Records, Inc.
Volume 56 · 56 F.T.C. 1252
deceptive advertisingendorsements
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Records, Inc., 56 F.T.C. 1252 (1960). Consumer Law Library, https://consumerlawlibrary.org/decisions/v056-0263
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In THE Marrer or RECORDS, INC., ET AL.
CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 7774. Complaint, Feb. 5, 1960—Decision, April 14, 1960 Consent order requiring Boston, Mass., distributors of phonograph records for several manufacturers to retail outlets and jukebox operators, to cease giving concealed “payola” to television and radio disc jockeys as inducement to play their records in order to increase sales. Mr. John T. Walker and Mr. James H. Kelley for the Commission. Mr. Morris Kirsner, of Boston, Mass., for respondents. Syllabus 56 F.T.C.
(g) That the use of respondents’ devices will aid blood circulation or strengthen the muscles;
(h) That respondents’ devices will retain or hold all ruptures or hernias, or control ruptures 100%;
(1) That respondents’ devices are guaranteed, unless the nature and extent of the guarantee and the manner of performance thereunder are clearly and conspicuously disclosed in connection with the representation of the guarantee;
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 devices, which advertisement contains any of the representations prohibited in Paragraph 1 hereof.
DECISION OF THE COMMISSION AND ORDER TO FILE REPORT OF COMPLIANCE Pursuant to Section 3.21 of the Commission’s Rules of Practice, the initial decision of the hearing examiner shall, on the 14th day of April, 1960, become the decision of the Commission; and, accordingly :
/t 7s ordered, That respondents Fred B. Miller and Robert H. Miller, individuals and partners, trading as Miller Laboratories and as Fred B. Miller, shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied with the order to cease and desist.