'Climax Cleaner Manufacturing Co

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

lN THE ~!A 'I'rER OF' THE CLIMAX CLEANER MANUFACTURING COMPANY tOMPLAINT, FINDINGS, AND ORDER IN REG.\RD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPRO"\"ED SEPT. 26, 1914 Doclcet 1668. Complaint, Jan: 13, 19.)1~-De~·ision, Jr~ly "', JfllZ Where a corpomtlon, engaged in the interstate sale aud dlstrilJUtl.on of its "Climax Wall Paper Cleaner"ll~Prest.>nted that its said product would not crumble when usPtl fot· t'leaning all types of wnll PUller, through t11e use particularly of the terms ''Non- Crumbling" aud "Cruwble-less" in statements in radio continuities, pm:tal cards, window and counter display cards, and other advertising matterbroadcast and dlstributetl, and through labels on the containers thereof; ~hln, used for cleaning certain types and varieties, it would and did crumble; Vlth effect of misleading and deceiving a substantial portion of the purchasing :public into the mistaken belief that sudt statei:nents were true, and tnt() · rmrchase of substantial quantities of said product as a result of such mistaken belief: . · · lif'ld, Tlmt such acts and practices, under the eh·cumstances set forth, wet·e all to the Ill'Pjntlice ond Injury of the public, nnd const!tnt(>d unfair ond dec(>p.th·e lll"ts nnd practices In commerce .

. Before. Mr. Jame.<~ A. Purcell, trial examiner. !Jr ..ilftrurice 0. Peaq•ce and Mr. 1Villia·m M. [(lng for the Com- 111Ission Tlw~pson, !line & Flory, of Cleveland, Ohio, .for respondent. Complaint, Pursuant to the provi~ions of the Federal Trade Commission .Act and. by virtue of the authority vested in it by said act the Federa 1 '!'rude Commission, having reason to believe that The Climax Cleaner A:tanufacturing Co., a corporation, hereinafter referred to tls respond- ~'nt, ha~ violated the provisions of said act,· and it appearing to the Colnmission that a proceeding by it in respect thereof would be in the :Pllblic interest, hereby issues its complaint, stating its charges in that respect as follows: . · . · · • PAilAGRAPH 1. Respondent, The. Climax Cleaner l\Ianufacturing Co:, 1 ~ a corporation duly chartered, organized, and existing under and hy \'IItue of th~ laws of the State of Ohio, with its principal ollice nnd ~lace of business located at 2080 West llOth Street, Cleveland, State of Ohio. , PAll. 2,. Respondent is now and for many years last past has. been engaged in the sale and distribution of a product designated "Climax 42 FEDERAL TRADE COMMISSIO~ DECISIONS Complaint 35F. T. C.

'Vall Paper Cleaner." Respondent causes and has caused its s~id product when sold to be transported from its place of business in the State of Ohio to purcha!3ers thereof located in the various States of the United States other than the State of Ohio and in the District of Columbia.

Respondent now ma.intains and at all times herein mentioned has , maintained a course of trade in its said product in commerce between aiHI'among the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of its business and for the purpose of inducing the purchase of its product, the respondent has made. false and misleading statements and representations with respect to its said product by means of radio continuities, postal cards, window and counter display cards and other advertising matter.broadcast and dis· tributed to and among prospective purchasers, and on labels on the container in which said product is sold and distributed. Among and typic.al of such false and misleading statements and representations are the following:

CLIMAX WALL PAPER CLEANER Non-Crumbling This is the New and Improved Crumble-less CLIMAX the new, impt·oved, non-crumbling Climax 'Vall paper Cleaner . • • • Ask tor Climax Crumble-less '\Vall Paper Cleaner-It cleans cleaner and makes no muss to sweep up.

lnlpro,?ed Clitnftx Cruinble-less \Vall Paper Cleaner is non-cruiubliug. • • • PAn. 4. Through the use of the foregoing statements and repre· sentations and others of similar import and meaning not specificall.Y set out herein, and particularly through the use of the terms "Non· Crumbling'' and "Crumble-less," respondent represents that its said product "Climax 'Vall Paper Cleaner" will not and does not crumble when used for cleaning all types of wall paper. PAR. 5. The foregoing statements and representations are grossly cxa~gerated, false, and misleading. In truth and in fact respond· ent's product "Climax '\Vall Paper Cleaner" will crumble and does crumble when used for cleaning .certain types and varieties of wall paper.

PAR: u: The use by the respondent of the foregoing false and misleading representations and statements with respect to its said THE CLIMAX CLEANER MFG: CO. 43 41 Findings Wall paper cleaner has had and now has the capacity and tendency to itnd does mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements and representations a.re true, and into the purchase of substantial quantities of respondent's product as a result ·of such lnistaken belief so engendered. · . PAR. 7. The aforesaid acts anu practices of the respondent are all to the prejudice and injury of the public and constitute unfair and ?eceptive acts and practices in commerce within the intent and meanlng of the Federal Trade Commission Act.

REPORT, FrNDINGs As TO THE FACTs, AND Onder Pursuant to the provisions of. the Federal Trade Commission Act, the Federal Trade Commission on January 13, 1942, issued and subsequently served its complaint in this proceeding upon the respondent, 1'he Climax Cleaner .Manufticturing Co., a corporation, charging it ~ith the use of unfair and deceptive acts and practices in commerce ln violation of the provisions of said act. After the issuance of said co:mplaA1t and the filing of respondent's answer thereto, testimony ~nd other evidence in the form of a stipulation as to the facts entered lnto by and between counsel for the Commission and counsel for the respondent, was read into the record in lieu of testimony in support of the charges stated ii1 the complaint or in opposition thereto, before James A. Purcell, a trial examiner of the Commission, theretofore duly designated by it, and said .testimony and other evidence~ were duly recorded a~d filed in the office of the Commission. Thereafter, the proceeding regularly came on for final hearing before the Commission upon said complaint, the answer thereto, testimony nnd other evidence, report of the trial examiner upon the evidence, and briefs in support of the complaint and in opposition thereto ,(oral argument not having been requested) ; and the Commission, naving duly considered the matter and being now fully advised in the premises, finds that this proceeding js in the interest of the public, and makes this its findings as to the facts and its conclusion drawn therefrom.

FINDINGS AS TO THE FACV3 . PARAGRAPH 1. Respondent, The Climax Cleaner Manufacturing Co., Is a corporation duly chartered, organizeu, and existing under and Ly virtue of the laws of the State of Ohio, with its principal office and place of business located at 2080 West llOth Street, Cleveland, State of Ohio. · 44 FEDERAL. TRADE COMMISSION DEC'ISIONS Findings 35F. T.C.

PAR. 2. Respondent is now, and for many years last past has been, engaged in the sale and distribution of a product designated "Clima:x \Vall Paper Cleaner." Respondent causes and has caused its said product, when sold, to be transported from its place of business in the State of Ohio to purchasers thereof located in the various States of the United States other than the State of Ohio and in the District of Columbia.

Respondent now maintains, and at all times herein mentioned has· maintained; a course of trade in its said product in commerce between and among the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of its business and for the purpose of inducing the purchase of its product, the respondent has made false and mi~leading statements and representations with respect to its said product, by means of radio continuities, postal cards, window and counter display cards and other a.advertising matter broadcast and distributed to and among prospective purchasers, and on labels on the container in which 'Said product is sold and distributed. Among and typical of such false and misleading statements and representations are the following:

CLIMAX WALL PAPER CLEANER Non-Ct·umbling This is the New and Improved Crum ble-lesl'! CLIMAX the new, improved, non-crumbling Climax 'Vall papet· Cleaner • • • Ask for Climax Crumble-less Wall Paper Cleaner-It cleans cleaner and makes no muss to !'\weep up. · · Improved Climax Crumble-less Wall Paper Cleaner is non-crumbling. • • • PAR. 4. Through the use of the foregoing statements and representations and others of similar import and meaning not spec~fically set out herein, and parlicularly through tlie use of the terms "Nonqrumbl:ng" and "Crumble-less," respondent represents that its said product "Climax Wall Paper Cleaner" will not and does not ~rumble when._used for cleaning all type"s of wall paper. . PAR. 5. The· foregoing statements and representations are grossly exaggerated, false, and misleading. In truth and in fact, respondent's prodtict ''Climax Wall Paper Cleaner" will crumble and does crumble when used for cleaning certain types and varieties of wall paper..

PAR .. 6. The use by the respondent of the foregoing false and misleading representations and statements with respect to its said wall paper cleaner has had, and now has, the capacity and tendency to, THE CLIMAX CLEANER MFG. CO. 45 41 Ordet· and dors, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that guch statements and representations are true, and into the purchase of substantial quantities of respondent's product as a result of such mistaken belief so engendered. · CONCLUSION 'fhe n.'forcsaid acts and practices of the respondent as herein found, are all to the prejudice and injury 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 Fedeml Trade Commission upon the complaint of the Commission, ans·wer of the respondent, testimony and other evidence taken before James A. Purcell, a trial e:x:aminer of the Commission, theretofore duly designated by it, which testimony consisted of a stipulation as to the facts entered into by and. , between ·counsel for the Commission al).d counsel for the respondent ~pou the record. in lieu of testimony in supp~rt of the complaint und ll1 opposition thereto, report of the trial examiner upon the 'evidence, and briefs in support of the complaint and in ppposition thereto; and 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 o1•dered, That the respondent, The Climax Cleaner Manufacturing Co., a corporation, its officers, representatives, agents, and em- Ployees, directly or through any corporate or other device in connection with the -offering for sale, sale, and distribution of its product designated "Climax ·wall Paper Cleaner," or any. other product containing the same or similar ingredients, whether sold under the same llame or any other name, in· commerce as "comi11erce" is defined in the Pederal Trade Commission Act; do forthwith cease and desist. from: 1. Representing in any manner t.hat respondent's product will not crumble when used for cleaning all types of wall pape~. · · 2. Using the words "non-crumbling" or "crumble-less" or any other \V'ords or combination of words o£ similar import or meaning· to designate or describe a wall paper cleaner which will crumble when used on certain types of wall paper.

' It is furthetr ordered, That the respondent shall, within 60 days after service upon it of tllis order, file with the Commission a report in "'writing, se~ting forth in detail the manner and form in which it has complied with this order. · 509749m--43--vol.35----60 0 46 FEDERAL TRADE COMl\HSSION DECISIONS Order 35F.T.C.