Clairol, Inc.

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

IN THE 11ATTER OF ..

CLAIROL, INC. AND JOAN GELB, LEON A. SPILO, AND MORRIS GELB MODIFIED CEASE AND DESIST ORDER Docket 3615. Order, January 25, 1945 Modified order, pursuant to provisions of Section 5 (i) of the Federal Trade Commission Act, and in accordance with decree below referred to, in proceeding in question, in which original order issued on October 8, 1941, 33 F.T.C. 1450, and in which the Circuit Court of Appeals for the Second Circuit, on August 14, 1944, Gelb v. Federal Trade Commission, 144 F. (2d) 58~), 39 F.T.C. 694, rendered its opinion, and on September 19, 1944 issued its decree modifying the Commission's aforesaid order in certain respects and affirming the same as therein modified; Requiring respondent individuals, in connection with the offer, etc., in commerce, of respondents' cosmetic preparations, to cease and desist from misrepresenting their nature, properties, source, and safety, as in said order in tletail below set out. Modified ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission, and it appearing that on October 8, 19-H, the Commission made its findings as to the facts herein and concluded therefrom that the respondents, Joan Gelb, Leon A. Spilo and Morris Gelb had violated the provisions of Section 5 of the Federal Trade Commission Act and on October 8, 1941 issued and subsequently served its order to cease and desistupon said respondents; and it further appearing that on September 19, 1944, the United States Circuit Court of Appeals for the Second Circuit issued its decree modifying the aforesaid order in certain respects and affirming said order as therein modified.

Now therefore, Pursuant to the provisions of Subsection (i) of Section 5 of the Federal Trade Commission Act, the Commission issues this, its modified order to cease and desist in conformity vvith said decree. It is ordered, That said individual respondents, Joan Gelb, Leon A. Spilo and Morris Gelb, their representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution in commerce, as "commerce" is defined in the Federal Trade Commission Act, of their cosmetic preparations designated generally as "Clairol" and more specifically designated as "Instant Clairol" and "Progressive Clairol," or any other preparations of substantially similar composition or possessing substantially similar properties, whether sold under the same names or under any other names, do forthwith cease and desist from:

1. Representing that said preparations are not hair dyes. 2. Hepresenting that said preparations restore the natural or youthful color of the hair.

3. Representing that the effect produced upon the color of the hair by the use of said preparations is permanent.

4. Representing that said preparations supply nourishment to the hair. 5. Representing that said preparations are made or compounded in France.

Order 40 F. T. C.

6. Representing that the number of treatments of said preparations used by the public is greater than is the fact. • 7. Representing that said preparation Instant Clairol is harmless or safe for use.

It is further ordered, That said individual respondents shall, within 30 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 they have complied with this order. . The corporate respondent, Clairol, Inc., having been dissolved, It is further ordered, that this proceeding be, and it hereby is, dismissed as to said corporate respondent.

AMERICAN SCHOOL OF COMMERCE, ET AL. 51 Syllabus