Advisory opinion letter to Mr. AyYASH

ADVISORY OPINIONS WITH REQUESTS THEREFOR 1675 evice used at the point of purchase. This device is a patented electric operated apparatus for displaying Vectographic prints. This device would be used to advertise various types of sundries—such as Tazors, tooth brushes, food products, cigarettes and toiletries. This device would be primarily used in areas of mass retail merchandising— such as super markets, discount stores, drug stores, etc. I have enclosed, for your edification, some background sketches of the device taken from the patents.

As discussed, our client wishes to determine FTC use and approval of a devi the Gillette razor.

From the foregoing simple illustration, it will be readily understood The foregoing brief description of this display device is the subject of a patent issued to my client bearing U.S. Patent No. 2,995,981. The enclosed patent office drawings, figures one to three inclusive, show one preferred embodiment of the display apparatus, and figure 7 shows a cross section of a constant fluorescent, light source, number 29, around which revolves oppositely polarized sheets 387 (green) and 36 (red) which project alternating polarized light on a parabolic reflector, number 28 as shown in figure 5, which reflects the alternating polarized case of the opening and closing Gillette razor. Your comments are most welcome concerning the above matter as counter to the directives of the Federal Trade Commission; therefore, I shall look forward to hearing from you concerning this matter at

your earliest possible convenience.
Very truly yours,
(S) Rozezrr R, Baron,
President.

Proposed Advertising for a Book About Investing. (File No. 713

7012)
Opinion Letter
May 25, 1971
Dear Mr. AyYASH:

This is in reply to your request for an advisory opinion on your proposed advertisement of the book “Harian’s Investing for a Sound 6% and More.” The proposed advertisement reads: How to get gound 6%-15%.- Amazingly by profitable ways to make your money work. This new pook could be your best investment. Satisfaction guaranteed. Send $2.95; Ayyash Caravan, 3121 Princeton Ave., Phila., Pa. 19149. According to the Commission’s understanding of the proposal, the refund of the full purchase price under the guarantee will be subject to the condition that the book be returned within ten days of receipt by the purchaser.

Because the advertisement fails to state clearly and conspicuously the conditions on the guarantee, as required by the Commission’s “Guides Against Deceptive Advertising of Guarantees,” 16 C.F.R. 88 239.1, 239.3 (1970), the guarantee portion of the advertisement must be considered deceptive.

The Commission has given the remainder of the advertising careful consideration and is of the view that with respect to claims made by the author which state what is in the book, proceedings by the Commission would not be warranted provided: the advertising only purports to express the opinion of the author or to quote the contents of the book; the advertising discloses the source of statements quoted or derived from the contents of the book; the advertising discloses the author to be the source of opinions expressed about the book; and, the book is not promoting another product as part of a commercial

scheme.
By direction of the Commission.
Letter of Request
; Sppremper 1, 1970
GENTLEMEN :.

T would like to promote the sale of the book “FJarian’s for a Sound 6% and more” by the editors of Harian Publications, Greenleaf, L.L., New York 11740.

This book is most helpful and informative to the average person who is interested in investing his money profitably without too great a risk. It offers sound investment suggestions in many cases, and, at the same time advises the reader to check-up on all suggestions before in vesting. Therefore, I believe this publication is honest and reliable, worthy of promoting its sale.

I propose to present its sale by advertising in a few reputable Men’s Magazines as follows:

How to get sound 6%-15%. Amazingly profitable ways to make your money work. This new book could be your best investment. Satisfaction guaranteed. Send $2.95; Ayyash Caravan, 3121 Princeton Ave., Phila., Pa. 19149. Will you please let me have your opinion about the legitimacy of this offer and advertisement. Your prompt reply will be greatly appreciated. Very truly yours, (S) Susur M. Aryasn.

Denial of Petition for Reconsideration of Prior Advisory Opinion*