Nash, Vivian S

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Complaint. 35 F.T.Ccipal place of business located at 703-705 East Forest Avenue, Detroit,

Par. 2, The respondent was during the month of October 19375 and for more than a year prior thereto, the president of Bee-De Laboratories, a corporation organized under the laws of the State of Michigan. For some time subsequent thereto and prior to Febr? ary 26, 1941, the said respondent was president of Bee-Dew Products, Inc., also a corporation organized under the laws of the State © Michigan. On said last named date the charter of Bee-Dew Product® Inc., was dissolved. During all the time respondent was president of said corporations she owned a large percentage of the capital sto of each of said corporations, and formulated, directed and controlled their policies and activities. Each of said corporations was eng#s® in the sale of a similar line of various hair and face cosmetics, Up?” the dissolution of Bee-Dew Products, Inc., the respondent, under the trade name of Bee-Dew Cosmetic Co., has continued to manufactures sell, and distribute substantially the same preparations as those 5° by the corporations of which she was president. d

Par. 3.’ The respondent, Vivian 8. Nash, an individual, is now ®” has been for more than 5‘ years last past, as stated in the preceding, ‘paragraph, engaged in the manufacture, sale, and distribution o° certain preparations recommended for hair and scalp treatments, !”” cluding those designated ““Bee-Dew Special Hair Grower,” “Bee-Dew Special U-Gro,” “Bee-Dew Scalp Oil,” “Bee-Dew Shampoo,” “Beer -Dew Pressing Oil,” and “Bee-Dew U-Gro.”

In the course and conduct of her business, the respondent causes said preparations, when sold, to be transported from her place ° business in the State of Michigan to the purchasers thereof locaté in various other States of the United States and in the District ° Columbia. Respondent maintains, and at all times méntioned here? has maintained, a course of trade in said preparations, in commer between and among the various States of the United States and in the District of Columbia,

Par. 4. Respondent in the course and conduct of her busines aforesaid has disseminated and is now disseminating, and has cause and is now causing the dissemination of, false advertisements ©" cerning her said preparations recommended for hair and scalp tre#”” ment, by the United States mails and by various other means in co” merce, as commerce is defined in the Federal Trade Commission Acti snd the respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false adver” tisements concerning said preparations by various means, for the purpose of inducing and which are likely to induce, directly ot B49 Complaint directly, the purchase of said preparations in commerce as commerce * 48 defined in the Federal Trade Commission Act. ' Among and typical of, the false, misleading, and deceptive statements and representations contained in said advertisements, dissem- Mated and caused to be disseminated as hereinabove set forth concerning her said preparations recommended for hair and scalp treatments, by the United States mails, by advertisements inserted in Newspapers and periodicals, circulars, leaflets, pamphlets, and other advertising literature, are the following: Don’t surrender to short, broken, harsh hair. Every woman owes it to herself to hold on to her youth and beauty. ' Before After Picture of a lady (Picture of a lady With -short hair.) . with long hair.) Use Bee-Dew Scalp Oil, Bee-Dew Shampoo, Bee-Dew Pressing Oil, Bee-Dew Special U-Gro.

Bee-Dew Special U-Gro. ‘ Stop that falling hair and scalp irritation.. Remove dandruff. “Bee-Dew U-Gro.

Remove dandruff. Stop falling hair and scalp irritations, -Bee-Dew Special U-Gro. ‘ .

Check that falling hair. Bring life to your scalp. ; Short, stubby, ‘dead looking hair or even long hair not well kept is never admirable. Beautiful hair, then, is the first beauty secret. Bee-Dew Special U-Gro. .

Beautiful hair requires a healthy scalp. Thinning hair, bald spots, dull Air and itchy scalp indicate an unnatural scalp condition, - And concerning Bee-Dew O-No are the following: * Instant sweetness and complete protection {s yours now, through Bee-Dew 0-No, the perfect and sure deodorant cream. Assures certain, instant, complete protection from offensive body odors. Par, 5. Through the use of the statements and representations hereinabove set forth, and others similar thereto not specifically set Sut. herein, and by pictorial representations, respondent represents and has represented that her said preparations recommended for use In hair and scalp treatments provide a cure or remedy for falling hair, baldness, dull hair, scalp irritation, and dandruff, and constitute an effective treatment therefor, and that their use will cause new hair to grow. 7 ™ .. In the same manner the respondent represents that the preparation advertised and designated as Bee-Dew O-No will assure complete Protection from offensive body odors.

Par, 6. The foregoing statements and representations are grossly exaggerated, false and misleading. In truth and in fact, the use of said hair and scalp treatments, either alone or in combination with each other, do not constitute a cure or remedy for falling hair, baldness, dull hair, scalp irritations or dandruff. Respondent's preparations have no therapeutic value in the treatment of such disorders or · conditions in excess of cleansing the hair and scalp and allaying itching due to minor irritations of the scalp and in facilitating the ~ei moval of accumulated loose dandruff scales. Said preparations wil have no therapeutic value in the treatment of baldness and will not cause new hair to grow. Respondent's preparation Bee-Dew 0-~~ will give protection from body odors for a limited time only and Wll not give complete protection from such odors. . · PAR. 7. 'I11e use by the respondent of the aforesaid false, decep~n'e and misleading statements and representations and others of a sinnlar nature, 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 statements and representations are true, and to induce a number of the purchasing public, because of such mistaken and erroneoU9 belief, to purchase respondent's said preparations. .

PAR. 8. The aforesaid acts and practices of the respondent as herein alleged 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.

REPoRT, FINDINGs As TO THE.FACTs, AND ORDER

Pursuant to the provisions of the Federal Trade Commission .Act, the Federal Trade Commission, on the 13th day of August 1942, issued and subsequently served its complaint in this proceeding upon the. respondent, Vivian S. Nash, an individual, charging her with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of that act. On the 11th day of September 1942, the respondent filed her answer, in which answer she 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 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 proce~dirig is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom.

PARAGRAPH 1. Respondent is an individual, now trading and doing business under the name of Bee-Dew Cosmetic Co., with her principal place of business located at 703-705 East Forest Avenue, Detroit, Mich mers ' Par. 2. The respondent was, during the month of October 1937, and « beuiore than a year prior thereto, the president of Bee-Dew Laboraries, a corporation, organized under the laws of the State of Michi- . 8an, For some time subsequent thereto and prior to February 26, 1941, the said respondent was president of Bee-Dew Products, Inc., 4l80 a corporation organized under the laws of the State of Michigan. - 2 said last named date the charter of Bee-Dew Products, Inc., was- ‘solved, During all the time respondent was president of said .“°rporations she owned a large percentage of the capital stock of each of said corporations, and formulated, directed, and controlled their Policies and activities. Each of said corporations was engaged in 'e sale of a similar line of various hair and face cosmetics. Upon, ® dissolution of Bee-Dew Products, Inc., the respondent, under the Tade name of Bee-Dew Cosmetic Co., has continued to manufacture, Sell and distribute substantially the same preparations as those sold Y the corporations of which she was president. 4n. 3, The respondent, Vivian §. Nash, an individual, is now and 4s been for more than 5 years last past, as stated in the preceding Paragraph, engaged in the manufacture, sale, and distribution of -“rtain preparations recommended for. hair and scalp treatments, eluding those designated “Bee-Dew Special Hair Grower,” Bee-Dew Pecial U-Gro,” “Bee-Dew Scalp Oil,” “Bee-Dew Shampoo,” “Beew Pressing Oil,” and “Bee-Dew U-Gro,” and also of a preparation *Signated “Bee-Dew O-No,” recommended for use.as a deodorant. In the course and conduct of her business the respondent causes said preparations, when sold, to be transported from her place of ines in the State of Michigan to the purchasers thereof located various other States of the United States and in the District of Olumbia, Respondent maintains, and at all times mentioned herein 4S maintained, a course of trade in said preparations in commerce the District of Columbia. sa; AR. 4, Respondent in the course and conduct of her business aforewa has disseminated and is now disseminating, and has caused and ‘ Now causing the dissemination of, false advertisements concerning *r'said preparations by the United States mails and by various other fans in commerce, as “commerce” is defined in the Federal Trade - Smmission Act; and the respondent has also disseminated and is Ow disseminating, and has caused and is now causing the dissemina- 10n of, false advertisements concerning said preparations by various “ans for the purpose of inducing and which are likely to induce, rectly or indirectly, the purchase of said preparations in commerce, °8 “commerce” is defined in the Federal Trade Commission Act. 509749™—43—vol, 85 ——-44 between and among the various States of the United States-and in - LY

Among and typical of the false, misleading, and deceptive state ments and representations contained in said advertisements disse™” inaed and caused to be disseminated, as hereinabove set forth, by the United States mails, by advertisements inserted in newspapers and periodicals, and by circulars, leaflets, pamphlets, and other adver tising literature, are the following: .

Don’t surrender to short, broken, harsh hair. Every woman owes it to herself to hold on to her youth and beauty.

Before ‘ After ay:

(Picture of a lady (Picture of a 14 1 with short hair.) . with long halt:

Use Bee-Dew Scalp Oil, Bee-Dew Shampoo, Bee-Dew Pressing Oil, Bee-P° ‘Special U-Gro, , .

Bee-Dew Special U-Gro.

Stop that falling hair and scalp irritation. Remove dandruff. Check that falling hair. Bring life to your scalp. * Short stubby, dead looking hair or even long hair not well kept is never admirable, Beautiful hair, then, !s the first beauty secret. Beautiful hair requires a healthy scalp. Thinning hair, bald spots, and Itchy scalp indicate an unnatural scalp condition. Bee-Dew U-Gro mo Remove dandruff. Stop falling hair and scalp irritations. Bee-Dew O-No Instant sweetness and complete protection is yours now,: through Bee-Dew O-No, the perfect and sure deodorant cream. , Assures certain, instant, complete protection from offensive body odors

Par. 5. Through the use of the statements and representations here inabove set forth and others similar thereto not specifically set herein, and by pictorial representations, respondent represents 9” has represented that her said preparations recommended for us° i hair and scalp treatments provide a cure or remedy for falling b®™ baldness, dull hair, scalp irritation, and dandruff, and constitute a effective treatment therefor, and that their use will cause new half; grow. In the same manner, the respondent represents that the pre’ aration advertised and designated as Dee-Dew O-No will assur complete protection from offensive body odors. ly

Par. 6. The foregoing statements and representations are gro5* exaggerated, false, and misleading. In truth and in fact, the use © said hair and scalp preparations, either alone or in combination ¥) one another, does not constitute a cure or remedy for falling halt baldness, dull hair, scalp irritations, or dandruff., Respondent’s prep arations have no therapeutic value in the treatment of such disor? , or conditions in excess of cleansing the hair and scalp, and allay itching due to minor irritations of the scalp, and in facilitating ml removal of accumulated loose dandruff scales. Said preparations wt have no therapeutic value in the treatment of baldness and will ® dull halt cause new hair .to grow. Respondent's preparation Bee-Dew 0-No, Will give protection from body odors for a limited time only, and will not give complete protection from such odors. ·

PAR. 7. The use by the respondent of the afore,said, false, deceptive, and misleading statements and representations, and others of a similar nature, 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 statements and representations are true, and to induce a number of the purchasing public,· because of such erroneous and mistaken belief, to purchase respondent's said preparations.

(X)INCLUSION

The aforesaid 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 Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, ih which answer respondent admits all the material allega- .hons of fact set forth in said complaint and st.ates that she waives aU intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and its conclusion that said respondent has violated the provisions of the Federal ·. It i8 ordered that the respondent, Viv~an S. Nash, individually and trading under the name of Dee-Dew Cosmetic Co., or trading under any other name, and her agents, representatives, and employees, directly orthrough· any corporate or other device, in cdnnection with t?e. offering for sale, sale, and distribution of her cosmetic preparations 'designated "Bee-Dew Special Hair Grower," "Dee-Dew Special li-Gro," "Dee-Dew Scalp Oil," ·"Dee-Dew. Shampoo," "Dee-Dew Pressing Oil," "Bee-Dew U-Gro," and "Dee.-De~ 0-No,"'or any other Preparations composed of substantially sin,iilar ingredients or Possessing substantially similar properties, whether sold under the same names or under any other names, do forthwith cease and desist

1. Disseminating or causing to be disseminated any advertisement by means of the United States mails or by any means in commerce, mr. C as “commerce” is defined in the Federal Trade Commission Act, which advertisement, oe

(a) represents, directly or by implication, that the preparations designated “Bee-Dew Special Hair Grower,” “Bee-Dew Special U-Gro,” “Bee-Dew Scalp Oil,” “Bee-Dew Shampoo,” “Bee-Dew Pressing Oil,” and “Bee-Dew U-Gro,” either when used alone or 19. combination with one or more of the others, constitute a cure or remedy for falling hair, baldness, dull hair, scalp irritation, or dandruff, or that any of such preparations will promote the growth of new hair or have any effect upon the growth of hair; ;

(5) represents, directly or by implication, that said preparation? “Bee-Dew Special Hair Grower,” “Bee-Dew Special U-Gro,” “Bee” Dew Scalp Oil,” “Bee-Dew Shampoo,” “Bee-Dew Pressing Oil,” and “Bee-Dew U-Gro” have any therapeutic values in the treatment of falling hair, baldness, dull hair, scalp irritation, or dandruff, in excess of cleansing the hair and scalp, allaying itching due to minor scalp irritations, and facilitating the removal of loose dandruff scales; _

(c) uses the word “grow” or “grower,” or any other word which is similar thereto either in spelling or in phonetics, to designate describe the preparations now designated “Bee-Dew Special Ht Grower,” “Bee-Dew Special U-Gro,” and “Bee-Dew U-Gro,” % otherwise represents that any of said preparations has any effect up?” the growth of hair; or, .

‘(d) represents, directly or by implication, that the preparation “Bee-Dew O-No” will give complete protection from offensive body odors, or that it will have any effect in excess of affording tempora'J protection from such odors. ;

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” * defined in the Federal Trade Commission Act, of respondent’s 6% metic preparations, which advertisement contains any‘representatio® prohibited in paragraph 1 hereof.

It is further ordered, That the respondent shall, within 60 day® after service upon her of this order, file with the Commission a report in writing setting forth in detail the manner and form in which she has complied with this order,

Complaint