Blauston, Nathaniel L

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IN THE MATTER OF NATHANIEL L. BLAUSTON, AN INDIVIDUAL DOING BUSINESS UNDER THE NAMES AND STYLES OF :MARIE ANTOINETTE PERLE COMPANY AND BRISTOL GIFT SHOP MODIFIED ORDER TO CEASE AND DESIST Docket 1.f19. Order, lfay 11, 1931 Order modifying order in 12 F. T. C. 11 et seq., so as to remove from the prohibitions thereof that relating to the use of the words "Nickel Silver" or either of them, to describe articles of merchandise not composed in whole or in part of the metals known as silver and nickel. MODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard upon the complaint of the Commission and the answer of the respondent, filed pursuant to Rule III of the Rules of Practice of the Commission, in which answer it is set forth that respondent refrains from contesting the proceeding instituted by the Commission, and the Commission having made its findings as to the facts, with its conclusion that the respondent has been and is using unfair methods of competition in commerce in violation of the provisions of section 5 of an act of Congress approved September 26, 1914, entitled "An act to create a ]'ederal Trade Commission, to define its powers and duties, and for other purposes "; and the Commission, on November 15, 1930, having served due notice upon the respondent that it proposed to :modify the order to cease and desist theretofore issued herein on, to wit, the 6th day of February, 1928, and the respondent having failed to appear in response to said notice, and having failed to :rnake any objection to the entry of the order as proposed to be :rnodified, It is ordered, That respondent, Nathaniel L. Blauston, his agents, employees and successors, cease and desist from: (a) Using the words "Gold Plate" or "Gold Plated", or either of them, to advertise or describe watch cases which have a plating of gold less than three one-thousandths of an inch in thickness on the outside, and one one-thousandth of an inch in thickness on the inside; and using the words " life guaranteed " to indicate the length of time such watch cases will last or wear. (b) Using the words" Silver Finished" or" Silvered", or either of them, to advertise or describe watch or clock dials which contain no silver metal; or the words" Gold Finish'' to advertise or describe Modified order 15F.T.O. pen and pencil sets which contain no gold metal; or the words "Platinoid Finish", or "Platinum Effect", or either of them, to advertise or describe articles or merchandise which contain no platinum; or the words" Platinum Top", or "Gold Top", respectively, to advertise or describe brooches or bar pins or similar articles of jewelry which have only a thin plating of platinum or gold, as the case may be.

(c) Using the words "Amber", "Crystal", "Jade", "Jet", "Amethyst" or "Garnet", or either of them, respectively, to advertise or describe necklaces which are not composed of genuine amber' crystal, jade, jet, amethyst or garnet, as the case may be. (d) Using the words "Gold Filled" or "Gold Shell ", or either of them, to advertise or describe finger rings and charms, unless such articles contain a layer or shell of gold of substantial thickness on the outside, and unless said words are preceded by the designation of the alloy of gold used in the shell, which is preceded by a fraction designating the correct proportion oi the weight of the layer or shell of gold to the weight of the entire ring or charm. (e) Using the word " Ivory " as a noun to advertise or describe articles of merchandise which are not composed in any part of genuine ivory, but are composed of a material made to simulate ivory in appearance and finish.

(f) Using the word "Ivoroid" or "Rubberoid ", or "Amberite ", or either of them, respectively to advertise or describe articles of merchandise which do not contain in any part genuine ivory, rubber or amber, respectively; and from using the word "Leather", either alone or in combination with any other word or words, letter or letters, to advertise or describe articles of merchandise which are not made in part of the prepared skins of animals. (g) Using in catologues or other advertising matter pictorial representations of any article of merchandise which is not an illustration of the particular article of merchandise actually offered for sale. (h) Making any other untrue advertisement or description of any article offered for sale by him.

It is fwrther ordered, That the respondent Nathaniel L. Blauston, shall, within 60 days after the service upon him of a copy of this order, file with the Commi3sion a report in writing, setting forth in detail the manner and form in which he has complied with the order to cease and desist hereinbefore set forth. OZMENT's INSTRUCTION BUREAU 103 Syllabus