Consumer Law Library

Advisory opinion letter: a proposed course of action, if pursued by our clients, will constitute compliance…

Topics: FTC Act §5: unfair or deceptive actsAdvertising

91 F.T.C. 1198 · June 29, 1970 ·

source volume section (91 F.T.C. 1198)

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.

Dear Sir:

On behalf of our clients, Golden Fifty Pharmaceutical Co., Inc. and Michael A. Posen, we are herewith requesting, pursuant to §3.61(d) of Subpart G of Part 3 of Subchapter A of Chapter 1 of the 16th Volume of the Code of Federal Regulations, advice from the Federal Trade Commission as to whether a proposed course of action, if pursued by our clients, will constitute compliance with an outstanding Commission Cease and Desist Order.

On June 29, 1970, the Federal Trade Commission issued an Order, FTC Docket No. 8792, against our clients, pursuant to the provisions of Section 5 of the Federal Trade Commission Act, prohibiting the continued use of certain methods and forms of advertising. In order to secure continued compliance with this Order, our clients herewith submit two (2) advertisements of Golden Fifty Pharmaceutical Co., Inc. (marked Exhibits GF-02 and GF-08) intended for publication in the near future. We would ask the Commission to kindly consider the proposed advertisements and inform our clients whether or not the advertisements, if published, would comply with the Order. Should the. Commission need additional information concerning either the proposed advertisements or their distribution, please do not hesitate to contact us, for our clients wish to fully cooperate with the Commission in order to prevent future difficulties of any kind. It should be noted that this request for an advisory opinion is in addition to, and not in place of, the two prior requests submitted by us

Advisory Opinion 1199
1195
on July 25, 1977 and September 2, 1977.
Very truly yours,
CHAPMAN AND CUTLER
By

/s/ Harry P. Lamberson First Supplemental Letter Relative to Request September 2, 1977 Dear Sir:

On behalf of our clients, Golden Fifty Pharmaceutical Co., Inc. and Michael A. Posen, we are herewith requesting, pursuant to §3.61(d) of Subpart G of Part 3 of Subchapter A of Chapter 1 of the 16th Volume of the Code of Federal Regulations, advice from the Federal Trade Commission as to whether a proposed course of action, if pursued by our clients, will constitute compliance with an outstanding Commission Cease and Desist Order.

On June 29, 1970, the Federal Trade Commission issued an Order, FTC Docket No. 8792, against our clients, pursuant to the provisions of Section 5 of the Federal Trade Commission Act, prohibiting the continued use of certain methods and forms of advertising. In order to secure continued compliance with this Order, our clients herewith submit one (1) advertisement of Golden Fifty Pharmaceutical Co., Inc. (marked Exhibit A) and five (5) advertisements of Cosmetique Beauty Club, Inc. (marked Exhibits-B, C, D, E and F) intended for publication in the near future. We would ask the Commission to kindly consider the proposed advertisements and inform our clients whether or not the advertisements, if published, would comply with the Order. Should the Commission need additional information concerning either the proposed advertisements or their distribution, please do not hesitate to contact us, for our clients wish to fully cooperate with the Commission in order to prevent future difficulties of any kind. It should be noted that this request for an advisory opinion is in addition to, and not in place of, the request submitted by us on July 25, 1977. We understand that our request of July 25, 1977 has been referred to the Federal Trade Commission Regional Office in Chicago, Illinois, and our clients await the Commission’s response to this earlier

request.
Very truly yours,
CHAPMAN AND CUTLER
By

/s/ Harry P. Lamberson

1200 FEDERAL TRADE COMMISSION DECISIONS
\ 91 FTC.
Letter of Request
July 25, 1977
Dear Sir:

On behalf of our clients, Golden Fifty Pharmaceutical Co., Inc. and Michael A. Posen, we are herewith requesting, pursuant to §3.61(d) of Subpart G of Part 3 of Subchapter A of Chapter 1 of the 16th Volume of the Code of Federal Regulations, advice from the Federal Trade Commission as to whether a proposed course of action, if pursued by our clients, will constitute compliance with an outstanding Commission Cease and Desist Order.

On June 29, 1970, the Federal Trade Commission issued an Order, FTC Docket No. 8792, against our clients, pursuant to the provisions of | Section 5 of the Federal Trade Commission Act, prohibiting the continued use of certain methods and forms of advertising. In order to secure continued compliance with this Order, our clients herewith submit an advertisement of Golden Fifty Pharmaceutical Co., Inc. intended for publication in the near future. We would ask the Commission to kindly consider this proposed advertisement, and inform our clients whether or not the advertisement, if published, would comply with the Order.

Should the Commission need additional information concerning either the proposed advertisement or its distribution, please do not hesitate to contact us, for our clients wish to fully cooperate with the Commission in order to prevent future difficulties of any kind.

We eagerly await the Commission’s response.
Very truly yours,
CHAPMAN AND CUTLER
By