead and deceive a substantial portion of the purchasing public into the errone- MADAME VERA, ETC. 485 480 Order ous and mistaken belief that such false statements and representations are true, and to induce a substantial portion of the purchasing public to purchase respondent's medicinal preparation because of such erroneous and mistaken belief engendered as above set forth. CONCLUSION The aforesaid acts and practices of the respondent, Veronica Ignatovitch, trading as Madame Vera, Madam Vera, and Mme. Vera, as herein found are all to the prejudice of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the re- ' spondent arid a stipulation of facts entered into between Robert H. Gould, attorney for the respondent, the respondent in person, and John M. Russell, attorney for the Federal Trade Commission, which stipulation provides among other things that without further evidence or other intervening procedure the Commission may issue and serve upon the respondent herein findings as to the facts and conclusion based thereon and an order disposing of the proceedings, and the Commission having made its findings as to the facts and conclusion that respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, Veronica Ignatovitch, trading as Madame V(:'ra, Madam Vera, and Mme. Vera, or trading under any other name or names, her agents, representatives, and employees, directly or through any. corporate or other device, in connection with the offering for sale, sale and distribution of her medicinal preparation adyertised as "Madam Vera Hair Salve", or any other medicinal preparation composed of substantially similar ingredients or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith cease and desist from directly or indirectly:

1. Disseminating or causing to be disseminated any advettisement (a) by means of the United States mails, or (b) by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisements represent directly or through inference that said preparation is a competent or effective remedy for the condition known as dandruff or falling hair; that it grows new hair; that it has been used successfully by anyone; or that any price which is Order 31 F. T. C.

the customary and usual price at which Said preparation is offered for sale is a special or reduced price.

2. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase in commerce, as "commerce" is defined in the Federal Trade Commission Act, of any said preparation which advertisements contain any of the representations prohibited in paragraph 1 hereof.

It is further ordered, That the respondent shall, within 60 days after service upon her of this order file with the Commission a report in writing setting forth in detail the manner and form in which she has complied with this order.

CARTER SALES CO. 487 Sylabus