Heifler & Jackson

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IN THE ?!fatter OF ROSE HEIFLER AND FRED JACKSON, DOING BUSINESS AS HEIFLER & JACKSON MODIFIED CEASE .AND DESIST ORDER Docket 3893. Order, N()1). 5, 19~0 Order modifying prlor order to cease and desist, made as ot .April 15, 1940, 30 F. T. C. 980, and which required respondent individuals, in connection with advertisement ot their said "Morgan's Pomade" tor scalp and hair, to cease and desist from representing the same as not a dye, or as supplying certain deficient materials to gray hair, or as having certain qualities In connection with use on hair, so as to strike from original order language thereof relating to failure to reveal, or asserted failure to reveal, possible injurious consequences of application thereof to tender, injured or broken skin, but in other respects leave in full force and effect said order, as below set forth.1 Mr. Clark N iclwls :for the Commission.

Mr. Philip Cooper, of New York City, :for respondents. Modified ORDER ro CEASE .AND Desist This proceeding having been heard by the Federal Trade Comlllission upon the complaint of the Commission and the answer of the respondents, in which answer respondents admit all the material allegations of the complaint set forth in said complaint and state that they waive all intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and conclusion that said respondents have violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondents, Rose Heifler and Fred Jackson, or either of them, their agents, representatives, and employees, directly or through any corporate or other device, do :forthwith cease and desist from:

-----1 Said modifying order reads as follows : t This matter coming on to be heard by tbe Commission upon the request of respondents hat the order to cease and desist entered herein on April 15, 1940, 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 said request and the record herein and being now fully advi~ed In the premises ; fl. It is ordered, That the cease and desist order entered herein on April 15, 1940, be modi· ., ed by striking therefrom the following language appparlng the last four lines thereof: or Which advertisements fall to reveal that the application of 'Morgan's Pomade' to tender,1 nJured or broi;en skin may re~ult In serious Injury to the health of the u~er." It is further ordered, That except as herein modified said order to cease and dPs!st remain 1u full force and etrect.

2ll6516m-41-vol. 31--85 Order 31F. T.C.

Disseminating or causing to be disseminated any advertisements by means of the United States mails or in commerce, as "commerce" is 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 preparation containing drugs now designated by the name ":Morgan's Pomade," or any other preparation, composed of !>ubstantially similar ingredients, or possessing substantially similar properties, whether sold under the same name or any other name, or disseminating, or causing to be disseminated, any advertisements by any means for the purpose of inducing, or which are 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 through implication, that said preparation is not a tint or dye; that its application causes the hair to change its color without dyeing; that the use of said preparation will restore the original color to gray hair; that its application supplies to the hair shaft the materials in which gray hair is deficient; that the use of said preparation prevents the hair from falling out; that said preparation when applied to the hair and scalp, penetrates into the roots of the hair and enriches the hair; that said preparation is a competent. and effective cure or remedy for dandruff. It is further ordered, That the respondents shall, within 60 days after service upon them of this order, file with the Commission a report. in writing setting forth in detail the manner and form in which they have complied with this order.

:MANCHESTER SILVER CO. ET AL. 1305 Syllabus