Aurine Co.. Inc

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

IN THE MATTER OF AURINE COMPANY, INC.

MODIFIED ORDER TO CEASE AND DESIST Docket 8998. Order, March 12, 1945 Modified order in proceeding in question in which original order issued on June 26, 1940, 31 F.T.C. 292, requiring respondent, its officers, etc., in connection with the offering, etc., of its preparation "Aurine," to cease and desist from disseminating advertisements which represent said preparation as a cure or remedy for deafness or partial deafness or as having any therapeutic value in the treatment thereof, or as a competent or effective treatment for said condition or for ringing or buzzing head noises due to hardened wax in the ear, etc., and from representing that it makes refunds to dissatisfied purchasers, etc., as in order set forth. Mr. J: W. Brookfield, Jr. for the Commission.

Mr. Frank E. Gettleman, of Chicago, Ill., for respondent. MODIFIED ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission on the complaint of the Commission and the answer of respondent, and the matter having been set for hearing, a stipulation of facts was dictated into the record in lieu of the taking of testimony in support of the charges stated in the complaint and in opposition thereto, the filing of bliefs and the filing of a trial examiner's report having been expressly waived, and the Com~ mission having duly made and issued its findings as to the facts, conclusion and order to cease and desist dated June 26, 1940, and the Commission having further considered said order to cease and desist heretofore issued and being of the opinion that the public interest requires that a modified order to cease and desist should be isl:lued in said cause, ancl the Commis~ sion having given due notice to the respondent to show cause on December 21, 19-14, why this case should not be reopened for the purpose of modify~ ing said order to cease and desist, and the Commission having considered the matter and the record herein and having issued its 9rder modifying said order in certain respects, issues this its modified order to cease and desist.

It is ordered, That the respondent, Aurine Company, Inc., a corporation, its officers, agents, representatives and employees, directly or through any corporate or other device in connection with the offering for sale, sale or distribution of its medicinal preparation designated Aurine, or any other medicinal preparation composed of substantially similar properties whether sold under the same name or any other name, do forthwith cease and desist from directly or indirectly- !. Disseminating or causing to be disseminated any advertisement by means of the United States mails or by any means in commerce as "com~ merce" is defined in the Federal Trade Commission Act, which advertise~ ment represents, directly or through inference: (a) That said preparation is a cure or remedy for or has any therapeutic value in the treatment of deafness or partial deafness; AURINE COMPANY, INC. 195 194 Order (b) That said preparation is a competent or effective treatment for deafness or partial deafness, or ringing or buzzing head noises due to hardened or coagulated wax in the ear;

(c) That the use of said preparation will materially benefit or relieve t~mporary deafness or ringing or buzzing head noises due to an accumulatron of wax in the ear, except that its use will soften such wax and thereby facilitate its removal by other means.

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 of said preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisement contains any of the representations prohibited in paragraph 1 hereof. 3. Representing that respondent makes refunds to dissatisfied purchasers of said preparation when it does not in fact maintain a definite Policy and practice of making such refunds.

. It is further ordered, That the respondent shall within 60 days after servl?e upon it of this order file with the Commission a report in writing setting forth in detail the mannor and form in which it has complied with this l)rder.

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Complaint 40 F. T. C.