Robert C. Hoffman

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF ROBERT C. HOFFMAN, TRADING AS YORK BAR BELL COMPANY, STRENGTH AND HEALTH PUBLISHING COl\IPANY, AND YORK ATHLETIC SUPPLY COMPANY COMPLAINT, FINDINGS, Al\D ORDER IN HEGAHD TO THE .ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF COXGRESS APPROVED SEPT. 26, Hl14 Docket 2512. Complaint, Mar. 17, 1936 '-Decision, July 10, 1937 "Where an individual eugoged, under 8e,·eral trade names, in manufacture, sale, and distribution of athletic goods, publication of a periodical devoted to development of health and strength, ami sale of a course of Physical training through the mail to customers throughout the United States, in substantial competition with other individuals, etc., engaged in sale and distribution in interstate commerce of athletic appliances and courses in physical training or culture, including among his said competitors those who sell such courses and apparatus and do not mis· represent their products and publish misleading and deceJltive advertisezneuts or In any manner unfairly disparage their competitot·s; in soliciting sale of and selling hil'! said commodities as above described- (n) Set forth In ndwrtlsrments two "Dt>fore and After" pictures of himself, together with statement that he had increased his weight from 210 to 2GO pounds IJy use of York bur-bell t-exercises, autl created thereby Im- Pression that decided development of his physique was due entirely to nse of a system of training and use of bar-bells, facts IJeing the ''before" llh:tnre was taken just after a serious illness caused by an autoruol.Jile flc<:itleut and which lind reduced his weight by about 40 pounds, and suitstnutial pa1't of gain In weight and development was due to bls recover,:f tht•rpfrom, and "after" victure had been so retouched as to cause mnsdcs to appear In st1·ouger relief and give impression of greater strength than Was apparent in the other;

(b) Set forth in his "Strength and Health" periodical, picture of man of unusual muscular de,·elopmeut, together with words "What would you give to have a body like this? • "' • Tbe wonderful streugth athletes turned out by the famous York System of Physical Training are the amazement of the botly building world today. They came as ordinar;1 fellows !Jut finished stars," with result that impression was created that lllieuonwunl dewlopmeut disdo~ed was result of his said training course, llotwithstrnuling fact pidure wns that of a fort'lgn athlete who bad never IH·aetit-(•d said lndiyidual's systrm and flourished many years before indivil!nnl in question eut(•red upon lmsine:;s of physical training; (c) Set forth, In catalogs widrly C'ircnlatP!l among customers and prospectiye CJH<tomers, and 11mo11g dt•pictious of athll'tes using aforesaid York barhl'!JH, "Before anu After" pictures of one Joe Miller, depicting said in- \liritlna! 11s a !Joy !liHI young mnn, and accompanied with words "Tile ~ this pupil Is an everyday occurrence 11among York bar-bell stn- ' AniPJlcJed.

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dents. It ('!Ill be yonrs Jf yon han' the <leterminutlon to get ~>tnrted," with result that reader and prol'pective customer was led to believe that said person's decided and unusual development was due cxclnsiYely to said individual's course of training, undisclosed facts being that fh·st picture of said person was taken of him as an undeveloped boy of fourteen years, second was made after his reaching physical maturity, and be had trained for a number of years with other teachers, had taken other physical training courses, and was an athlete of some reputation when he commenced using course and apparatus of aforesaid individual; (d) Included In depiction of himself with his "War Medals," picture of the American Distinguished Service Cross, facts being that, while recommended therefore and recipient in fact of numerous decorations for brav£>ry, and notwithstanding valiant service as a soldier in the United States ArwY during the World War, said particular decoration was not awarded, due to War Department's ruling that particular feat of gallantry concerned was not of such a nature lis to entitle him thereto; (e) Published, in his !'aid "Strength and Health," together with pictures of athletes, statements by one Roger Eells and others testifying to beneficial results achieved through training with his equipment, with result thllt reader was led to believe that depictions were those of persons about whom story was written, undisclosed facts being they were those of professional athletes in his employ with no connection with story about indiYidunls 1111med as aforesaid;

(f) Set forth, in 11 catalog, 11 depiction of building owned by him with sign bearing trade name used in his said business across entire length thereof, facts being no such sign wal on building when picture was taken and inscription In question was superimposed thereon when catalog was pre· pared for publication, with result that impression was created that ensure building wal occupied by said company or business, name of which tbus appeared on sign, facts being building in question housed not only offices of said business, but also that of said individual's aforesaid periodical, and that of an oil burner enterprise owned by him, and small sign near entrance, containing names of all three companies, failed to appear in picture; and (g) Published false, defamatory, and unfairly disparaging articles in his said "Strength and He11lth," in a manner and form designed and well· calculated to injure and bring Into disrepute generally competitors selling courses in physical training and purporting to be descriptive of method of training taught by those who, in developing physical strength of their pupils, depend entirely upon exercises Involving resistance of one part of the body against another, both through articles written by himself under a pen name and articles by some of his employees, for the purpose of disparaging and maligning such competitors, including one who had been competitively awarded title of, and come to be widely known as "'fhe World's Most Perfectly Developed Man," and who had developed and sold system of training employing no apparatus and called by him ''DY· namic Tension," but in said articles referred to as "dynamic hooey," and otherwise discredited as something evolved and sold as a matter of e:s:· pedicnce and result of chance, etc., and through making false and mls· leading claim that no physical strength and development could be obtained without use of barbells, dumbells or other 11pparatus, Implied and repre· YORK BAR BELL CO., ETO. 493 -491 Complaint sented that systems of training taught by those competitors who do not advocate use thereof or other apparatus is of little or no value whatever; to the substantial injury of said competitor through diversion of trade from him to said individual, and in the cancellation by many pupils of their courses and demands that monies paid by them for tuition be refunded. · With effect of misleading and deceiving a substantial portion of purchasing Public and consuming public into the erroneous belief that all said various results, as above set forth and indicated through use of ''Before and After" pictures, etc., and through publication of false, defamatory, and unfairly disparaging articles about competitors, were true, and into purchase of his said products, training system and publication on account of such belief, and of unfairly diverting trade to him from competitors engaged in sale in interstate commerce of physical training courses and Physical culture apparatus, and who truthfully represent their courses and merchandise; to the substantial injury of the purchasing public and competition in commerce :

lield, That such acts and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. Defore M1·. Roberts. !!all, trial examiner. Mr. lVilliwn L. Pencke for the Commission. Nr. /Jerbert S. Ward, of ·washington, D. C., for respondent. AliiENDED COMPLAINT Pursuant to the provisions of an Act of Congress, approved S~ptember 26, 1914, entitled "An Act to create a Federal Trade Com. l"lllssion, to define its powers and duti~:>s, and for other purposes," the Federal Trade Commission having reason to believe that Robert C. Hoffman, trading as York Dar Dell Company, Strength and ~health Publishing Co., and as York Athletic Supply Company, has ,,een and is using unfair methods of competition in commerce, as c?nunerce" is defined in said act, and it appearing to said Coml"lllss~on that a proceeding by it in respect thereof would be in the P:hhc interest hereby issues its amended complaint stating its c argues in that respect as follows:

tr p ~ltAORAPH 1. Respondent, Robert C. Hoffman, is an individual ading under the respective names and styles of York Bar Dell Com- ~any, Strength and Health Publishing Co., and as York Athletic Upply Company, with his principal office and place of business1 ocated at York, in the State of Pennsylvania. He is now and for ~~re ~han one year last past has been engaged in the manufacture of a lehc goods and in the sale and distribution of same between and ~rnong v-ariou~ States of the United States and in the District of rnolulhbia; in the publication of a periodical devoted to developent of health and strength entitled, "Strength and Health," which 494 FEDERAL TRADE COMl\IISSION DECISIONS Complaint 2!:iF.T.C. is circulatrd widely in inh'rstate commerce; and in the sale of a ser:es of lessons in physical culture, all of which are advertised in said periodical and. elsewhere, and which lessons are distributed through the mails in interstate commerce. He causes said products, when sold, t~ be shipped from his place of business in the State of Pennsylvania to purchasers thereof located in a St:Lte or States of the United States other than the State of Pennsylvania, and in the District of Columbia. In the course and conduct of his business, the said. respondent was, and. is, at all times herein referred to, in competition with other individuals, firms, partnerships, and corporations likewise engaged in the sale and distribution, in interstate com· merce, of similar commodities.

PAR. 2. In the course and conduct of his business as described in paragraph 1 hereof, respondent, in soliciting the sale of and sell· ing his said commodities in interstate commerce, used the following methods and practices:

(a) Caused two portraits of himself to appear in advertisements and advertising matter, one of which was a photograph taken just after a serious illness which had reduced his weight by about forty pounds, and the other of a photograph taken some twenty weel{S Jater, together with a statement that he had increased his weight from 210 to 250 pounds by the use of York bar-bell exercises; when in truth and in fact, a substantial part of the gain in weight was due to his recovery from illness;

(b) Caused the picture of the back of a man of unusual muscular development to appear in the periodical, "Strength and Health," accompanied by the words:

What would you give to have a boay like this? • • • The wonderful streugth athletes turned out by the famous York System of Physical Training are tbc amnz('ment of the body bnildiug world today. They came as ordinary fellows but finished stars.

when in truth and in fact, the man whose back appears in the picture referred. to is a European athlete whose picture has appeared in other publications, and whose muscular system was not developed by the York bar-bell system;

(a) In a catalogue widely circulated among customers and prospec~ tive customers, caused two portraits of one Joe Miller to appear among other portraits of athletes who use York bar-bells, one of such pic~ tun•s representing Miller as a boy and the other as a young man, and nccompanied by the words:

'lhe story of this pupil is an ev('ryday occurr('nce among York bur-bell student~· It C':lll be yours If yon have the det('rmination to gll started. YORK BAR DELL CO., ETC. 495 491 Complaint when in truth and in fact, said Miller did not reach his development as a student of the York bar-bell system, but before taking it up had already made a championship record;

(d) In the same publication caused pictures of "Dob Hoffman's War l\Iedals" to appear, conspicuous among which was a pictorial representation of the American Distinguished Service Cross; when in truth and in fact, the decoration referred to was never awarded to said lioffman;

(e) In another advertisement, reference is made to the muscular development made by one Roger Eells, of Lisbon, Ohio, who, it was stated, "built himself from a siek man weighing 121 pounds to 162 P(~llnds of powerful, shapely, muscular manhood. .After he had failed With other systems he succeeded with York methods"; when in truth and in fact, neither of the two pictorial representations which accompanied such reading matter was a portrait of said Eells, although the lnnguage llsed ancl the combination of the portraits with the reading lnatter had the capacity and tendency to confuse, mislead, and df'ceive readers into the belief that said portraits were of said Eells; (/) In the catalogue referred to, caused a pictorial representation of the building where his business is carried on to appear, having the Words "York Dar Bell Co." in large and conspicuous letters across the to!) tlu:•reo£; when in truth and in fact, said Hoffman does not occupy said building exclusively, but shares the same with another company, and the words "York Bar Bell Co." do not appear on the front as represented.

PAn. 3. In the course and conduct of his business as described in Pai·agraph 1 hereof, the respondent, in a manner and form designed and Well calculated to injure and to bring into disrepute generally Cotnpetitors selling courses in physical training in commerce, among and between the various States of the United States, has been widely Publishing, through the medium of the magazine "Strength and ;realth," which is nnblished by the respondent and which is circnated by him throu~hont the various States of the United States and the District of Columbia, false, defamatory, and misleading state- ~lents purpot:ting to be descriptive of the method o~ trainii.lg. taught Y those of Jus competitors \Yho sell courses for physical trammg and \Vh? in developing the physical strength of their pupils depend ~ntn·ely upon exercises inyolving the resistance of one part of the ti~dy .agah~st nnothe~· part. The respondent publisl:es from. time to h' ne In said magazme "Strength and Health" articles written by f llnself and by some of his employees which said articles are written or the purpose of disparaging and maligning said competitors. Dy Ui812tm-!l!l-:J4 Findings 25F.T.C.

making the false and misleading claim that no physical strength and development can be attained without the use o£ bar bells, dumbells or other apparatus, respondent thereby implies and represents that the systems of training taught by those competitors who do not advocate the use of such dumbells, bar bells, and other apparatus is of little or no value whatever; when in truth and in fact those systems of training which depend entirely upon certain resistance exercises and tensions of muscles without the use of any apparatus do develop physical strength as effectively as the system taught by respondent which requires the use of appliances manufactured and sold by him. PAn. 4. The aforesaid false and misleading representations and the said defamatory and disparaging statements made in said period· ical "Strength and Health" and elsewhere, as above alleged have the tendency and capacity to mislead and deceive the public into the false and erroneous belief that said statements and implications are true and that the various athletes whose portraits appear therein have been developed to their present extraordinary physical condi· tion by the sole and exclusive use of the York Bar Bell Company's products and methods. As a direct consequence of the false, mislead· ing and disparaging statements, made by 'the respondent as herein· .nhove set forth, a substantial number of the public has purchased ll substantial number of training courses from the respondent, and athletic equipment. Further, said false and misleading statements and disparaging implications have the tendency and capacity ~ divert trade unfairly from competitors of respondent in like busi· nesses to the respondent, and otherwise to injure said competitors who do not engage in unfair methods of competition. PAR. 5. The above acts and things done by respondent are all to the injury and prejudice o£ the public and accomplish substantial injury to substantial competitors of respondent in commerce, within the intent and meaning of Section 5 of an Act of Congress, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914· REPORT, FINDINGS AS TO Tile FACTS, AND ORDER Pursuant to the provisions of an Act of Congress approved Septem· her 26, 1914, entitled "An Act to create a Federal Trade Com:rnis· sion, to define its powers and duties, and for other purposes," the Federal Trade Commission, on August 31, 1935 issued and served its complaint, and on March 17, 1936 issued and served its amended com· plaint in this proceeding upon respondent, Robert C. Hoffman, trad· ing as York Bar Bell Company, Strength and Health Publishing Co., and as York Athletic Supply Company, charging him with the YORK BAR BELL CO., ETC. 497 -491 Findings Use of unfair methods of competition in commerce in violation of the Provisions of said act. After the issuance of said complaint and alllended complaint and the filing of respondent's answer to the complaint and answer to the amended complaint, testimony and other evidence in support of the allegations of said complaint and ;mended complaint were introduced by William L. Pencke, attorney or the Commission, before Robert S. Hall, an examiner of the ~ommission, theretofore duly designated by it, and in opposition to t e allegations of the complaint and the amended complaint by lierbert S. \Vard, attorney for the respondent, and said testimony ~nd other evidence were duly recorded and filed in the office of the h om_mission. Thereafter the proceeding regularly came on :for final earmg before the Commission on the said complaint and amended co~plaint and the respective answers thereto, testimony and other evld~nce, briefs in support of the complaint and amended complaint, a~d In opposition thereto, and the oral arguments of counsel afore- ~Uid ;· and the Commission having duly considered the same, being j ~w fully advised in the premises, finds that this proceeding is in the j~ erest of the public and makes this its findings as to the facts and 8 conclusion drawn therefrom:

FINDINOS AS TO THE FACTS trap ~RAGRAPII 1. Respondent, Robert C. Hoffman, i8 an individual C ding under the respective names and styles of York Bar Bell ~~Pany, Strength and Health Publishing Co., and as York Ath- 1 1e lc Supply Company, with his principal office and place of business ~cated at York in the State of Pennsylvania. He is now and :for at~~e ~han one year last past has been engaged in the manufacture of \' .ettc goods and in the sale and distribution of the same in the h:rious States of the United States and in the District of Columbia; h ~he publication of a periodical devoted to the development of c~~ th and strength entitled, "Strength and Health," which is circa ated widely throughout the United States; and in the sale of a th~rse ~f physical training, likewise sold and distributed through ca lllalls to customers throughout the United States. Respondent Pluses his said athletic goods when sold to be shipped from his st~e of business in Pennsylvania to purchasers thereof located in Co~ es ~ther than the State of Pennsylvania and in the District of ind·U~hla. The respondent is in substantial competition with other in :~!duals, firms, copartnerships, and corporations likewise engaged Pli e sale and distribution in interstate commerce of athletic ap· ances and courses in physical training or culture. 498 FEDERAL TRADE COl\IMISSION DECISIONS Finding-s 25F.T.C.

PAR. 2. In the comse and conduct of his business as described in paragraph 1 hereof, respondent, in soliciting the sale of and selling his said commodities as aforesaid, used the following methods and practices:

(a) Caused two portraits of himself to appear in advertisements, one of which was a photograph taken just after a serious illness which had reduced his weight by about forty pounds, and the other of a photograph taken some twenty weeks later, together with a state· ment that he had increased his weight from 210 to 250 pounds by the use of York bar-bell exercises;

(b) Caused the pictme of the back of a man of unusual muscular development to appear in the periodical, "Strength and Health," ac· companied by the words:

What would you give to ba,·e a body like this? * * * The wonderful strength athletes turnetl out by the famous York System of Physical Training are the amazement of the body building world today. They came as ordinary fellows but finished stars.

( o) In a catalogue widely circulated among customers and pro· spective customers, caused two portraits of one Joe Miller to appeal· among other portraits of athletes who use York bar-bells, one of such pictures representing Miller as a boy and the other as a young man, and accompanied by the words:

The story of this pupil Is an everyday occurrence among York bar-bell students. It can be yours if you have the determination to get started. (d) In the same publication caused pictmes of "Rob Hoffman's '\Var 1\Iedals" to appear, conspicuous among which is a pictorial representation of the American Distinguished Service Cross; (e) In another advertisement, reference is made to the muscular development made by one Roger Eells of Lisbon, Ohio, who, it was stated, "built himself from a sick man weighing 121 pounds to 162 pounds of powerful, shapely, muscular manhood. After he had failed with other systems he succeeded with York methods"; (f) In the catalogue referred to, caused a pictorial representation of the building where his business is carried on to appear, having the words "York Dar Dell Co." in large and conspicuous ]letters across the top thereof.

PAR. 3. In the course and cOIHluct of his business, the respondent, in a manner and form designed and well calculated to injure and to bring into disrepnte generally competitors selling courses in physical training in commerce, among and between the various States of the United States, has been widely publishing, through the medium of said magazine, "Strength and Health," false, defam- YORK DAR BELL CO., ETC. 499 4Ul Findings .atory, and misleading statements purporting to be descriptive of the method of training taught by those of his competitors who sell ·courses for physical training and who in developing the physical .<Jtrength of their pupils depend entirely upon exercises involving the resistence of one part of the body against another part. Th,e respondent publishes from time to time in said magazine, "Strength and Health," articles written by himself and by some of his em~ ployees which said articles are written for the purpose of disparag~ ing and maligning said competitors. By making the false and mis~ leading claim that no physical strength and development can be attained without the use of bar bells, uumbbells or other apparatus, respondent thereby implies and represents that the systems of train~ ing taught by those competitors who do not advocate the use of such ·dumbbells, bar bells and other apparatus is of little or no value whatever.

PAR. 4. In the use of the "Before and After" pictures of himself the respondent creates the impression that the decided development -of his physique is due entirely to the use of his system of training :and the use of bar bells, when in fact a substantial part of the gain in weight and developmeut was due to his recovery from an illnes,; -caused by an automobile accident. Moreover, the "After" picture .alone was retouched in such a manner that the muscles appeared in ~tl·onger relief and gave the impression of greater strength than is .apparent in the "Defore" picture.

In using the picture of the back of a man of unusual developmrnt, and the descriptive text accompanying the picture, the impression is created that the phenomenal development of the back muscles is the result of responuent's training course. It was shown, however that the picture is one of a foreign athlete who never practiced respondent's system and who in fact flourished many years before the respondent entered upon the business of physical training. Again, in using the "Before and After'' pictures of one Joe Mil~ ler, the reader and prospective customer of respondent is led to believe that the decided and unusual development of Miller was due exclusively to respondent's course of training. No mention is made in the descriptive text of the facts that when the first picture of J oo Miller was taken he was an undewloped boy of 14 years of age, and that the second picture was made when he had reached Phy!"ical maturity; no.r that Joe l\liller had trained for a number of years with other teachers and had taken other physical training (;Ourses and wns an athlete of some reputation at the time he com~ lll(>need using respondent's comse and apparatus. 500 FEDERAL TRADE CO}.E\USSION DECISIONS Findings 25 F. T. C. Conspicuous in the advertisement picturing the respondent with his "War Medals" there appears the picture of the American Distinguished Service Cross. Although the respondent rendered valiant service as a soldier in the United States army during the World 'Var and did in fact receive numerous decorations for bravery, and although he was recommended for the Distinguished Service Crosst it was not awarded to him because the 'Var D.department ruled that the particular feat of gallantry performed by respondent was not of such a nature as to entitle him to the award of the Distinguished Service Cross; therefore the representation in the advertisement that he had in fact received said decoration was not in accordance with the facts.

The respondent published several advertisements in his said mag- ~zine, "Strength and Health," containing statements by one Roger Eells and other individuals testifying to the beneficial results achieved through training with respondent's equipment. These advertisements are accompanied by pictures of athletes, and the readee is led to believe that such pictures are of the persons about whom the story is written. In fact, the pictures are those of professional athletes who are in respondent's employ, yet the text fails to indicate that these pictures have no connection with the story about the individuals named in the advertisement. One of the advertisements in respondent's catalog contains a pictnrP of the building owned by respondent. Across the entire length of said building appears the sign "York Bar Bell Company.'' There was in fact no such sign on the building at the time the picture was taken. Said inscription was superimposed on the picture at the time the catalog was prepared for publication, and the impression is created that the entire building is occupied by the York Bar Bell Company alone, whereas the building housed not only the offices of the York Bar Bell Company and Strength and Health Publishing Company, but also of the York Oil Burner Company, another enter· prise owned by respondent. A small sign near the entrance con· tains the names of all three companies; but it does not appear in the picture.

Under the pen name of Alan Carse, the respondent published an article in his magazine, "Strength and Health," entitled "The Old Athlete Tells n SN•ret.. " Thr writrr relates the storv of a meeting of a group of athletes in Atlantic City at which most. of the greatest figures teaching physical training by mail were present. Among the speakers was one who is known for having won the title, "The World's Most Perfectly Developed Man" and who admitted that his system of training without any apparatus was largely the result YORK BAR BELL CO., ETC. 501 491 Findings of chance; that he was advertising a course of training and was beginning to receive orders and money, while he was still casting about for novel and different apparatus to be used in said course; that senders of the orders complained to the Post Office or the Federal Trade Commission; that the strong man had to do something and sent the course without apparatus; that to his surprise he eliminated most of the complaints; that while his system helped most of his pupils on the principle that any exercise is better than none, no great strength, such as his own, could be developed without the use of weights. That ever since then, he has sold his course without apparatus; that, after all it is business, that he still gets five dollars for a :few sheets of paper as a last offer after everything else has failed and "Every dollar counts."

In other articles written by respondent and by some of his employees, false, disparaging and defamatory statements are ·made, in that they refer to a competitor's system as "dynamic hooey," imply that no strength can be developed without the use of apparatus, that the use of dumbbells or bar bells is absolutely essential to the development of strength and that no athlete can attain great strength without the use of apparatus.

Among respondent's competitors is one Charles Atlas who has his principal place of business in New York City. Said Atlas likewise sells a course in physical training by mail in interstate comlnerce. He has developed a system of training in which he employs no apparatus whatever and which he has called "Dynamic Tension." Said system is based entirely upon the resistence of one part of the body against another part. The records show that he has employecl and developed his said system since he was seventeen years of age and has attained his own great strength by the use of his own methods without relying upon apparatus. Some years ago there was awarded to him in a competitive meeting of athletes in New York City the title of "The World's :Most Perfectly Developed Man," and he is widely known throughout the athletic world by that title. By reason of the said false, defamatory, and disparaging magazine articles, said competitor has suffered substantial injury in that trade has been· diverted from him to the respondent and in that many Pupils canceled their courses and demanded moneys refunded which they had paid for tuition.

PAn. 5. There are among the competitors of respondent, as set forth herein, other individuals, firms, corporations, or partnerships who sell physical training courses and physical culture apparatus in interstate commerce who do not misrepresent their products and 502 FEDERAL TRADE C01IMISSION DECISIONS Conclusion 25F.T.O.

who do not publish misleading and deceptive advertisements a rhl who do not in any manner unfairly disparage their competitors. PAR. 6. The acts and practices of respondent in using deceptive and misleading "Defore and After" pictures; in using pictures of certain individuals calculated to deceive prospective purchasers of training courses into the belief that such individual:; have attn ined their physical development through the use of respondent's courses when such is not the fact; in representing that respondent has been awarded the Distinguished Service Cross in connection with tHlvertising his own prowess and accomplishments; in using pictures of professional athletes in connection with stories of pupils contained in advertisements of the respondent without indicating in any manner that said pictures are not the pictures of the individuals concerning whom the stories are written; in employing the picture of the building in which respondent does business aml having across the top "York Dar Dell Company," when in fact such building is not exclusively for the athletic business; and in publishing false, defamatory, and unfairly disparaging articles about competitors, are all calcuhted to mislead and deceive and have and have had the capacity and tendency and effect of misleading and deceiving and have misled and deceived a substantial portion of the purchasing and consuming public into the erroneous belie£ that all of said representations are true and into the purchase of respond· ent's products, trading system and publication on account of such belief.

As, a result thereof trade is unfairly diverted to the respondent from competitors engaged in the sale in interstate commerce of phys· ical training~ courses aud physical culture apparatus, who truthfully represent their courses and their merchandise. Further, as a result thereof substantial injury has been and is bein~ done by respondent to the purchasin~ public and to competition in conm1erce among und between the various States of the United States aml the District of Columbia.

CONCLUSION The aforesaid acts and practices of the respondent, Robert C. Hoffman, an individual doing business under the firm names and styles of York Bar Dell Company, Strength and Health Publishing~ Co., and as York Athletic Supply Company, are to thr prejudice of the public and of respondent's competitors and constitute unfair methods of competition in 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 define its powers and duties, and for other purposes." YORK BAR BELL CO., ETC. 503 491 Order ORDEU TO CE.\SE AND DESIST This proceeding having been heard by the Federal T1·ade Commission upon the complaint and amended complaint of the Commission, the testimony and other evidence taken before Robert S. Hall, an examiner of the Commission, theretofore duly designated by it, in RUpport of the allegations of said complaint and amended complaint and in opposition thereto, briefs filed herein, and oral arguments by William L. Pencke, counsel for the Commission and by Herbert S. 'Vard, counsel for the respondent, and the Commission having made its findings as to the facts and. its conclusion that said respondent Robert C. Hoffman, trading as York Dar Dell Company, Strength and. health Publishing Company and York Athletic Supply Company, 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, Robert C. Hoffman, individ.ually and trading and doing business as York Dar Dell Company, Strength and Health Publishing Company and York Athletic Supply Company, his representatives, agents and employees, in connection with the offering for sale, sale and distribution in interstate commerce and in the District of Columbia, of courses in physical culture, of appliances for use in connection with physical culture and. of the magazine "Strength and Health" do cease and desist: From falsely representing in advertisements, catalogs, magazine articles, or any written or printed matter, through the use of pictures, Photographs, cuts, ''before and after" pictures or fabricated photographs or through any other means or device, or in any other manner; (a) That the physical improvement of any person or pupil was due to the use of respondent Robert C. Hoffman's course of training, when such improvement is due wholly or partly to other causes; . (b) That the individuals whose pictures are reprod.uced. are the Individuals describrd or referred to in the accompanying text when such is not a fact· ' (<') That respo11Llent Robert C. Hoffman's athletic enterprises occupy an entire building when such building is in fact partly occupied by an enterprise other than the athletic business; (d) That respondent Robert C. Hoffman has been awarded military decorations unless such decorations have actually been awarded to him· (e) That' the system or courses of training offered. and sold. by com- Petitors of respondent are ineffectual or that said competitors misrepresent the facts concerning their own personal achievements and 504 FEDERAL TRADE COl\DriSSION DECISIONS Order ~5F. T.C.

physical development, thereby unfairly disparaging and defaming said competitors.

It is further ordered, That the respondent shall, within 30 days after service upon him of this order file with the Commission a report in writing setting forth in detail the manner and form in which he J1as complied with this order.

THE COOLERATOR CO. 505 Syllabus