Consumer Law Library

Advisory opinion letter to Mr. Baron

Topics: Health professions and antitrustAdvertising

Opening text: GENTLEMEN! Before investing in a mail order business along the lines of the enclosure, I would greatly appreciate it if you could comment on the Federal propriety of such a plan. In other words, does the plan violate any Federal statutes?

78 F.T.C. 1669 · date not parsed ·

source volume section (78 F.T.C. 1669)

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.

GENTLEMEN! Before investing in a mail order business along the lines of the enclosure, I would greatly appreciate it if you could comment on the Federal propriety of such a plan. In other words, does the plan violate any Federal statutes?

As you may notice, the plan offers 2 money-back guarantee, it is not medical, only standard “calamine” lotion would be used and it is basically a readjustment of the individual’s diet. . If I can be of any further help, kindly let me know. Thanking you for any consideration, I am, (S) Irwin R. Tuater.

In response to your inquiry of recent date, we are herewith furnishing you with information of the utmost importance to you. Acne is generally caused by faulty secretion of the sebaceous glands. This secretion is manufactured from certain food substances. Consequently, concensus of opinion indicates that improper diet may play an important part in certain poor complexions. A choice is made for you of the foods that you eat in order to give you the best selection of everyday foods that may improve the appearance of your skin. We are prepared to analyze your diet very carefully and supply you with a corrected personalized diet of everyday common foods for you. All we ask you to do is to submit to us the enclosed chart fully answered. As you undoubtedly know, obesity is being attacked by so-called “Weight Watchers” organizations. Our technique is more or less along those same lines. It is predicated on diet therapy and in no sense or manner should be considered a medical type of treatment.

Nonetheless, since skin trouble is such a stubborn and lasting problem and while it is our opinion that you may be able to obtain improvement by utilization of the above-mentioned diet therapy we also send you a small bottle of standard “ealamine” lotion. This is done so that the unsightliness of your acne may be diminished while you are endeavoring to correct it. Moreover, and this is important, we offer a moneyback guarantee for our method. So irrespective of your concern for a clearer skin, it will not cost you one cent to try this method. In other words you may follow our plan for a period of two weeks, meanwhile eating the everyday foods that are not known to foster skin eruptions while avoiding the prohibited foods. At the same time use our standard “calamine”’ complexion formula regularly and after a period of 14 days if you are not entirely satisfied you may return the unused portion of the lotion and your money will be cheerfully refunded with no questions asked. Imagine! At absolutely no cost to you, if you so desire, you may try our method to rid yourself of an ugly skin condition. Whether you have a few pimples or a very bad acne you have nothing to lose by answering the chart and sending it to us with . You, too, will be grateful when you receive the following : 1: Analysis of your diet and personal correction. 2. A suggested 7 day diet which you may follow. 3. List of foods which are believed to aggravate acne. 4. A bottle of calamine lotion. .

5. Generally acceptable instructions on how to take care of your skin while on our plan. . :

We feel that we do not have to emphasize to you the handicaps of a poor complexion such as embarrassment, self-consciousness, etc. Do not dismay. Let us have the opportunity of bringing you a method which may help you to achieve improved skin appearance.

ADVISORY OPINIONS writtt REQUESTS THEREFOR 1671 Legality of a Plan To Sell a Patented, Electric-Operated, Advertising Device Called a Vectograph to Suppliers for Their Advertising Use With the Retailers of Their Products, (File

)
Opinion Letter
. May 5, 1971
Dear Mr. Baron:

This is in response to your letter of October 9, 1970, requesting advice as to the legality of a proposed plan to sell a patented electric operated advertising apparatus called a vectograph. The device will be sold to suppliers for their advertising use with the retailers of their products. , As the Commission understands the facts, the vectograph will be sold outright to suppliers. No distribution or placement services are to be performed by you on behalf of the purchasing company, and except for the purchase price, no other compensation is received by you. Pursuant to this plan to sell the machine, there is no intention to promote use of the vectograph on behelf of the purchasing company, and your interests in the invention will terminate after the sale is consummated. The Commission is of the view, based on the information furnished, that the plan for outright sale of the vectograph in the manner deThis opinion in no way relates to the legality of the patent or your

right to use the patent.
By direction of the Commission.
Supplemental Letter of Request
Marcu 18, 1971