Gauss, Mary Eloise

Text (OCR of the scan at left; may contain errors)

IN THE MATIER OF MARY ELOISE GAUSS, TRADING AS SPRAGUE-KITCHEN & COMPANY 1\IODIFIED CEASE AND DESIST ORDEU Docket 3821. Order, Aug. 16, 1940 Order of August 23, 1939, 29 F. T. C. 671, requiring respondent, her ngeuts, etc., to cease and desist disseminating, ns in said order set forth in detail, advertisements representing that her said "Grnolene", or other similar cosmetic preilnration, is not a dye ot• will restore original color to gray hair, or supply deficient materials thereto, etc., as modified August 16, 1!)40, as below spt forth, so as to eliminate from said order prohibition ref:pecting failure to disclose possible injurious effects when npplied to skin where continuity of the int!'gument is broken.

Air. Robert Mathis, Jr., for the Commission. Modified ORDER TO CEASE AND DESIST 1 This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of respondent, in which answer respondent admits all the material allegations of fact set forth in said complaint, and states that she waives a 1I intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and conclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, Mary Eloise Gauss, individually and trading as Sprague-Kitchen & Co., or trading under any other name or names, her agents, representatives, and employees, directly or through any corporate or other device, do forthwith cease and desist from:

1 Original order of Aug. 23, 1939, was modified to rt>ad as above set forth, by following order of Aug. 16, 1940:

ORDilR STRIKING PORTION OF ORDER TO CEASE AND DESIST This matter coming on to be heard by the Commission upon the request of respondent that the order to cease and desist entered herein on Aug. 23, 1939, be modified by striking a certain portion thereof, and It appearing that the modification of said order In the respects requested Is in the public Interest, and the Commission having duly considered Bald request and the record herein, and being now fully advised In the premises; It is ordered that the order to cease and desist entered herein on Aug. 23, 193!1, be modified by striking therefrom the following language appearing In the last four lines thereof:

"or which advertisements fall to reveal that the use of said preparation may produce a harmful or Injurious E>lrect particularly In the eve>nt that such preparation Is appiiE>d to skin on "hlch there are lesions wblcb have broke>n the continuity or the Integument." It Is further ordered thrt except as here>In modified said order to cease and desist remain In full force and etrect.

786 FEDERAL TRADE COMMISSION DECISIOXS Ot·der 31 F. T. C.

Disseminating, or causing to be disseminated, any advertisement by means of the United States mails or in commerce, as commerce ~s defined in the Federal Trade Commission Act, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of a cosmetic preparation now designated ''Graolene," or any other cosmetic preparation composed of substantially similar ingredients or possessing substantially similar therapeutic properties, whether sold under that name or any other name or names, or 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 said preparation, which advertisements represent, directly or by implication, that said preparation is not a dye or is other than a dye, or will cause gray hair to change color without dyeing the hair; or that the use of said preparation will restore the original or natural color to gray hair, or will supply to the hair shaft the materials in which gray hair is deficient, or will cause the scalp, the hair or the roots of the hair to be normal or healthy; or that said preparation is an effective remedy or cure for dandruff or itching scalp, or will stimulate the growth of hair; or that said preparation is harmless or that the use thereof will produce no injurious effect.

It is further ordel•ed, 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.

AIR CONDITIONING TEXTILES, INC. 787 Complaint