Elvin P. Courant

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IN THE MATTER OF ELVIN P. COURANT TRADING AS COURA~T DISTRIBUTING CmfP A~Y ORDER, ETC., IN REGARD TO THE ALLGED nOLATION OF THE FEDERAL TRDE C'A)MMISSION ACT Docket 5867. Complaint, Mar. 1951-Decision, June 20, 1956 Order dismissing, as not supported by substantial evidence, complaint charging a seller with false advertising concerning its " Sav- Battery " treatment or conditioner for automotive storage batteries. Before Mr. Webster Bo.llinger hearing examiner. J1r. Jesse D. Kash and Mr. William .7J. King for the Commission. llfr. R. II. Moore and Reeder, Gisler Griffn of Kansas City, Mo. and Wheeler Scoutt of 'Washington, D. C., for respondent. CO:\PLAINT 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 Elvin P. Courant an individual trading as Courant Distributing Company, 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 as follows: PARAGRAPH 1. The respondent Elvin P. Courant is an individual trading as Courant Distributing Company having his principal offce and place of business located at K owata, Oklahoma. PAR. 2. Respondent is now and for more than two years last past has been engaged in the sale and distribution of a product represented as a treatment or conditioner for automotive storage batteries. Said product is designated "Sav- Battery. The formula for said product according to information supplied by respondent is as follows:

29% j\Iagnesium 70% Sodium sulfate 1 % Trisodium phosphate An analysis of the product shows the ingredients to be as follows: 13. 20/ YIagnesium sulfate 75.0% Sodium sulfate 1532 FED.ERAL TRADE CO:'IMISSION DECISIONS Complaint 52 F. T. C. 1.% Trisodium phosphate Sodium carbonate PAR. 3. Respondent causes said product when sold by him to be transported from his aforesaid place of business in the State of Oklahoma to purchasers located in various other States of the United States, and maintains, and at all times mentioned herein has maintained, a, course of trade in said product in commerce among and between the various States of the United States. His volmne of business in such commerce has been substantial. PAn. 4. In the course and conduct oT his aforesaid business and ror the purpose or inducing the purchase or his said product, respondent has made many claims and representations concerning said product in advertisements inserted in trade journals, in sales literature, circulars, testimonials, on labels and in other advertising matter. ..A.ll1ong and typical of such claims and representations are the following: TERRIFIC MOKEY-l\AKB;R! A battery chemical that ends recharging! Adds years of satisfactory service to battery! Simply put SA V- BA'l' TgRY into each cell of battery, that' s all there is to do. It prevents sulphation which causes 90% of battery failures. ::lakes lights whiter and brighter, lets driver use radio "\vithout fear of battery trouble. SAV. BA'l' TERY also may be used with amazing results in used batteries as well as new ones. 8 REASONS 'VHY CAR OW ERS Bey SAV- llATTERY 1. Insures Quicker Starting 5. Reduces Recharging 2. Increases Power 6. Prevents Overheating 3. Prolongs Battery Life 7. Non-Injurious 4. Gives Brighter Lights 8. Fully Guaranteed SAV- BATTgRY chemical is amazing in its action-it actually doubles the effciency of new batteries and restores life to used batteries. )flakes them last longer. Because of its remarlmble effect, it does away with battery troubles almost entirely-it eliminates bothersome ' dead' batteries and saves recharging bils. SA V. BATTFJRY never fails, ahvays performs Through long period tests, this unusual battery chemical has been perfected and proven! It' s action is due to the combination of the chemical \with battery sulphuric acid which forms a new and extra-effcient electrolite, thus reducing battery failures to a minimum. Lights are whiter and. hrighter and driyer can use radio safely when SA V- BATTI;:H,Y is at work! It can easily be added to any sulphuric acid battery, old or new:

PAR. 5. Through the use of the foregoing statements and represent.ations hereinabove set fort.h and others similar thereto not specifically set out herein, the respondent represented, directly or by implication, that t.he use of his product, as directed, in lead acid st.orage COVRAN1' DISTRIBUTING CO. 1533 1531 Opinion batteries will end recharging of batteries; that it will add years of satisfactory service to a battery; that it wil prevent sulphation in the battery; that it will make automobile lights whiter and brighter; that it is effective in used batteries as well as Hew batteries; that its use will insure quicker starting, increased power, prolonged battery life, and will prevent overheating of battery; that it wil double the effciency of new battcries, restore life to used batteries and eliminate dead batteries.

PAR. o. In truth and in fact, respondent's product under' either of the formulae hereinabove set out, when used as directed or in any other manner, has no beneficial effect in the preservation, operation or maintenance of lead acid storage batteries. The claims made for said product by respondent in his advertising and particularly set out above are consequently false, misleading and deceptive. PAR. 7. The use by the respondent of the foregoing false, misleading and deceptive statements and representations had the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mista,ken belief that such statements and representations were true, and to induce the public to purchase substantial quantities of respondent's product as a, result of such erroneous and mistaken belief.

P AU. 8. The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair and deceptive a,ets and practices within the intent and meaning of the Federal Trade Commission Act.

OPI:XIO F THE COl\DJISSIOX Per Curiam:

This matter is before the Commission upon appeal by the respondent from the hearing examiner s initial decision. The Commission is of the opinion that the issues raised by this appeal are substantially the same as those decided In the AI atteJ' of Pioneers, Inc. , et al. Docket K o. 6190. IVe find here that the decision of the hearing examiner is not supported by reliable, probative, and substantial evidence of record.

Accordingly, upon the basis of our review of the whole record herein, respondent' s appeal is granted and the complaint dismissed for failure of proof. This disposition of the case renders -it unnecessary for us to rule more specifically on the respondenes exceptions to the initial decision.

Commissioner Kern did not participate in the decision of this matter.

451524--59- 1534 FEDERAL TRADE CQ:\IMISSION DECISIONS Order 52 F. . C. ORDER DISUISSING CO:iIPLAIXT This matter having come on to be heard by the Commission upon the respondent's appeal from the hearing examiner s initial decision and briefs in support of and in opposition to said appeal; and The Commission having determined that the allegations of the complaint are not supported by substantial evidence and having set forth its reasons therefor in the accompanying written opinion: It is ordered That the respondent's appeal from the hearing examiner s initial decision be, and it hereby is, granted. It is further ordered That the initial decision be, and it hereby is vacated and set aside.

It is further ordered That the complaint in this proceeding be, and it hereby is, dismissed.

Commissioner Kern not participating.

HEXRY OSENFE INC.) ET All. J535 Findings