Irvin A. Willat

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

IN THE MATTER OF lRVIN A. WILLAT, TRADING AS HEATLESS PERMANENT 'WAVE COMPANY, AND ARNOLD F. WILLAT, TRADING AS WILLAT PRODUCTION COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. l! OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket ~663. Complaint, Jan. 2, 19.~2-Decision, Sept: 21, 1942 Where an lndivldul,ll, engaged In the Interstate sale and distribution of a method of heatless permanent waving which, for a time, included an ammonium hydrogen sulphide curling solution circulated through rubber tubing at· tached to perforated curlers around which the hair had been rolled or Wrapped; by means of advertisements in periodicals, pamphlets, and leaf· lets- ( a) Represented that sntd method of heatless permanent waving constituted a competent, successful, and scientific means of producing permanent waves in the hair which was safe and harmless, eliminated all hazards, and would '1.'. have no ll1 effects upon the body;

he facts being solution of ammonium hydrogen sulphide,_ employed as ·above indicated, was not sate, scientific or harmless; was capable of causing local Skin Irritations, nausea and vomiting, and in absence of ventilation, con· Vulslons, asphyxiation, and collapse; and If Introduced into the circulatory system through skin absorption or respiration In sumclent quantities and strength might also result in systemic poisoning and deal)l; and (b) F'ailed to reveal all facts material In the light of such representations and lvi:th respect to consequences which might result from the application of !!aid curling solution under the prescribed conditions, and that use thereof \\"t lllight in some Instances result In serious and Irreparable Injury to health; · th tendency and capacity to mislead and deceive a substantial portion ot the Purchasing public Into the mistaken bellef that such advertisements were true, thereby Inducing purchase by 1t of said permanent wave in beauty Parlors and salons wherein ammonium hydrogen sulphide curling solution Was supplied:11 ezd, That such acts and practices, under the circumstances set forth, were au to the prejudice and Injury of the public, and constituted unfair and deceptive acts and practices in commerce.

nefore Mr. Lewis 0. Russell, trial examiner. },[r, Me-rle P. Lyon :for the Commission.

Mr. Williams. Graham, of San Francisco, Calif., for respondents. Complaint Pursuant to the provisions of the Federal Trade Commission Act, ;:n.d by virtue of the authotity vested in it by said act, the Federal lade Commission, having reason to believe that Irvin A. Willat, an Complaint .s;:;F.T.0. individual, trading as Heatless Permanent Wave Co., and Arnold p, "\Villat, an individual, trading as Wilhtt Production Co., hereinafter referred to as respondents, have violated the p~ovisions 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 complamt, stating its charges in that respect as follows: PARAGRAPH 1. Respondents, Irvin A. Willat and Arnold F. wmat, are individuals, respectively, trading as Heatless Permanent Wa-ve Co., and as Willat Production Co., with their office and principal pl~ce of business at 1122 Folsom Street, San Francisco, Cali£., from wlnch address they transact business under the a have trade names. Respondents, Irvin A. Willat and Arnold F. Willat, trading . 11~ aforesaid, act and have acted in conjunction and in cooperation W1t each other in performing the acts and practices hereinafter alleged. PAR. 2. The respondents are now, and for more than 1 year .las: past have been, engaged in the sale and uistribution of the Willa Method of Heatless Permanent Waving. . h The said method embraces cosmetic preparations, among wh~c. is a curling solution composed of ammonium hydrogen sulfide, deslg· nated as Willat ·wave Deluxe Curling Solution and as vVillat Sulf?d lene Curling Solution, and patented appliances and devices. The sa~ implements are leased under license agreements with, and the cosrnetlC preparations are sold to, operators of beauty salons. 'd The said operators and their employees are instructed by sal respondents in the operation and application of said method in pr?· ducing permanent waves,·advertised as the Willat 'Vave, in the h:nr of human subjects.

In the course and conduct of their business, the respondents cause said cosmetics and equipment, when sold and licensed, to be trans· ported from their place of business in the State of California, to the purchasers and licensees thereof located in various other States of the United States and in the District of Columbia. Respondents maintain and at all times mentioned herein, ha"8 maintained, a course of trade in said products, in commerce, betvve.e~ :and among the various States of the United States and in the Distrlc of Columbia.

PAR. 3. In the course a~d conduct of their aforesaid business, the respondents have disseminated and are now disseminating and h!l.-ve caused and are now causing the dissemination of, false advertisements·. concerning their said products by the United States mails and b~ various other means in commerce, as commerce is defined in the Federlld Trade Commission Act; and respondents have also disseminated aD are now disseminating, and have caused and are now causing the HEATLESS PEHMANENT WAVE CO. ET AL. 515 S13 Complaint ~issemination of, false advertisements concerning their said products, Y _various means, for the purpose of inducing, and which are likely ~0 induce, directly or indirectly, the purchase of 'their said products Jn commerce, as commerce is defined in the Federal Trade Commission .A. ct.

Among, and typical of, the false, misleading, and deceptive state-. rnents and representations.contained in said false advertisements, disl'ietninated and caused to be disseminated, .as hereinabove set forth, by the United States mails, by advertisements in periodicals and by llanlphlets and leaflets, are the following: For A Lovelier You I Willat Wave The Only Heatless Permanent Entirely Different-Truly Magical-Sensational . nelax while you receive a Willat Wave Countle~s innovations mark this latest ~ontribution of science to the beauty o:t women. • • • . The permanent of the Uture • • • eliminates all hazards, discomforts, and Inconveniences • • • 'l' ~ "' • You can ask :tor a Willat Wave with perfect confidence • "' • his method waves all hair regardless of texture, or your physical condition. • • • This method waves "' • "' hair with perfect success. r 'I'he procedure is simple and comfortable. You relax In a reclining chair and est • • • getting a permanent becomes a pleasure-with the Willat Wave. One o:t the most exciting features of this new permanent is the condition in '1\'hlch it leavei!l the hair and scalp. · · 'l' 411 guess work has been eliminated in permanent waving by Willat ,Wave• .A.he Whole operation is thoroughly scientific, from the test curl to the last rinse. testing laboratory has predetermined all technical data used in making these '\\>aves.

ra \Villat Wave Is, truly a product of the test tube • • • scientifically accute and certain • • • no shocks or burns. nrnecUne, relax, enjoy "' • • this entirely different per:manent. Results are ll. edetermlned by a • • • scientific test. Descriptive booklet on request. h est • • • while the magical, cool solution is sprayed gently through your . atr. One pleasant visit to your beauty salon and you have the loveliest of waves. · PAR. 4. By the use of the representations hereinabove set forth, and ?ther represer:tations similar thereto not specifically set out herein, ~'l:Pondents represent that their method, advertised as the 'Villat d. 11~e, constitutes a competent, successful, and scientific means of pro- Uclng permanent waves in the hair of human subjects; that said ~ethod is safe and harmless, eliminates all hazards and will have no effects upon the human body.

Pan. 5. The foregoing representations are grossly exaggerated, false and misleading. In truth and in fact the said method consists, among 516 FEDE.RAL TRADE CQJ.\;IMISSION DE-CISIONS Complaint 35F.T.C.

other operations, of spraying the said curling solution of ammonium hydrogen sulfide into the hair through rubber tubes attached to per· £orated curlers around which said perforated curlers the hair has been wrapped.

To prevent said solution from flowing into the eyes and over the :face and neck and to further prevent the escape of toxic gases therefrom, the aforesaid operation is performed under a rubber cap sealed around the head of said human subjects below the hair line. The said solution of ammonium hydrogen sulfide is not safe, scien· tific or harmless when applied in connection with said method and may result in serious and irreparable injury to health when used under the conditions prescribed in said advertisements, or under such con· ditions as are customary or usual. ' The said curling solution may cause local skin irritation, nausea, vomiting, convulsions, asphyxiation, and collapse. By its introduc· tion into the circulatory system through skin absorption or throug~ the respiratory system, it ·may also result in systemic poisoning an death.

PAR. 6. In addition to the representations hereinabove set forth, the respondents have also engaged in the dissemination of false adv~r· tisements in that respondents' n.advertisements of said product, dis· seminn.ted in the manner hereinabove described, fail to reveal all :fact~ material in the light of such representations or materin.l with respec to consequences which may result from the applicn.tion of said ainrno· nium hydrogen sulfide curling solution, designn.ted as Willat Wave Deluxe Curling Solution and as Willat Sulfolene Curling Solutio~ under the conditions prescribed in said advertisements, or under snc conditions as are customary or usual, and failed to reveal that the use of said solution may result in serious and irreparable injury to health. ' . e PAR. 7. The use by the respondents of the foregoing false, decepti~ ' and misleading advertisements with respect to said Willat 'Vave, dls· EOeminated as af~resaid, has had and now has the capacity and tendency to, and· does, mislead and deceive a substantial portion of the pur· chasing public into the erroneous and mistaken belief that such a?· vertisements are true and .induces a portion of the purchasing public, because of such erroneous and mistaken belief, to purchase the respondents' said product.

PAR. 8. The foregoing acts and practices of the respondents, 11~ herein alleged, are all to the prejudice and injury of the public a~ constitute unfair and deceptive acts and prn.ctices in commerce within the intlmt and meaning of the Federal Trade Commission Act. HEATLESS PERMANENT WAVE CO. ET AL. 517 513 Findings REPORT, FINDINGS As TO THE FACTS, AND Onder Pursuant to the provisions of the Federal Trade Commission Act, .the Federal Trade Commission on the 2nd day of January 1942 issued and subsequently served its ,complaint in this proceeding upon said ;spondents, Irvin A. Willat, an individual,· trading as Heatless permanent ·wave Co., and Arnold F. Willat, an individual, trading as Willat Production Co., charging them with the use of unfair and deceptive acts and practices in commerce in violation of the provisions ?f said act. On February 13, 1942, the respondents filed their answer ~n this proceeding. Thereafter, a stipulation was entered into whereby lt Was stipulated and agreed that a statement of facts signed and ~~ecuted by 'Villiam S. Graham, counsel for the respondents, and Clchar.d ~· Whi~ley, Assistant Chief Coun~il fo~ t?e Federal Trade 0lllm1sswn, subject to the approval of the Commission, may be taken as the facts in this proceeding and in lieu of testimony in support ~f the charges stated in the complaint, or in opposition thereto, and hat the said Commission may proceed upon said statement of facts to tnake its report, stating its findings as to the facts and its concl?sion based thereon and enter its order disposing of the proceeding "'~thout the presentation of argument or the filing of briefs. In said 8~1Pulation respondents expressly waived the filing of a report upon ~ e evidence by a trial examiner. Thereafter, this proceeding reguatiy came on for final hearing before the Commission on said com- Plaint, answer, and stipulation, said stipulation having been approved, accepted, and filed, and the Commission having duly -considered the same and being now fully auvised in the premises, finus that this rl'Oceeding is in the interest of the public and makes its findings as 0 the facts and its conclusion drawn therefrom. FINDINGS AS TO Tile FACTS PARAGRAPH 1. Respondents, Irvin A. 'Villat and Arnold F. Willat, are individuals, respectively, trading as Heatless Permanent ·wave Co. and as Willat Production Co., with their office anu principal place of business at 1122 Folsom Street, San Francisco, Calif., from which llddress they transact business under the above trade names. Each ohf said individuals maintains his respective business independently of t e other, and neither has any interest in the business of the other, ohther than that Irvin A. Willat is the son of Arnold F. Willat and that t e! have a very close personal relationship to the extent of mutual assistance rendered between independent individuals engaged in com-. ll!.ercial exploitations of closely related. independent businesses. Separ · ate books of account are kept by each respondent. 518 FEDERAL TRADE COl\fMISSION DE·CISIONS Findings 35F. T.C.

PAR. 2. Respondent, Irvin A. Willat, is now, and for more than 2 years last past has been, engaged in the distribution of a method of heatless permanent waving which includes a curling solution, and certain devices, appliances and implements, and in the advertising and promotion thereof in commerce, as commerce is defined in the Federal Trade Commission Act. Respondent, Arnold F. Will~t, trading as Willat Production Co., manufactures the solution distrllr uted by Irvin A. Willat, trading as Heatless Permanent ·wave Co., and the apparatus, devices, or implements used in connection there· with; and sells and has sold the solution, and has loaned the app:t· ratus, devices, and implements exclusively to the said Irvin A. Willat for use in connection with his business as Heatiess Permanent w·nve Co., at San Francisco, Calif. · For the period of approximately 1 year, to wit, from about April.~ 1940, to April 1, 1941, the curling solution manufactured by snl Arnold F. Willat and sold and advertised by said Irvin A. Willat was composed of an ammonium hydrogen sulphide solution. Neithcf of said respondents now employs in the said metliod of heatless permanent waving a curling solution composed of ammonium hydrogen sulphide. Prior. to April1, 1941, .the applianc~s and devi~es m~n~ ufactnred by the said Arnold F. "Will at for use m connechon Wlt d the said method of heatless permanent waving were loaned or lease by the said Irvin A. 'Villat under nonexclusive license agreements with, and the ammonium hydrogen sulphide curling solution '\\'!IS sold to, operators of beauty salons.

The said operators and their employees were instructed or "·~re caused .to be instructed by the said Irvin A. Willat in the operatl 01~ and application of said advertised method in producing permanent1waves in the hair of human subjects, and a printed instruction boo' was furnished to each beauty salon licensee. In the course and conduct of business, the respondent Irvin ~ 'Villat caused said curling solution and equipment, when sold an licensed, to be transported from his place of business in the State of California, to the purchasers and licensees thereof located in v-~r, ious other States of the United States and in the District of ColumbJrl· Sales were made exclusively to beauty salons instructed as aforesai~· Respondent, Irvin A. 'Villat, during the period hereinabove name ' maintained a cours.e of trade in said pr.oducts, in coml"?erce, be.twe.c~ and among the varwus States of the Umted States and m the D1strlC of Columbia.

P.\R. 3. In the course and conduct of his business as Heatless ~ed manent 'Vave Co., the respondent, Irvin A. 'Villat, during the per10 from April 1, 1940, to April 1, 1941, disseminated and caused the HEATLESS PEHMANENT WAVE CO. ET AL. 519 513 Findings ~Ussemination of ~advertisements concerning the aforesaid method of leatless permanent waving by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and said respondent during said period disseminated and caused the dissemination of advertisements concerning the said lnethod of heatless permanent waving, by various means, for the pur- Pose of inducing, and which were likely to induce, directly or indirectly, the purchase thereof in commerce, as commerce is defined in the Federal Trade Commission Act.

. Among and typical of the statements and representations contained ln said advertisements disseminated and caused to be disseminated as ~1ereinabove set forth, by the United States mails, by advertisements ln periodicals and by pamphlets and leaflets, are the following: For a Lovelier You! • • • The Only Heatless Permanent Entirely Different-Truly Magleal-Sensatlonal • • • Countless innovations mark this latest contribution of science to the beauty of "'women • • • The permanent of the future • • • eliminates all hazards, discomforts and inconveniences. • • • • • • This method waves all hair regardless of texture, or your physical condition.

• • • This method waves • • • hair with perfect success. 'lhe Procedure is simple and comfortable. Yon relax in a reclining chair and rest • • • getting a permanent becomes a pleasure • • •. 0ne of the most exciting features of this new permanent !s the condition in \Vhieh it leaves the hair and scalp. · 11'he whole operation is thoroughly scientific, from the test curl to the last;hnse. A testing laboratory has predetermined all technical data used in making ese waves.

t truly a product of the test tube • • • Scientifically accurate and cerllin • • • no shocks or burns.

Iteeline, relax, enjoy • • • this entirely different permanent. Results are ~ecletermined by a • • • scientific test. Descriptive booklet on request. h lst • • • while the magical, cool solution is sprayed gently through your "'llr. One pleasant visit to your beauty salon and you have the loveliest of. a\'es.

:P.A.a. 4. By the use of the representations hereinabove set forth, and other 1·epresentutions similar thereto not specifically set out herein. respondent, Irvin A. '\Villat, represented that the method of heatless Permanent waving so advertised constitutes a competent, successful, hnd scientific means of producing permanent waves in the hair of hun1an subjects; that said method is safe and harmless, eliminates all azards and will have no ill effects upon the human body . . Pan. 5. F1;om approximately April!, 1940, to April!, 1941, the curllllg solution furnished and sold to beauty salons for use in said l>erman€nt wave, so advertised, contained ammonium hydrogen sui- 520 FEDERAL TRADE COMMISSION DE·CISIONS Findings 35F. T. c.

phide, the use of which was discontinued approximately April1, 1941. Said ammonium hydrogen sulphide solution was employed as a curling solution circulated through rubber tubing attached to perforated curlers around which the hair has been rolled or wrapped. In the practice of the said advertised method of heatless permanent waving a rubber cap is employed sealed around the head below the hair line to prevent the curling solution and other solutions from flowing be· yond the confines of said cap and to eliminate the objectionable char· ucteristic rotten-egg odor of ammonium hydrogen sulphide solution, and an electric-fan blower was employed, connected with a hood ad· jacent the customer's head and with a pipe vented to the exterior of the beauty salon.

The said solution of ammonium hydrogen sulphide is not safe, sci~n· tific, or harmless when applied under some conditions in connection with said advertised method, since it may in some instances be capabl~ of resulting in serious and irreparable injury to health, when use vnder the conditions prescribed in said advertisements. There is accepted authority that the use of said curling solution,·consisting of ammonium hydrogen sulphide, advertised as aforesaid, J1l11Y in some instances be capable of causing local skin irritation, nausea, and vomiting. In the absence of ventilation it is capable of causing convulsions, asphyxiation, and collapse. If introduced into the circll· latory system through skin absorption or through the respiratory sy:· tern in sufficient quantities and strength, it may also result in systeJlllC poisoning and death. t PAR. 6. The advertisements of the method of heatless permanent waving, disseminated in the manner hereinabove described, fail .t~ reveal all facts material in the light of such representations, or materl!> with respect to consequences which in some instances may result fr~rtl the application of said ammonium hydrogen sulphide curling solutl~~ lmder the conditions prescribed in said advertisements, in that sa' advertisements fail to reveal that the use of said solution may in sollle instances result in serious and-irreparable injury to health. t PAR. 7. 'Vhere the said advertised method of heatless permanent waving was used in connection with the ammonium hydrogen sulp~i~e curling solution, as during the period from April 1, 1940, to Apnl J 1941, aforesaid, the said advertising representations were false 11~ misleading as "false advertisement'' is defined in the Federal Trict e Commission Act. The use of said false and misleading advertiseJlle?t! during the period when the ammonium hydrogen sulphide curllll"' solution was employed as a part of said advertised method of heatless permanent waving had the tendency and capacity to mislead and de· HEATLESS PEHMANENT WAVE CO. ET AL. 521 513 . Order ceive a substantial portion o£ the purchasing public into the erroneous and mistaken belief that such advertisements were true, and induced a Portion of the purchasing public, because of such erroneous and mistaken belief, to purchase the said permanent~ wave in beauty parlors and salons wherein ammonium hydrogen sulphide curling solution "'as supplied by respondents and employed and used by the said beauty Parlors and salons in performing said ad·vertised method of heatless Permanent waving.

CONCLUSION 1'he aforesaid acts' and practices of the respondent, Irvin A. Willat, ~n individual, trading as Heatless Permanent ·wave Co., as herein found are all to the prejudice and injury of the public and constitute llnfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act . .1'he Commission finds, however, that tl~e complaint should be dislllissed as to the respondent, Arnold F. Willat, an individual, trading ~s \Villat Production Co., since there is no evidence that he participated ~~.the dissemination of the false advertisements forming the basis for Is proceeding.

ORDER TO CEASE AND DESIST . 1'his proceeding having been heard by the Federal Trade Commis- 810l1 upon the complaint of the Commission, the answer of the re- ~pondents, and a stipulation as to the facts entered into between Willa~ S. Graham, counsel for the respondents and Richard P. "Whiteley, ss1stant Chief Counsel £or the Commission, which provides, among ot~er things, that without further evidence or other intervening prohe u.re, the Commission may issue and se~ve upon the respondents erein findings as to the £acts and conclusion based thereon and an ~tder disposing oi the proceeding, and the Commission having made 1V·findings as to the facts and conclusion that the respondent, Irvin A. "' lllat, an individual, trading as Heatless Permanent ·wave Co., has lolated the provisions of the Federal Trade Commission Act. It i8 ordered, That the respondent, Irvin A. Willat, individually, ~nd trading as Heatless Perman.ent 'Vave Co., or under any other aame or names, his agents, servants, and employees, directly or through s ny corporate or other device, in connection with the offering for sale, i ale, or distribution of a method of heatless permanent waving which 0nc}udes a curling solution composed of ammonium hydrogen sulphide, pro~uc~ of substan~ially similar com~position or possessing sub-s: an! anttally similar properties, whether descnbed by the same nal.l1e or 522 FEDERAL TRADE COMMISSION J:)I<.:.CISIONS Order g::;r. :r.c. by any other name, do forthwith cease and desist from directly ,or indirectly :

1. Disseminating or causing to be disseminated any advertiseme~t (a) by means of the United States mails, or (b) by any' means 1Il commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisement represents, directly or through inference, that any method of heatless permanent waving which includes the use of a curling solution of ammonium hydrogen sulphide constitutes. It competent, safe, or scientific means of producing permanent waves lil the hair of human subjects or that its use is harmlfss and will have no J.ll effects upon the human body; or which advertisement fails to reveal that the use of a curling solution of ammonium hydrogen snl· :pliide in connection with any method of heatless permanent waving may cause local skin irritation, nausea, or vomiting or may cause co~f vulsions, asphyxiation, Oi' collapse in the absence of ventilation, and 1d introduced into the circulatory sysfem in sufficient quantities an strength may result in systemic poisoning and death. t 2. Disseminating or causing to be disseminated any advertisen1en by any means for the purpose of inducing or which is likely to indue~, directly or indirectly, the purchase in commerce as "commerce'' 15 defined in the Federal Trade Commission Act, of said method of heat· less permanent waving when used with a curling solution of ammo· nium hydrogen sulphide, which advertisement contains any of ~he representations prohibited in paragraph 1 hereof, or which adver~rse· ment fails to reveal that the use of a curling solution of amrnonrutll hydrog~n sulphide in connection with any method of heatless perm1J.· nent waving may cause local skin irritation, nausea, or vomiting 0 ~ may cause convulsions, asphyxiation, or collapse in the absence~ 0 t ventilation, and if introduced into the circulatory system in sufficre~ quantities and strength may result in systemic poisoning and dellt11· It is further ordered, That said respondent, Irvin A. "\Villat, shll ~ within 60 days after service upon him of this order, file with the Cond mission a report in writing, setting forth in detail the manner nn form in which he has complied with this order. e It is further ordered, That the complaint herein be, and the sntll hereby is, dismissed as to ~respondent, Arnold F. 'Willat. · • BEWLEY MILLS 523 Syllabus IN Tile MATI'ER OF BEWLEY MILLS COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC, 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Doclcet 4739. Cor.tplaint, Mar. 23, 1942-Decision, Sept. 21, 1942 Where a corporation, engaged in interstate sale and ~istribution of its "Red Anchor" poultry and stock fe~ds; by n:cans of advertisements In news- Paroers and periodicals, radio continuities, and circulars, leaflets, pamphlets, and other advertising literature- (a.) Falsely represented and implied that its "Broiler Starter" and "Broiler Fini;:;her" chick feed gale better and more economical results than other feeds; that its said "Starter" feed was perfectly balanced and contained every food element essential to Insure a L~althy start for baby chicks, and that, containing Vitamin D elements, it inslll'ed lower mortality, more ( rapid growth, sturdier and stronger chicks than other starter feeds; b) Represented tjat its "Egg Mash" feed, In combination with Its ''lien Scratch," contained every essential food element, gave the highest feeding results, produced eggs of the higher<Jt quality, contained a greater pro- Portion of essential ingredients than did other commerclal feeds, increased hatchability of eggs and vigor and vitality of laying hens, and insured Stronger chicks; contained all the essential food elements for greater production and was higher In Vitamin G rontent than were competitive products; and that numerous tests disclosed that it took less of said product to produce a given number of eggs than of other feeds, and that the amount USPd could be reduced and still produce more eggs than other egg mash feeds· 'lhe facts' IJeing gro\\·ing chicks do not need the extra vitamins and other extra ingredients purportedly found in its said growing rna!lb unless such chicks have been receiving food deficient therein; and its various representations, ( ns above set forth, were false;

c) Falsely represented that better cattle and sheep were produced by feeding its "Cattle and Sheep Chunkets" than by feeding other products; find that Its "All Mash Turkey Starter" contained a special mineral balance and a greater quantity of Vitamins A and D than other mashes, and (~ that it would produce more No. 1 turkeys than others; and ) Represented that the use of Its said feeds would result in highest production at lowest cost, and that they were perfectly balanced and thoroughly tested under actual feeding conditions so as to insure better and more economical results regardless of feeding conditions; and that they would 'l'h ~Sive maximum production for the least co~t over a long period of time; e facts being its products were not perefectly balanced feeds for general use llnder all and any conditions, and use thereof would not bt·ing such results; tnany elements such as location, air, water, soil, runs, housing, sunshine, eleanlines, and regularity in care and feeding contribute to the quality of poultry and eggs; growth and production of flocks and maxim~m results could not be "insured" or "guaranteed" through ·such use; compound and rpepare a balanced feed for particular flock deficiencies, which may vary mate- • 524 FEDERAL TRADE CO!viMJSSION DECISIONS Complaint 35 F.T.C· rlally, must be known, and the feed prepared accordingly; and its said prod· ucts had not been thoroughly tested scientifically under actual feeding condl· tions by any system meeting requirements of State or Federal officials, or bY experienced and competent poultrymen;

With capacity and tendency of misleading and deceiving a substantial portion ot the purchasing public into the mistaken belief that such statements were true, thereby inducing it to purchase substantial quantities of said prod· ucts: · 111 1Held, That such acts and practices, under the circumstances set forth, were to the prejudice and injury of the public, and constituted unfair and decep" tive nets and practices in commerce.

Mr. Jesse D. KMh f01~ the Commission.

Coli PLAINT Pursuant to the provisions of the Federal Trade Commission A.c~ and by virtue of the authority vested in it by said act, the Federa Trade Commission having reason to believe that Bewley :Mills, a. corporation, hereinafter referred to as respondent, has violated the provisions 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 115 follows:

PARAGRAPH 1. The respondent, Bewley .Mills, is a corporation, orf ganized and existing under and by virtue of the laws of the State 0 t Texas and having its office and principal place of business at For· orth, Tex.'V PAR. 2. Respondent is now, and for more than 1 year last past ha~ been, engaged in the sale and distribution in commerce between~ an f among the various States of the United States and in the District 0 Columbia of poultry and stock fe~ds designated Bewley's Red Anchor Feeds. Respondent causes its said products, when sold, to be trans· ported from its aforesaid place of business in the State of Texas to purchasers thereof located in various other States of the United State.s and in the District of Columbia.

Respondent at all times mentioned herein has maintained a course of trade in said poultry and stock feeds in commerce among and bef tween the various States of the United States and in the District 0 Columbia.

PAR. 3. In the course and conduct of its aforesaid business, the red spondent has disseminated, and is now disseminating, and has cause and is now causing the dissemination of false advertisements co~j cerning its pr9ducts, hereinafter named, by the United States Ill~ 1 111and by various other means in commerce, as commerce is defined ·' BEWLEY MILLS 525 523 Complaint the Federal Trade Commission Act, and respondent has also disseminated and is now disseminating, and has caused and is now causing ~1e dissemination of false advertisements concerning said products . Y various means for the purpose of inducing, which 'are likely to induce, directly or indirectly, the p~rchase of its said products in comlll.erce as defined in the Federal Trade Commission Act. Among and typical of the false, misleading, and deceptive statements and represe~tations, relating to the specific product hereinafter indicated, contamed in said false advertisements disseminated and caused to be disseminated, as hereinabove set forth, by the United States mail, by advertisements in newspapers and periodicals, by radio continuities and by circulars, leaflets, pamphlets, and other advertising literature, are the following:

Red Anchor Broiler Starter and Broiler Finisher S This high quality growing feed is a favorite among many fJOultrymen in the t outhwest who look ahead for future poultry profits. If you rai!';e your chick<! d.or broilers, try Red Anchor Broiler Starter and Broiler Finisher and see if you on•t get better and more economical results. Chicks may be held on Red Anchor Broiler Starter until ready for market ~lth outstanding results. We recommend, however, that at the age of 6 to 7 t eeks, chicks be changed to Red Anchor Broiler Finisher. This method of l!edlng lowers total feed cost and insures a better finished broiler. nPerfectly balanced and thoroughly tested under actual feeding conditions, a ed Anchor Starting Feeds give the baby chicks everything they need to insure healthy start in life; • • •.11 ewzey's Anchor Feeds Bewley's Anchor Feeds Maximum Production at Minimum Cost. t Ued Anchor Feeds are perfectly balanced and throughly tested under actual e~ding conditions to insure better results for you regardless of your feeding need. h 111Dhuzard feeding may produce eggs over a short period; but to get maximum ••todu tl .th e on for least cost over a long period the Bewley's Anchor Feed route is R e sure way.

ed Anchor Chick Starter In Anchor Chick Starter contains dried milk, cod liver oil, potassium iodine, ~anganese sulphate, insures lower mortality, more rupid growth, sturdier chicks. ed Anchor Egg Mash. '--b ~n addition to this quality Breeder 1\lash these birds should be fed a well i!.a anced scratch feed, such as Red Anchor Hen Scratch. We believe that Red Innehor Egg Mash for Breeders contains every essential food element for maxi- Courn. feeding results In producing hatching eggs of highes,t quality when fed in ~binatton with Red Anchor Hen Scratch.

his quality feed contains increased proportions ot certain feed ingredients, In compared to feeds we recommend for commercial egg production, that will St crease hatchability, increase the vigor and vitality of the producer, and Insure ronger chicks.

\\>''lots quality mash feed contain~ both the scratch and mash Ingredients, and e believe contains all essential food elements for maximum production. li09749m-43-vol. 3:!--36 .526 FEDE.RAL TRADE COMMISSION DECISION'S Complaint 35F. T.C.

We suggest that baby chicks be secured from breeding flocks that have been :ted Red Anchor Egg Mash for Breeders, as we believe this. quality feed wlll insure stronger chicks.

Red Anchor Egg Mash insures more eggs . • • • eggs higher in quality: ·eggs with increased hatchability that will produce stronger chicks. Red Anchor Egg Mash-high In Vitamin G content, which increases batch· .ability, insures stronger chicks anu faster growth. And in addition, numerous tests have proven that it requires less Bewley's .Anchor Egg Mash to produce a given number of eggs than other egg mashesthat over a definite period the total amount of mash consumed wlll be cut down materially, and still production wlll be increased. Cattle and .Sheep Chunkets For better results In the feed lot and on the range buy Red Anchor Cattle and :Sheep Chunkets.

Bewley's Rsd .Anchor All Mash Turkey Starter It contains a high milk content and a special mineral balance; increased Vitamins A and D; and is guaranteed to insure more #1 birds for the market. PAR. 4. Through the use of the statements and representations used in said false advertisements, as aforesaid, and others similar thereto not specifically set out herein, respondent has represented and implied: 1. That its products designated Red Anchor Broiler Starter and ..Broiler Finisher as feed for chicks raised for broilers gives better and more economical results than can be obtained from the use of other feeds; that its said product Red Anchor Broiler Finisher as a feed for chicks 6 to 7 weeks old, theretofore fed its product Red Anchor Broiler Starter, will cause total feed cost to be lower and produce better broilers than will other feeds; that its product Red Anchor :Starter Feed is perfectly balanced and contains every food element · essential to insure a healthy start in life for baby chicks. . 2. That the use of its products designated Red Anchor Feeds will result in the highest production at the lowest cost for poultry; that said feeds are perfectly balanced, thoroughly tested under actual feeding conuitions so as to insure better and more economical results re· gardless of feeding conditions; and that they will give maximum production for the least cost over a long period of time. . 3. That its product Red Anchor Chick Starter, containing Vitam111 D elements, insures )ower mortality, more rapid growth, sturdier and ~stronger chicks than that obtained through the use of other starter feeds. . 4. That 'its product Red Anchor Egg Mash Feed, in combinati.on with its product Red Anchor Hen Scratch, contains every .essentH11 :food element, gives the highest feeding results, and produces eggs ~f the highest quality; that it contains a greater proportion of certain ·essential feed ingredients than do other commercial feeds sold for egg BEWLEY MILLS 527 523 Complaint Production; that it increases hatchability of eggs, the vigor and \'itality of laying hens, and insures stronger chicks; that it contains ~11 the essential food elements for greater production and is higher lU vitamin G content than are competitive products; that numerous tests disclose that it takes less of said product to produce a given number of eggs than it takes of other feeds; and that the amount of such product used may be reduced and still produce·more eggs than Would be produced by other egg mash feeds.

· 5. That better cattle and sheep are produced by feeding its product ned Anchor Cattle and Sheep Chunkets than are produced by feeding other products.

6. That its product All Mash Turkey Starter contains a special Inineral balance and a greater quantity of vitamins A and D than do other mashes, and that it will produce more No. 1 turkeys than will be produced through the use of other turkey mashes. PAn. 5. The foregoing statements and representations contained in said advertisements aforesaid are grossly exaggerated, false, and 111misleading. In truth and in fact, better and more economical results are not obtained through the use of respondent's products Red Anchor Broiler Starter and Red Anchor Broiler Finisher than are obtained through feeding chicks other similar feed products. The· use of its Product Red Anchor Broiler Finisher as a feed for chicks which have been fed its product Red Anchor Broiler Starter will not lower feed costs and will not produce better broilers than will be produced through the use of other similar feed products. Respondent's Starter Feed products are not perfectly balanced and have not been thoroughly tested under all actual feeding conditions, and they do not give baby chicks everything needed to insure a healthy start in life. The use of respondent's products will not result in the highest production at the lowest cost for poultry; they are not perfectly balanced feeds for general use under all and any conditions, as there are many elements besides feed that are important in raising and handling Poultry, such as location, air, water, soil, runs, housing, sunshine, cleanliness, and regularity in care and feeding, all of which contribute to the quality of poultry and eggs. The growth and production of flocks and maximum results cannot be "insured" or "guaranteed" through the use of respondent's said products. To, compound and Prepare a balanced feed for poultry, flock deficiencies must be known and the feed prepared to supply such deficiencies as exist in a particular flock. The deficiencies in a particular flock may vary materially from other flocks and require a different balance or different quantities of the essential ingredients. Such feed products have not been thoroughly tested scientifically undet actual. feeding conditions by any 528 FEDE.RAL TRADE C011MISSION DE·CISIONS Complaint 3.':1 F. T. C. system of tests meeting the requirements of State or Federal officials or by experienced and competent poultrymen. The use of respondent's product Red Anchor Chick Starter will not result in a lower mortality rate, a more rapid growth, or sturdier or stronger chicks than will result from the feeding of other commercial poultry feeds. • Uespondent's product Ued Anchor Egg l\fash Feed, used in combi- . nation with respondent's product Red Anchor Hen Scratch, does not contain every essential food element necessary to produce the highest feeding results, and it does not produce eggs of the highest quality. It does not contain a greater proportion of certain essenti"al food ingredients than do other commercial feeds sold for egg production· It will not increase the hatchability of eggs, the vigor and vitality of laying hens or insure or produce stronger chicks. It does not contain all of the scratch and mash ingredients and essential food elements necessary to cause the highest egg production possible. Its use docs not result in a higher egg production than that obtained through the use of other commercial poultry feeds. It does not take less of said product to produce a given number of eggs than it does of other commercial feeds.

Growing. chicks do not need the extra vitamins and other extra ingredients purportedly found in respondent's product Red Anchor Growing l\fash unless such chicks have been and are receiving food that is deficient in the vitamins and other extra ingredients purportedly found in respondent's said product. · . Detter cattle and sheep will not be produced through using respond~ ent's product Red Anchor Cattle and Sheep Chunkets than will be produced by feeding other commercial feeds. Respondent's Red Anchor All l\fash Turkey Starter will not pro~ duce more No. 1 turkeys than will be produced through feeding other commercial turkey feeds. · P .AR. 6. The use by the respondent of the aforesaid false, deceptive, and misleading statements, representations and advertisements disseminated as aforesaid with respect to its said poultry and s~ock feeds 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 false statements, representa· tions, and advertisements are true and induces a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase substantial quantities of respondent's said produc~s. PAn. 7. The aforesaid acts and practices of the respondent, as herelll alleged, are all to the prejudice and injury of the public and constitute BEWLEY . MILLS 529 il23 Findings 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 March 23, 1942, issued and thereafter served its complaint in this proceeding upon the respondent, Bewley Mills, a corporation, charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On April 13, 1942, the respondent filed its answer in this proceeding. Thereafter a stipulation was entered into whereby it Was stipulated and agreed that a statement of facts, signed and ex:ecuted by the respondent and Richard P. Whiteley, Assistant Chief Counsel for the Federal Trade Commission, subject to the approval oof the Commission, may be taken as the facts in this proceeding and in lieu of testimony in support of the charges stated in the complaint, <lr in opposition thereto, and that said Commission may proceed on said statement of facts to make its report, stating its findings as to the facts and its conclusion based thereon (including inferences which it may draw from said stipulated facts), and enter its order disposing 'Of the proceeding without the presentation of argument or the filing of briefs. The respondent expressly waived the filing of report upon the evidence by the trial examiner. Thereafter this proceeding came en for final hearing before the Commission on said complaint, answer, 'lind stipulation, said stipulation having b~en approved, accepted, and filed; and the Commission, having duly considered the same and being now fully advised in the premises, finds that this proceeding is in the interest o~ the public and makes this its findings as to the :facts and its conclusion drawn therefrom.

FINDINGS AS TO .THE FACTS PARAGRAPH 1. The respondent, Bewley Mills, is a corporation, organized and'existing under and by virtue of the laws of the State of 'texas and having its office and principal place of business at Fort W' orth, Tex.

PAR. 2. Respondent is now, and for more than 1 year last past has been, engaged in the sale and distribution in commerce between and atnong the various States of the United States and in the District of Columbia of poultry and stock feeds designated Bewley's Red Ancho:r Feeds. Respondent causes its said products, when sold, to be trans- ;.)?orted from its aforesaid place of business in the State of Texas to 530 FEDE·RAL TRADE COMMISSION DgCISIONS Findings 35F. T. C.

purchasers thereof located in various other States of the United States and in the District of Columbia.

Respondent at all times mentioned herein has maintained a course of trade in said poultry and stock feeds in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of its aforesaid business the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, various advertisements concerning its products, hereinafter named, by the United States mail and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also dissemi· nated and ·is now disseminating, and has caused and is now causing the dissemination of, various advertisements concerning said products by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said products in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typicai of the various misleading and deceptive statements and representations, relating to the specific product her~­ inafter indicated, contained in said various advertisements dissemi~ nated and caused to be disseminated as hereinabove set forth, by the United States mail, by advertisements in newspapers and periodicals, by radio continuities and by circulars, leaflets, pamphlets, and other advertising literature, are the following:

Red Anchor Broiler Starter and Broiler Finisher This high quality growing feed Is a favorite among many poultrymen in tbe Southwest who look ahead for future poultry profits. If you raise your chlci>S for broilers, try Red Anchor Broiler Starter and Broiler Finisher and see if Y00 don't get better and more economical results. Chicks may be held on Red Anchor Broiler Starter until ready for market with outstanding results. We recommend, however, that at the age of 6 and 7 weeks, chicks be changed to Red Anchor Broiler Finisher. This method o! feeding lowers total feed: cost and in~ures a better finished broiler. Perfectly balanced and thoroughly tested under actual feeding conditions, ned Anchor Starting Feeds give the baby chicks everything they need to insure 11 healthy start in life; * * * Bewley's Anchor Feeds Bewley's Anchor Feeds Maximum Production at Minimum Cost. . 1 Red Anchor Feeds are perfectly balanced and thoroughly tested under actuo. feeding conditions to insure better results for you regardless of your feediJJg need.

Haphazard feeding may produce eggs over a short period; but to get maxi!IlU!ll produdion for least cost over a long period the Bewley's Anchor Feed route IS the sure way.

BEWLEY MILL~ 531.

523 Findings Red Anchor Chlck Starter Anchor Chick Starter contains dried milk, cod liver oil, potassium iodine., !r,anganese sulphate, insures lower mortality, more rapid growth, stur!lier chicka. Red Anchor Egg Mash In addition to this quality Breeder Mash these birds should be fed a welt balanced scratch feed, such as Red Anchor Hen Scratch. We believe that Red' Anchor Egg Mash for Breeders contains every essential food element for maxi- Inum feeding results in producing hatching eggs of highest quality when fed ln combination with Red Anchor Hen Scratch.

This quality feed contains Increased proportions of certain feed ingredients, as compared to feeds we recommend for commercial egg production, that will' Increase hatchability, increase the vigor and vitality of the producer, and insurestronger chicks.

This quality mash feed contains both the scratch and mash ingredients, and' • lve believe contains all essential food elements for maximum production. We suggest that baby chicks be secured from breeding flocks that have beenfed Red Anchor Egg l\Iash for Breeders, as we believe this quality feed will Insure stronger chicks.

Red Ancl1or Egg Mash Insures more eggs • • • eggs higher In quality; eggs with increased hatchability that will produce stronger chicks. Red Anchor Egg l\Iash-hgh in Vitamin G content, which increases hatchllbility, insures stronger chicks and faster growth. And in addition, numerous tests have proven that it requires less Bewley's. Anchor Egg Mash to produce a given number of eggs than other egg masheathat over a definite period the total amount of mash consumed will be cut down· materially, and still production will be increased. Oattle and Sheep Chunket& For better results In the feed lot and on the range buy Red Anchor Cattle· and Sheep Chunkets.

heu;ley's Red Anchor All Mash Turkey Starter It contains a high milk content and a special mineral b11lance; increased Vltatnlns A and D; and is guaranteeu to insure more #1 birds for the market. :PAR. 4. Through the use of the statements and representations used· in said advertisements, as aforesaid, and others similar thereto not: specifically set out herein, respondent has represented and implied: 1. That its products designated Red Anchor Broiler Starter and llroiler Finisher u.s feed for chicks raised for broilers give better and· lllore economical results than can be obtained from the use of other feeds; that its said product Red Anchor Broiler Finisher as a. feed for· chicks 6 to 7 weeks old, theretofore fed its product Red Anchor llroiler Starter, will cause total feed cost to be lower and produce better broilers than will other feeds; that its product Red Anchor Starter Feed is perfectly balanced and contains every food element essential to insure a healthy start in life for baby chicks. 2. That the use of its products designated Red Anchor Feeds will result in the highest production at the lowest cost for poultry; that said feeds are perfectly balanced, thoroughly tested under actual 530 FEDE.RAL TRADE COMMISSION DECISIONS Findings 35F.T. C.

purchasers thereof located in various other States of the United States and in the District of Columbia.

Respondent at all times mentioned herein has maintained a course of trade in said poultry and stock feeds in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of its aforesaid business the re~ spondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, various advertisements con~ cerning its products, hereinafter named, by the United States mail and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also dissemi~ nated and ·is now disseminating, and has caused and is now causing the dissemination of, various advertisements concerning said products by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said products in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typicai of the various misleading and deceptive statements and representations, relating to the specific product her~~ inafter indiaated, contained in said various advertisements dissem 1~ nated and caused to be disseminated as hereinabove set forth, by the United States mail, by advertisements in newspapers and periodicals, by radio continuities and by circulars, leaflets, pamphlets, and other advertising literature, are the following:

Red Anchor Broiler Starter and Broil-er Finisher This high quality growing feed Is a favorite among many poultrymen in the Southwest who look ahead for future poultry profits. If you raise your chicks for broilers, try Red Anchor Broiler Starter and Broiler Finisher and see if Y00 don't get better and more economical results. Chicks may be held on Red Anchor Broiler Starter until ready for market with outstanding results. We recommend, however, that at the age of 6 nn~ 7 weeks, chicks be changed to Red Anchor Broiler Finisher. This method 0 feeding lowers total feed cost and in~ures a better finished broiler. d Perfectly balanced and thoroughly tested under actual feeding conditions, ne Anchor Starting Feeds give the baby chicks everything they need to insure 11 healthy start in life; • • • Bewley's Anchor Feeds Bewley's Anchor Feeds Maximum Production at Minimum Cost. . 1 Red Anchor Feeds are perfectly balanced and thoroughly tested under actun feeding conditions to insure better results for you regardless of your feedillg need.

Haphazard feeding may produce eggs over a short period; but to get maximu!ll production for least cost over a long period the Bewley's Anchor Feed route IS the sure way.

BEWLEY MILL~ 531 523 Findings Red Anchor Chicle Starter Anchor Chick Starter contains dried milk, cod liver oil, potassium iodine,. lbanganese sulphate, insures lower mortality, more rapid growth, sturdier chicks. Red Anchor Egg Mash In addition to this quality Breeder Mash these birds should be fed a well• balanced scratch feed, such as Red Anchor Hen Scratch. We believe that Red' Anchor Egg Mash for Breeders contains every essential food element for maximum feeding results in producing hatching eggs of highest quality when fed in combination with Red Anchor Hen Scratch.

This quality feed contains increased proportions of certain feed ingredients, as compared to feeds we recommend for commercial egg production, that will' Increase hatchability, increase the vigor and vitality of the producer, and insurestronger chicks.

This quality mash feed contains both the scratch and mash Ingredients, an<t • We believe contains all essential food elements for maximum production. We suggest that baby chicks be secured from breeding flocks that have been, fed Red Anchor Egg Mash for Breeders, as we believe this quality feed will' Insure stronger chicks.

Red Ancll.or Egg Mash insures more eggs • • • eggs higher In quality; eggs with increased hatchability that wlll produce stronger chicks. Red Anchor Egg Mash-high in Vitamin G content, which increases hatchability, insures stronger chicks and faster growth. And in addition, numerous tests have proven that 1t requires less Bewley's- Anchor Egg Mash to produce a given number of eggs than other egg masheathat over a definite period the total amount of mash consumed will be cut down· materially, and still production will be increased. Oaftle and Sheep Chunkets For better results in the feed lot and on the range buy Red Anchor Cattleand Sheep Cbunkets. · 11ewzey's Red Anchor All Mash Turkey Starter It contains a high milk content and a special mineral balance; increased Vitamins A and D; and is guamnteed to lnsm·e more #1 birds tor the market. . PAn. 4. Through the use of the statements and representations used· In said advertisements, as aforesaid, and others similar thereto not: specifically set out herein, respondent has represented and implied: 1. That its products designated Red Anchor Broiler Starter and l3roiler Finisher as feed for chicks raised for broilers give better and' lllore economical results than can be obtained from the use of other feeds; that its said product Red Anchor Broiler Finisher as a feed for chicks 6 to 7 weeks old, theretofore fed its product Red Anchor l3roiler Starter, will cause total feed cost to be lower and produce better broilers than will other feeds; that its product Red Anchor Starter Feed is perfectly balanced and contains every food element essential to insure a healthy start in life for baby chicks. 2. That the use of its products designated Red Anchor Feeds will result in the highest production at the lowest cost for poultry; that. Said feeds are perfectly balanc£5d, thoroughly tested under actual .532 FEDE.RAL TRADE COMMISSION DECISIONS Findings 35F.T. c.

feeding conditions so as to insure better and more economical results regardless of feeding conditions; and that they will give maximun1 production for the least cost over a long period of time. 3. That its product Red Anchor Chick Starter, containing vitamin D elements, insures lower mortality, more rapid growth, sturdier and stronger chicks than that obtained through the use of other starter feeds.

4. That its product Red Anchor Egg Mash feed, in combination with its product Red Anchor Hen Scratch, contains every essential food element, gives the highest feeding results, and produces eggs ?f the highest quality; that it contains a greater proportion of certal!l essential feed ingredients than do other commercial feeds sold for egg production; that it increases hatchability of eggs, the vigor and vitality• of laying hens, and insures stronger chicks; that it contains all t1.1e essential food elements for greater production and is higher in vitarn1n G content than are competitive products; that numerous tests disclose that it takes less of said product to produce a given number of e~gs than it takes of other feeds; and that the amount of such product used may be reduced and still ·produce more eggs than would be produced by other egg mash feeds.

5. That better cattle and sheep are produced by feeding its product Red Anchor Cattle and Sheep Chunkets than are produced by feeding other products. . 6. That its product All Mash Turkey Starter contains a spec1aJ mineral balance and a greater quantity of vitamins A and D than~~ other mashes, and that it will produce more No. 1 turkeys than wll be produced through the use of other turkey mashes. . 111 PAR. 5. The foregoing statements and representations contained said advertisements aforesaid are grossly exaggerated and misleading· In truth and in fact, better and more economical results are not ob· 'tained through the use of respondent's products Red Anchor Broiler Starter and Red Anchor Broiler Finisher than are obtained through feeding chicks other similar feed products. The ~se of its product Red Anchor Broiler Finisher as a feed for chicks which have been fed its product Red Anchor Broiler Starter will not lower feed costs and will not produce better broilers than will be produced through the use of other similar feed products. Respondent's Starter Feed products are not perfectly balanced and have not been thoroughly tested under all actual feeding conditions, and they do not give baby chicks every· thing needed to insure a healthy start in life. The use of respondents' products will not result in the highest production at the lowest cost for poultty; they are not perfectly balanced feeds for general use under all and any conditions, as there u.re many BEWLEY MILLS 533 523 Findings elements besides feed that are important in raising and handling poultry, such as location, air, water, soil, runs, housing, sunshine, cleanliness, and regularity in care and feeding, all of which contribute to the quality of poultry and eggs. The growth and production of flocks and maximum results cannot be "insured" or "guaranteed'' through the use of respondent's said products. To compound and prepare a balanced feed for poultry, flock deficiencies must be known and the feed prepared to supply such deficiencies as exist in a particular flock. The deficiencies in a particular flock may vary materially from other flocks and require a different balance or different quantities of the essential ingredients. Said feed products have not been thoroughly tested scientifically under actual feeding conditions by any system of tests meeting the requirements of State or Federal officials or by experienced and competent poultrymen. The use of respondent's product Red Anchor Chick Starter will not result in a lower mortality rate, a more rapid growth, or sturdier or stronger chicks than will result from the feeding of other commercial Poultry feeds.

Respondent's product Red Anchor Egg Mash Feed, used in combination with respondent's product Red Anchor Hen Scratch, does not contain every essential food element necessary to produce the highest feeding results, and it does not produce eggs of the highest quality. It does not contain a greater proportion of certain essential food ingredients than do other commercial feeds sold for egg production. It will not increase the hatchability of eggs, the vigor and \'itality of laying hens, or insure or produce stronger chicks. It does not contain all of the scratch and mash ingredients and essential'food elements necessary to cause the highest egg production possible. Its Use does not result in a· higher egg production than that obtained through the use of other commercial poultry feeds. It does not take less of said product to produce a given number of eggs than it does of other commercial feeds.

Growing chicks do not need the extra vitamins and other extra ingredients purportedly found in respondent's product Red Anchor Growing Mush unless such chicks have been and are receiving food that is deficient in the vitamins and other extra ingredients purportedly found in respondent's said product.

Detter cattle and sheep will not"be produced through using respondent's product Red Anchor Cattle and Sheep Chunkets than will be Produced by feeding other commercial feeds. Respondent's Red Anchor Alll\Iash Turkey Starter will not produce lnore No.1 turkeys than will bo produced through feeding other com· lnercis, I turkey feeds. . Order 35F.T.C· PAR. 6. The use by the respondent of the aforesaid deceptive and misleading statements, representations, and advertisements dissemi· nated as aforesaid with respect to its said poultry and stock feeds has had, and now has, the capacity and tendency to, and does, mislead and deceive a substantial portion of the purchasing public into the erro· neous and mistaken belief that such statements, representations, and advertisements are true, and induces a substantial portion of the pur· chasing public, because of such erroneous and mistaken belief, to pur· chase substantial quantities of respondent's said products. CONCLUSION The Commission finds that the aforesaid acts and practices of the respondent are all to the prejudice and injury of the public and con· stitute 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· sian upon the complaint of the Commission, the answer of the re· spondent and a stipulation as to the facts entered into by counsel for respondent herein and counsel for the Commission, which provides, among other things, that without further evidence or other interven· ing procedure the Commission may issue and serve upon the respond· ent herein findings as to the facts and its conclusion based thereon and an order disposing of the proceeding, and the Commission having made its findings as to the facts and its conclusion that said respond· ent has violated the provisions of the Federal Trade Commission Act. It is ordered, That the respondent, Bewley Mills, a corporation, its officers, representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of its poultry and stock feeds designated Red Anchor Feeds, whether sold under the same name or any other name, do forthwith cease and desist from: ·· 1. Disseminating or causing to be disseminated any advertisement by means of the United States mails, or by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisement represents directly or through inference: d (a) That its products designated ·ned Anchor Broiler Starter an Broiler Finisher as feed for chicks raised for broilers give better and more economical results than can be obtained from the use of other feeds; that its said product Red Anchor Broiler Finisher as a feed for chicks 6 to 7 weeks old, theretofore fed its product Red Anchor Broiler Starter, will cause total feed cost to be lower and produce BEWLEY MILLS 535 523 Order better broilers than will other feeds; that its product Red Anchor Starter Feed is perfectly balanced and' contains every food element essential to insure a healthv start in life for baby chicks. (b) That the use of its products designated Red Ancho~ Feeds will result in the highest production at the lowest cost for poultry; that ~aid feeds are perfectly balanced, thoroughly tested under actual feed- Ing conditions so as to insure better and more economical results regardless of feeding conditions; and that they will give maximum Production for the least cost over a long period of time. (o) That its product Red Anchor Chick Starter, containing Vitamin D elements, insures lower mortality, more rapid growth, sturdiet• and stronger chicks than are obtained through the use of other starter feeds. · .

(d) That its product Red Anchor Egg Mash feed, in combination With its product Red Anchor Hen Scratch, contains every essential food element, gives the highest feeding results, and produces eggs of the highest quality, that it contains a greater proportion of certain essential feed ingredients than do other commercial feeds sold for egg production; that it increases hatchability of eggs, the vigor and "\'ita1ity of laying hens, all insures stronger chicks; that it contains ~ll the essential food elements for greater production and is higher In "\'vitamin G content than are competitive products; that numerous tests disclose. that it takes less of said product to produce a given number of eggs than it takes of other feeds; and that the amount of such product used may be reduced and still produce more eggs than Would be produced by other egg mash feeds.

(e) That better cattle and sheep are produced by feeding its product :Red Anchor Cattle and Sheep Chunkets than are produced by feeding other products.

(f) That its product All Mash Turkey Starter contains a special ll1i11eral balance and a greater quantity of Vitamins A and D than do other mashes, and that it will produce more No. 1 turkeys than will be produced through the use of other t~rkey mashes. · 2. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce, dire.ctly or indirectly, the purchase in commerce, as "commerce" is defined in the Federal Trade Commission Act, of its said poultry and stock designated Bewley's Red Anchor.Feeds, which advertisell1ent contains any of the representations prohibited in paragra"ph 1. It is further ordered, That respondent shall, within 60 days after service upon it of this order, file with the Commission, a report in Writing setting forth in detail the manner and form in which it has complied with this order.

Syllabus 35F.T.C··