Mary-Mac, Incorporated

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IN Tile :MATTER OF MARY-MAC, INCORPORATED, ET AL.

CONSENT ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAl.. TRADE C01tnnSSIO ACT Docket 8073. Complaint, AU(J. l0, 1960 Decision, Feb. , 1961 Consent order requiring Dallas, Tex. , distributors of its "Mary-Mac Relaxtables, Motor Motorized" u.eviees consisting of motor'driven ( ushions, chairs, mattresses, and belts, to cease representing falsely in advertising that use of said devices would effect a general loss of body weight and a loealized loss of weight to waist. hips. legs, and other body areas; would tOnf the muscle's find result in a firmer figure. Co::rPL \INT Pursuant to the provisions of the Federal Tra.de Commission Act and by virtue of the authority vesterl in it by said Act, the Federal Trade Commission, having reflson to believe that 1\1.aTy- lac, Incorpomted, a corporation, and Harry II. IcDaniel, H. J. McDaniel, and j\1:ary JlcDalliel, individually and as offcers of said corporation hereinafter referred to as respondents, have violated the provisions of said Act, and it appearing to the Commission t.hat a proceeding by it in respect the-reof would be in the public interest, hereby issues its complaint stating it.s charges in that respect as follo\\s: PARAGRAPH 1. Respondent l\Iary- Iac. Incorporated is a corporation organized, existing and doing business under and by virtue of the laws of the State of Texas ".ith its offce and principal place of business located at 1012-1' Powhattan Street, Dallas, Texas. Respondents Harry H. IcDaniel, H. J. IcDalliel and Mary McDaniel are the offcers of corporate respondent who formulate direct and control its activities including the acts and practices hereinafter set forth. Their business address is the same as that of the corporate.e respondent.

PAR. 2. Respondents are now, and for some time past have been engaged in t.he advertising, offering for sale, sale and dist.ribution of mechanical vibrating equipment and furniture including Blotor driven cushions, tables, chairs, mattresses and belts. Said equipment is advertised and sold under the name "J\1:ary-IVIac Relax- l\fotor ::lotorized". Eac.h of respondents' mechanic.al vibrating products is a "device" as that word is defined in the Federal Trade Com mission Act.

PAR. 3. Respondents cause the said devices, when sold, to be transported from their place of business in the State of Texas to .

MARY-MAC, INCORPORATED, ET AL. 151 150 Complaint purchasers thereof located in various other States of the United States and in the District of Columbia, both for rental and sale. Respondents maintain, and at all, times mentioned herein have in commerce, as com-maintained, a course or trade ill . said devices . merce" is defined in the Federal Trade Commssion Act. The volume of business in such eomllerce has been and is substantial. PAR. 4. In the course and conduct of their aforesaid business respondents have disseminated, and have caused the dissemination , certain advertisements concerning the said devices by the United isStates mails and by various means in commerce, as "commerce" defined in the Federal Trade Commission Act, for the purpose of inducing and which were likely to induce, directly or indirectly, the purchase of said devices; and respondents have disseminated, and caused the dissemination of, advertisements concerning said devices by various means ror the purpose or inducing and which were likely to induce, directly or indirectly, the purchase or said devices in commerce, as "commerce"is defined in the Federal Trade Commission Act.

PAR. 5. Among and typical of thc statements and representations contained in said advertisements disseminated as hereinabove set forth are the following:

REDUCE - NEW EASY WAY TO KEEP SLIM AT HOME WAIST LI:'E CO:'TROL It' s the first. choice REDUCE UNWANTED BULGES SHAKE AWAY WEIGHT AT :IE )jor PE NIES The relaxing, soothing massage breaks down fatty tissues, tones the muscles and flesh, and the increased awakened blood circulation carries away waste fathelps you reg-ain and keep a firmer and more graceful figure )iary-MAC.' DOES ALL THE WORK FOR YOU! ITS DEEP POWERFUL MOTOR GENERATES DEEP. SOOTHING VlBRATI01\STHAT SHAKE AWAY EXCESS WEIGHT LIKE MAGIC! YOUR BODY BECOMES I.ISSOME AND BEAUTIFUL.

START 'today! AT HOMJ REDUCE I:'CHES HIPS - WAIST - LEGS WITH. - FAST -- ACTING RELAX- )IOTOR CUSHION SHAKE- W AY-REDUCE AT-HOME FOR PENNIES Don t Stay Fat Use "MARY-MAC"

, 152 FEDERAL TRADE COMMISSIO DECISIO Decision 58 P.

PAn. 6. Through the use of the statements in the aforesaid advertisements, and others similar thereto not specific.ally set out herein respondents have represented and are now representing, directly and by implication, that the use of said devices: 1. ,Vil effect a general Joss of body weight; 2. 'Vill effect a locaJizcd loss of weight to waist, hips, legs or other body areas;

3. 'Will tone the muscles and effect a firmer figure. PAn. 7. The said advertisements were and are misleading in material respects and constitutec1 and constitute false advertisements" as that tcr1l1 is cleJincd in the Federal Trade Commission Act. In truth and in fact the use of said devices: Is of no value in effectjng either a general or localized loss of Lody weight.

'Viii not tone the muscles or effect a firmer figure. PAR. 8. The dissemination by the respondents of the false advertisements, as aforesaid, constituted, and now constitutes, unfair and deceptive acts and practices, in C011merce, within the intent fmcl meaning of the Federal Trade Commission Act. ,.11'. Frederick ill c111 arrus for the Commission. 11h. John A. EThanl of Dallas, Tex. , for respondents. II'HTIAL Dl' CISION BY LOREX II. Lcc\UGHLIN, HEARING EXA ,mR The Federal Trade Commission (sometimes also hereinafter referred to as the Commission) on August 10 , 1960, issued its com plaint herein, charging the respondents Iary- Iac, Incorporated a corporation, and Harry H. 1IcDaniel, H. .J. McDaniel, and Mary IcDaniel, individually and as offcers of said corporation, with lUlving violated the provisions of the Federal Trade Commission Act and respondents were duly served "ith process. On December 20 , 1960, there ,ms submitted to the undersigned hearing examiner of the Commission, for his consideration and approval, an "Agreement Containing Consent Order To Cease And Desist", vi'which had been entered into by and bebycen respondents their counsel, and counsel snpporting the complaint., under date of December 6, 1960, subject to the approval of the Bureau of Litigation of the Commission, which ha.d subsequently approved the same. On due consideration of such agreement, the hearing examiner finds that said agreement, both in form and in content, is in accord with 25 of the Commission s Hules of Practice for Adjudicative MARY-MAC, INCORPORATED, ET AL. 153 150 Decision Proceedings, and that by said agreement the parties have specifically agreecl to the following matters:

1. Respondent l\iary l\.fac, Incorporated is a corporation organ ized, existing and doing business under and by virtue of the la,ws of the State of Texas, with its oflice and principal place of business located at 1012-14 Powhattan Street, Dallas, Texas. Respondents Harry H. McDaniel, H. J. IcDaniel and Mary McDaniel are the offcers of the corporate respondent, who formulate, direct and control its activities, including the acts and practices hereinafter set forth. Their business address is the same as that of the corporate respondent 2. Respondents admit all the jurisdictional facts alleged in the complaint and agree that the record may. be taken as if findings of jurisdictional facts had been duly made in accordance with such allegations.

3. This agreement disposes of all of this proceeding as to all parties.

4. Respondents waive:

(a) Any further procedural steps before the hearing examiner and the Commission;

(b) The making of findings of fact or conclusions of law; and (c) All of the rights they may have to challenge or contest the validity of the order to cease and desist entered in accordance with this agreement.

5. The record on which the initial decision and the decision of the Commission shall he based shall consist solely of the complaint and this agreement;

6. This agreement shall not become a part of the offcial record unless and until it becomes a paxt of the decision of the Commission. 7. This agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the complaint.

8. The following ordcr to cmlse and desist may be entered in this proceeding by the COTl1nission without furt.her notice to respondents. 'Vhen so entered it shall have the same force and eireet as if entered after a full hearing. It may be altered, modified or set aside in the manner provided for other orders. The complaint may be used in construing the terms of the order. Upon due consideration of the complaint filed herein and the said Agreement Conta.ining Consent Order To Cease And Desist", the hearing examiner hereby accepts this agreement, and finds that the Deision 58 F. T.

Commission has jurisdiction of the subject-matter of this proceeding and of the respondents herein; that the complaint states a legal cause for complaint under the Federal Trade Commission Aet against the respondents, both generally and in each of the particulars alleged therein; that this proceeding is in the interest of the public; that the order proposed in said agreement is appropriate for the just disposition of all of the issues in this proceeding as to all of the parties hereto; and that said order therefore should be, and hereby , entered as follows:

It;8 ordered That respondent Mary-Mac, Incorporated, a corporation, and its offcers, and respondents Harry H. McDaniel, H. J. McDaniel, and Mary McDaniel, individually and as offcers of said corporation, and respondents' agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, distribution or rental of motor-driven mechanical vibrating equipment or furniture known as "Mary-Mac Relax- Motor Motorized", or any other device of substantially similar design or operation, do forthwith cease and desist from: 1. Disseminating or causing to be disseminated by means of the United States mails or by any means in commerce, as "commerce is defined in the Federal Trade Commission Act, any advertisement which represents, directly or by implication: (a) That the use of said devices wil be of value in eiIecting a general or localized reduction in body weight; (b) That the use of said devices will tone the muscles or effect a firmer figure;

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 of said devices in commerce, as commerce" is defined in the Federal Trade Commission Act, which advertisement contains any representation prohibited in paragraph 1 hereof.

DECISION OF Tile COl\DrISSION AND ORDER TO FILE REPORT OF COl\fPLIANCE Pursuant to Section 3.21 of the Commission s Rules of Practice, the initial decision of the hearing examiner shall, on the 9th day of February, 1961, become the decision of the Commission; and, accordingly:

It i8 ordered That the above-named respondents 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. THE STERN & MA CO. 155 Complaint