Goldstein, Gustave

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IN THE MATTER OF GUSTAVE GOLDSTEIN, TRADING AS RUMANIA HAIR & SPECIALTY MFG. C0.1 COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 2124. Complaimt, Feb. 18, 1986-Decision, Oct. 26, 1936 Where an individual, engaged in the sale of hair goods, cosmetics, and toilet preparations, mailed or shipped to purchasers In various States- (a) Represented, through pamphlets, catalogs, and other advertisements circulated generally throughout the United States, and through labels attached to his merchandise, that lle was a manufacturer of hair and specialty goods; facts being he bad no factory which he owned, leased, or controlled, but bought his said merchandise from various manufacturing companies and jobbers;

(b) Represented, as aforesaid, that he was an importer of hair goods; facts being he was not such an importer, though he did, in fact, sell some imported hair goods purchased by him in this country; (c) Falsely represented, as aforesaid, that his "Requas Ear Oil" would bring relief from deafness, and that his "Magic Shaving Powder" did not affect the growth of hair nor Injure the skin;

(d) Falsely represented, as aforesaid, that his "La-Em-Strait" and "Madam Walker's Hair Grower" prevented dandruff and falling hair and promoted hair growth, and that his "I-IIgb ·Brown Hair Grower" was a combination hair grower and straightener, and falsely set forth that other preparations sold by him under various names made harsh hair soft and silky, promoted growth of hair on the temples, made kinky hair glossy, long, and straight, or grew hair, or restored white and gray hair to a lustrous black, etc.; and (e) Falsely represented that his "High Brown Beauty Ointment," "Dr. Ford Palmer's Skin 'Vhitener," and other preparations sold by him under various names, rid the face of blemishes, pimples, etc., got rid of eczema, whitened and lightened dark blotchy skin almost over night, etc., without injury, and that other cosmetics and toilet preparations sold by him were efficacious in the restoration and treatment of the hair and skin and not Injurious to latter or to the scalp;

With effect of misleading and deceiving a substantial portion of the purchasing PUblic into the belief that l1e owned, operated or controlled a plant for the manufacture of the various products dealt ln by him, as aforesaid, and that in purchasing of him they were dealing directly with the factory and securing for themselves advantages of closer prices and superior quality, as well as eliminatlng middleman, and that he actually imported certain of his hair goods, and that the various products sold by him would ~ accomplish the results represented or claimed, as aforesaid, and aa 1 Prior findings of facts and conclusion and order to cease and desist In this matter made 193~~ May 13, 1936, were vacated and set aside by order of the Commission on October 26, 702 FEDERAL TRADE COl\11\IISSION DECISIONS Complaint 23F.T.C· of inducing a substantial number of such public to buy a substantial volume of his said products as a result of such mistaken and erroneous beliefs, and of diverting trade unfairly thereby to himself from individuals or concerns similarly engaged iu the manufacture, importation, distribu· tion, and sale of such products, and who truthfully represent, or do not misrepresent, their business status or operations or the benefits that may reasonably be expected to accrue to the user of the products sold by thrll1; to the substantial injury of substantial competition in commerce: .Held, That such acts and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. Mr. Reuben J. Martin for the Commission.

Mr. Philip Silverman and Reel'es, Todd, Ely <fJ Beaty, of New York City, for respondent.

Complaint Pursuant to the provisions of an Act of Congress entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," the Federal Trade Commission, having reason to believe that Gustave Goldstein, trading as Rumania Hair & Specialty :Mfg. Co., hereinafter referred to as the respondent, has been and is using unfair methods of competition in commerce, as "commerce" is defined in said act, and it appearing to said Corn· mission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, and states its charges in thn t respect as follows :

PARAGRAPH 1. The respondent is an individual, trading as Rumania Hair & Specialty 1\Ifg. Co., with his principal office and place o£ business at 10-12 East 23rd Street, New York, N. Y. Respondent is now and for more than two years last past has been engaged in the sale of lutir goods, cosmetics, and toilet preparations, and in the dis· tribution thereof in commerce between and among the various States of the United States and the District of Columbia, and causes and bas caused said merchandise, when sold, to be transported in interstate commerce from his place of business in the State of New York, to purchasers thereof, some located in said State, and others located in various other States in the United States and in the District of Columbia.

PAR. 2. In the course and conduct of his said business, respondent is now and has been. for more than two years last pasty in substantial competition with other corporations and with individuals, partner· ships, and firms, engaged in the manufacture, sale, and distribution of hair goods, cosmetics, and toilet preparations, in intertsate corn· merce between and among the various States of the United States and the District of Columbia, used for purposes similar to the purposes for which respondent's merchandise is used. RUMANIA HAIR & SPECIALTY 1\IFG. CO. 703 701 Complaint PAR. 3. In the course and conduct of his said business, as herein. ~have described, the respondent, in soliciting the sale of and selling, In interstate commerce, hair goods, cosmetics, and toilet preparations has represented and does now represent, in and by circulars, pamphlets, catalogues, and other advertisements, circulated generally throughout the United States, and by labels attached to respondent's n:terchandise :

That respondent is a manufacturer of hair and specialty goods; That respondent is an importer of hair goods; That some of the wigs advertised and sold by respondent are imported French wigs, made of finest quality soft French hair; That continued use of respondent's "Requas Ear Oil" will bring relief for deafness;

That respondent's "Magic Shaving Powder"' does not affect the growth of hair and does not injure the skin; That respondent's "LA-EM-STRAIT" and "Madam 'Valker's Hair Grower" prevent dandruff, falling hair and promote hair growth; That respondent's "High Brown Hair Grower" is a combination hair grower and straightener;

That respondent's "Black and 'Vhite Hair Grower" makes harsh, stubborn, nappy hair soft and silky.

That respondent's "High Brown Temple Oil" promotes the growth Qf hair on the temple;

That respondent's "Herolin" makes kinky, nappy or coarse hair soft, glossy, lustrous, long and straight; That respondent's "Kongolene" positively straightens the hair; That respondent's ~'Madam 'V alker's Temple Grower" will cause the hair to grow on bald spots;

That respondent's ~'Apex Pomade" has never failed to grow hair and is positively guaranteed to restore hair; ~hat respondent's "Moorish Straight Black" will instantly restore Wlute and gray hair to a lustrous jet black and straighten it at the same time · ' That respondent's "Ro-Zol F .ACE BLEACH" is an effective remedy for skin diseases· ' That respondent's "High Brown Beauty Ointment", "Golden B~·own Beauty Ointment" and "Dr. Ford Palmer's Skin "Vhitener ~llltment" rid the face of blemishes, tetter rash, pimples, liver spots, recldes and blackheads· That respondent's "Black' and ·white Ointment" is a sure way to get rid of eczema; . That respondent's "Genuine Black and White Bleaching Cream" and "Golden Brown Beauty Ointment" whiten and lighten dark, Complaint 23F.T.C.

blotchy skin almost overnight and permit any desired shade to be retained, without injury to the skin, and that other cosmetics and toilet preparations of respondent are efficacious in the restoration and treatment of the hair and skin and are non-injurious to the seal p and skin.

P .AR. 4. In truth and in fact, the statements hereinabove in para· graph 3 set forth and respondent's representations in circulars, pamphlets, catalogues and other advertisements in said paragraph 3 specified are, and each of them is, extravagant, false, misleading and deceptive.

The use of respondent's cosmetics and toilet preparations do not have the effects claimed as to either hair or skin. Respondent is not a manufacturer of hair and specialty goods; and has, and has ha·d, no factory which it owns, leases or controls, but, on the contrary, respondent purchases its merchandise, herein· above specified, from various manufacturing companies and jobbers; Respondent is not an importer of hair goods; but, on the con· trary, buys and sells only domestic merchandise; The wigs advertised and sold by respondent are not imported French wigs, nor are they made of finest quality soft French hair; Continued use of respondent's "Rf>quas Ear Oil" will not bring relief for deafness;

Respondent's "Magic Shaving Powder" does injure the skin; Respondent's "LA-EM-STRAIT" and "Madam 'Valker's Httir Grower" do not prevent dandruff, falling hair or promote hair growth;

Respondent's "High Brown Hair Grower" is not a combination hair grower and straightener;

Respondent's "Black and White Hair Grower" does not make harsh, stubborn, nappy hair soft and silky. Respondent's "High Brown Temple Oil" does not promote the growth of hair on the temple;

Respondent's "Herolin" does not make kinky, nappy or coarse hair soft, glossy, lustrous, long and straight; Respondent's "Kongolene" does not positively straighten the hair; Respondent's "Madam '\Valker's Temple Grower" will not cause the hair to grow on bald spots;

Respondent's "Apex Pomade" has failed to grow hair and to re· store hair;

Respondent's "Moorish Straight Black" will not instantly restore white and gray hair to a .lustrous jet black or straighten it at the same time;

RUMANIA HAIR & SPECIALTY MFG. CO. 705 701 Complaint Respondent's "Ro-Zol FACE BLEACH" is not an effective remedy for skin diseases;

Respondent's "High Brown Beauty Ointment", "Golden Brown Beauty Ointment" and "Dr. Ford Palmer's Skin Whitener Oint- Inent" do not rid the face of blemishes, tetter rash, pimples, liver spots, freckles or blackheads;

Respondent's "Black and ·white Ointment" is not a sure way to get rid of eczema;

Respondent's "Genuine Black and White Bleaching Cream" and "Golden Brown Beauty Ointment" do not whiten and lighten dark, blotchy skin almost overnight or permit any desired shade to be retained, without injury to the skin; and Other cosmetics and toilet preparations of respondent are not efficacious in the restoration and treatment of the hair and skin and are injurious to the scalp and skin.

PAn. 5. A substantial portion of the purchasing public pr~fer to ~ake purchases direct from the manufacturer of the products be- Ing purchased, believing that they thereby eliminate from the retail cost of the articles purchased the so-called middleman's profit and that they secure superior quality in dealing direct with the manufacturer rather than a selling agency or middleman. A substantial portion of the purchasing public have expressed, and actually have, a preference for purchasing articles, such as wigs Inade from hair, that have bee"n imported from France, believing that wigs and other articles made from hair that are imported from France are of superior quality to those made or manufactured in the United States.

PAn. 6. There are among the competitors of the respondent many Who actually manufacture the various hair goods, cosmetics, and toilet Preparations sold by them and who truthfully represent themselves to be the manufacturer of said products. Likewise, many of the respondent's competitors do not manufacture the various hair goods, cosmetics, and toilet pr~parations distributed and sold by them and do not, in any way, represent themselves to be the manufacturers thereof.

Many of the respondent's competitors actually import from France certain articles such as wigs made from hair and truthfully represent that said wigs are imported from France. Likewise, many of respondent's competitors do not import such articles but either manufacture them in the United States or purchase them from those who do manufacture said articles in the United States and do not, in any Inanner, represent that said artic:les are imported from France or any other foreign country.

706 FEDERAL TRADE COMl\USSION DECISIONS Complaint 23F.T.C.

Many of respondent's competitors who sell hair goods, cosmetics, and toilet preparations do not, through advertisements or labels or any way whatever, misrepresent the benefits that may be reasonably expected to accrue to the user of the products sold by them and said competitors truthfully advertise and label said products and truth· fully represent the benefits that may be reasonably expected to be ob· tained after a use thereof.

PAn. 7. The use by the respondent of the word ".Manufacturing" in his trade name and the use of the various representations set out in paragraph 3 in describing the products sold by him or in designating the efficacy of said products for their intended use, through advertisements, circulars, pamphlets, catalogues, and other advertising literature, in offering for sale and selling the products so advertised, was, and is, calculated to, and had, and now has, the tendency and capacity to, and did, and now does, mislead and deceive a substantial portion of the purchasing public into the erroneous belie£: ( 1) That the respondent owns, operates, and controls a manufacturing plant for the manufacture of the various hair goods, cosmetics and toilet preparations sold by him; (2) that whf'n they purchase products sold by the respondent, they are dealing directly with the factory and are securing for themselves the advantages of closer prices and superior quality as well as eliminating the middleman; (3) that respondent actually imports certain of the hair goods sold by him from France i and ( 4) that the various products sold by him will actually accomplish the results represented or claimed by the respondent, as set out in paragraph 3 hereof, upon the use of said products by the pur· chasers thereof. As a direct consequence o£ these mistaken and erroneous beliefs, induced by the acts, practices, and representations of the respondent, as hereinabove outlined, a substantial number of the purchasing public have purchased a substantial volume of the products sold by the respondent with the result that trade has been unfairly diverted to the respondent from individuals, firms, and corporations likewise engaged in the business of distributing and selling similar products; or in the business of manufacturing, distributing, and selling similar products; or in the business of importing, distributing, and selling similar products, all of which said competitors truthfully advertise and represent the quality, character and nature of their products. As a result thereof, substantial injury has been, and is now being, done by respondent to substantial competition in commerce among and between the various States of the United States and in the District o£ Columbia. PAR. 8. The acts, practices and representations of the respondent hereinabove set forth are all to the injury and prejudice of the pub- HUl\IANIA HAIR & SPECIALTY MFG. CO. 707 701 Findings lie and the competitors of the respondent, in interstate commerce Within the intent and meaning of Section 5 of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to uefine its powers and uuties, and for other Purposes."

REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of an Act of Congress, approved Sept~mber 26, 1914, entitled "An Act to create a Federal Trade Commis- Sion, to define its powers anu duties, and for other purposes," the ~ederal Trade Commission on February 18, 1936, issued and served Its complaint in this proceeding upon respondent, Gustave Goldstein, charging him with the use of unfair methods of competition in commerce, in violation of the provisions of said act. After the issuance of said complaint, the responuent filed an answer thereto wherein and Whereby he states that he desires to waive hearing on the charges set forth in the complaint, and not to contest the proceeding; that he admits all of the material allegations of the complaint to be true, and that without further evidence or other intervening procedure the ~onunission may make, issue and serve upon respondent, findings of fact, anu an order to cease and desist from the violations of law c~arged in the complaint; and the Commission having duly con- SI~ered the same, and being fully advised in the premises, finds that this proceeding is in the interest of the public, and makes this its findings as to the facts and its conclusion drawn therefrom: FINDINGS AS TO THE FACTS PARAGRAPH 1. The respondent, Gustave Goldstein, trading as Hu- ~na~ia Hair & Specialty 1\Ifg. Co., for more than two years last past S~tving his principal office and place of business at 10-H East 23rd • t., New York, N. Y., has been engaged in the sale of hair goods, ~Jsmetics, anJ toilet preparations, selling his merchandise in many of the United States. When sold, the respondent mails or ' 1 t~tes~lips his merchandise from his place of business in New York City 0• Purchasers located in the said State of New York and some located ln Various other States.

~An. 2. For more than two years last past the respondent has been f!elhng his merchandise in substantial competition with other busi- :less concerns selling similar merchandise at wholesale and retail, in Interstate rommerce, in stores; by catalogues circulate,d throughout the United States; and by Yarious other forms of advertising. PAn. 3. The respondent, in soliciting the sale of and selling his lnerchundise in interstate commerce, has represented and does nO\r 78u3;;•"-3!J-vol. 2:1--47 Findings 23F.T.C.

1·epresent in and by pamphlets, catalogues, and other advertisements, circulated generally throughout the United States, and by labels attached to respondent's merchandise :

That respondent is a manufacturer of hair and specialty goods; That respondent is an importer of hair goods; That continued use of respondent's "Requas Ear Oil" will bring relief for deafness;

That respondent's "Magic Shaving Powder" does not affect the growth of hair and does not injure the skin; That respondent's "LA-EM-STRAIT" and "Madam ·walker's Hair Grower" prevent dandruff, falling hair and promote hair growth; That respondent's "High Brown Hair Grower" is a combination hair grower and straightener;

That respondent's "Black and White Hair Grower'' makes harsh, stubborn, nappy hair soft and silky.

That respondent's "High Brown Temple Oil" promotes the growth of hair on the temple;

That respondent's "Herolin" makes kinky, nappy or coarse hair soft, glossy, lustrous, long and straight; That respondent's "Kongolene" positively straightens the hair; That respondent's "Madam 'Valker'r. Temple Grower" will cause the hair to grow on bald spots;

That respondent's "Apex Pomade" has never faile(1 to grow hair and is positively guaranteed to restore ha:r; That respondent's "Moorish Straight Black~' will instantly restore white and gray hair to a lustrous jet black and ~traighten j\; at the same time;

That respondent's "Ro-Zol FACE BLEACH" is an effective remedy for ~;kin diseases ;

That respondent's "High Brown Beauty Ointment", "Golden llrown Beauty Ointment" and "Dr. Ford Palmer's Skin Whitener Ointment" rid the face of blemishes, tetter rash, pimples, liver spots, freckles and blackheads;

That respondent's "Black and 'Vhite Ointment" is a sure way to get rid of ecz~ma;

That respondent's ''Uep.uine Black and 'Vhite Bleachi11g Cream'' and "Golden Drown Beauty Ointme11t" whiten and lighten dark, blotchy skin almost overnight and permit any desired shade to be retained, without injury to the skin, ar:.:.l that other cosmetics and toilet preparations of respondent arc efficacious in the restoration and treatment of the hair and skin, and arc non-iujuricus to tho scalp and skin.

HUMANIA HAIR & SPECIALTY MFG. CO. 709 iol Findings PAR, 4 Respondent's statements, representations and advertisements by circulars, pamphlets, catalogues, and by labels attached to respondent's merchandise as set forth in paragraph 3 hereof are, and each of them is, not true and are, and each of them is, extravagant, false, misleading, and deceptive, in the :following particulars: The use of respondent's cosmetics and toilet preparations do not have the effects claimed as to either hair or skin. Uespondent is not a manufacturer of hair and specialty goods; and has, and has had, no :factory which it owns, leases or controls,. but, on the contrary, respondent purchases its merchandise, herein-. above specified, :from various manufacturing companies and jobbers~ Respondent is not an importer of hair goods, but does in fact selll. some imported hair goods which it buys in this country; . Continued use of respondent's "Requas Ear Oil" will not bring rehef for deafness ;

Respondent's "Magic Shaving Powder" does injure the skin; Respondent's "LA-EM-STRAIT" and "Madam 1Valker's Hair Urower'' do not prevent dandruff, falling hair or promote hair growth;

Respondent's "High Brown Hair Grower" is not a combination hair grower and straightener;

Respondent's "Dlack and White Hair Grower" does not make harsh, stubborn, nappy hair soft and silky;

Respondent's "High Brown Temple Oil" does not promote the g!'owth of hair on the temple;

Hes}Jondent's "Ilerolin" does not make kinky, nappy or coarse hair Soft, glossy, lustrous, long and straight; Respondent's "Kongolene" does not pcsitively straighten the hair; Respondent's "Madam '\'Valker's Temple Grower" will not cause the hair to grow on bald spots;

Respondent's "Apex Pomade" has failed to grow hair and to restore hair· Respondent's' "Moorish Straight Black" will not instantly restore \Vhite and gray hair to a lustrous jet black or straighten it at the same time· Respondent's' "Ro-Zol FACE BLEACH" is not an effective remedy for skin diseases · Re~;pondent's' "High Brown Beauty Ointment," "Golden Brown Deauty Ointment" and "Dr. Ford Palmer's Skin 1Vhitener Ointlrlent" do not rid the face of blemishes, tetter rash, pimples, liver spots, freckles or blackheads;

Respondent's "Black and White Ointment" is not a sure way to get rid of eczema ;

7H'l FEDERAL TRADE COMMISSION DECISIONS Findings 2:3 F. T. C. 'Respondent's "Genuine Black and ·white Bleaching Cream~' and "'Golden Brown Beauty Ointment" do not whiten and lighten dark, blotchy skin almost overnight or permit any desired shade to be retained, without injury to the skin; and Other cosmetics and toilet preparations of respondent are not ·efficacious in the restoration and treatment of the hair and skin and .are injurious to the scalp and skin .

.PAR. 5. A substantial portion of the purchasing public prefer to ·ma1m purchases direct from the manufacturer of the products being purchased, believing that they thereby eliminate from the retail cost of the articles purchased the so-called middleman's profit and that they secure superior quality in dealing direct with the manufacturer rather than a selling agency or middleman. A substantial portion of the purchasing public has expressed, and nctually has, a preference for purchasing articles, such as wigs made from hair, that have been imported from France, believing that wigs and other articles made from hair that are imported from France are of superior quality to those made or manufactured in the United States.

PAR. 6. There are among the competitors of the respondent many who actually manufacture the various hair goods, cosmetics and toilet preparations sold by them and who truthfully represent them· selves to be the manufacturer of said products. Likewise, many of the respondent's competitors do not manufacture the various hair goods, cosmetics, and toilet preparations distributed and sold by them and do not, in any way, represent themselves to be the manufacturers thereof.

Many of the respondent's competitors actually import from France certain articles such as wigs made from hair and truthfully represent that said wigs are imported from France. Likewise, many of the respondent's competitors do not import such articles but either manufacture them in the United States or purchase them from those who do manufacture said articles in the United States and do not, in any manner, represent that said articles are imported from France or any other foreign country.

Many of respondent's competitors who sell hair goods, cosmetics, and toilet preparations do not, through advertisements or labels or any way whatever, misrepresent the benefits that may be reasonably expected to accrue to the user of the products sold by them and said competitors truthfully advertise and label said products and truth· fully represent the benefits that may be reasonably expected to be obtained after a use thereof.

HU.l\fANIA HAIR & SPECIALTY l\IFG. CO. 711 701 Conclusion PAn. 7. The use by the respondent of the word "Manufacturing'" in his trade name and the use of the various representations set out in paragraph 3 in describing the products sold by him or in designating the efficacy of said products for their intended use, through advertisements, circulars, pamphlets, catalogues, and other advertising literature, in offering for sale and selling the products so ad,Tertiscd, Was, and is, calculated to, and had, and now has, the tendency and (:Upacity to, and did, and now does, mislead and deceive a substantial portion of the purchasing public into the erroneous belief: ( 1) That the respondent owns, operates, and controls a manufacturing plant for the manufacture of the various hair goods, cosmetics, and toilet Preparations sold by him; (2) that when they purchase products sold by the respondent, they are dealing directly with the factory and are securing for themselves the advantages of closer prices and superior quality as well as eliminating the middleman; ( 3) that respondent actually imports certain of the hair goods sold by him from France; ·and ( 4) that the various products sold by him will actually accomplish the results represented or claimed by the respondent,· as set out in paragraph 3 hereof, upon the use of said products by the purchasers thereof. As a direct consequence of these mistaken a_nd errmwous beliefs, induced by the acts, practices, and representations of the respondent, as hereinabove outlined, a substantial number of the purchasing public has purchased a substantial volume of the products sold by the respondent with the result that trade has been unfairly diverted to the respondent from individuals, firms,. and corporations likewise engaged in the business of distributing and se~ling similar products; or in the business of manufacturing, dis- ~ributing, and selling similar products; or in the business of import- Ing, distributing, and selling similar products, all of which said competitors truthfully advertise and represent the quality, charac- ~er, anfl nature of their products. As a result thereof, substantial Injury has been, and is now being, done by respondent to substantial <'ompetition in commerce among and between the various States of the United States and in the District of Columbia. CONCLUSION The aforesaid acts and practices of the respondent, Gustave Goldstein, trading as Humania Hair & Specialty Mfg. Co., are to the Prejudice of the public and of respondent's competitors, and constitute unfair methods of competition in commerce, within the intent ~lld meaning of Section 5 of an Act of Congress, approved Septemer 26, 19H, entitled "An .Act to create a Federal Trade Commission~ to define its pmvers and duties, and for other purposes." Order 23 F. T.C.

ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Com· mission, upon the complaint of the Commission, the answer of the respondent thereto, wherein and whereby he states that he desires to waive hearing on the charges set forth in the complaint; and not to contest the proceeding; that he admits all of the material allega· tions of the complaint to be true, and that without further evidence, or other intervening procedure the Commission may make, issue and serve upon respondent, findings of fact, and an order to cease and desist from the violations of law charged in the complaint, and the Commission having made its findings as to the facts, and its conclu· f:ion that said respondent has violated the provisions of an Act of Congress, approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes."

It is ordered, That the respondent, Gustave Goldstein, trading as Rumania Hair & Specialty Mfg. Co., his representatives, agents, and employees in connection with the advertising, offering for sale· and t::ale in interstate commerce, or in the District of Columbia, of hair goods, cosmetics, or toilet preparations by pamphlets, catalogues, and other advertisements, or by labels attached to respondent's said mer· chandise, do forthwith cease and desist from representing: (1) That respondent is a manufacturer of hair and specialty goods; (2) That respondent is an importer of hair goods; (3) That continued use of respondent's "Hequas Ear Oi.l" will bring relief for deafness;

(4) That respondent's "Magic Shaving Powder" does not effect the growth of hair and does not injure the skin; (5) That respondent's "LA-E:~l-STRAIT" and "Madam Walker':; Hair Grower" prevent dandruff, falling hair and promote hair growth;

(6) That respondent's "High Brown Hair Grower" is a combina· tion hair grower and straightener;

(7) That respondent's "Black and White Hair Grower" makes harsh, stubborn, nappy hair soft and silky; (8) That respondent's "High Brown Temple Oil" promotes the growth of hair on the temple;

(9) That respondent's "Herolin" makes kinky, nappy or coarsellair soft, glossy, lustrous, long and straight; (10) That respondent's "Kongolene" positively straighwns the l1air;

RUMANIA HAIR & SPECIALTY MFG. CO. 713 ~01 Order (11) That respondent's "Madam Walker's Temple Grower" will -cause the hair to grow on bald spots;

(12) That respondent's "Apex Pomade" has never failed to grow hair and is positively guaranteed to restore hair; (13) That responder.t's "Moorish Straight Black" will instantly restore white and gray hair to a lustrous jet black and straighten it -at the same time;

(14) That respondent's "Ro-Zol Face Bleach" is an effective rem- -edy for skin diseases;

(15) That respondent's "High Drown Beauty Ointment", "Golden Brown Beauty Ointment" and "Dr. Ford Palmer's Skin 'Vhitener ·Ointment" rid the face of blemishes, tetter rash, pimples, liver spots, · freckles and blackheads;

(16) That respondent's "Black and WJ1ite Ointment" is a sure way to get rid of eczema;

(17) That respondent's "Genuine Black and vVhite Bleaching Cream" and "Golden Brown Beauty Ointment" whiten and lighten ·dark, blotchy skin almost overnight and permit any desired shade to be retained, without injury to the skin;

(18) And from making any other similar representations of lika import or effect unless and until said representations are true in fact. It is further ordered, That the respondent shall, within GO days -after service upon it of this order, file with the Commission a report in writing setting forth, in detail, the manner and form in which it has complied with this order.

714 FEDERAL TRADE COl\11\IISSION DECISIONS Syllabus 23F.T.O.