Donnell, Clifford S

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IN THE Matrer OF CLIFFORD S. DONNELL, TRADING AS QUEEN ANN MANUFACTURING COM:P ANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT, 26, 1014 Docket 4652. Complaint, Dec. 4, 1941-Decision, Feb. 9, 1912 "'here an individual, engaged in Interstate sale and distribution of a certain hair dye cosmetic, variously designated as "Queen Ann Hair Dye," "Queen Ann Hair Coloring," and "Queen Ann Liquid Hair Coloring"- (a) Represented, through advertisements in newspapers and by circulars and other advertising literature, and otherwise, that his said preparation would stop hair from growing gray, give gray hair a permanent coloring, and preserve the natural beauty of the hair and make it smooth and silky; and (b) Represented, as aforesaid, that it was an amazing new hair dye which could bel applied in half the time usually required for other hair dyes, was quicker drying and caused the hair to hold its color longer than o~h­ ers, was used exclusively by better beauty shops, and endorsed by the State Beauty Commission of New Jersey;, The facts being product In question was a coal-tar dye preparation similar to many other hair dyes, would not accomplish the various results above claimed therefor, and was not used exclusively by better beauty shops or endorsed by said Commission; and (c) Falsely represented, through his use of trade name including word "manufacturing," that he owned or controlled a manufacturing plant which made said preparation;

With effect of misleading and deceiving a substantial portion of the purchas- Ing public into the mistaken belief that such representations were true, and of inducing it, by reason thereof, to purchase his said product: Held, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public, and constituted unfair and deceptive acts and practices in commerce.

Mr. Merle P. Lyon for the Commission.

Co:r.rPLAINT 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 Clifford S. Donnell, nn individual, trading as Queen Ann Manufacturing Co., hereinafter referred tp 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 ~- Respondent, Clifford S. Donnell, is an individual, trading ns Queen Ann Manufacturing Co., with his office and prin- QUEEN ANN MANUFACTURING CO. 629 628 Complaint dpal place of bllsiness at 164 West Market Street, Newark, N. J., from which address he transacts business under the above trade name. PAR. 2. The re!iipondent 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 Queen Ann Hair Dye, Queen Ann Hair Coloring, and as Queen Ann Liquid Hair Coloring. In the course and conduct of his business the respondent causes -said cosmetic, when sold, to be transported from his place of business in the State of ·New Jersey to purchasers thereof located in various 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 etused and is now causing the dissemination of, false advertisements -coilCerning his srtid 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 hfi.S 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 defihed 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 the United States mails, by advertisements in newspapers, by cir- -culars, and othet advertising literature, are the following: Gray huir-Get rid of It this quick easy way. Used exclusively by better class beauty shops. Queen Ann Liquill Hair Coloring makes dull, faded, gmy hair u Smooth ' Silky Jet-Black-sa natural tlui.t even your closest friends can't tell it was gray 1 Makes you lcok ronny years younger.

Endorsed by New Jersey State lleauty Commission. Queen Ann Hair Dye Makes Gray Hair Vanish.

A Longer Lastin~ hair dye, removes ull truces of gruy hair in one application. Gives permanent coloring and presencs the natural beauty of the hair. Dye n head in hal! the time.

Queen Ann sets l\Inch Quicker than any other dye. Commissioner Christine l\1. Howell endorses Queen Ann Il<llr Coloring. Astounding Results.

l'.\1rpnsses All Othet· Dyes.

Complaint 34 F.T. G. Quicker Drying.

Holds color longer.

Endorsed by leading beauticians of State.

Fastest Selling Hair Dye in America.

At last-here is a new, amazing hair coloring, which makes all gray, dult and faded hair disappear.

Now You Can End Gray Hair Quickly. Amazing, New, Queen Ann Hair Dye,. Amazing New Hair Dye Stops Gray Hair.

PAR. 4. lly the use of the repres~ntations hereinafter set forth and other representations similar thereto, not specifically set out herein, the respondent has represented and does represent that his hair dye preparation, designated and advertised as Queen Ann Hair Dye, Queen Ann Hair Coloring, and as Queen Ann Liquid Hair Coloring will stop hair from growing gray and give gray hair a permanent coloring; that it will preserve the natural beauty of the hair and make it smooth and silky; that it is an amazing new hair dye; that it can be applied in half the time usually required to apply all other hair dyes; that it is quicker drying and causes the hair to. hold its color longer than other hair dyes; and. that it is used exclusively by better beauty shops and. that it is endorsed by the State Beauty Commission of New Jersey.

Furthermore, respondent, by the use of the trade name, Queen Ann Manufacturing Co., represents that he owns or controls a manufacturing plant which manufactures said hair dye preparation. PAR. 5. The aforesaid representations are grossly exaggerated, false, and misleading. The use of the aforesaid hair <lye preparation will not stop hair from growing gray and will not give gray hair a permanent coloring. Said preparation will not preserve the natural beauty of the hair and make it smooth and. silky. Said preparation cannot be applied in half the time required to apply other hair dyes and it will not dry quicker and. cause the hair to hold its color longer than all other hair dyes. Said hair dye is not an amazing new hair dye but is a coal tar dye preparation similar to many other hair dye preparations. Said preparation is not used exclusively by better · beauty shops and. it has not been endorsed by the State Beauty Com· mission of New Jersey.

Furthermore, respondent does not own or control a manufacturing plant which manufactures said hair dye preparation. PAR. 6. The use by the respondent of the foregoing false, deceptiw, awl misleading statements and representations with respect to his preparation, disseminated as aforesaid, has had. and now has, the capacity and tend.ency to, and uoes, mislead and. deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements, representations, and adwrtisements are QUEEN A:\IN MANUFACTURING CO. 631 !128 • Findings true, and induce a portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent's preparation. PAR. 7. 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. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on December 4, 1941, issued, and on December 5, 1941, served its complaint in this proceeding upon respondent, Clifford S. Donnell, an individual, trading as Queen Ann Manufacturing Co., charging him \with the use of unfair and deceptive acts or practices in commerce in violation of the provisions of said act. On Deeember 23, 1941, the respondent filed his answer, in which answer he admitted all the material allegations of fact set forth in said complaint and waived all intervening procedure and further hearing as to said facts.

Thereafter, the proceeding regularly came on for final hearing before the Commission on the said complaint and the answer thereto, 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, Clifford S. Donnell is an individual, trading as Queen Ann Manufacturing Co., with his office and principal place of business at 164 ''re:;t l\Iarket Street, Newark, N. J., :from which address he transacts business under the above trade name. PAR. 2. The respondent is now, and for more than 1 year last past has been·., enc•nrredt-J L-' in the sale and distributions of a certain hair dve.,} cosmetic, variously designated as Queen Ann Hair Dye, Queen Ann Hair Coloring-, and us Queen Ann Liquid Hair Coloring. In the comse and conduct of his businer-;s the respondent causes sniu cosmetics, when sold, to be transported from his place of business in the State of New J erey to purchasf'rs t herpof located in Ya rio us 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 behYf'en and among" the various States of the United Statps antl 1n I o • the District of Columbia.

• Findings 34F.T.C. PAR. 3. In the course and conduct of his aforesaid business, the respondent has disseminated and is n~w 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 )ikely 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 the United States mails, by advertisements in newspapers, by circulars, and other advertising literature, are the following: Gray hair-Get rid of It this quick easy way. Used exclusively by better class beauty shops. Queen Ann Liquid Hair Coloring makes dull, faded, gray hair a smooth Silky Jet-Black-so natural that even your closest frien~s can't tell it was gray! Makes you look many years younger.

Endorsed by New Jersey State Beauty Commission. Queen Ann Hair Dye ll!akes Gray Hair Vanish. A Longer Lasting hair dye, removes all traces of gray hair in one application. Gives permanent coloring and preserves the natural beauty of the hair. Dye a head In half the time.

Queen Ann sets Much Quicker than any other dye. Commissioner Christine III. Howell endorses Queen Ann Hair Coloring. Astounding Results.

Surpasses All Other Dyes.

Quicker Drying.

Holds color longer.

Endorsed by leading beauticians of State.

Fastest Selling Hair Dye in America.

At last-here is a new, amazing hair coloring, which makes all gray, dull and faded hair disappear.

Now You Can End Gray Hair Quickly. Amazing, New, Queen Ann Hair Dye. Amuzing New Hair Dye Stops Gray IIair.

PAR. 4. lly tlle use of the representations hereinabove set forth and other representations similar thereto, not specifically set out herein, the respondent has represented and does represent that his hair dye preparation, designated and advertised us Queen Ann Hair Dye, Queen Ann Hair Coloring, and us Queen Ann Liquid Hair Coloring will stop hair from growing gray and give gray hair a permanent coloring; that it will preserve the natural beauty of the hair and make it smooth and, silky; that it is an amazing new h:iir dye; that it can be applied in half QUEEN ANN MANUFACTURING CO. 633 628 Order the time usually required to apply all other hair dyes; that it is quicker drying and causes the hair to hold its color longer than other hair dyes; and that it is used exclusively by better beauty shops and that it is endorsed by the State Beauty Commission of New Jersey. Furthermore, respondent, by the use of the trade name, Queen Ann Manufacturing Oo., represents that he owns or controls a manufacturing plant-which manufactures said hair dye preparation. PAR. 15. The aforesaid representations are grossly exaggerated,'false, and misleading. The use of the aforesaid hair dye preparation will not stop hair from growing gray and will not give gray hair a permanent coloring. Said preparation will not preserve the natural beauty of the hair and make it smooth and silky. Said preparation cannot be applied in half the time required to a·apply other hair dyes and it will not dry quicker and cause the hair to hold its color longer than all other hair dyes. Said hair dye is 'not an amazing new hair dye but is a coal tar dye preparation similar to many other hair dye preparations. Said preparation is not used exclusively by better beauty shops and it has not been endorsed by the State Beauty Commission of New Jersey. Furthermore, respondent does not own or control a manufacturing plant which manufactures said hair dye preparation. PAR. 6: 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 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 hav~ng 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 facts, and the Commission having made its findings as to the facts and its conclusion Order 3-!F. T. C. that said respondent has violated the provisions of the Federal Trade Commission Act. ~ ft Us ordered, That the respondent, Clifford S. Donnell, an individual, trading as Qu~en Ann Manufacturing Co., or trading under any other name or names, his representatives, agents and employees, directly or through any corporate or other device, in connection with the offerii]g for sale, sale or distribution of this hair dye cosmetic variously advertised as Queen Ann Hair Dye, Queen Ann Hair Coloring, and as Queen Ann Liquid Hair Coloring, or any other hair dye cosmetic or product o£ substantially similar composition or possessing substantially similar properties, whether sold under the same names 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 adve,rtisement represents, directly or by implication, that saitl preparation will stop hair frmn growing gray or give gray hair n. permanent coloring; that it will preserve the natural beauty of the hair or make it smooth or silky; that it is an amazing new hair dye; that it can be applied in half the time required to apply other hair dyes; that it is quicker drying or causes the hair to hold its color longer than all other hair dyes; that it is used exclusively by better beauty shops; or that it is endorsed by the State Deauty Commission of Xew Jprsey; or which advertisement contains the word "Manufacturing" or any other word of similar import as a part of respondent's trade name or otherwise represents that respondent owns ot• operates a manufacturing plant or manufactures the product sold by him.

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 adwrti~ement contains any of the representations prohibited in paragraph 1 hereof.

It i8 further onlo·ed, That the respondent shall, within GO day" after sen·ice upon him of this order, file with the Commi~sion a report in 'nitin~, !-ettin~ forth in detail the manner aml form in which he has complied with this order.

CONSUMERS MERCANTILE SERVICE 635 Syllabus