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Proposed advertising for mink oil skin lotion The Commission was requested to render an advisory opinion with…

Topics: Textile Fiber Products Identification ActAdvertising

72 F.T.C. 1045 · Sept. 6, 1967 · Digest No. 141

source volume section (72 F.T.C. 1045)

Text is machine-OCR of the printed volume and may contain errors. Advisory opinions are the Commission's views on proposed conduct, not binding orders.

No. 141. Proposed advertising for mink oil skin lotion The Commission was requested to render an advisory opinion with respect to proposed advertising for a skin lotion containing mink oil, which would represent that the product will relieve the scaling, itching and redness of psoriasis and eczema. The opinion advised the advertiser that while the Commission has no objection to representations that the product will afford temporary relief of itching and scales of psoriasis, any mention of eczema or representations in advertising that the product will relieve redness would appear to have the capacity and tendency to deceive. (File No. 683 7014, released Sept. 6, 1967. Ko. 142. Information required on label affxed to textie fiber products The Commission was requested to render an opinion with respect to the labeling of textile fiber products manufactured so as to stimulate a fur or fur product.

The requesting party proposed using two labels on his products. The first would bear his trademark and trade name and would be affxed inside the neck of the garment in the conventional manner. The second , bearing the required fiber content disclosures, would he a separate tag hung elsewhere on the garment. The Commission pointed out that the Rules and Regulations promulgated under authority of the Textile Fiber Products Identification Act define "required information" as that which must appear on labels, and "label" as the means of identification required to be affxed on textile fiber products and on which the "required information" is to appear (Rule 1, paragraphs (e) and (f)). The required information " includes "the generic names and percentages by weight of the constituent fibers present" which shall be conspicuously and separately set out on the same side of the label in a manner as to be clearly legible and readily accessible to such a prospective purchaser (Rule 16). The name to be used on such labels "shall be the name under which the person is doing business" or his word trademark if registered (Rule 19). The opinion pointed out that Rule 16 (b) provides that the required name or registered identification number may be conspicuously set out on a separate label which is prominently displayed in close proximity to the label containing the other required information. However, in this instance, the Commission believed that it would not be proper, in the labeling of a textile product to identify the product with one label bearing a trademark and trade name including fur terminology and to make the fiber content disclosure on another label or tag hung elsewhere on the product. It was the Commission s opinion that the proposed labeling of a textile fiber product manufactured so as to simulate the fur of an animal commonly or commercially used in fur products would have the tendency and capacity of inducing prospective purchasers into the mistaken belief that such product was a fur or fur product. (File No. 683 7008, released Sept. 6, 1967.