Kelso, William W

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IN THE MATTER OF WILLIAM W. KELSO, TRADING AS NORTHWESTERN PRODUCTS COMPANY AND NORTHWESTERN HEALTH CLINIC COMPLAINT, FINDINGS, A);'D ORDER IN REGARD TO THEJ ALLEGED VIOLATIO);' OF SEC. 5 OF AN ACT OF CONGRESS APPRm·En SEPT. 26, 1914 Docket ~066. Complaint, JJiar. 18, 19.qO-Dccision, June 26, 191,0 Where an indh·idual engaged in sale and distribution of medicinal preparation designated "Periodic Relief Pills" and recommended as remedy for delayed menstruation, to purchasers in various other States and in the Dis· trict of Columbia; in advertisements of his said product which be disseminated and caused to be disseminated through the mails, by insertions in newspapers and periodicals of general circulation, and in circulars and other printed or written matter distributed among and between the various States, and by other means in commerce, and which were intendl-'d and likely to induce purchase of said product- ( a) Represented, directly and indirectly, that said preparation was a cure or remedy for delayed menstruation and constituted a competent and effective treatment therefor, and possessed therapeutic value with respect thereto, and that it was safe and harmless, facts being it was not a cure or remedy for such condition, did not constitute competent or effective treatment therefor or possess any therapeutic value with respect thereto, and said preparation was not safe and harmless, in that it contained extract cotton root bark, extract black hellebore, aloes, oil savin, and ergotin in quantities sufficient to cause serious and irreparable injury to health if taken under conditions prescribed in said advertisements or under such conditions as are customary ot· usual, and use thereof might result in gastro-intestinal disturbancf:'s, and, where used to interfere with normal course of pregnancy, might result in uterine infection and even lead to condition known as septicemia or blood poisoning, and use thereof might produce severe circulatory condition, often with poisonous effects upon the human system, and tending to cause abortion in some instances, and might result in severe toxic conditions leading possibly either to loss of limbs or other serious and irreparable injury to health; and (b) Failed to reveal, in advertisements disseminated by him as aforesaid, that the use of said preparation under the conditions prescribed In said adverti!•ements or under such conditions as are customary or usual might result in serious or irreparable injury to health of user; With effect of misleading and deceiving substantial portion of purchasing public into erroneous and mistaken belief that such false and misleading representations were true, and into purchase of substantial quantity of his said product:

Held, That !'uch acts and practices, under the circumstances set forth, were all to the injury of the public and constituted unfair and deceptive acts and practices in commerce.

Mr. William L. Taggart for the Commission.

NORTHWESTERN PRODUCTS CO., ETC. 323 322 Complaint Col\lplaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that "William 1V. Kelso7 individually, and trading as Nortlnrestern Products Co., and as Northwestern Health Clinic, hereinafter referred to as respondent, bas violated the provisions of the said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Respondent, William ,V. Kelso, is an individual trading as Northwestern Products Co., and Northwestern Health Clinic, with his office and principal place of business located at 611% Union Street, Seattle, 1Vash. Respondent is now and for more than 1 year last past has been engaged in the sale and distribution of a medicinal preparation designated "Periodic Relief Pills," recommended as a remedy for delayed menstruation.

In the course and conduct of his business the respondent causes his ~aid preparation, when sold, to be transported from his place of business in the State of 1Vashington to the purchasers thereof located in various other States of the United States and in the Districtof Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in his said product in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of his business, the respondent has disseminated, and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said product by United States mails, by insertions in newspapers und periodicals having a general circulation, and also in circulars and other printed or written matter, all of which are distributed in commerce among and between the various States of the United States, and by other means in commerce, as "commerce" is defined in the Federal Trade Commission Act, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said product; and has disseminated, and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning said product by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said product in commerce, as "commerce" is defined in the Federal Tratle Commission Act. Among and typical of the false statements und r('presentations contained in said advertisem('nts disseminat('d and Complaint 31F. T. C.

caused. to be disseminated as aforesaid, with respect to said product, are the following:

LADIES WITH DELAYED PERIODS: Don't worry or be uncertain when Nature fails you. You can obtain in the privacy of your home our Time-Tried "PERIODIC RELIEF PILLS." Harmless, Reliable and Efficient. Women report the pill form more convenient TO TAKE with no pain or ill after effects. Relieves most unnatural, stubborn Delayed periods immediately with no interference with Home or Social duties. Special Treatment, $2.00 Postpaid, in plain sealed wrapper. THERE IS NO SUBSTITUTE FOR SAFETY. Oruer today and be COnvinced. NORTH- WESTERN PRODUCTS COMPANY, P. 0. BOX 614, SEATTLE, WASH. PAR. 3. Through the use of the representations hereinabove set forth, and others of similar import not specifically set out herein, all of which purport to be <lescriptive of the remedial, curative, and therapeutic properties of his said preparation, respondent has represented., and does now represent, directly and indirectly, that said preparation is a cure or remedy for delayed menstruation; that said preparation constitutes a competent and effective treatment for delayed menstruation and possesses therapeutic value with respect thereto, and that said preparation is safe and harmless. PAR. 4. The foregoing representations are grossly exaggerated, false, and misleading. In truth and in fact, respondent's preparation is not a cure or remedy for delayed menstruation, nor does it constitute a competent or effective treatment therefor or possess any therapeutic value with respect thereto. Moreover, said preparation is not safe and harmless, in that it contains extract cotton root bark, extract Olack hellebore, aloes, oil savin, and ergotin in quantities sufficient to cause serious and irreparable injury to health if taken under the conditions prescribed in said advertisements or under such conditions as are customary or usual.

The use of said preparation under the conditions prescribed in said advertisements or under such conditions as are customary or usual may result in gastro-intestinal disturbances such as catharsis, nausea, 1md vomiting with pelvic congestion, congestion of the uterus leading to excessive uterine hemorrhage, and in those cases where said preparation is used to interfere with the normal course of pregnancy may result in uterine infection with extension to other pelvic and abdominal structures, and even to the blood stream, causing the condition known us septicemia or blood poisoning.

The use of said preparation may also produce a severe circulatory condition by the constriction of the blood vessels and contraction of the involuntary muscles, often with poisonous effects upon the human system, and. tending to cause abortion in some instances, and may result in severe toxic conditions such as hemorrhagic diarrhea, and NORTHWESTERN PRODUCTS CO., ETC. 325 Findings in some instances producing a gangrenous condition in the lower limbs, resulting possibly either in loss of limbs or in other serious and irreparable injury to health.

PAR. 5. In addition to the representations herein set forth the respondent is also engaged in the dissemination of false advertisements in that said advertisements fail to reveal that the use of said preparation under the conditions prescribed in said advertisements or under such conditions as are customary or usual may result in serious or irreparable injury to the health of the user. PAn. u. The use by the respondent of the foregoing false and misleading representations with respect to his said product has the tend«:>ncy and capacity to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false and misleading representations are true, and into the purchase of a substantial quantity of respondent's product. PAR. 7. The aforesaid acts and practices of the respondent as herein nlleged are all to the prejudice and injury of the public, and constitute unfair and deceptive acts and practices in commerce within the jutent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Puruant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on l\larch 18, 1940, issued, and on March 23, 1940, served, its complaint in this proceeding upon 'Villiam W... Kelso, individually, and trading as Northwestern Products Co., and as Northwestern Health Clinic, charging him with the use <>f unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On Aprill5, 1940, the respondent filed his answer in which answer he admitted all the material allegations of fact set forth in said complaint and waived all intervening pro- {'edure and further hearing as to said facts. Thereafter the pro- <"eeding regularly came on for final hearing before the Commission on the said complaint and the answer thereto, and the Commission, having duly considered the matter 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 PARAGIUPII 1. Respondent, "•illiam ,Y, Kelso, is an individual trading as Northwestern Products Co., and Northwestern Health Clinic, with his office and principal place of business located at 611% Findings 311<,. ·.r. c. Union Street, Seattle, 'Vash. Respondent is now and for more than 1 year last past has been engaged in the sale and distribution of a medicinal preparation designated "Periodic Relief Pills," recommended as a remedy for delayed menstruation. In the course and comluct of his business the respondent causes his said preparation, when sold, to be transported from his place of business in the State of 'Vashington to the purchasers thereof located in various other States of the United States, and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in his said product in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of his business, the respondent has disseminated, and is now disseminating, and has caused and is now causing the dissemination of, false ad,·ertisements concerning his said product by United States mails, by insertions in newspapers and periodicals having a general circulation, and also in circulars and other printed or written matter all of which are distributed in commerce among and between the various States of the United States, and by other means in commerce, as "commerce'' is dt>finell in the Federal Trade Commission Act, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said product; and has disseminated, and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning said product by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said product in commerce, as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the false statements and representations contained in said advertisements disseminated and caused to be disseminated as aforesaid, with rel'pect to said product, are the following:

LADIES 'WITH DELAYED PERIODS; Don't WOITY or be uncertain when );atnre fails you. You can obtain in the privacy of your home our Time-Tried "PERIODIC RELIEF PILLS." Harmless, Reliable and Efficient. 'Vomeu report the pill form more co:sve:"'IENT TO TAKE with no pain or ill after effects. Relieves most unnatural, stubborn Delayf'd periods Immediately with no intel"ff'rence with Home or Social duties. Special Treatment, $2.00 Postpaid, in plain sealed wrapper. THEBE IS NO SUBSTITUTE FOR SAFETY. Order today and be con\"inced. Northwestern PRODUCTS COMPANY, P. 0. BOX 674, SEATTLE, WASH. PAR. 3. Through the use of the representations hereinabove set forth, and others of similar import not specifically set out herein, all oi which purport to be descriptive of the remedial, curative, and therapeutic properties of his said preparation, respondent has repre· !'ented, and does now represent, directly and indirectly, that said NORTHWESTERN PRODUCTS CO., ETC. 327 322 Findings preparation is a cure or remedy for delayed menstruation; that said preparation constitutes a competent and effective treatment for delayed menstruation and possesses therapeutic value with respect thereto, and that said preparation is safe and harmless. PAR. 4. The foregoing representations are grossly exaggerated, false and misleading. In truth and in fact, respondent's preparation is not a cure or remedy for delayed menstruation, nor does it constitute a competent or effective treatment therefor or possess any therapeutic value with respect thereto. l\loreorer, said preparation is not safe and harmless, in that it contains extract cotton root bark, extract black hellebore, aloes, oil savin, and ergotin in quantities sufficient to cause serious and irreparable injury to health if taken under the conditions prescribed in said advertisements or under such conditions as are customary or usual.

The use of said preparation under the conditions prescribed in said advertisements or under such conditions as are customary or usual may result in gastro-intestinal disturbances such as catharsis, nausea. and vomiting with pelvic congestion, congestion of the uterus leading to Pxcessire uterine hemorrhage, and in those cases where said preparation is used to interfere ,.,-ith the normal course of pre-gnancy may result in uterine infection with extension to otlwr pelvic and abdominal structures, and even to the blood stream, causing the condition known as septicemia or blood poisoning.

The use of said preparation may also produce a sewre circulatory condition by the constriction of the blood vessels and contraction of the involuntary muscles, often with poisonous effects upon the human system and tending to cause abortion in some instances, and may result in severe toxic conditions such as hemorrhagic diarrhea, and in some instances producing a gangrenous condition in the lower limbs, resulting possibly either in loss of limbs or in other-r se-rious and irreparable injury to health.

P.<\R. 5. In addition to the representations herein set forth the respondent is also engaged in the dissemination of false adwrtisements in that said advertisements fail to renal that the use of said preparation under the conditions prescribed in said ad\·Prtisements or under such conditions as arp customary or usual may result in serious or irreparable injury to the health of the user. PAR. 6. The use by the respondent of the foregoing false and misleading representations with respect to his said product has thp tendency and capacity to, and does, mislead and deceiw a substantial portion of the purchasing public into the errone-ous and mistaken belief that such false and misleading reprpsentations are true, and into the purchase of a substantial quantity of respondent's product. 2!l6516m 41-\ or •. 31 24 .~28 FEDERAL TRADE COMMISSION DECISIONS Ot·der 31 F. T. C.

CONCUJSION The aforesaid acts and practices of respondent as herein found are all to the prejudice and injury of the public and constit.ute unfair and dec~ptive acts and practices in commerce within the intent and meaning o£ the Federal Trade Commission Act. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, in which answer respondent admits all the material allegations of fact set forth in said complaint and states that he waives nll intervening procedure and further hearing as to said facts, ami the Commission having made its findings as to the facts and its conclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, William"~· Kelso, individually and trading as Northwestern Products Co. and as Northwest~rn Health Clinic, or trading under any other name or names, his agents, representatives, and employees, directly or through any corporate or other.r device, in connection with the offering for sale, sale, or distribution of his medicinal preparation designated "Periodic Relief Pills," or any other medicinal preparation composed of substantially :,imilar ingredients or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith cease and desist from directly or indirectly: 1. Disseminating or causing to be disseminated any advertisement (a) by means of the United States mails, or (b) by any means in <'Commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisements represent, directly or through inference, ihat said preparation is a cure or remedy for delayed menstruation or constitutes a competent or effective treatment therefor; or which advertisements fail to reveal that the use of said preparation may result in serious and irreparable injury to the health of the user. 2. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase in commerce as "commerce" is defined in the Federal Trade Commission .Act, of said preparation, which advertisements contain any of the representations prohibited Ill paragraph 1 hereof, or which fail to reveal that the use of said preparation may r£>.salt in serious and ineparable injury to the l1health of the user.

NORTHWESTERN PRODUCTS CO., ETC • 329 .322 Order It is further ordered, That the respondent shall, within 10 days ·after service upon him of this order, file with the Commission an interim report in writing, stating whether he intends to comply with this order and, if so, the manner and form in which he intends to comply; and that within 60 days after the service upon him of this order said respondent shall file with the Commi,ssion a report in writing, setting forth in detail the manner and form in which he bas complied with this order.

Complaint 31 F. ·r. a. I~ THE MATTER OF POPULAR PUBLICATIONS, INC.

COMPLAINT, FINDINGS, AND ORDER I:'> REGARD TO THB ALLEGED VIOLATION" OF SEC. 5 OF AN ACT OF CONGRESS APPROYED SEPT. 26, 19H Doc-ket .qorr. Complaint, Jfar. 30, 1940-Deoision, June 26, 19.10 Where a corporation engaged in sale and distribution of its "Birthstone Rings" jewelry, to purchasers in vat·ious other States and In the District of Columbia; In adverti!'ling circulars, lettf'rs, newspaper advertisements, and otherwise-- Represented that the stones contained in the rings sold by it as lucky birthstone rings were the real, or certain precious or semiprecious, stones, as understood by common acceptance, from word "birthstone," us identified with each month, and Including such stones as garnet, amethyst, jasper or bloodstone ( acquamarine), diamond or sapphire, emerald, agate, turquoise, carnelian, chrysolite, beryl, topaz, and ruby, through such statements, in advertisements referred to, as "Your BIRTHSTONE IS York LUCKY CHARM," and "Garnet, for January, Amethyst for February, Acquamarine for l\lat·ch, and so all through the year, each month has its specinl birthstone," facts being repre~ntatlons and Implications disseminated by it as above set forth wet·e fal;:e and stones In the rings sold by it as "Lucky Birthstone Rings'' were not the stones they were represented as being, but imitations thereof;

With effect, through use of aforesaid false and misleading statements and representations, disseminated as above set forth, of misleading and deceiving substantial portion of pUI'chasing public into erroneous and mistaken belief that such false statements and representations were true, and of inducing substantial portion of said public, because of such belief, to purchase its said products :

Held, That such acts and practices, under the circumstances set forth, were all to the prejudice of the public, and constituted unfair and deceptive acts and practices in commerce.

11/r. Jesse D. /{ash for the Commission.

Swiger, J(ing & Chambers, of Xew York City, for respondent. Complaint Pursuant to the pro\'isions of the Federal Trade Commission ~\..ct and by virtue of the authority vested in it by said a,ct, the Federal Trade Commission, having reason to believe that Popular Publications, Inc., a corporation, hereinafter referred to as respondent, has violated the provisions of said act, and it appearing to the Commission that tL proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that resped, as follows:

PAR.\GRAPII 1. The respondent, Popular Publications, Inc., is a corporation organized, existing, and doing business miler and by virtue POPULAR PUBLICA TIO~S, INC. 331 :330 Complaint of the laws of the State of New York, with its office and principal place of business at 205 East Forty-second Street, in the C-ity of New York, State of New York.

PAR. 2. In the course and conduct of its business respondent is now, and has been for more than 1 year last past, engaged in the sale and distribution of certain jewelry designated "birthstone rings." By common acceptance, a certain precions stone or semi-precious stone (in sanle cases alternative stones), is identified with each month of the year as the birthstone of that month, such stmws being garnet, amethyst, jasper or bloodstone (aquamarine), diamond or sapphire, emerald, agat~, turquoise, carnelian, chrysolite, beryl, topaz, and ruby. Respondent causes its jewelry, when sold by it to be transported from its aforesaid place of business in the State of New York to the pur- <.'hasers thereof located in various other States of the United States and in the District of Columbia.

PAR. 3. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said jewelry among and betwe~n the various States of the United States and in the District of Columbia. PAR. 4. In the course and conduct of its aforesaid busi ness and for the purpose of inducing the purchase of said birthstone rings, re- ~pondent by means of adwrtising circulars, letters, newspaper ad- -vertisements, and by other means, has made false and misleading representations concerning its said product. Among and typical of the representations contained in said false advertisements so used and disseminated as aforesaid. are the following:

YOUR BIRTHSTO:\"E IS YOUR LUCKY CHAIIM.

Garnet for January, Amethyst for February, Aquatmnine for March, and so nil through the year, each month has its special birthstone. P,\R. 5. Through the use of the representations hereinabove set forth and others similar thereto not specifically set out herein, respondent represents that the stones contained in the rings sold by it as lucky birthstone rings are respectively the real stones named in paragraph 2 l1ereof.

PAR. 6. The aforesaid representations and implications used and -disseminated by the respondent in the matter above described are false. In truth and in fact the stones in the rings sold by the respondent as "Lucky Birthstone Rings" are not the stones they are represented to be but are imitations of same.

PAR. 7. The use by the respondent of the aforesaid false and misleading statements and representations disseminated as aforesaid, has l1ad, and now has, the tendency and capacity to, and does. mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements and represents.- Findings 31 F. '1'. C~ tions are true, and to induce a substantial portion of the purchasingpublic, because of such erroneous and mistaken belief, tD purchase respondent's said product.

PAR. 8. ·The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair and de.ceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGs As TO THE FACTs, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act,. the Federal Trade Commission on March 30, 1940, issued, and on April 1, 1940, served its complaint in this porceeding upon respondent, Popular Publications, Inc., a corporation, charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On 1\fay 23, 1940, the respondent filed its answer, in which answer it admitted all the material allegations of fact set forth in said complaint and waived all intervening procedure and further hearing as to said facts. Thereafter, the proceeding regularly came on for final hearing before the Commission on said complaint, and the answer thereto, and the Commission having duly considered the matter 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. The respondent Popular Publications, Inc., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business at 205 East Forty-second Street, in the city of New York, State of New York.

PAR. 2. Respondent is now, and has been for more than 1 year last past, engaged in the sale and distribution of certain jewelry designated "Birthstone Rings."

By common acceptance a certain precious stone or semiprecious stone (in some cases alternative stones), is identified with each month of the year as the birthstone of that month, such stones being garnet, amethyst, jasper or bloodstone {acquamarine), diamond or sapphire, emerald, agate, turquoise, carnelian, chrysolite, beryl, topaz, and ruby. Respondent causes its jewelry when sold '6y it to be transported from its aforesaid place of business in the State of New York to the purchasers thereof located in nrious other States of the United States and in the District of Columbia.

POPULAR PUBLICATIONS, INC. 333 330 Order PAR. 3. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said jewelry among and between the various States of the United States and in the District of Columbia.

PAR. 4. In the course and conduct of its aforesaid business and for the purpose of inducing the purchase of said birthstone rings, respondent, by means of advertising circulars, letters, newspaper advertisements, and by other means, has made false and misleading representations concerning its said product. Among and typical of the r!.'presentations contained in said false a(hertisements so used and disseminated as' aforesaid are the following: YOUR BIRTHSTONE IS YOUR LUCKY CHAR~ Garnet for January, Amethy1;rt for February, Acquamarlne for 1\Iar·ch, nnd so all through the year, enrh month has its special birthstone. PAR. 5. Through the Nlle of the representations hereinabo,·e set forth and others similar thereto not specifically set out herein, re- ~pondent represents that the stones contained in the rings sold by it as lucky birthstone rings are respectiwly the real stones named in paragraph 2 hereof.

PAR. 6. The aforesaid representations and implications used and disseminated by the respondent in the manner above described are falsi'. In truth and in fact the stones in the rings sold by the respondent as "Lucky Birthstone Rings" are not the stones they are represented to be but are imitations of same.

PAR. 7. The use by the respondent of the aforesaid false and misleading statements and representations disseminated, as aforesaid, has had and now has the tendency and capacity to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements and representations are true and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchas(>respondent's said products.

CONCLUSION The aforesaid nets and practices of the respondent as herein set forth are all to the prejudice of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of respondent, in which answer respondent admits all the material Onlt>r 31 F. T. C.

allt'gations of fact set forth in said complaint, and states that it waives all intervening procedure ancl further hearing as to said iacts, and the Commission having made its findings as to the facts and conclusion that respondent has violated the provisions of the Federal Trade Commission Act.

It i~ ordered, That the respondent, Popular Publications, Inc., n. corporation, its officers, representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution of rings in commerce, as commerce is defined in the Federal Trade Commission Act, do forthwith cease and desist from: • Representing, directly or by implication that the rings offered for sale and sold by respondent are set with precious or semiprecious stones identified as the birthstones for the respective months of the year.

It ~·s further ordered, That the respondent shall, within 60 days after service upon it of this order, file with the Commission a report in writ.ing, setting forth in detail the manner and form in which it has complied with this order.

OAK LANE CA.."li/DY CO. 335 Syllabus