Muojo, Casimiro

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IN THE MATTER OF CASIMIRO MUOJO, TRADING AS ALVI CO.

AND AS ALVI, JNC.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket .9484. Complaint, Apr. 5, 1941-Decision, Aug. 7, 1941 Where an Individual engaged In Interstate sale and distribution of a hair dye cosmetic variously designated as "Vitale Instantaneous Hair Dye," "Vitale Rapid Hair Coloring," etc.; by means of advertisements disseminated through the mails and otherwise, including newspaper advertisements offering free samples, and circulars, leaflets, and other advertising literature sent in response to requests for such samples and in reply to inqulries-- (a) Represented that his said hair dye cosmetic was scientific, safe, and free from harmful, dangerous, and injurious chemicals, that It would end premature gray hair and produce a permanent, natural, uniform shade, that it gave the hair the warmth, color, lustre, and glint of youth and would have no ill effects, its statements accompanying samples including the representations "can be used by all persons having perfect skin and hair," along with advice, when in doubt, to apply a few drops of the product "behind the ear or on the arm," and statement that "If no redness appears on the following morning, you can use VITALE with the assurance that it will do no harm," It asserting in various advertising that it was "free from any harmful material," "safe FOR scalp AND HAIR," "perfectly safe," etc.; Facts being his said cosmetic was a chemical dye which was not capable o:r producing results claimed, and was not safe or harmless, in that it contained the toxic coal tar derivative paraphenylenediamine In sufficient quantity to cause skin Irritation and violent local dermatitis when used as prescribed, and; If absorbed Into the body, to result In vertigo, gastritis, exophthalmos, and asthma, among other ailments, while Its application to eyebrows or eyelashes might cause blindness; and (b) Failed to reveal, in such advertisements, facts material in the light of the representations contained therein, and that use of said hair dye cosmetic under prescribed or usual conditions might result In injury to health, 1n that they contained no warning against use of product on the eyelashes or eyebrows, nor adequate warnings as to the necessity of a proper skin patch test before each application to the hair, in order to determine user's toxic reaction;

With elfect of misleading and deceiving a substantial portion of the purchasing public into the erroneous belief that his said representations were true, and of Inducing It, beca11Se of said belief, to purchase his preparation: lleld, That such acts and practices, under the circumstances set forth, were all to the }'rejudiC'e and Injury of the public, and constituted unfair and decevtive acts and vractices in commerce.

Mr. Ja1nu L. Baker for the Commission.

Mr. Alfred 0. Ditolla, of New York City, for respondent. 936 FEDERAL TRADE CO:\Il\IISSION DECISIONS Complaint 33F.T.C.

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 Casimiro Muojo, an individual, trading as Alvi Co. and as Alvi, Inc., hereinafter referred to as respondent, has violated the provisions of the 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. Respondent, Casimiro Muojo, is an individual trading as Alvi Co. and as Alvi, Inc., with his office and principal place of business at 158 Grand Street, New York, N. Y., from which address he transacts business under the above trade names. PAR. 2. The respondent is now, and for more than 1 year last past has been, engaged in the sale and distribution of a certain hair dye cosmetic, variously designated as Vitale Instantaneous Hair Dye, Vitale Rapid Hair Coloring, Vitale Rapid, Vitale Hair Coloring, Vitale Hair Dye, and as Vitale.

In the course and conduct of his business the respondent causes said cosmetics, when sold, to be transported from his place of business in the State of New York to purchasers thereof located in other States of the United States and in the District of Columbia. At all times mentioned herein, respondent has maintained a course of trade in said cosmetic, sold and distributed by him in commerce between and among the various States of the United States and in the District of Columbia. . PAR. 3. In the course and conduct of his aforesaid business, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said product by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also disseminated, and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said product, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his said product in commerce, as commerce is defined in the Federal Trade Commission Act. Among, and typical of, the false, misleading, and deceptive statements and representations contained in said false advertisements, disseminated and caused to be disseminated, as hereinabove set forth, by advertisements in newspapers, are the following: ALVI CO., ETC. 937 935 Complaint WHITE HAIR Can be eliminated without danger in only 13 minutes by using VITALE RAPID once a month. It does not di~color upon washing and gives a natural shade. Price $2.00. Free Sample. State Color.

ALVI, INC.

158 Grand Street New York GRAY HAIR ·wm vanish in 15 minutes by using the rapid dye "VITALE" onctJ a month. Box for 4 applications, $2.00. Ask fot free sample and state the color of your hair.

ALVI CO.

158 Grand St., N. Y.

GRAY HAIR Can be eliminated without danger in only 15 minutes by using VITALE RAPID once a month. Does not lose color when washed and gives a natura~ shad~. Price $2.00. Free sample. State color.

ALVI CO.

158 Grand St., N. Y.

In answer to requests for free samples offered in the foregoing newspaper advertisements and in reply to inquiries regarding said product, the respond£'nt also di~seminated in the manner and for the purpose aforesaid, circulars, leaflets, and other achertising literature by the United States mails and by various other means in commerce, containing the following, false, misleading, and deceptive statements and representations:

VITALE gives a clear and natural color. The VITALE can be used by all persons having perfect skin and hair. When in doubt, we advise you to wash a bit of the skin behind the ear or on the arm. When dry, mix a few drops from vials A and B and apply. If no redness appears on the following morning, you can use VITALE with the assurance that it will do no harm. VITALE Is a most economical modern dye, ft·ee from any harmful material. Send the coupon today for the large box, and you will be glad to have given your hair the warmth and luster of youth.

ALVI CO.

158 Grand St.

New York, N. Y.

VlTAJ.El HAIR COI.ORI:\0 Only 1G minutes requit·ed to banish gray hair. One applkation ls required. VITALE Is easily applied In your own home with success. SAFE FOR RCAI.P AND HAIR. Perfect color, ''!TALE Is !.'Bfe. Over 30 years of experience ln manufacturing hair prpparatlons are your best guarantee. VITALE, the sclentlflc rapid hair coloring has brought happiness to thousands of womPn, secm·lty antl youthful appearance to thousands of men. Complaint 33 F. T. C. ALVI 00.

158 Grand St.

New York, N. Y.

Thousands use the VITALE with great success. It has been endorsed by the leading beautician, In Europe and America for over 10 years, because it Is not a commercialized hair dye, but the result of scientific researches. vtTALE Is perfectly safe. Hair coloring are safe to use. This modern hair coloring, free from any dangerous materials, Is economical and safe. \Vrlte today for the large box, and you will be glad to have given the youthful color, and glint to your hair.

ALVI CO.

158 Grand St.

New York, N. Y.

Youthful Hair END THE TRAGEDY OF PREMATURE GRAYNESS QUICKLY-SAFELY In order to overcome the handicap of gray hair, "Vitale," a rapid ideal hair coloring, was developed after years of constant research and study. Vitale, not only duplicates nature's color but penetrate iijside the hair, after Nature's own fashion, retaining its natural lustre si!Jmess and beauty. ALVI DISTRIBUTORS 158 Grand· Street New York, N. Y.

VITALE RAPID to re,.;to1·e routhful color to gray hair in uatm·e's wa~·. It prouuees a natural color that cannot be distinguished even under close serutlny. It does not contain injurious chemicals. It is permanent. It will give a uniform shade throughout a number of years. There is mot·e quality, supt·eme quality and effectiveness in VITAJ.E than any other preparation. ALVI, Inc.

158 Grand Street New York, N. Y.

PAR. 4. By the use of the representations hereinabove set forth and. other representations similar thereto not specifically set out herein, the respondent represents that his hair dye cosmetic, designated as Vitale Instantaneous Hair Dye and by various other names as aforesaid, is scientific, safe, and free from harmful, dangerous, and injurious chemicals; that it will end premature gray hair; that it will produce a permanent, natural, uniform shade; that it gives the hair the warmth, color, luster, and glint of youth and that its use will have no ill effects upon the hu~an body.

PAR. 5. The foregoing representations are grossly exaggerated, false, and misleading. In truth and in fact, the cosmetic sold and distributed by the respondent as aforesaid is a chemical dye and will not end premature gray hair, nor will it produce a permanent, natural, uniform shade. It is incapable of giving the hair the warmth, color, luster or glint of youth, or affecting the hair in any ALVI CO., ETC. 939 935 Fil!dings way other than a:> a dye. The said preparation is not safe, scientific, or harmless, as its use may result in serious and irreparable injury to health.

Respondent's preilaration contains paraphenylene-diamine, a toxic coal tar derivative, in sufficient quantity to cause in some cases skin irritation and other harmful effects, if said preparation is used under the conditions prescribed in said advertisements, or under such conditions as are customary or usual.

The use of said cosmetic may cause, in some cases, violent local dermatitis, and if absorbed into the body, it may result in vertigo, gastritis, exophthalmos, asthma, diplopia, asthenia, or subcutaneous oedema about the face and head. Furthermore, the application of said cosmetic to the eyebrows or eyelashes m any case may cause blindness.

PAR. 6. The advertisements disseminated by the respondent, as aforesaid, contain no warning against the use of said preparation on the eyelashes or eyebrows, nor do such advertisements contain adequate warnings as to the necessity of a proper skin patch test before each application of said preparation to the hair, in order to determine the toxic reaction of the user. Consequently, such advertisements constitute false advertisements in that they fail to reveal facts material in the light of the representations contained therein, and :fail to reveal that the use of said preparation under the conditions prescribed in said advertisements, or under such conditions as are customary or usual, may result in injury to health. P .AR. 7. The use by the respondent of the foregoing, false, deceptive, and misleading statements and representations with respect to his preparation, 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 statements, representations, and advertisements are true, and induce a portion of the purchasing public, because of such erroneous and mistaken belie£, to purchase respondent's preparation. PAR. 8. The aforesaid acts and practices of the 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. REI'ORT, FINDINGS AS TO TIIE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Com.mission Act, the Federal Trade Commission, on the 5th day of April 1941, issued, Findings 33F.T.C.

and on the 7th day of April 1941, served its complaint in this proceeding upon respondent, Casimiro Muojo, an individual, trading as Alvi Co. and as Alvi; Inc., charging him with the use of unfair and deceptive acts or practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respomlent's answer, the Commission, by order entered herein, granted respondent's motion for permission to withdraw said answer and to substitute therefor an answer admitting all the material allegations of fact set forth in said complaint and waiving all intervening procedure and further hearing as to said facts, which substitute answer was duly filed in the office of the Commission. Thereafter, this proceeding regularly came on for final hearing before the Commission on the said complaint and substitute answer, and the Commission, having duly considered the matter and being now 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 PARAGRAPH 1. Respondent, Casimiro Muojo, is an individual trading as Alvi Co. and as Alvi, Inc., with his office and principal place of business at 158 Grand Street, New York, N.Y., from which address he transacts business under the above trade names. PAR. 2. The respondent is now, and for more than 1 year last past has been, engaged in the sale and distribution of a certain hair dye cosmetic, variously designated as Vitale Instantaneous Hair Dye, Vitale Rapid Hair Coloring, Vitale Rapid, Vitale Hair Coloring, Vitale Hair Dye, and as Vitale.

In the course and conduct of his business the respondent causes said cosm,etic, when sold, to be transported from his place of business in the State of New York to purchasers thereof located in other States of the United States and in the District of Columbia. At all times mentioned herein, respondent has maintained a course of trade in said c.osmetic, sold and distributed by him in commerce behn~en and among the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of his aforesaid business, the respondent has disseminated and is now disseminating, and has caused nnd is now c;m::;ing the dissemination of, false advertisements concerning his said product by the United States mails and by various nther m,cans in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also disseminated, and is now disseminating, and has caused and is now causing the dissemination ALYI CO., ETC. 941 935 Findings of, false advertisements concerning his said product, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his said product in c.commerce, as commerce is defined in the Federal Trade Commission Act. Among, and typical of, the false, misleading, and deceptive statem,ents and repre- ~entations contained in said false advertisements, disseminated and caused to be disseminat!'d, as hereinabove set forth, by advertisements jn newspapers, are the following:

WHITE HAIR Can be eliminatl'd without tlangl'r in only 15 minnti'S by using VITALE RAPID once a month. It does not discolor upon washing and gi;es a natural shade. Price $2.00. Free Sample. State Color.

ALVI, INC.

1:J8 Grand Street New York Gray HAIR ,Will vanish in 15 minutes by using the rapid dJe "VITALE" once a month. Box for 4 applications, $2.00. Ask for free ;:ample and state the color of your hair.

AJXI CO.

l5S Grand St.

N_ Y.

GllAY BAIB Can be eliminntt>d \vithont Janger in only 13 minutes by using VITALE RAPID once a month. Does not lose color when washl'd and gi;es a natural shade. Price $2.00. Free sample. State color.

ALVI CO.

1:J8 Grand St.

N.Y.

In answer to requests for free samples offered in the. foregoing newspaper advertisements and in reply to inquiries regarding said product,. the. respondent also disseminated in the manner and for the purpose aforesaid, circulars, leaflets, and other advertising literature by the United States mails and by various other means in commerce, containing the following, false, misleading, and deceptive statements and representations:

VITALE giv!'s a clear and natural color. The VITALE can be used by all persons having perfect skin and hair. When In doubt, we advise you to wash a bit of tht> :;kiu behind tlie eat· or on the arm. \\'IJPn d1·y, mix a few d!'Opi'l from vial::! A and n alll apply. lt no retlness appt>ars on thl' following morning, you can use VITALE with the assurance that it will do no harm. VITALE Is a most 43~G2Gm---42---vol.S3----60 Findings 33F.T.C.

economical modern dye, free from any harmful material. Send the coupon today for the large box, and you will be glad to have given your hair the warmth and luster of youth.

ALVI CO.

158 Grand St.

New York, N. Y.

Vlt.-\LE HAIR COLORING Only 15 minutes required to banish gray hair. One application Is required. VITALE is easily applied in your own home with success. SAFE FOR scalp AND HAIR. Perfect color. VITALE is safe.. Over 30 years of experience in manufacturing hair preparations are your best guarantee. VITALE, the scientific rapid hair coloring bas brought happiness to thousands of women, security and youthful appearance to thousands of men. ALVI CO.

158 Grand St.

New York, N. Y.

Thousands use the VITALE with great success. It has been endorsed by the leading beautician, in Europe and America for over 10 years, because it is not a commercialized hair dye, but the result of scientific researches. VITALE is perfectly safe. Hair coloring are safe to use. This modern hair coloring, free from any dangerous materials, is economical and safe. Write today for the large box, and you will be glad to have given the youthful color, and glint to your hair.

Ar.n co.

158 Grand St.

New York, N. Y.

Youthful Hair END THE TRAGEDY OF PREMATURE GRAYNESS QUICKLY-SAFF.LY In order to overcome the handicap of gray hair, "Vitale", a rapid ideal hair coloring, was developed after years of constant research and study. Vitale, not only duplicates nature's color but penetrate inside the hair, after Nature's own fashion, retaining its natural lustre silkness and beauty. ALVI DISTRIBUTORS 158 Grand Street New York, N. Y.

VITALE RAPID to restore youthful color to gray hair in natures way. It produces a natural color that cannot be distinguished even under close scrutiny. It does not contain Injurious chemicals. It Is permanent. It will give a uniform shade throughout a number of years. There is more quallty, supreme quality and e1fectiveness in VITALE than any other preparation. AT.VI, INC.

158 Grand Street New York, N. Y.

PAR. 4. By the use of the representations h~reinabove set forth and other representations similar thereto not specifically set out ALVI CO., ETC. 943 935 . Findings herein, the respondent represents that his hair dye cosmetic, designated as Vitale Instantaneous Hair Dye and by various other names as aforesaid, is scientific, safe, and free from harmful, dangerous, and injurious chemicals; that it will end premature gray hair; that it will produce a permanent, natural, uniform shade; that it gives the hair the warmth, color, luster, and glint of youth and that its use will have no ill effects upon the human body. PAR. 5. The foregoing representations are grossly exaggerated, false, and misleading. In truth and in fact, the cosmetic sold and distributed by the respondent as aforesaid is a chemical dye and will not end premature gray hair, nor will it produce a permanent, natural, uniform shade. It is incapable of giving the hair the warmth, color, luster, or glint of youth, or affecting the hair in any way other than as a dye. The said preparation is not safe, scientific, or harmless, as its use may result in serious and irreparable injury to health.

Respondent's preparation contains paraphenylene diamine, a toxic coal tar derivative, in sufficient quantity to cause in some cases skin irritation and other harmful effects, if said preparation is used under the conditions prescribed in said advertisements, or under such conditions as are customary or usual.

The use of said cosmetic may cause, in some cases, violet local dermatitis, and if absorbed into the body, it may result in vertigo, gastritis, exophthalmos, asthma, diplopia, asthenia, or subcutaneous oedema about the face and head. Furthermore, the application of said cosmetic to the eyebrows or eyelashes in any case may cause blindness.

PAn. 6. The advertisements disseminated by the respondent, as aforesaid, contain no warning against the use of said preparation on the eyelashes or eyebrows, nor do such advertisements contain adequate warnings as to the necessity of a proper skin patch test before each application of said preparation to the hair, in order to determine the toxic reaction of the user. Consequently, such advertisements constitute false advertisements in that they fail to reveal facts m'lterial in the light of the representations contained therein, and fail to reveal that the use of said preparation under the conditions prescribed in said advertisements, or under such conditions as are customary or usual, may result in injury to health. PAR. 7. The use by the respondent of the foregoing, false, de. ceptive, and misleading statements and representations with respect to his preparation, disseminated as 'aforesaid, has had and now has, the capacity and tendency to, and does, mislead and deceive a sub. stantial portion of the purchasing public into the erroneous and . Order 83F.T. C.

mistaken belief that such statements, representations, and advertisements are true, and induce a portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent's. preparation.

CONCLUSION The aforesaid acts and practices of the respondent as herein found 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. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, in which answer the respondent admits all the material allegations of fact set forth in said complaint and states that he waives all intervening procedure and further hearing as to said factst and the Commission having made its findings as to the facts and jts conclusion that said respondent has violated the provisions of the Federal Trade Commission Act;

It is ordered, That the respondent, Casimiro Muojo, an individualt trading as Alvi Co. and as Alvi, Inc., !=>r trading under any other name or names, his representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of his hair dye cosmetic variously advertised as Vitale Instantaneous Hair Dye, Vitale Rapid Hair Coloring, Vitale Rapid, Vitale Hair Coloring, Vitale Hair Dye, and as Vitale, or any other hair dye cosmetic or product of substantially similar composition 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 advertisement (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 advertisement represents, directly or through inference, that said preparation is a safe or scientific cosmetic, free .from harmful, injurious, or dangerous chemicals; that its use will end premature gray hair or produce a permanent, natural, uniform shade, or give the warmth, color, luster, or glint of youth to the hair; or which adv('rtisement fails to conspicuously reveal therein the following:

c<~.unoN: This product contains ingt·edients which may cane "'kin Irritation on certain Individuals and preliminary te~ts according to accompanying ALVI CO., ETC. 945 935 Order directions should ftt·st be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness. Prol,ided, however, That surh advertisement need contain only the statement:

CAUTION: Use only as directed on label.

if and when such label bears the first-described caution conspicuously displayed thereon and the accompanying labeling bears adequate directions for such preliminary testing before each application. 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 said preparation, which advertisement contains any of the representations prohibited in paragraph 1 hereof or which advertisement fails to conspicuously reveal therein the following: CAUTION: This product contains ingredients which may cause skin irritation on certain individuals and preliminary tests according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes ot· eyeb1·ows; to do so may cause hllndness. Provided, lwwever, That such advertisement need contain only the statement:

caution: Use only I!S directed on label, ~f and when such label bears the first-described caution conspicuously displayed thereon and the accompanying labeling bears adequate directions for such preliminary testing before each application. It is further ordered, That respondent shall, within 10 days af~r service upon him of this order, file with the Commission an interim report in writing, stating whether he intends to comply with this order, and if so, the maner and form in which he intends to comply; and that within 60 days after the service upon him df this order, said respondent shall file with the Commission a report in writing, setting forth in detail the manner and form in which he has complied with this order.

946 FEDERAL TRADE COMM:ISSION DECISIONS Syllabus 33F.T.C.