Ragsdale Candies, Etc

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

IN THE MATTER OF W. HILLYER RAGSDALE, ANNIE M. RAGSDALE, MAR- SHALL D. RAGSDALE, AND IDA J. ·RAGSDALE, DOING BUSINESS AS '\V. HILLYER RAGSDALE, W. HILLYER RAGSDALE, INC., AND RAGSDALE CANDIES COI\I:PLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC, l'i OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 4472. Complaint, Mar. 19, 1941-Decision, Sept. 5, 1941 Where four Individuals engaged In interstate sale and distribution of outfits •. courses of instruction, supplies, and material represented to give men and women an opportunity to establish themselves in the business of making and selling home-made candy; In letters and circulars, and in advertisements in perlodicals- (a) Represented and Implied that their outfits and instruction afforded an opportunity to all, regardless of prior training and experience or amount Of their capital, to enter the business of making and selling home-made candies, and that, upon the purchase of such outfits and instruction, all such men and women, would thereby and by reason of their help, be enabled to set themselves up In a profitable business, which could be operated from or in the home;

(b) Represented and implied that through the use of such method and Instruction and the assistance which they gave by mail, and the equipment and supplies which they furnished, all such men and women were assured by them of success in the candy business and of a steady income and profits from the start, whether they took up such occupation as a part-time or full-time business ;

(c) Represented and implied that the equipment and supplies which they furnished were the same as, and Included, all the professional confectioners' tools, equipment, supplies, and materials, used in the most modern homemade candy kitchens, and required In making borne-made candy and Preparing it for sale, except certain inexnenslve materials; and (d) Represented and Implied that a purchaser of their outfits nnd instruction Would have nothing else to buy at the start, except "sugar, flavoring, etc."represented by them to be only inexpensive minor items-inasmuch as they furnished sufficient tools,· supplies and raw materials, except such "inex- Pensive items," to make over $40 worth of candy, which they represented F' to be enough to give the purchaser a good start; ll.cts being the instruction and equipment which they furnished were not sufficient to assure the acquisition of the neces~;ary skill in the manufacturing and merchandising of candy, or to permit a person having such skill to put' into operation and operate nn establishment in which enough candy could be made to meet the requirements of such business, or to supply candy · that could be sold for enough money to assure a successful bu!>iness or the earning of a steady income; the tools and equipment furnished by them did not include all those necessary to make home-made candy and prepare it for sale, but much additional expensive equipment would be necessary; the Complaint . 33F. T.C.

raw materials not furnished by them were not inexpensl~e but relatively expensive, and those furnished were not sufficient to enable the purchaser to make, even after the addition of materials not furnished, enough candy to start a business from which $--!0 ot· any· other definite amount could be earned In any given length of time, since such candy, like all fresh home· made candy, would be subject to deterioration from fermentation and Orying out, if not pt·operly made or promptly sold; other factors, not lndicated in their representations, enter into the difficulty of selling such candy; and their representations as to the opportunity affot·ded and certainty of success as above set forth had no basis in fact; and (e) Falsely represented and implied that a large number of men and women bad, by following their inethod, achieved success in the candy business and made a good steady income and profits, both as a part-time and as a full· time business; which statemt>nt, considering the number who had purchased their course, was without basis In fact;

Capacity, tendency and effect of which acts and practices were to mislead and decei>e a substantial pot·tion of the purchasing public Into the erroneous belief that said rt>presentatlons and implications were true, and to cause many members of said public, because of such belief, to purchase their outfits, courses of instruction, supplies and materials: 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 ond practices in commerce.

Defore Mr. lV. lV. Sheppard, trial examiner. Mr. D. E. lloopinga.rner for the Commi;;;sion. 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 vV. Hillyer Rags· dale, Annie M. Ragsdale, Marshall D. Ragsdale, and Ida J. Rags· dale, individually and doing business under the names and styles of \V. Hillyer Ragsdale, \V. Hillyer Ragsdale, Inc., and Ragsdale Can· dies, hereinafter referred to as respondents, have violated the pro· visions of 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 a~ follows:

PARAGRAPII 1. Respondents, \V. Hillyer Ragsdale, Annie M. Rags· dale, Marshall D. Ragsdale and Ida J. Ragsdale, are individuals trading and doing business under the names and styles of \V. Hillyer Ragsdale, \V. Hillyer Ragsdale, Inc., and Ragsdale Candies, with their office and principal place of business at 307 North Walnut Street in the city of East Orange, State of New Jersey. W. HILLYER RAGSDALE, ETC. 1243 1241 Complaint For more than 2 years last past respondents have been, and are now, engaged in the sale and distribution of outfits, courses of instruction, supplies, and materials which are represented by respondents to give men and women an opportunity to establish for themselves and in their homes the business of manufacturing and merclumdising home-made candy. In the course and conduct of said busines!' respondents have been and are now causing their said outfits, course~ of instruction, supplies and materials, when sold, to be transported from their said place of business tn the State of New Jersey to purchasers thereof located in various States of the United States and in the District of Columbia. Respondents maintain, and at all times lllentioned herein have maintained, a course of trade in their said outfits, courses of instruction, supplies and materials in commerce among and between the various States of the United States and in , the District of Columbia.

PAR. 2. In the course and conduct of their said business and for the purpose of inducing the purchase of their said outfits, courses of instruction, supplies and materials, respondents, by means of letters and circulars and by m~ans of advertisements appearing in magazines and periodicals, all of which were circulated between and among the various States of the United States and in the District of Columbia, have made various representations with respect to their said outfits, courses of instruction, supplies and materials. Among said representations are the following:

(a) '\Ve help start you in business, furnishing outfits and instruction, operat- Ing "Specialty Candy Factory" home. Men-women opportunity to earn good steady income. All or spare time.

(b) Profits in "Specialty Candies" In a business for both men and women. (c) A Ragsdale "New System Specialty Candy Factory" will help set you np in a business of your own almost immediately. (d) By the Ragsdale Original Method, your home kitchen, ~>pare room or basement can be fitted up as a complete candy work-shop or candy studio. (e) Dy using the methods as outlined in our instruction, you should be assured of a cash income daily.

(f) With our personal assistance by mail, it will be next to impossible for You to fail to make money.

(g) Only a few pounds sold daily will net you a good income. (h) By the Ragsdale method you should begin rnnking and selling the dP!Ieious Spedalty Candies within a few days after starting. " (i) A Ragsdale "New System Specialty Candy Factory" makes it possible to turn your spare time into cash profits.

(j) You should brgin to make money almost fr·om the first day you start. (k) C9mplete course In professional and home-made candy manufacturingprofessional confectioners' big outfit of tools-professional confectioners' outfit of materials nnd supplies.

1244 FEDERAL TRADE CO.MMISSION DECISIONS Complaint 33F.T.C.

(I) Professional confectioners' big tool outfit. This outfit consists of the following standard full-size professional equipment, the same as used in the best candy factories and candy kitchens. It should not be confused with cheap borne candy outfits.

(m.) To further help you get a quick and successful start in this profitable business with the least possible outlay of money, we are going to ship sutficient supplies and raw materials with the course and outfits, free of extra cost, to help make over $40.00 worth of candy. A list of these supplies Is enclosed with this letter. There will be nothing else to buy at the start except sugar, flavor- Ings, etc. These you may already have in your home. You should begin to make and sell candy at a large profit from the first week. (n) The supplies and tools which we furnish free of extra cost with the coarse and outfits will help make up over $40.00 worth of candy. This will give you a good start and enable you to buy future supplies in large quantities. (o) The successful operators of our "New System Specialty Candy Factories" are di~ided into two classes-men and women who are making candy during their spare time at home to earn extra money, and those who have taken up the work of a permanent full-time business. Whichever plan you choose you cannot go wrong.

(p) These people are making money through the Ragsdale original method of candy making.

Through the statements, claims and representations aforesaid, and others of similar import and meaning not herein set out, respondents have represented and implied that their outfits and instruction afford an opportunity to all men and women, regardless o£ their prior training and experience or the amount o£ their capital, to enter the business of making and selling home-made candies; that all such men and women, upon the purchase o£ such outfits and instructions, will thereby and by reason o£ respondents' help be enabled to set themselves up in a profitable business; that by respondents' method of making and selling candy, such business can be operated from or in the home; and by use o£ such method as outlined in their instruc· tion and by reason of their outfits and instruction, and the assistance which they give by mail, and the equipment, tools, supplies and raw' materials which they furnish with their instruction, all such, men and women are assured by respondents o£ success in the candy busi· ness and of a steady income and profits from the start, whether they take up such business as a part-time or a full-time business. Respondents have also represented and implied that the tools, equipment, supplies and materials that they furnish are the same as, and include, all the professional confectioners' tools, equipment, sup· plies, and materials, except certain inexpensive materials, used in the most modern home-made candy kitchens and that are required in the making of home-made candy and the preparing of it for sale. Respor1dents have also represented and implied that a purchaser of their outfit& and instruction will have nothing else to buy at the W. HILLYER RAGS'DALE, ETC. 1245 1241 Complaint start, except "sugar, flavoring, etc.," which have been represented by respondents to be only inexpensive minor items, inasmuch as they also furnish, free of extra cost, sufficient tools, supplies and raw materials, except said inexpensive items, to make over $40.00 worth of candy. which respondents have represented to be enough candy to give the purchaser a good start in the candy business. Respondents have also represented and implied that a large number of the men and women who have purchased their course of in- ·struction, have, by following their method of making and selling -candy, achieved success in the candy business and, made a good steady income and profits, making and selling candy, both as a part-time and as a full-time business.

PAR. 3. There is no basis in fact for the many and various assurances that respondents give men and women that they can enter, or that there is an opportunity of entering, the candy business, by beginning in such limited way, suggested by respondents, or that ·~Uch opportunity is afforded by respondents' furnishing outfits and lnstructions, or that they are thereby helped to start in business, ·or that by respondents' help they can set themselves up in a profitable business, or that by respondents' method of making and selling candy such business can be operated £rom or in the home, or that ~y following respondents' methods, or by reason of their outfits and lllstruction, or the assistance given by mail, or the equipment, tools, supplies and materials furnished, they can, or will, become successful in the candy business, or make a steady income, or profits, either as a part-time or as a full-time business.

The ontfits and instruction, equipment, tools, supplies, and rnw lnaterials which respondents furnish are not sufficient, taken separately or as a whole, to assure the acquisition of the necessary skill in the manufacturing and merchandising of candy. They. are not sufficient to permit a person having the necessary skill in the making .and selling of candy to put into operation and operate an establishment in which sufficient candy can be made to meet the require- Inents of such business. They are not sufficient to supply enough candy that can be sold for enough money to assure the successful beginning of a candy business or the earning of a steady income. The tools and equipment furnished by respondents are not the same, and do not include, all the tools and equipment necessary to Inake home-made candy and prepare such candy for sale. Much <tdditional expensive equipment would be necessary. All the equiplll.ent, tools, supplies and materials furnished by respondents have .a value of not to exceed $2.50. The raw materials which are not furnished by respondents are not inexpensive but are relatively ex- 435526m--42--voi.33----79 Findings 33F.T.C.

pensive. The supplies and raw materials that respondents furnish are not sufficient to enable the purchaser to make, even after the addition of materials not furnished, enough candy to start a business from which $40 or any other definite amount can be earned in any given length of time. Such candy, like all fresh home-made candy, would be subject to becoming stale and hard and to deterioration from fermentation and drying out, i:f not properly made, or if not promptly sold. Other factors, which are not indicated in respondents' representations, enter into the difficulty of selling such candy.

There is also no basis in fact for respondents' statement that a large number of the men and women who have purchased their course of instruction, considering the number that have purchased it, have, by following their method of making and selling candy, achieved success in the candy business or made a steady income, making and selling candy, either as a part-time or as a full-time business. The aforesaid representations and implications made and published by respondents as aforesaid are grossly exaggerated, false, misleading, and deceptive.

PAR. 4. The use by respondents of the acts and practices hereinabove mentioned in connection with the sale and distribution of their outfits, courses of instruction, supplies and materials, in commerce, has the capacity and tendency to, and does, mislead and deceive a substantial portion of the pu~chasing public into the erroneous and mistaken belief that said representations and implications are true, and causes many members of the purchasing public, because of said mistaken and erroneous belief, . to purchase respondents' outfits, courses of instruction, supplies and materials. · - PAR. 5. The aforesaid acts and practices of respondents 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 the 19th day of March 1941, issued and served its complaint in this proceeding·upon said respondents, ,V. Hillyer Ragsdale, Annie 1\I. Ragsdale, Marshall D. Ragsdale, and Ida J. Ragsdale, individually and doing business under the names and styles of W. Hillyer Ragsdale, ,V. Hillyer Ragsdale, Inc., and Ragsdale Candies, charging them with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On April 8, 1941, the respondents filed their W. HILLYER RAGS1:YALE', ETC. 1247 1241 Findings ~answers in this proceeding. Thereafter, a stipulation was entered Into by and between counsel for the Commission and the respondents1 Marshall D. Ragsdale, acting for himself, and W. Hillyer Ragsdale, ~acting for himself, and Annie 1\:I. Ragsdale and Ida J. Ragsdale, sub- Ject to the approval of the Commission, whereby it was stipulated and agreed that a statement of facts thereupon read into and made a Part of the record in this proceeding, 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 said statement of facts 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 or of a report upon t~e evidence by the trial examiner. Thereafter, this proceeding regularly came on for final h_hearing before the Commission on said complaint, answers and stipulation, said stipulation having been approved and accepted and made a part of the record, and the Com-· ~ission having duly considered the same and being now fully advised] ln the premises, finds that this proceeding is in the interest of the Public and makes its findings a~ to the facts and its conclusion drawn therefrom.

FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondents, "\V. Hillyer Ragsdale, Annie l\L Rags- ~ale, Marshall D. Ragsdale and Ida J. Ragsdale, are individuals trad- Ing and doing business under the names and styles of "\V. Hillyer Ragsdale, "\V. Hillyer Ragsdale, Inc., and Ragsdale Candies, with their c.ffice and principal place of business ·at 307 North ·walnut Street in the city of East Orange, State of New Jersey. For more than 2 years last past respondents have been, and are ~ow, engaged in the sale and distribution of outfits, courses of instruction, supplies and materials which are represented by respondents to ¥ive men and women an opportunity to establish for themselves and ln their homes the business of manufacturing and merchandising home-made candy. In the course and conduct of said business respondents have been and are now causing their said outfits, courses of instruction, supplies and materials, when sold, to be transported from their said place of business in the State of New Jersey to purchasers thereof located in various States of the United States and in the District of Columbia. Respondents maintain, and at all times mentioned herein have maintained, a course of trade in their said outfits, courses of instruction, supplies and materials in commerce Findings 88F.T.C.

among and between the various States of the United States and in the District of Columbia.

P A.R. 2. In the course and conduct of their said business and for the purpose of inducing the purchase of their said outfits, course of instruction, supplies, and materials, respondents, by means of letters ;and circulars and by means of advertisements appearing in magazines and periodicals, all of which were circulated between and among the various States of the United States and in the District of Columbia, have made various representations with respect to their said outfits, courses of instruction, supplies and materials. Among said repre· sentations are the following:

(a) We help to start you in business, furnishing outfits and instruction, oper· ating "Specialty Candy Factory" home. Men-women opportunity to earn good steady income. All or spare time.

(b) Profits in "Specialty Candies" in a business for both men and women. (c) A Ragsdale "New System Specialty Candy Factory" will help set you uP in a business of_ your own almost immediately. (d) By the Ragsdale Original Method, your home kitchen, spare room or basement can be fitted up as a complete candy work-shop or candy studio. (e) By using the methods as outlined in our instruction, you should be assured of a cash income daily.

(f) With our personal assistance by mail, it will be next to impossible for you to fail to make money.

(g) Only a few pounds sold daily will net you a good income. (h) By the Ragsdale method you should begin ma-king and selling the delicious Specialty Candies within a few days after starting. (!) A Ragsdale "New System Specialty Candy Factory" makes it possible to turn your spare time into cash profits.

(j) You should begin to make money almost from the first day you start. (k) Complete course in professional and home-made candy manufacturing-professional confectioners' big outfit of tools-professional confectioners' outfit of materials and supplies.

(I) Professional confectioners' big tool outfit. This outfit consists of tbe following standard full-size professional equipment, the same as used in the best candy factories and candy kitchens. It should not be confused with cheap hoiile candy outfits.

(m) To further help you get a quick and successful start in this profitable business with the least possible outlay of money, we are going to ship sufficient supplies and raw materials with the course and outfits, free of extra cost, to help make over $40.00 worth of candy. A list of these supplies is enclosed with this letter. There will be nothing else to buy at the start except sugar, flavorings. etc. These you may already have in your home. You should begin to malce and sell candy at a large profit from the first week. ( n) The supplies and tools which we furnish free of extra cost with the course and outfits will help make up over $40.00 worth of candy. This will give you a good start and enable you to buy future supplies in large quantities. ( o) The successful operators of our "New System Specialty Candy Factories" ttre divided into two closes-men and women who are making candy cturing their spare time at home to earn extra money, and those who have taken up tbe W. HILLYER RAGS/DALE, ETC. 1249 1241 Findings work of a permanent full-time business. Whichever plan you choose you cannot ko wrong.

(p) These people are making money through the Ragsdale original method of .

Through the statements, claims and representations aforesaid, and others of similar import and meaning not herein set out, respondents hav-e represented and implied that their outfits and instruction afford ·~n opportunity to all men and women, regardless of their prior train- Ing and experience or the amount of their capital, to enter the business of making and selling home-made candies; that all such men and Women, upon the purchase of such outfits and instruction, will thereby ~nd by reason of respondents' help be enabled to set themselves up ln a profitable business; that by respondents' method of making and selling candy, such business can be operated from or in the home; and by use of such method as outlined in their instruction and by r~ason of their outfits and instruction, and the assistance which they giv-e by mail, and the equipment, tools, supplies, and raw materials Which they furnish with their instruction, all such men and women are assured by respondents of success in the candy business and of a ~te~dy income and profits from the start, whether they take up such Usmess as a part-time or a full-time business, Respondents have also represented and implied that the tools, equipment, supplies and materials that they furnish are the same as, and include, all the professional confectioners' tools, equipment, ~Upplies, and materials, except certain inexpensive materials, used ~n the most modern home-made candy kitchens and that are required ln the making of home-made candy and the preparing of it for sale. Respondents have also represented and implied that a purchaser Of their outfits and instruction will have nothing else to buy at the start, except "sugar, flavoring, etc.," which have been represented by respondents to be only inexpensive minor items, inasmuch as they also furnish, free of extra cost, sufficient tools, supplies and raw :materials, except said inexpensive items, to make over $40.00 worth of c~ndy, which respondents have represented to be enough candy to giv-e the purchaser a good start in the candy business. Respondents have also represented and implied that a large number 0,f the men and women who have purchased tpeir course of instruction, have, by following their method of making and selling candy, achieved success in the candy business and made a good steady income and profits, making and selling candy, both as a part-time and as a full-time business.

PAR. 3. There is no basis in fact for the many and various assurances that respondents give men and women that they can enter, Findings 33F. T.C.

or that there is an opportunity of entering, the candy business, by beginning in such limited way, suggested by respondents, or that such opportunity is afforded by respondents' furnishing outfits and instructions, or that they are thereby helped to start in business, or that by respondents' help they can set themselves up in a profitable business, or that by respondents' method of making and selling candy such business can be operated from or in the home, or that by following respondents' method, or by reason of their outfits and instruction, or the assistance given by mail, or the equipment, tools, supplies and materials furnished, they can, or will, become successful in the candy business, or make a steady income, or profits, either as 8 part-time or as a full-time business.

The outfits and instruction, equipment, tools, supplies and raw materials which respondents furnish are not. sufficient, taken separately or as a whole to assure the acquisition of the necessary skill in the manufacturing and merchandising of candy. They are not sufficient to permit a person having the necessary skill in the making and selling of candy to put into operation and operate an establishment in which sufficient candy can be made to meet the requirements of such business. They are not sufficient to supply enough candy that can be sold for enough money to assure the successful beginning of a candy business or the earning of a steady income. The tools and equipment furnished by respondents do not include all the tools and equipment necessary to make home-made candy and prepare such candy for sale. Much additional expensive equipment would be necessary. The raw materials which are not furnished by respondents are not inexpensive but are relatively expensive. The ~Supplies and raw materials that respondents furnish are not sufficient to enable the purchaser to make, even after the addition of materials not furnished, enough candy to start a business from which $40 or any other definite amount can be earned in any given length of time. Such candy, like all fresh home-made candy, would be subject to becoming stale and hard and to deterioration from fermentation and drying out, if not properly made, or if not promptly sold. Other factors, which are not indicated in respondents' representations, enter into the difficulty of selling such candy.

There is also no basis in fact for respondents' statement that a large number of the men and women who have purchased their course of instruction, considering the number that have purchased it, have, by following their method of making and selling candy achieved success in the candy business or made a steady income, making and selling candy, either as a part-time or as a full-time business. W. HILLYE:R RAGSDALE, ETC. 1251 -1241 Order The aforesaid representations and implications made and published by respondents as aforesaid are grossly exaggerated, false, misleading, and deceptive.

PAn. 4. The use by respondents of the acts and practices hereinabove mentioned in connection with the sale and distribution of their outfits, courses of instruction, supplies, and materials, in commerce, has the capacity and tendency to, and does, misl~ad and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that said representations and implications are true, and causes many members of the purchasing public, because of said mistaken and erroneous belief, to purchase respondents' outfits, courses of instruction, supplies and materials. CONCLUSION The aforesaid acts and practices of the respondents 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 Commis- Sion upon the complaint of the Commission, the answers of the respondents and a stipulation entered into by and between counsel for the Commission and the respondents, wherein it was stipulated and agreed that a statement of facts thereupon read into and made a Part of the record in this proceeding 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 Comtnission may proceed upon such statement of facts to make its report, stating its findings as to the facts and its conclusion based thereon a.nd enter its order disposing of the proceeding without the presentation of ~argument or the filing of briefs or of a report upon the evidence by the trial examiner, and the Commission having made its findings as to the facts and its conclusion that said respondents have Violated the provisions of the Federal Trade Commission Act. It is ordered, That the respondents, 1V. Hillyer Hagsdale, Annie M. Ragsdale, Marshall D. Ragsdale, and Ida J. Ragsdale, individually and doing business under the names and styles of 1V. Hillyer :nagsdale, W. Hillyer Ragsdale, Inc., and Ragsdale Candies, or under a?y other t.rage name, their representatives, agents, and employees, dltectly or through any corporate or other device, in connection with the offering for sale, sale, and distribution of courses of instruction Order 33F.T.0· for making candy or o£ ·supplies or materials intended for use in making candy, in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist: 1. Representing that men and women who purchase respondents' outfits and instructions are afforded thereby an opportunity to enter the business of making and selling home-made candies; or that they will be enabled thereby and by respondents' help, to set themselves up in a profitable business; or that, through respondents' method of making and selling candy, such business can be operated success· fully £rom or in the home; or that by the use o£ such method, or by reason of such outfits or instructions, or by the assistance given to purchasers by mail, or by the tools or equipment or supplies or raw'· materials furnished by respondents with their instructions, such pur· chasers will or should be successful in the candy business or will or should receive therefrom a steady income and profits. 2. Representing that the tools, equipment, supplies and materials furnished by- the respondents include all the confectioners' tools, equipment, supplies, and materials, except certain minor inexpensive items, that are used in modern home-made candy kitchens or that they are all that are required in the making of home-made candy and in the preparing of it for sale, except minor inexpensive items; or that respondents furnish sufficient tools, supplies and raw materials, except for minor inexpensive items, to make over $40 worth of candy, or enough candy to give the purchaser a good start in the candy business.

3. Representing that a large number of men and women who have purchased respondents' courses of instruction, tools and equipment have, by following their method of making and selling candy, achieved success in the candy business and made a steady income and profits making and selling candy either as a part-time or as a full· time business.

It i8 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.

-' POND'S EXTRACT CO. 1253 Syllabus