Gould Sales Corp., Barbara

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IN THE MA'ITER OF BOURJOIS, INC., AND BARBARA GOULD SALES CORPORATION COMPLAINT, FINDINGS, AND ORDER IN RE3ARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEP'.r. 26, 1914 Docket 2838. Complaint, June 9, 1936-Decisi-an, Dec . .q, 1937 Where a corporation engaged in manufacture of cosmetics and other toilet Preparations, and in sale and distribution thereof through its corporate subsidiary, and said subsidiary engaged in selling, distributing, and shipping to purchasers in every State, under corporate name including words "Barbara Gould," products of said manufacturer, Including so-C'nl!Nl "~kin Food," "Skin Cream," and "Face Powder," sold under designations including aforesaid words; and, as thus engaged, in substantial competition with others likewise engaged in sale of cosmetics and other toilet preparations in commerce among the various States and in the District of Columbia- (a) Sold their "Evening in Paris Talcum" In glass containers with label displaying words "Evening in Paris, BOURJOIS, New York-Paris," and enclosed in cardboard containers similarly displaying aforesaid words, together with depiction of certain scenes peculiar to Paris, and including the Eiffel Tower, notwithstanding fact talcum powder in question was compounde!l and processed from separately imported injZredients and assembled and packaged for sale and distribution at factory, in this country, of said , first-named corporation;

\b) Represented, in various periodicals, iueluding magazines of Nation-wide circulation, and in newspapers of wide interstate circulation, and in advertising matrices sent for reproduction to retallrrs throughout the United States, that preparation first sold by them under designation "Barbara Gould Irradiuted Skin Food" and thereafter, sub~tantially unchanged, as "Barbara Gould Irradiated Skin Cream," had been Irradiated with ultra- Yiolet rays, and that, applied to the Rkin, said "Food" released rays of light and sunlight of therapeutic and beneficial value, and that its said 8iinilarly uesignated "lrrauiated Face Powuer," and Its said "Irradiated Skin Food," were beautifying, stimulating, and beueftcial in treatment of skin, by rla~ou of such ultra-violet irradiation, and that its aforesaid skin crralll, by rea>;on of such treatment., aml as a consequence thereof, released, \Yhen applied to skin, atomic oxygen, which was absorbed thereby, and thn:s conft•rred upon users thereof thrrapentic and beneftciul results, facts ~l·ing Processes used in compounding said produ(·ts did not and do not 111''e result of causing them to absorb and retain, and, upon use, emit sufficient ultra-violet rays to be benefit'inl in trf>lltment of !Skin, and said :FEDERAL TRADE COMMISSION DECISIONS2 Syllabus 26F.T.C.

"Face Powder," "Skin Food," nnd "Skin Cream" gave out no radiation whatever, nor ultra-violet rays or sunlight or light or re-irradiation of any kind, and emitted no form of light rays; ( o) Represented, through inclusion of words "Skin Food" in aforesaid designation of their above refert·ed to product, that said "Irradiated Skin Food" possessed such properties as to constitute a food for the skin or tissues, and that said preparation awakened and restored the youth glands of the Rkin, facts being it did not pos><ess such properties or characteristics as to constitute such a food, did not serve to furnish nourishment to skin, body has no "youth glands," and no glands thereof were restored or revised by use of its products or preparations externally applied; and (d) Displayed and made use of name "Barbara Gould," as above indicated, in connection with its aforesaid products, and represented that their said products were developed or discovered after research or experimentation by said Barbara Gould, or that said Barbara Gould collaborated with a scientist or scientists In developing or originating such products, through such statements as "After extensive research and experiment in her laboratories, Barbara Gould, internationally known Beauty Counsellor, has developed this fine face powder. • • •," ''This new Barbara Gould Skin Food • "' "'," "Barbara Gould Says: 'My Irradiated Skin Food gently, safely, supvllef! tiny rays of light to your skin'," etc., and "'If ultra-violetrays should he introduced Into a beauty cream how marvelous that would be for a woman's skin!' thought Barbara Gould. So, in collaboration with a scientist in a great Eastern University she developed her new Irradiated Skin Food," etc., facts being name was fictitious and was an alias for an otherwise named person who, at one time, was in their employ as beauty counsellor, and person referred to did not discover or develop products In question, had no scientific degree or degrees, was not skilled In seientifle: preparation of cosmetics, and had no special knowledge regarding therapeutic effect of ultra-violet rays;

With capacity and tendency to mislead purchasing public into mistakenly believing that said "Food" gave nourishment to, and acted as a :lood for, the skin, and to confuse and mislead members of such public Into erroneous belief that there were glands in the body which would be restored and revived through use of such products, variously developed, as above noted, by supposed Barbara Gould as a person of special skill and knowledge regarding the therapeutic effect of ultra-violet rays on the skin, etc., and who, by reason thereof, had incorporated, with beneficial results noted, sunlight and ultra-violet rays into aforesaid product, and that users thereof, through such emission of ultra-violet rays and release of atomic oxygen, would benefit and receive results similar to those obtained from exposure to natural sunshine and from ultra-violet rays, and that talcum powder above referred to was made in France and Imported to the United States, and to induce members of purchasing public to buy and use aforesaid preparation because of erroneous beliefs thus brought about, and with effect, by reason of belief of substantial portion of purchasing publlc, and preference of. many thereof., and supposed properties or source or origin, as case might be, of aforesaid preparations, of giving added sales value thereto, and with capacity and tendency further unfairly to divert trade to them from their competitors above referred to, of whom !lotne do not in any manner mlsr'.!present the therapeutic value or effect of their said preparations, nor place of origin thereof: BOURJOIS, INC., ET AL. 3 1 Complaint Held, That such acts and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. Before Mr. John lV. Norwood, trial examiner. Mr. Astor Hogg for the Commission.

Olvany, Eisner re Donnelly, of New York City, for respondents. Complaint Pursuant to the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Comlnission, to define its powers and duties, and for other purposes," the Federal Trade Commission having reason to believe that Bourjois, Inc., a corporation, and Barbara Gould Sales Corp., a corporation, hereinafter referred to as respondents, have been and i10w are using ~fair methods of competition in commerce as "commerce" is defined ~n .said act, and it appearing to the Commission that a proceeding by lt In respect thereof would be to the public interest, hereby issues its complaint, stating its charges in that respect as follows: . PARAGRAPH 1. Respondent, Bourjois, Inc., is a corporation organ- Ized, existing and doing business under and by virtue of the laws of the State of New York, with its factory located at Rochester in said St~te and its office and principal place of business located at 35 West Thirty-fourth Street, New York, in said State. Respondent, Barbara ro~ld Sales Corp., is a corporation organized, existing, and doing ~Siness under and by virtue of the laws of the State of New York, ~lth it~ principal place of business located at 35 ·west Thirty-fourth treet, lll the city of New York in said State. The stock of respond- ~n.t, Barbara Gould Sales Corp. is wholly owned by respondent, Hour- )Ols, Inc., and it, Barbara Gould Sales Corp., is a selling agent of ~respondent, Bourjois, Inc., and is completely dominated and conbroiled by respondent, Bourjois, Inc. Respondent, Bourjois, Inc., has een for more than one year last past, and now is, engaged in the tnanufacture of cosmetics and other toilet preparations and in the Sale and distrib1,ition of same through its selling agent and subsidiary, ~~spondent Barbara Gould Sales Corp., and now causes, and for more adn one year last past has caused, its said products when sold by it a~ by respondent Barbara Gould Sales Corp. to be shipped from ~~ld place of business in the State of New York to the purehasers v e~eof, some located in the State of New York and others located in c:~IOus. other States of the Unit~d States and in the District of p Ulnbia, There is now, and has been for more than one year last vas~, a constant current of trade in commerce between and among the i:rio~s States of the United States and in the District of Columbia sald products sold by the respondents.

Complaint 26F. T. C.

Respondents are now, and for more than one year last pttst have been, in substantial competition with other corporations, partnerships, persons, and firms engaged in the sale of similar products in commerce between and among the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of their business, as described in paragraph 1 hereof, respondents adopted and now use, as and for their trade names for certain of their products the words "Barbara Gould Irradiated Skin Food," "Barbara Gould Irradiated Skin Cream," "Evening In Paris Talcum," "Talc Soir de Paris," and "Barbara Gould Irradiated Face Powder," and cause said trade names to appear prominently displayed in their advertisements and aavertising matter, letterheads, and stationery; on labels affixed to the containers in which said products are packed, sold, and distributed; and on the wrappers in which said containers are packed. The respondents also cause the words "London," "New York," "Paris," "Barcelona," "Buenos Aires," "1\fexico," and "Havana" to appear prominently displayed on such labels. PAR. 3. For a good many years a substantial portion of the purchasing public has been led to believe, and does believe, that exposure of the human body to the natural sunshine and to ultra-violet rays produces beneficial results to the skin.

Perfumes, cosmetics, and other toilet preparations manufactured or compounded in London, Paris, Barcelona, Buenos Aires, Mexico, and Havana and imported into the United States have for many years enjoyed widespread popularity and goodwill among the trade and the consuming public throughout the United States, many of whom consider and believe that perfumes, cosmetics and other toilet preparations manufactured or compounded in Paris, London, Barcelona, Buenos Aires, Mexico, or Havana and other foreign countries, are superior in quality and other desired characteristics to such commodities manufactured in the United States. Many of the consuming public throughout the United States purchase perfumes, cosmetics, and other toilet preparations manufactured in foreign countries and imported into the United States in preference to perfumes, cosmetics, and other toilet preparations manufactured in the United States.

PAR. 4. In and by the use of the words "Evening In Paris Talcum," "Talc Soir de Paris," and other labels of the products sold and distributed as aforesaid, respondents impliedly represent that the products so labeled, sold and distributed by them have been manufactured in Paris, France, and imported into the United States, when, as a matter of fact, said products so labeled, sold, and dis- BOURJOIS, INC., ET AL. 5 1 Complaint tributed were not manufactured in Paris, France, or any other place in France and then imported into the United States but on the contrary were manufactured and compounded in the United States. In and by the use of the words "London" "New York" "Paris" "Barcelona" "Buenos Aires" "Mexico" and' "Havana" resl)Ondents' '. ' ' ' 'Impliedly represent. that they have factories located at those places where the products sold by them bearing such words have been manufactured and imported into the United States, when, in truth and in fact respondents do not have factories or laboratories at London, or Paris, or Barcelona, or Buenos Aires, or Mexico, or Havana, and said products were not manufactured at such places, but on the contrary were manufactured in the United States . . Pan. 5. In the course and conduct of their business, as described In paragraph 1 hereof, in soliciting the sale of and selling their said products, respondents now represent and for more than one year l~st past have represented in various periodicals, including maga- Zllles and newspapers having a wide interstate circulation, the foJiotvinO',.· Beautifying, stimulating and beneficial to the skin-Barbara Gould Irradiated E'ace Powder * * • After extensive research and experiment in her laboratories, Barbara Gould, internationally known Beauty Counsellor, has developed this fine face powder. A lllost refreshing effect Is obtained with this powdf'r which is irradiatf'd with Hltra-vlolet rays to be had in your skin tone. BARDARA GOULD (Pietorial representation of two jars showing labels reading "Barbara Gould Irradiated Skin Food.") . 1'hls new Barbara Gould Skin Food, being irradiated with vitnllzing healthgiving ultra-violet rays, performs wonders in the way of improving your skin :aking it finer and even more tempered and causing unsightly blemishes to lsappear • * * Sunshine While ·You Sleep Without Tanning Your Skin. New IrradiatedSk·111 E'ood By Barbara Gould. Vi Darbnra Gould's New Skin Food slowly, gently, safely applies tiny ultraf olet rays to your skin all night long but you cannot see them • • • or t~el th~m I They do not tan the skin like the ultra-violet rays of the sun, nor do b ey gtve You a sunburn I So mild are the rays, however, that they give only en~fits to Your skin.

s Dlrectiy irradiated with ultra-violet rays. That is why beauty results show S~i quickly so shortly after you have begun to u~<e Barbara Gould Irradiated 11 E'ood • • • Barbara Gould Says:

sk~:ly Irradiated Skin Food gently, snfely, supplies tiny rays of light to your th~n au night long I You cannot see them or feel them but they reawaken Youth glands of your skin ! Complaint 26F. T. C.

A beauty cream irradiated with ultra-violet rays-what marvelous things that would do for a woman, said Barbara Gould. It ultra-violet rays should be intt·oduced into a beauty cream how marvelous that would be for a woman's skin! thought Barbara Gould. So, in collaboration with a scientist in a great Eastern University she developed her new Irradiated Skin Food, into which is introduced just the right amount of ultraviolet rays to b!'nefit the skin, without including "tan" or sunburn. Barbara Gould Irradiated Skin Food • • • actually contains the health· giving rays of sunlight • • • all night long it softly sheds its invisible tiny rays into the depths of every por~gently coaxes tired, sluggish glands to normal vigor and health • * • the gentlest, safest of sun treatments. All said representations and statements, together .with other statements not herein detailed, purported to be descriptive of respondents' products and of the beneficial results that may reasonably be expected to be obtained by the users of said products. PAR. 6. In truth and in fact the representations made by the respondents in aid of the sale of their products are grossly exaggerated, false, misleading and incorrect. The product sold and distributed under the trade name of Barbara Gould Irradiated Skin Food did not and does not possess such properties or characteristics as to be a food for the human skin or tissues. There are no such glands in the human body as "youth glands." The name of Barbara Gould was and is a fictitious name and an alias for one Ruth Frances, who is employed by said respondents as a beauty counsellor, and she did not discover or develop such products, and she has no scientific degrees and is not skilled in the scientific preparation of cosmetics, and has no special knowledge regarding the therapeutic effect of ultra-violet rays. The process used in compounding said products did not and does not have the result of causing them to absorb, retain, and, upon use, emit sufficient ultra-violet rays to be beneficial in the treatment of the human skin. PAR. 7. The use of the trade name "Barbara Gould Irradiated Skin Food" has a capacity and tendency to deceive the purchasing public into believing that the products sold by respondents give nourishment to and acts as a food for the human skin. The representations of respondents as hereinabove set forth and other similar representations made by the respondents have had and do have the tendency and capacity to confuse, mislead, and deceive members of the purchasing public into the erroneous belief that there are glands in the human body known as "youth glands," which will be restored and revived if respondents' products are used; that the alleged Barbara Gould, in the employ of respondents, after extensive research and experiments, developed the talcum powder "Barbara Gould Irra~ diated Face Powder,'' and that she has special skill and knowledge · BOURJOIS, INC., ET AL. 7 1 Findings regarding the therapeutic effect of ultra-violet rays on the human skin and by her skill and knowledge has incorporated natural sunshine and ultra-violet rays into the products sold by respondents, which products, if a.applied to the skin will produce beneficial results; that the products sold by the respondents contain and, when applied to the human skin, emit sufficient violet rays to be beneficial in the treatment of the human skin; that the products sold by respondents and especially those designated by them as "Evening In Paris Tal- :um," "Talc Soir de Paris," were manufactured in France and Imported into the United States, and that the products labeled with the words ''London," "Paris," "Barcelona," "Buenos Aires," ":Mexico," and "Havana" were all products manufactured in respondents' factories or laboratories in either London, Paris, Barcelona, Buenos Aires, :Mexico, or Havana, and were products imported into the United States from foreign countries; that users of said products will receive beneficial results and results similar to those received from natural sunshine and from ultra-violet rays. The said representations of respondents have had and do have the tendency and capacity to induce members of the purchasing public to buy and use said preparations because of the l:'rroneous beliefs ei:gendered, as above set forth, and as a result thereof to unfairly ?lvert trade to respondents from competitors engaged in the sale, in Interstate commerce, of similar competing preparations who truthfully represent the origin of and the therapeutic value of their :espective products. As a further result thereof injury has been and IS now being done by respondents to competitors in commerce as hereinabove set out.

There are among the competitors of respondents, as mentioned in ~aragraph 1 hereof, many who sell and distribute in commerce Similar preparations who do not misrepresent the origin or place of lnanufacture of such products or the properties or qualities, or thera- Peutic virtues or effects of their said competing products. PAR. 8. The above alleged acts and practices of respondents are all to the prejudice of the public and the respondents' competitors, ~nd constitute unfair methods of competition in commerce within the ~ltent and meaning of Section 5 of an Act of Congress approved ~pt:mber 26, 1914, entitled "An Act to create a Federal Trade ComlllissJon, to define its powers and duties, and for other purposes." REPORT, FINDINGS AS TO THE FACTS, AND ORDER t Pursuant to the provisions of an Act of Congress approved Seper 26, 1!H4, entitled "An Act to create a Federal Trade ComlSSlon, to define its powers and duties, and for other purposes," Findings 26F. T. C.

the Federal Trade Commission, on June 9, 1936, issued, and subsequently served, its complaint in this proceeding upon respondents . Bourjois, ·Inc., and Barbara Gould Sales Corporation, charging them with the use of unfair methods of competition in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respondents answer thereto, testimony and other evidence in support of the allegations of said complaint were introduced by Astor Hogg, attorney for the Commission, before John "\V. Norwood, an examiner of the Commission theretofore duly designated by it, and in opposition to the allegations of said complaint by Mark Eisner, attorney for respondents, and said testimony and other evidence were duly recorded and filed at the office of the Commission. Thereafter, the proceeding regularly came on for final hearing before the Commission on the said complaint, the answer thereto, testimony and other evidence, briefs in support of the complaint and in opposition thereto, and the oral arguments of counsel aforesaid, and the Commission having duly considered the same and being now :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. Respondent Bourjois, Inc., is a corporation organized, existing and doing business under the laws of the State of New York, with its offices and principal place of business located at 35 ·west Thirty-fourth Street, city of New York, in said State. The stock of respondent Barbara Gould Sales Corporation is wholly owned by respondent Bourjois, Inc. Respondent Bourjois, Inc., has been for more than one year last past, and now is, engaged in the manufacture of cosmetics and other toilet preparations at its factory located at Rochester, N. Y., and in the sale and distribution of said products to and through its subsidiary, Barbara Gould Sales Corporation, and through other subsidiaries. Respondent Barbara Gould Sales Corporation is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, with its principal place of business located at 35 "\Vest Thirtyfourth Street in the city of New York, in said State .. Respondents cause, and for more than one year last past have caused, their said products, when sold by them, to be shipped from said places of business in the State of New York to the purchasers thereof, some located in the State of New York and others located in various States of the Cnited States other than the State of New York, and in the District of Columbia.

BOURJOIS, INC., ET AL. 9 1 Findings There is now, and has been for more than one year last past, a constant current of trade and commerce between and among the various States of the United States and in the District of Columbia in said products sold by the respondents. Barbn,ra Gould Sales Corporation purchases the products sold by it exclusively from Bourjois, Inc. 1 taking deliveries from Rochester,·N. Y., to New York city and Chicago, Ill. From these cities it ships said merchandise to purchasers located in every State of the United States. • ~spondents are now, and for more than one year last past have been, in substantial competition with other corporations and with Partnerships, persons, and firms engaged in the sale of cosmetics and other toilet preparations in commerce between and among the various States of the United States and in the District of Columbia. PAR. 2. During the year 1935 and prior thereto, respondents manufactured and sold a skin preparation under the trade name and brand "Barbara Gould Irradiated Skin Food." On or about July 1, 1D35, the label on said product was changed and substantially the same product was labeled, branded and marketed by respondents as ''~arbara Gould Irradiated Skin Cream." During the year Hl35 and P'l'lor thereto, respondents manufactured and sold a face powder Which they labeled and branded as "Barbara Gould Irmdiated Face Powder." Respondents have manufactured and sold, and do now :manufacture and sell, a talcum powder which they brand and label as "Evening in Paris Talcum."

PAn. 3. The talcum powder designated "Evening in Paris Talcum" is placed in a glass container to which is attached a label that reads Evening in Paris BOURJOIS New Y ork-Parls h The said glass container of talcum powder is enclosed in a cardoal'd container on which appear the words Evening in Paris BOURJOIS New York - Paris a~~ on which cardboard container appear certain lineal outline scenes ; lich Inay be observed only in Paris,. France, including the Eifl'el o;·er located in Paris, France.

i An. 4. In the course and conduct of their businesses, as described U~t~ara~raph 1 hereof, in soliciting the sale of and selling their prod- G 1designated "Barbara Gould Irradiated Face Powder," "Barbara ou d Irradiated Skin Food" and "Barbara Gould Irradiated Skin ' 10 }'EDERAL TRADE COMMISSION DECISIONS Findings 26F.T.L Cream," respondents represented in various periodicals including magazines having a nation-wide circulation and in newspapers having a wide interstate circulation, and through advertising matrices sent to retailers throughout the United States to be reproduced, as follows: · 1. Beautifying, stimulating and beneficial to the skin-Barbara Gould Irradiated Face Powder • * • After extensive research and experiment in her laboratories, Barbara Gould, internationally known Beauty Counsellor, has developed this fine face powder. A most refreshing effect is obtained with this powder which is lrradiatE>d with ultra-violet rays to be had in your skin tone. 2. BARBARA GOULD (Pictorial representation of two jars showing labels reading "Barbara Gould Irradiated Skin Food.") This new Barbara Gould Skin Food, being irradiated with vitalizing, health-giving ultra-violet rays, performs wonders in the way of improving yoqr skin, making it finer and even more tempered and causing unsightly blemi~hes to disappear Sunshine While You Slee>p Without Tanning Your Skin. New Irradiated Skin Food by Barbara Gould. Barbara Gould's New Skin Food slowly, gently, safely applies tiny ultraviolet rays to your skin all night long but you cannot see them • • • or feel them! They do not tan the skin like the ultra-violet rays of the sun, nor do they give you a sunburn! So mild are the rays, however, that they give only benefits to your skin.

Directly irradiated with ultra-violet rays. That is why heanty results show ~>o quiekly so shortly after you have hegun to use Darbara"Gould Irradiated Hldu Food • • • 3. Barbara Gould Says: "My Irradiated Skin Food gently, saf~>ly, Rupplies tiny rays of light to your skin all night long! You cannot HPe them or feel them but they reawakE>n the youth glands of your skin! "A beauty cream irradiated with ultra-violet rays-what mun·elous things that would do for a woman," said B:uhnra Gould. "If ultra-violet rays should be intt·oducPd Into a lJeauty Cream lww marvelous that would be for a woman's skin!" thought Barbnra Gould. So, in collaboration with a scientii;t in a great EastPru University ~:;he developed her new Irradiated Skin Food, Into which Is introduced just the right amount of ultraviolet rays to benefit the skin, without including "tan" or sunburn. Barbara Gould Irradiated ~kin l•'ood • • • aetnally contains the hE>althglving rays of sunlight • • • all uight long It softly sheds its invisible tiny rays Into the depths of every pore-gently coaxes tired, sluggish glands to normal vigor aud health • * • the gentlest, safpst of sun treatments. 4. Barbara Gould Irradiated Skin Cream has a normalizing effect on all types of skin. This is brought about through the atomic oxygen element of the cream which is Imparted to' it by the Irradiation of ultra-vlolet rays. U. V. R. This ct·eam has a re\"italizing reju,·enating and normalizing effect on all skins- Due to lrrndlatlon with ultra-violet rays, this cream literally teems with oxygen atoms. They, too, are released to your skin-toning, invigorating and generally building up normal health.

BOURJOIS1 INC., ET AL. 11 1 Findings PAR. 5. In the manner and by the means aforesaid, respondents represent that their talcum powder designated "Evening· in Paris Talcum" and sold and distributed by them, was, and is, manufactured in France and imported into the United States; that their product, "Barbara Gould Irradiated Skin Food" was a beauty cream irradiated with ultra-violet rays, which, when applied to the skin, released rays of light and sunlight to the skin, which were of therapeutic and beneficial value; that "Barbara Gould Irradiated Skin Food" possessed such properties and characteristics as to be a food for the human skin; that "Barbara Gould Irradiated Skin Food" awakened nnd restored the youth glands of the skin; that one Barbara Gould, an internationally known beauty counsellor, had developed the products "Barbara Gould Irradiated Face Powder'' and "Barbara Gould Irradiated Skin Food," which products were beautifying, stimulating and beneficial in. the treatment of the skin by reason of the fact that they had been irradiated with ultra-violet rays; that the product "Barbara Gould Irradiated Skin Cream" had been irradiated with ultra-violet rays and, as a consequence, released atomic oxygen, when applied to the skin, which Was absorbed through the skin and that by reason thereof, therapeutic and beneficial results were received by the users of such cream. The representations made by the respondents as aforesaid are misleading,· for the following reasons: The talcum powder designated as '·Evening in Paris Talcum" was not manufactured in France and im~ Ported into the United States, but on the contrary was manufactured at Rochester, N. Y. The ingredients of the "Evening in Paris Talcum" are separately imported into the United States and compounded and processed into the completed product, then assembled and Packaged for sale and distribution at the factory of respondent Dourjois, Inc., located at Rochester. N. Y. The product designated ''Barbara Gould Irradiated Skin F~od" does not possess such properties or characteristics as to be a food for the human skin or tissues. ~Uch product did not serve to furnish nourishment t~ the skin. ~here are no such glands in the human body as ''youth glands." Glands in the human body are not restored or revived by the use of respondents' products or by the use of any preparations applied externally. The processes used in compounding said products did not, and do not, have the result of causing them to absorb, retain and, upon use, emit sufficient ultra-violet rnys to be beneficial in the treatn;ent of the human skin. As a matter of fact, it has been conclusively ~, 10Wn, and the Commission finds, that "Barbara Gould Irradiated ~.ace Powder," "Barbara Gould Irradiated Skin Food," and "llarara Gould Irradiated Skin Cream" give out no radiation whatever, Findings 26F. T. C.

neither do they give out any ultra-violet rays or sun rays or light or re-irradiation of any kind. They emit no form of light rays. The name "Barbara Gould" is a fictitious name used by respondents and the name "Barbara Gould" was an alias for Ruth Frances who, at one time, was employed by respondents as a beauty counsellor. She did not discover or develop such products and she has no scientific degree or degrees and is not skilled in the scientific preparation of cosmetics and has no special knowledge regarding the therapeutic effect of ultra-violet rays.

PAn. 6. For a good many years a substantial portion of the purchasing public has been led to believe, and does believe, that exposure of the human body to the natural sunlight and to ultra-violet rays produces beneficial results. To represent a cosmetic as one which emits ultra-violet rays or sunshine causes such cosmetic to have an added sales value. · Perfumes, cosmetics and other toilet preparations manufactured in France and imported into the United States have for many yeu,rs enjoyed pi·osperity and good-will among the trade and consuming public throughout the United States. Many of the consuming public throughout the United States purchase perfumes, cosmetics and other toilet preparations manufactured in France and imported into the United States in preference to perfumes, cosmetics and other toilet preparations manufactured in the United States. Domestic cosmetics labelled as of French origin causes such cosmetics to have added sales value and enables dealers in the cosmetics so labelled to sell :,arne more readily than would otherwise be the c~lse. PAR. 7. The use of the trade name "Barbara Gould Irradiated Skin Food" had the capacity and tendency to mislead the purchasing public into mistakenly believing that said product sold by respondents gave nourishment to and acted as a food for the human skin. The representations of respondents as hereinabove set forth have had, and do have, the tendency and capacity to confuse and mislead members o'f the purchasing public into the erroneous belief that there are glands in the human body known as "Youth glands" which will be restored and revived if respondents' products are used; that the alleged Barbara Gould employed by respondents, after extensive research and experiments, developed the products "Barbara Gould Irradiated Face Powder" and "Barbara Gould Irradiated Skin Food," that she had special skill and knowledge regarding the therapeutic effect of ultra-violet rays on the human skin and by her skill and knowledge had incorporated natural sunlight and ultra-violet rays into said products which, if applied to the skin, would produce beneficial results; that the products designated "Barbara Gould BOURJOIS, INC., ET AL. 13 1 Order Irradiated Face Powder," "Barbara Gould Irradiated Skin Food," and "Barbara Gould Irradiated Skin Cr~am," when applied to the human skin, would emit ultra-violet rays and release atomic oxygen which would be absorbed through the skin, all of which would be beneficial in the treatment of the human skin and that users of said products would receive beneficial results and results similar to those received from exposure to natural sunshine and from ultra-violet rays; that the product designated "Evening In Paris Talcum" was manufactured in France and imported into the United States. · The said representations of respondents have had and now have the tendency and capacity to induce members of the purchasing public to buy and use said preparations because of the erroneous beliefs brought about as above set forth. The representations made by respondents as afm~esaid have the capacity and tendency unfairly to divert trade to respondents from competitors herein referred to, some of which said competitors do not in any manner misrepresent the therapeutic value or effects of said preparations nor the place of origin of such products.

CONCLUSION The aforesaid acts and practices of the respondents llourjois, Inc., and Barbara Gould Sales Corporation are to the prejudice of the public and of respondents' competitors and constitute unfair methods of competition in commerce within the intent and meaning of Section 5 o£ 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."

ORDER TO CE.\SE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answers of respondents, testimony and other evidence taken before John 1V. Norwood, an examiner of the Commission theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, briefs filed herein, and oral arguments by Astor Hogg, counsel for the Commission, and Mark Eisner, counsel for the respondents, and the Commission having made its findings as to the facts and its conclusion that said respondents have violated the provisions of an Act o£ 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 respondents, Bourjois, Inc., and Barbar:t Gould Sales Corporation, corporations, their respective officers, rep- 160i5tm-39-,·oL. 26---4 14 FEDERAL TRADE COM:l\IISSION DECISIONS Order 26F.T.C.

resentatives, agents, and employees, in connection with the offering for sale, sale and distribu~ion of cosmetics and other toilet preparations in interstate commerce or in the District of Columbia, do forthwith cease and desist from:

1. Representing, directly or indirectly, that said products contain any beneficial elements of the natural rays of the sun, or that the use of said products will bring the beneficial effects of sunshine to the users thereof, or that said products emit or give off ultraviolet rays or any other rays which are beneficial in the treatment of the human skin;

2. Representing in any manner that their face creams when applied to the skin, release oxygen which is absorbed through the skin or that said creams are beneficial in the treatment of the human skin by reason thereof;

3. Representing, through the use of the words "skin foods" or any other word or words of simi~ar import to describe or designate their products, or in any manner, that the product designated "Barbara Gould Irradiated Skin Food" or said product under any other desi"gnation or any other product containing similar ingredients and having substantially similar properties, possesses such properties as to be a food for the human skin or tissues; 4. Representing in any manner that any of their said products will reawaken or restore so-called "youth glands" or any other glands; 5. Representing in any manner that their products were developed or discovered after research or experimentation by one Barbara Gould, or that Barbara Gould collaborated with a scientist, or scientists, in developing or originating any of such products; G. Using the word "Paris" or "France," or any other word or words, or any design, outline, symbol, or illustration suggesting French origin to 'advertise, brand, label, designate, or otherwise describe talcum powder, cosmetics or toilet preparations compounded, bottled, packaged, and assembled in the United States solely from imported ingredients without clearly stating in immediate connection and conjunction therewith in letters of equal size and conspicuousness that said products were compounded, bottled, packaged ancl assembled in the United States.

It is further ordered, That the respondents shall, within 60 days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which thev have complied with this order.

WRIGHT MANUFACTURERS DISTRIBUTING CO. 15 Syllabus