Carter Products, Inc.

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IN THE :MATTER OF CARTER PRODUCTS, INC. AND Sl\IALL & SEIFFER, INC. COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1014 Docket 4960. Complaint, May 8, 1943-Decision, July 14, 1949 Where a corporation engaged in the interstate sale and distribution of a deodorant cosmetic designated as "Arrid," and an advertising agency which for a time prepared, edited, tested, and placed all ad,·ertising material used by it to procure the sale of its said Arrid; in advertisements in newspapers and periodicals and through leaflets, pamphlets, radio continuity a_nd spots, and other advertising mediums, directly and by implication- Falsely represented that the application of Arricl to the area of skin under the arm 'voulcl terminate and bring to an end the flow of perspiration in that area for 1 to 3 days; that Arrid absorbed perspiration, would keep the armpits dry, and would keep them free from the odor of perspiration for 1 to 3 clays; and that it was harmless and would not irritate the skin; The facts being that while its use would reduce the flow of sweat in some persons and under some conditions its application would only temporarily close the sweat glands and reduce the accumulation of perspiration on the surface of the skin; and it would not preyent the flow of sweat, and could not be relied upon to prevent the appearance of perspiration on the surface of the sl>:in; use thereof would cause skin irritation and dermatitis in some !)eople, and, used after shaving, it was not safe and harmless but was capable of irritating the skin and of aggra,ating irritation; With tendency and capacity to mie=lead and deceiye a substantial portion of the purc-hasing public into the erroneous belief that said representations were true, and thereby induce many members of said public to 1mrchase substantial quantities of such preparation:

Held, That such acts and practices under the circumstances set fortl1 were all to the prejudice and injury of tf1e public and constituted unfair and deceptive acts and practices in commerce.

Before 11/r. Everett F. Haycraft, trial examiner. 11/ r. R. P. Bellinger for the Commission.

Breed, Abbott & ill organ, of New York City, for respondents. Co~IPLAINT 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 Carter Products, Inc., a corporation, and Sniall & Seiffer, Inc., a corporation, hereinafter referred to as respondents, have violated the provisions of 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 charg<'>s in that respect as follows: CARTER PRODUCTS, INC., ET AL. 65 64 Complaint PARAGRAPH 1. Respondent, Carter Products, Inc., is a corporation existing under and by virtue of the laws of the State of l\1maryland, with its office and principal place of business located at 53 Park Place, New Yoi·k, N.Y.

PAR. 2. This respondent is now, and for more than 1 year last past has beei1, engaged in the sale and distribution of a deodorant cosmetic preparation designated "Arrid" in commerce among and between the various States of the United States and in the District of Columbia. This preparg.tion is distributed by respondent, Carter Products, Inc., through wholesale drug jobbers, chain stores, and department stores. This respondent causes the afor~said preparation Arrid, when sdd, to be transported from its place of business in the State of ~ ew York to the purchasers thereof located in various other States of the United States and in the District of Columbia. This respondent maintains, and at all times mentioned herein has maintained, a course of trade in its aforesaid preparation in commerce between and among the various States of the United States and the District of Columbia.

PAR. 3. Respondent, Small & Seiffer, Inc., is a corporation existing under the laws of the State of New York with its principal place of business located •at 24 west Fortieth Street, Nev York, N. Y. This respondent is an advertising agency and, as such, is engaged in formulating, editing, testing, selling, and advising its clients on advertising matters.

This respondent is the advertising representative of respondent, Carter Products, Inc., and prepares, edits, tests, and places all advertising material used by respondent, Carter Products; Inc., to promote the sale of the aforesaid deodorant and cosmetic preparation. PAR. 4. The respondents act in conjunction and cooperation with one another in the performance of the acts and practices hereinafter alleged.

· PAR. 5. In furtherance of the sale and distribution of the aforesaid deodorant and cosmetic preparation Arricl, the said respondents have disseminated and are now disseminating and have caused and are now causing the dissemination of, false advertisements concerning the aforesaid deodorant and cosmetic preparation Arrid by the United States mails and by various means in commerce, as commerce is defined in the Federal Trade Commission Act; and these respondents have also disseminated and are now disseminating and have caused and are now causing the dissemination of false advertisements concerning the said preparation, designated as aforesaid, by various me.ans, for the pur·pose of inducing and which are likely to induce, directly or indirectly, Complaint 46F. T. C.

the purchase of the aforesaid preparation in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the false statements and representations disseminated and caused to be disseminated by the United States mails, by insertion in newspapers and periodicals, by means of leaflets, pamphlets, radio continuity and spots, and other advertising media, are the following:

New ... a cream deordorant which safely stops under-arm perspiration. (Picture of a woman's face and a woman's hand.) If you want complete under-. arm protection, you must keep the armpits dry as well as odod.ess. Arrid cream will do both for you, and do it safely. Arrid bas five important advantages: 1. Does not irritate skin. Can be used right after shaving. 2. Does not rot dresses. Arrid has the Approval Seal of the American Institute of Laundering, for being HARMLESS TO FABRICS. 3. No waiting to dry. Use Arrid either before or after you dress. 4. Instantly stops perspiration for 1 to 3 da~·s. ·Removes odor from perspiration, keeps armpits dry.

5. Arrid is a pure, white, greaseless, stainless vanishing cream. Arrid is pleasant to use-is odorless except for a very faint, pleasing scent. It tal\:es but a half minute to use-then you are sure your armpits nre odorless and your dresses free from perspiration stains. Arrid does BOTH. Now 39¢ a jar at all drug and dept. stores more than 10 million jars of Arrid have already been bought.

You too will probably like it. Insist on Arrid. Get a jar today.

ANNR: Right i I"f you want to stop perspiration safely ... use Arrid .. spelled ,A.-R-R-1-D. This remarkable cream is safe in more ways than one for it has been approved by Good Housekeeping and the American Institute of Laundering as ALSO being harmless to skin and to fabrics. Remember, it stops perspiration ... and keeps it stopped safely ... for 1 to 3 days. You can buy Arrid at all drug and department stores ... Over 25 million jars of Arrid have been sold. Don't forget the name; spelled A-R-R-1-D and pronounced ARRID ... The safe way to stop under-arm perspiration! ANNR: Women use more Arrid than any other deodorant because Arrid stops perspiration odor the safe way, the clean way. Arrid actually keeps the armpits dry-like an invisible blotter-so that perspiration odor cannot even start. Arricl-A-R-R-1-D is the largest selling deodorant because it sales dresses from Rtains, and saves YOU from embarrassment. Did you use Arrid today? Arm with Arrid, the dainty white deodorant cream! A"·arded the Good Housekeeping Seal because Arrid is safe. 39¢ a jar at cosmetic counters. Plain deodorants may overcome the offensive odor of under-arm perspiration but n deodorant that also safely stops under-arm perspiration renders a much more important service.

CARTER PRODUCTS, INC., ET AL. 67 64 Findings By stopping the flow of under-arm perspiration altogether, the collection (If odor-('reating body secretions in the armpits is prevented. In addition, clothing is protected against damage from perspiration. PAR. 6. Through the use of the words, phrases, statements, and representations, hereinabove set forth, and others of similar import not specifically set out herein, respondents represent, directly and by implication, that the application of Arrid, to the area of the skin under the arm, will terminate and bring to an end the flow of perspiration in that area for 1 to 3 days; that said preparation absorbs perspiration· and keeps the armpits dry; that it will keep the armpits free from the ardor of perspiration for 1 to 3 days; and that it is harmless and will not irritate the skin.

PAR. 7. The foregoing statements and representations are grossly exaggerated, false, deceptive, and misleading. The use of Arrid will not terminate or bring to an end the flow of under-arm perspiration.. Said preparation will not absorb perspiration and will not keep the armpits dry. It will not keep the armpits :free from the odor of perspiration for 1 to 3 days. Arrid is not harmless. It will irritate the skin of some individuals upon repeated application.

PAR. 8. The use by the respondents of the foreging false, deceptive, and misleading words, phrases, statements, and representations, rmd others of similar import not specifically set-out herein, has had and now has the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that said statements and representations are true, and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase the said preparation. PAR. 9. The aforesaid acts and practices of respondents 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 l\fay 8, 1943, issued and subsequently served its complaint in this proceeding upon the respondents, Carter Products, Inc., a corporation, and Small & Seiffer, Inc., a corporation, charging them with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of the answer of the respondents thereto, testimony, and other evidence in support 854002-52--8 Findings 46F. T. C.

of and in opposition to the allegations of said complaint were taken before a trial examiner of the Commission, theretofore duly designated by it, and said testimony and other evidence were duly recorded and fried in the office of the Commission. Thereafter, this proceeding regularly came on for final hearing before the Commission upon said ·complaint, answer thereto, testimony and other evidence, recommended .decision of the trial examiner and exceptions filed thereto, briefs filed in support of the complaint and in opposition thereto, and oral argument of counsel; and the Commission, having duly considered the matter and having entered its order disposing of the exceptions filed to the recommended decision of the trial examiner, 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 con- .clusion drawn therefrom.

FINDING~:! AS TO THE FAC'~'S PARAGRAPH 1. Respondent, Carter Products, Inc., is a Maryland corporation, having its office and principal place of business at 53 Park Place, New York, N.Y.

PAR. 2. Said respondent, Carter Products, Inc., is now, and for more than 1 year last past has been engaged in the sale and distribution <>f a deodorant cosmetic preparation designated as "Arrid" in commerce among and bet\veen the various States of the United States and in the District of Columbia. This preparation is distributed by respondent, Carter Products, Inc., through \vholesale drug jobbers, ·chain stores, and department stores. This respondent causes the aforesaid preparation Arrid, when sold, to be transported from its place of business in the State of New York to the purchasers thereof located in various other States of the United States and in the District of Columbia. This respondent maintains, and at all times mentioned herein has maintained, a course of trade in its aforesaid preparation in commerce between and among the various States of the United States and in the District of Columbia.

PAR. 3. Feminine Products Co. was the original distributor of the said preparation Arrid, at which time Feminine Products Co. was a New York corporation located at 53 Park Place, New York, N.Y., and was a subsidiary of respondent Carter Products, Inc., which took over the assets of said Feminine Products Co. upon its dissolution in 1937. PAR. 4. Respondent, Small & Seiffer, Inc., is a New York corporation, with its principal office and place of business at 24 \Vest Fortieth Street, New York, N. Y. Said respondent is an advertising CARTER PRODUCTS, INC., ET AL. 69 64 Findings agency, and as such, is engaged in formulating, editing, testing, and selling advertising material and advising its clients on advertising matters. This respondent was the advertising representative of respondent, Carter Products, Inc., prior to October 1, 1946, and in such capacity prepared, edited, tested, and placed all advertising material used by respondent Carter Products, Inc., to promote the sale of the aforesaid preparation Arrid.

PAR. 5. The said respondents, Carter Products, Inc., and Small & Seiffer, +nc., acted in conjunction and cooperation with one another in the performance of the acts and practices hereinafter set forth and described.

PAR. 6. In furtherance of the sale and distrib{ltion of the aforesaid deodorant cosmetic preparation Arrid, the said respondents disseminated and prior to October 1, 1946, were disseminating, and caused and prior to October 1, 1946, were causing the dissemination of false advertisements concerning the aforesaid deodorant and cosmetic prep- . aration, Arrid, by United States mails and by various means in commerce, as "commerce" is defined in the Federal Trade Commission Act. The respondent, Carter Products, Inc., is now disseminating and causing the dissemination of false advertisements concerning the aforesaid preparation, Arrid, by United States mails and by various means in commerce, as commerce is defined in the Federal Trade Commission Act.· The said respondents have also disseminated and prior to October 1, 1946, were disseminating, and have caused, and prior to October 1, 1946, were causing, the dissemination of false advertisements concerning the said preparation designated as aforesaid by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of the aforesaid preparation, Arrid, in commerce, as "commerce" is defined in the Federal Trade Commission Act. The respondent, Carter Products, Inc., is now disseminating and now causing dissemination of false advertisements concerning the said preparation designated as aforesaid, by various means, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of the aforesaid preparation, Arrid, in commerce, as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the statements and representations disseminated and caused to be disseminated by United States mails, by insertions in newspapers and periodicals, by means of leaflets, pamphlets, radio continuity and spots, and other advertising mediums, are i he following:

A. Now-a cream deodorant which ·safely stops under-arm perspiration. (Picture of a woman's face and a woman's hand.) If you want complete under-· Findings 46 F. T. C arm protection, you must keep the armpits dr~· as well as odorless. Arrid cream will do both for you, and do it safely. Arrid has five important advantages: 1. Does not irritate skin. Can be used right after shaving. 2. Does not rot dresses. Arrid has the approval seal of the American Institute of Laundering. for being harmless to fabrics. 3. No waiting to dry. Use Arrid either before or after ~-ou dress. 4. Instantly stops perspiration for 1 to 3 days. Removes odor from perspiration, keeps armpits dry.

5. Arrid is a pure, white, greaseless, stainless vanishing cream. B. Arrid is pleasant to use-is odorless e-xcept for a Very faint, pleasing scent. It takes just a half minute to use--then you are sure your armpits are odorless and your dresses free from perspiration stains. Arrid tloes BOTH. Now 39¢ a jar at all drug and dept. stores. l\lore than 10 million jars of Arrid have already been bought.

You too will probably like it. Insist on Arrid. Get a jar today. C. ANNR: Right! If yon want to stop perspiration safely ... use Arricl .. spelled A-R-R-I-D. This remarkable cream is safe in more ways than one for it has been approved by Good Housekeeping and the American Institute of Laundering as ALSO being harmless to skin and to fabrics. Remember, it stops perspiration ... and keeps it stopped safely ... for 1 to 3 clays. You ~an buy Arricl at all drug and department stores ... Over 2;:1 million jars of Arricl have been sold. Don't forget the name; spelled A-H-R-I-D and pronounced Arricl ... The safe wny to stop under-arm perspiration! D. ANNR: \Vomen use more Arrid than any other deotlornut because Arrid stops perspiration odor the safe way, the clean way. Arricl actuallr keeps the armpits dry-lil~e an invisible. blotter-so that perspiration odor cannot even start. Arrid-A-R-R-I-D is the larg-est selling deodorant because it saves dresses from stains and save YOU from embarrassment. Did you use Arricl today? Arm with Arrid. the dainty white deolloranf cream! Awarded the Good Housekeeping seal because Arricl is safe. 39¢ a jar at cosmetic counters. E. Plain deodorants may overcome the offensive odor of under-arm perspiration but a deodorant that also safely stops under-arm perspiration renders a much more important service.

F. By stopping the flow of under-arm perspiration altogether, the collection of odor-creating body secretions in the armpits is prevented. In addition, clothing is protected against damage from perspiration. PAR. 7. In addition to the foregoing statements and representations, respondents have at times indicated used the following qualifying statements in smaller type on cartons in giving directions for use of the said preparation Arrid:

A. Cover arm pit. Rub gently until cream Yanishes. Wipe off excess. Use daily if necessary. (Since 1939) B. Use as frequently as you find necessan'. (Since 1939) C. Important. Use daily for constant protection. (Since 1946) D. Some people perspire more. than others. The~· should use more cream. Apply Arrid at any time. Best when applied before going to !Jed. (Since Hl±2) CARTER PRODUCTS, INC., ET AL. 71 64 Findings PAR. 8. Through the use of the statements and representations hereinabove quoted, and others of similar inii)ort not specifically set.,out l1erein, respondents represent, and have represented, directly and by implication, that the application of Arrid, to the area of the skin under the arm, will terminate and bring to an end the flow of perspiration in that area for 1 to 3 days; that said preparation absorbs perspiration and keeps the armpits dry; that it will keep the armpits free from the odor of perspiration for 1 to 3 clays; and that it is harmless and will not irritate the skin.

PAR. 9. The Commission finds that the foregoing statements and representations are grossly exaggerated, false, deceptive, and misleading. The use of Arrid will not terminate or bring to an end the flow of underarm perspiration. Its use will not absorb perspiration to the extent of keeping the armpits dry. It .will not keep the armpits dry or free from the odor of perspiration for 1 to 3 days. This preparation is not harmless, and its use will cause skin irritations, and dermatitis in some people. If used after shaving Arrid is not safe and harmless, but is capable of irritating the skin, and of aggravating irritation.

PAR. 10. The following constitute the formulae for the said preparation Arrid at the respective times mentioned : In 1936 : Percent Aluminum sulphate___________________________________________ 10. 6 Water------------------------------------------------------- 47.7 Emulsif;ring agents___________________________________________ 8. 2 Waxes and inerL--------------------------------------------- 30. 8 Titanium dioxide--------------------------------------------- 2.5 Perfume---------------------~------------------------------- . 2 ln 1940:

Aluminum sulphate------------------------------------------- 13. 7 Emulsifying agents------------------------------------------- 9. 2 Waxes and inert--------------------------------------------- 31.8 Water------------------------------------------------------- 42.6 Titanium dioxide--------------------------------------------- 2.6 Perfume----------------------------------------------------- .1 Present:

Aluminum sulphate------------------------------------------- 12. 2 Water------------------------------------------------------- 51.8 Ernulsifying agents------------------------------------------- 9.0 Waxes and inert---------------------------------------------- 25.4 Titanium dioxide_____________________________________________ 1.5 Perfume_____________________________________________________ .1 PAR. 11. Sweat is the substance which is formed in the sweat glands before it appears on the surface of the skin. In the general sense, Findings 46 F.1.\ C. perspiration means any secretion that passes through the surface of the body, which would include sweat and water that come through the surface of the skin where there are no sweat glands. In a more limited sense, it refers to the secretion of the sweat glands after it appears on the surface of the skin plus accumulated debris nnd dirt that col1acts there from various sources, and which, if left on the surface of the skin, will give off the characteristic odor of sweat. There are bvo kinds of perspiration, sensible and insensible. Sensible perspiration is that which can be seen and felt; insensible can neither be seen nor felt. It includes water that passes through the surface of the skin regardless of the s.weat glands if it evaporates rapidly enough so that it cannot be seen or felt. Insensible perspiration is sometimes referred to as "transpiration," which is the passage of water through the surface of the skin regardless of the presence of sweat glands.

PAR. 12. There are two types of sweat glands in the under-arm area of human beings, the exocrine and the apocrine. The exocrine glands are the ordinary garden variety of sweat glands, whereas the apocrine glands are larger and may produce a strong odor, -..;which usually is peculiar to the individual and is given off by the perspiration. The sweat glands are below the surface of the skin and each has an opening or a duct which leads to the surface, and is referred to as the mouth of the sweat gland. It is assumed by the medical profession that the apocrine glands are analogous to the glands which, in the ]ower animals, secrete a distinctive odor at mating time to attract th~ opposite sex, and that these glands at one time functioned in humans for the same purpose.

PAR. 13. The principal active ingredient of "Arricl is aluminum sulphate, an astringent, which, upon application to the surface of the skin tends to cause a swelling which contracts or closes the mouths of the s''eat glands, both exocrine and apocrine, and thus reduces the flow of the sweat. The swelling gradually goes down after a short period of time, and the sweat again flows freely from the glands. The extent of the reduction of the flow of sweat depends upon the temperature, the humidity, the physical activity of the individual, and the degree of tendency to perspire peculiar to the particular individual. PAR. 14. The application of Arrid to the skin will not prevent the flow of sweat from the sweat glands nor the formation of perspiration, and cannot be relied upon to prevent the appearance of perspiration on the surface of the skin. It will reduce the flow of sweat in those users who lead a some,vhat inactive life or who are only mildly susceptible to formation of perspiration when conditions of humidity and CARTER PRODUCTS, INC., ET AL.

64 Order temperature are not very conducive thereto. The application of Arrid will only temporarily close the mouths of the sweat glands and reduce the accumulation of perspiration on the surface of the skin. Although it will not prevent the appearance of perspiration on the· skin, its use will substantially reduce the flow of sweat in persons who are inclined to perspire freely.

PAR. 15. The use by respondents of the aforesaid false, deceptive,. and misleading statements and representations has had, and now has, the tendency ancl capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that said statements and repre-sentations are true, and to induce many members of the purchasing public, because of such erroneous and· mistaken belief, to purchase substantial quantities of said preparation .. CONCLUSION The aforesaid acts and practices of respondents 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, answer of respondents, testimony, and other evidence in support of the complaint and in opposition thereto, taken before a trial examiner of the Com-· mission theretofore duly designated by it, the recommended decision of the trial examiner and exceptions filed thereto, briefs filed in support of the complaint and in opposition thereto! and oral argument of counsel; and the Commission, having: made its findings as to the facts and its conclusion that the 1~~spondents have violated the provisions of the Federal Trade Commission Act: It is m·dered, That the respondents, Carter Products, Inc., a corporation, and Small & Seiffer, Inc., a corporation, and their respective agents, representatives, and employees~ directly or through any corporate or other device in connection with the offering for sale, sale· or distribution of a cosmetic preparation designed "Arrid," or any other product of substan6ally similar composition or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith cease and desist from: 1. Disseminating or causing to be disseminated, by means of the United States mails or by any means in commerce, as "commerce" is. Order 46 F. T. C.

defined in the Federal Trade Commission Act, any advertisement which represents, directly or through inference: (a) That the application of said preparation stops under-arm perspiration, or that it will be more than temporarily effective in reducing the flow of perspiration.

(b) That said preparation will be more than temporarily effective in keeping the armpits dry or odorless.

(c) That the use of said preparation immediately after shaving will not irritate the skin.

(d) That the said preparation will be more than temporarily effective in preventing the accumulation of odor-creating body secretions or excretions in the armpits.

(e) That said preparation is safe or harm less to nse, without dis- -closing that it may cause irritation of sensitive skin . . 2. Disseminating or causing to be disseminated, by any means, for the purpose of inducing, or which is likely to incluce, directly or indirectly, the purchase of sad preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act, any advertisement which contains any of the representations prohibited in paragraph 1 hereof.

It is fu.rthe,r ordered, That the respondents shall within 60 clays 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.

KREXGEL MANUFACTURING CO., INC., ET AL. 75· Complaint