Gustave Goldstein

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

In THE MATTER OF GUSTAVE GOLDSTEIN TRADING AS HUMANIA HAIR GOODS & SPECIALTY Coo.

COMPLAINT, AND MODIFIED FINDINGS AND ORDER IN REGARD TO THE AL- LEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT, 26, Docket 5249. Complaint, Nov, 21, 1944—Decision, June 16, 1950 Where an individual engaged in the interstate sale of certain cosmetic preparations for the skin, hair, and scalp; in advertising in catalogs distributed throughout the United States by the mails and by other means in commerce— (a) Represented that his “B. Paul’s Compound” for coloring the hair was composed of harmless ingredients and could be used without harmful effects; notwithstanding the fact that by virtue of its pyrogallic acid content, a caustic, use thereof would under certain conditions irritate the skin and mucous membranes; .

(b) Falsely represented that “Herolin Skin Cream” provided a competent and effective treatment for superficial pimples and skin marks of external origin ; (c) Represented that ‘“‘Henry’s Super-Light Working Oil,” “Working Oil,” and “Henry’s Sulphur Lanolin Treatment for Hair and Scalp” were competent and effective treatments for itchy scalp and dandruff, and that ‘“Henry’s Sulphur Lanolin Treatment” for hair and scalp was a competent and effective treatment for baldness, falling hair, itchy scalp, and dandruff ; The facts being that while said preparations might in most cases temporarily relieve itching of the scalp caused by minor scalp disorders and might make loose dandruff scales less noticeable by matting them to the hair and scalp, none of them was a competent, effective, or adequate treatment for many of the underlying causes of itching scalp or dandruff; use thereof would not relieve itching in some scalp conditions; and use of said last-named preparation would not prevent falling hair or baldness and was not a competent or effective treatment therefor; and (d) Falsely represented that “Humania Dandruff Treatment” was a competent and effective treatment for dandruff and would cure it; With tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that such representations were true and thereby induce its purchase of substantial quantities of his said preparations:

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

In said proceeding in which the complaint also charged, and in which the Commission had theretofore found, as set forth in its prior findings issued on April 27, 1945, 40 F. T. C. 466, that respondent’s advertisements concerning certain of his preparations constituted false advertisements for failure to reveal certain potential dangers in the use thereof, in that— 1. Said “B. Paul’s Compound,” when applied to the skin was potentially dangerous by reason of its pyrogallic acid content—as to which it appeared, HUMANIA HAIR GOODS & SPECIALTY CO. 937 936 , Complaint after the reopening of the instant proceeding, that it consisted of 98 to 99 percent of henna (varying with the shade), together with small percentages of copper sulphate and pyrogallic acid, and that, when used in accordance with directions, it is unlikely to be seriously injurious to health ; 2. Said “Apex Skin Bleach,’ when applied to the skin was similarly dangerous, by reason of its ammoniated mercury content—as to which it similarly appeared that a product of the composition of said bleach containing less than 5 percent of ammoniated mercury, when used in accordance with the directions therefor, it is unlikely to be seriously injurious; 3. Said “Magic Shaving Powder,” a depilatory,- when applied to the skin was potentially dangerous by reason of its irritating ingredients, which included barium sulfide, calcium hydroxide, calcium carbonate, and powdered corn starch (in different proportions for its “full strength” and “medium strength” products)—as to which it similarly appeared from the evidence that products of such composition when used in accordance with directions are unlikely to be seriously injurious; and 4, Certain hair dye preparations, namely, “Luxe Hair Coloring,” “Eau Sublime,” and “Godefroy’s Larieuse” when applied to the skin were potentially dangerous by reason of their para-phenylenediamine content—as to which it similarly appeared from the record that the cautionary statement on the label and the accompanying directions were in all respects adequate to enable purchasers to make preliminary safety tests with respect to the individual skin sensitiveness, and that the Commission had determined on November 24, 1948 (acting under its statement of policy promulgated on December 11, 1946, as amended on March 2, 1948), that it would not thereafter consider any advertisement of the coal tar hair dye of the “para” type as false merely because of its failure to reveal that the preparation was potentially dangerous by reason of its aforesaid content when the label bore such a statement and the accompanying directions were adequate for preliminary testing:

The Commission was of the opinion and found that respondent’s advertisements of his various aforesaid preparations, as set forth in paragraphs 1 to 3 above, did not constitute false advertisements because of their failure to reveal that such preparations are potentially dangerous by reason of the facts above set forth; and was accordingly of the opinion that said previous findings to the contrary should be set aside; and The Commission was of the further opinion and found, as respects said lastnamed preparations, that respondent’s advertisements under the Commission’s present policy did not constitute false advertisements because of their failure to reveal that they are potentially dangerous by reason of their paraphenylenediamine content, and that by reason of said fact it would be in the public interest for its previous findings to such-effect to be set aside. Mr. B. G. Wilson for the Commission.

Reeves, Todd, Ely & Beaty, of New York City, for respondent. Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Complaint 46 F.T.C.

Trade Commission, having reason to believe that Gustave Goldstein, an individual, trading as Humania Hair Goods & Specialty Co., hereinafter referred to as respondent, has violated the provisions of the 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 charges in that respect as follows: Paracrary 1. The respondent Gustave Goldstein is an individual trading as Humania Hair Goods & Specialty Co., with his office and principal place of business at 303 Fourth Avenue, New York, N. Y. Par. 2. The respondent is now and for more than 2 years last past has been engaged in the business of selling and distributing cosmetic preparations under various names, among them being: Luxe Hair Coloring, Eau Sublime, B. Paul’s Compound, Herolin Skin Cream, Godefroy’s Larieuse, Apex Skin Bleach, Magic Shaving Powder, Henry’s Super-Light Working Oil, Working Oil, Henry’s Sulphur Lanolin Treatment for Hair and Scalp, and Humania Dandruff Treatment, in commerce between and among the various States of the United States and the District of Columbia.

Respondent causes said preparations, when sold, to be transported from his said place of business in the State of New York to purchasers thereof located in various other States of the United States and in the District of Columbia.

Respondent maintains, and at all times mentioned herein has maintained, a course of trade in his said preparations in commerce between and among the various States of the United States and the District of Columbia.

Par. 3. In the course and conduct of his aforesaid business, respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said preparations by United States mails and by various other means in commerce as “commerce” is defined in the Federal Trade Commission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said preparations by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his said preparations in commerce as “commerce” is defined in the Federal Trade Commission Act. Among and typical of the false, deceptive and-misleading statements and representations contained in the false advertisements disseminated and caused to be disseminated, as hereinabove set forth, in catalogs distributed throughout the United States by United States mails, and by other means in commerce, are the following: HUMANIA HAIR GOODS & SPECIALTY CO. 939 9365 1 1 1 2 2 1090 542 165 38 96.072037 Complaint2 1 2 0 0 0 553 616 1039 171 -1 3 1 2 1 0 0 553 616 1039 171 -1 4 1 2 1 1 0 559 616 1033 46 -1 5 1 2 1 1 1 559 620 301 42 96.537796 Representations5 1 2 1 1 2 878 619 84 32 96.510170 with5 1 2 1 1 3 980 616 182 45 96.587242 respects 1 2 1 1 4 1131 612 41 54 93.200661 to5 1 2 1 1 5 1180 620 39 30 91.632477 B.5 1 2 1 1 6 1238 618 115 32 92.788284 Paul’s5 1 2 1 1 7 1372 617 220 42 96.374748 Compound:4 1 2 1 2 0 553 687 952 33 -1 5 1 2 1 2 1 553 689 88 25 96.238701 Made5 1 2 1 2 2 655 689 31 25 96.385185 of5 1 2 1 2 3 699 689 166 30 96.286011 pulverized5 1 2 1 2 4 880 690 80 23 96.461044 roots5 1 2 1 2 5 975 689 59 24 96.515472 ands 1 2 1 2 6 1048 689 83 25 96.484695 others 1 2 1 2 7 1145 689 144 24 95.413086 harmless5 1 2 1 2 8 1305 687 200 33 92.925797 ingredients.5 1 2 1 2 9 1502 683 8 43 81.860962 |4 1 2 1 3 0 559 743 1008 44 -1 5 1 2 1 3 1 559 745 301 42 96.650055 Representations5 1 2 1 3 2 875 745 84 31 96.641373 with5 1 2 1 3 3 973 749 129 36 96.452904 respects 1 2 1 3 4 1115 749 36 28 93.198769 to5 1 2 1 3 5 1165 744 145 32 93.076553 Herolin5 1 2 1 3 6 1327 743 86 33 96.552414 Skins 1 2 1 3 7 1428 743 139 33 95.770935 Cream:2 1 3 0 0 0 517 812 1315 233 -1 3 1 3 1 0 0 517 812 1315 110 -1 4 1 3 1 1 0 554 812 1278 37 -1 5 1 3 1 1 1 554 812 31 25 96.213860 If5 1 3 1 1 2 604 818 72 24 96.213860 yours 1 3 1 1 3 696 814 118 24 96.929619 surfaces 1 3 1 1 4 835 814 65 24 96.861412 skins 1 3 1 1 5 920 814 26 35 96.821915 is5 1 3 1 1 6 967 815 47 23 96.454239 too5 1 3 1 1 7 1035 814 73 24 96.639915 dark5 1 3 1 1 8 1129 814 57 25 96.401505 dues 1 3 1 1 9 1204 815 31 24 95.685837 to5 1 3 1 1 10 1254 819 141 24 96.169029 exposure5 1 3 1 1 11 1416 813 29 24 95.678009 to5 1 3 1 1 12 1466 818 54 19 96.152596 sun5 1 3 1 1 13 1542 812 58 25 96.152596 ands 1 3 1 1 14 1619 812 87 28 96.724930 wind,5 1 3 1 1 15 1728 812 58 24 96.148827 ands 1 3 1 1 16 1805 812 27 24 96.148827 is4 1 3 1 2 0 517 853 1315 33 -1 5 1 3 1 2 1 517 855 160 26 96.299660 blemished5 1 3 1 2 2 691 857 37 28 96.070084 by5 1 3 1 2 3 743 856 165 29 96.528671 superficial5 1 3 1 2 4 922 857 121 29 94.496864 pimples5 1 3 1 2 5 1054 857 62 25 91.239784 ands 1 3 1 2 6 1131 857 98 24 96.803673 marks5 1 3 1 2 7 1245 856 32 25 96.428772 of5 1 3 1 2 8 1292 856 132 24 96.391243 external5 1 3 1 2 9 1440 855 103 29 96.737480 origin,5 1 3 1 2 10 1559 856 48 29 91.884659 try5 1 3 1 2 11 1623 854 122 25 91.605049 Herolin5 1 3 1 2 12 1762 853 70 25 96.850510 Skin4 1 3 1 3 0 517 897 112 25 -1 5 1 3 1 3 1 517 897 112 25 96.333145 Cream.3 1 3 2 0 0 517 951 1315 86 -1 4 1 3 2 1 0 559 951 1273 76 -1 5 1 3 2 1 1 559 953 301 42 96.443901 Representations5 1 3 2 1 2 876 953 85 32 96.250557 with5 1 3 2 1 3 976 957 130 39 96.526505 respects 1 3 2 1 4 1121 958 36 28 91.197021 to5 1 3 2 1 5 1173 953 148 42 91.197021 Henry’s5 1 3 2 1 6 1338 953 110 74 96.484230 Super5 1 3 2 1 7 1451 953 121 41 91.963989 -Lights 1 3 2 1 8 1588 952 170 42 96.731606 Workings 1 3 2 1 9 1775 951 57 33 85.665070 Oi4 1 3 2 2 0 517 1003 341 42 -1 5 1 3 2 2 1 517 1004 69 31 96.281288 ands 1 3 2 2 2 599 1004 169 41 96.177933 Workings 1 3 2 2 3 783 1003 75 33 96.765297 Oil:2 1 4 0 0 0 551 1071 648 33 -1 3 1 4 1 0 0 551 1071 648 33 -1 4 1 4 1 1 0 551 1071 648 33 -1 5 1 4 1 1 1 551 1071 172 26 96.283745 Wonderful5 1 4 1 1 2 735 1073 48 25 96.706154 for5 1 4 1 1 3 796 1073 79 31 96.374634 itchy5 1 4 1 1 4 889 1073 80 29 96.023178 scalps 1 4 1 1 5 983 1073 57 25 96.197281 ands 1 4 1 1 6 1054 1073 145 25 92.410477 dandruff.2 1 5 0 0 0 517 1127 1317 156 -1 3 1 5 1 0 0 517 1127 1317 151 -1 4 1 5 1 1 0 558 1127 1276 64 -1 5 1 5 1 1 1 558 1127 300 42 96.331123 Representations5 1 5 1 1 2 869 1128 84 33 96.510178 with5 1 5 1 1 3 964 1133 130 37 96.240807 respects 1 5 1 1 4 1103 1133 36 28 92.408188 to5 1 5 1 1 5 1149 1130 149 40 92.408188 Henry’s5 1 5 1 1 6 1309 1129 155 41 96.542328 Sulphur5 1 5 1 1 7 1474 1127 148 64 93.077499 Lanolin5 1 5 1 1 8 1634 1129 200 32 95.878220 Treatment4 1 5 1 2 0 517 1176 379 44 -1 5 1 5 1 2 1 517 1176 58 33 96.345901 for5 1 5 1 2 2 588 1178 91 32 96.886292 Hairs 1 5 1 2 3 694 1178 67 33 96.533226 ands 1 5 1 2 4 776 1178 120 42 96.737854 Scalp:4 1 5 1 3 0 551 1234 1281 49 -1 5 1 5 1 3 1 551 1244 152 32 93.088989 Baldness,5 1 5 1 3 2 727 1247 190 31 85.200211 Itchy-Scalp,5 1 5 1 3 3 941 1249 116 29 95.663116 Falling5 1 5 1 3 4 1080 1250 50 24 96.409882 outs 1 5 1 3 5 1153 1250 91 28 93.102890 Hair;5 1 5 1 3 6 1270 1234 154 49 92.324364 Dandruff,5 1 5 1 3 7 1449 1250 62 28 84.527077 ete.,5 1 5 1 3 8 1531 1244 55 30 96.068726 ares 1 5 1 3 9 1610 1250 52 23 96.068726 not5 1 5 1 3 10 1685 1249 147 24 95.952400 inherited2 1 6 0 0 0 516 1286 1316 75 -1 3 1 6 1 0 0 516 1286 1316 75 -1 4 1 6 1 1 0 517 1286 1315 34 -1 5 1 6 1 1 1 517 1286 14 16 88.839516 *5 1 6 1 1 2 570 1288 13 14 82.255112 *5 1 6 1 1 3 623 1288 13 14 89.251343 *5 1 6 1 1 4 673 1288 88 26 79.659775 Don’t5 1 6 1 1 5 777 1290 41 24 96.436279 lets 1 6 1 1 6 833 1290 63 29 96.029541 dry,5 1 6 1 1 7 913 1291 78 28 96.267738 itchy5 1 6 1 1 8 1007 1291 81 29 96.271011 scalps 1 6 1 1 9 1102 1298 33 18 96.584572 or5 1 6 1 1 10 1152 1291 138 24 96.620544 dandruff5 1 6 1 1 11 1306 1291 82 24 96.139435 drives 1 6 1 1 12 1404 1297 57 23 95.175423 you5 1 6 1 1 13 1478 1291 76 24 90.447227 mad.5 1 6 1 1 14 1593 1289 13 16 90.447227 *5 1 6 1 1 15 1645 1289 13 16 90.838341 *5 1 6 1 1 16 1699 1289 12 15 75.474670 *5 1 6 1 1 17 1751 1289 81 26 95.935570 Start4 1 6 1 2 0 516 1328 552 33 -1 5 1 6 1 2 1 516 1328 92 31 93.298592 Using5 1 6 1 2 2 622 1330 124 30 92.031395 Henry’s5 1 6 1 2 3 761 1331 170 27 96.528656 Treatments 1 6 1 2 4 946 1332 122 29 96.204262 tonight.2 1 7 0 0 0 557 1385 1217 44 -1 3 1 7 1 0 0 557 1385 1217 44 -1 4 1 7 1 1 0 557 1385 1217 44 -1 5 1 7 1 1 1 557 1385 301 41 96.610489 Representations5 1 7 1 1 2 874 1386 85 33 96.795364 with5 1 7 1 1 3 976 1388 130 41 96.553528 respects 1 7 1 1 4 1122 1392 35 28 93.229752 to5 1 7 1 1 5 1174 1389 176 31 91.545059 Humania5 1 7 1 1 6 1369 1388 173 32 96.197571 Dandruff5 1 7 1 1 7 1559 1389 215 31 95.467720 Treatment:2 1 8 0 0 0 509 1453 1323 1236 -1 3 1 8 1 0 0 514 1453 1317 200 -1 4 1 8 1 1 0 550 1453 1281 36 -1 5 1 8 1 1 1 550 1453 155 31 95.446098 Dandruff,5 1 8 1 1 2 721 1456 49 24 96.848488 thes 1 8 1 1 3 783 1458 130 28 96.394699 greatest5 1 8 1 1 4 925 1458 49 24 96.384109 foe5 1 8 1 1 5 989 1458 31 24 96.719734 of5 1 8 1 1 6 1033 1458 144 25 96.679314 beautiful5 1 8 1 1 7 1192 1458 67 24 96.797470 hairs 1 8 1 1 8 1273 1459 58 23 95.575470 ands 1 8 1 1 9 1346 1464 18 19 95.575470 a5 1 8 1 1 10 1379 1459 119 28 96.349014 healthy5 1 8 1 1 11 1515 1459 82 30 95.839180 scalps 1 8 1 1 12 1612 1459 25 24 96.741585 is5 1 8 1 1 13 1653 1458 178 29 96.776993 responsible4 1 8 1 2 0 516 1494 1314 36 -1 5 1 8 1 2 1 516 1494 48 24 96.959732 for5 1 8 1 2 2 584 1500 18 18 96.367569 a5 1 8 1 2 3 621 1496 81 28 96.367569 large5 1 8 1 2 4 720 1498 118 28 96.551788 percent5 1 8 1 2 5 857 1498 31 23 96.721497 of5 1 8 1 2 6 907 1494 41 29 96.776054 all5 1 8 1 2 7 967 1504 80 19 96.703644 cases5 1 8 1 2 8 1068 1500 31 24 96.646255 of5 1 8 1 2 9 1118 1500 135 30 96.576744 baldness5 1 8 1 2 10 1273 1500 57 24 95.650085 ands 1 8 1 2 11 1349 1497 106 32 95.674797 falling5 1 8 1 2 12 1475 1500 75 24 95.383286 hair.5 1 8 1 2 13 1588 1500 29 24 96.496292 It5 1 8 1 2 14 1635 1501 26 23 96.496292 is5 1 8 1 2 15 1681 1506 17 18 95.062523 a5 1 8 1 2 16 1719 1501 111 24 95.062523 serious4 1 8 1 3 0 514 1536 1316 34 -1 5 1 8 1 3 1 514 1536 139 26 96.496719 affection5 1 8 1 3 2 673 1539 59 24 95.587395 ands 1 8 1 3 3 752 1540 79 24 95.840347 must5 1 8 1 3 4 850 1539 34 25 96.923401 be5 1 8 1 3 5 904 1540 84 30 96.856323 given5 1 8 1 3 6 1007 1542 159 28 96.675797 persistent5 1 8 1 3 7 1186 1542 166 24 95.401665 treatment.5 1 8 1 3 8 1390 1541 93 25 96.862160 When5 1 8 1 3 9 1504 1542 52 25 96.649658 thes 1 8 1 3 10 1575 1542 89 24 96.448471 whites 1 8 1 3 11 1685 1542 92 25 92.860146 flakes5 1 8 1 3 12 1798 1548 32 19 97.012062 or4 1 8 1 4 0 514 1579 1316 35 -1 5 1 8 1 4 1 514 1579 94 24 96.592407 scales5 1 8 1 4 2 623 1580 66 23 96.401382 that5 1 8 1 4 3 703 1580 128 25 96.793015 indicates 1 8 1 4 4 847 1581 60 25 96.832115 this5 1 8 1 4 5 921 1581 149 27 96.716934 conditions 1 8 1 4 6 1082 1583 86 29 96.507103 begins 1 8 1 4 7 1183 1584 30 24 96.719246 to5 1 8 1 4 8 1228 1584 164 30 96.711876 disappear,5 1 8 1 4 9 1408 1583 37 25 96.738136 do5 1 8 1 4 10 1460 1584 52 24 93.294708 not5 1 8 1 4 11 1526 1584 153 30 92.479652 stop—but5 1 8 1 4 12 1696 1584 134 25 96.396057 continue4 1 8 1 5 0 514 1621 706 32 -1 5 1 8 1 5 1 514 1621 49 24 91.306877 thes 1 8 1 5 2 578 1621 148 25 91.250420 Humania5 1 8 1 5 3 742 1623 138 24 96.103477 dandruff5 1 8 1 5 4 894 1625 158 23 96.923897 treatments 1 8 1 5 5 1066 1626 154 27 96.784775 regularly.3 1 8 2 0 0 511 1680 1321 592 -1 4 1 8 2 1 0 556 1680 1273 43 -1 5 1 8 2 1 1 556 1680 83 33 94.677879 Par.5 1 8 2 1 2 655 1680 29 33 94.203491 7.5 1 8 2 1 3 707 1681 167 41 96.738693 Through5 1 8 2 1 4 889 1681 58 32 96.307571 thes 1 8 2 1 5 962 1691 57 22 96.640411 uses 1 8 2 1 6 1035 1682 38 31 96.988701 of5 1 8 2 1 7 1087 1681 58 32 96.246948 thes 1 8 2 1 8 1161 1681 182 42 96.646385 foregoing5 1 8 2 1 9 1357 1684 199 29 96.602058 statements5 1 8 2 1 10 1572 1683 68 31 93.292023 ands 1 8 2 1 11 1657 1693 172 30 91.543930 represen-4 1 8 2 2 0 512 1731 1317 42 -1 5 1 8 2 2 1 512 1731 129 31 96.363335 tations5 1 8 2 2 2 658 1731 68 32 96.176956 ands 1 8 2 2 3 743 1731 114 32 96.167702 others5 1 8 2 2 4 874 1731 38 32 96.131531 of5 1 8 2 2 5 928 1732 58 31 96.939445 thes 1 8 2 2 6 1003 1743 89 21 96.467331 same5 1 8 2 2 7 1110 1732 129 41 96.467331 imports 1 8 2 2 8 1255 1736 62 28 96.546005 not5 1 8 2 2 9 1332 1731 206 42 96.578934 specifically5 1 8 2 2 10 1556 1736 51 28 96.880432 sets 1 8 2 2 11 1624 1737 61 28 96.852638 outs 1 8 2 2 12 1701 1733 128 40 96.842842 herein,4 1 8 2 3 0 513 1781 1316 43 -1 5 1 8 2 3 1 513 1781 207 41 96.340576 respondents 1 8 2 3 2 739 1785 189 38 96.529633 represents5 1 8 2 3 3 947 1782 76 32 96.915298 that5 1 8 2 3 4 1042 1782 57 33 96.522575 thes 1 8 2 3 5 1118 1782 233 42 93.273613 preparation,5 1 8 2 3 6 1370 1782 40 33 91.888557 B.5 1 8 2 3 7 1431 1782 116 33 91.990967 Paul’s5 1 8 2 3 8 1567 1782 214 42 96.821800 Compound,5 1 8 2 3 9 1801 1784 28 32 96.660515 is4 1 8 2 4 0 513 1831 1315 44 -1 5 1 8 2 4 1 513 1831 178 41 96.668655 composed5 1 8 2 4 2 710 1833 39 30 95.494293 of5 1 8 2 4 3 767 1833 165 30 95.494293 harmless5 1 8 2 4 4 951 1833 209 42 96.469955 ingredients5 1 8 2 4 5 1180 1833 68 32 96.959595 ands 1 8 2 4 6 1267 1845 63 20 96.579430 cans 1 8 2 4 7 1348 1833 40 33 96.707680 be5 1 8 2 4 8 1407 1833 82 33 96.367500 used5 1 8 2 4 9 1508 1833 147 33 96.271759 without5 1 8 2 4 10 1673 1834 155 32 96.093842 harmful4 1 8 2 5 0 516 1879 1316 47 -1 5 1 8 2 5 1 516 1879 131 43 91.942436 effects;5 1 8 2 5 2 665 1882 78 32 93.278221 that5 1 8 2 5 3 759 1881 146 33 92.808792 Herolin5 1 8 2 5 4 923 1881 87 34 96.514816 Skins 1 8 2 5 5 1028 1884 121 33 96.550964 Creams 1 8 2 5 6 1167 1884 158 42 96.792419 provides5 1 8 2 5 7 1344 1896 19 20 95.888000 a5 1 8 2 5 8 1381 1888 193 37 96.433685 competent5 1 8 2 5 9 1591 1885 68 32 96.598595 ands 1 8 2 5 10 1677 1885 155 33 96.789581 effective4 1 8 2 6 0 512 1932 1315 45 -1 5 1 8 2 6 1 512 1935 184 29 95.949677 treatments 1 8 2 6 2 712 1932 57 32 96.912422 for5 1 8 2 6 3 786 1928 193 53 96.662651 superficial5 1 8 2 6 4 1002 1934 139 41 96.338547 pimples5 1 8 2 6 5 1159 1935 67 31 96.459312 ands 1 8 2 6 6 1243 1934 77 32 96.348831 skins 1 8 2 6 7 1336 1934 115 32 96.640984 marks5 1 8 2 6 8 1469 1935 39 32 96.875725 of5 1 8 2 6 9 1525 1936 154 31 96.875725 external5 1 8 2 6 10 1697 1935 130 42 96.037376 origin;4 1 8 2 7 0 512 1981 1315 49 -1 5 1 8 2 7 1 512 1981 78 33 93.087158 that5 1 8 2 7 2 609 1982 149 43 92.958397 Henry’s5 1 8 2 7 3 779 1982 234 44 91.901718 Super-Lights 1 8 2 7 4 1032 1985 170 45 96.492271 Workings 1 8 2 7 5 1222 1985 58 33 96.854012 Oils 1 8 2 7 6 1302 1985 68 32 96.778244 ands 1 8 2 7 7 1390 1985 171 43 96.580017 Workings 1 8 2 7 8 1582 1985 58 34 96.792595 Oils 1 8 2 7 9 1663 1997 57 21 92.242645 ares 1 8 2 7 10 1740 1997 87 21 92.242645 com-4 1 8 2 8 0 512 2033 1317 44 -1 5 1 8 2 8 1 512 2035 117 38 92.709915 petent5 1 8 2 8 2 652 2034 69 32 96.714561 ands 1 8 2 8 3 743 2033 153 33 96.352448 effective5 1 8 2 8 4 916 2038 199 30 95.876595 treatments5 1 8 2 8 5 1139 2035 57 32 95.876595 for5 1 8 2 8 6 1219 2036 94 41 96.496445 itchy5 1 8 2 8 7 1337 2036 93 41 96.212540 scalps 1 8 2 8 8 1454 2036 69 32 96.212540 ands 1 8 2 8 9 1547 2037 180 40 96.364601 dandruff;5 1 8 2 8 10 1751 2037 78 32 96.687950 that4 1 8 2 9 0 511 2082 1316 46 -1 5 1 8 2 9 1 511 2082 150 42 92.609734 Henry’s5 1 8 2 9 2 679 2082 154 43 93.283699 Sulphur5 1 8 2 9 3 849 2084 148 33 90.940216 Lanolin5 1 8 2 9 4 1012 2085 199 34 96.376930 Treatments 1 8 2 9 5 1228 2085 57 34 96.296463 for5 1 8 2 9 6 1300 2085 91 34 96.414116 Hairs 1 8 2 9 7 1408 2086 68 33 96.615288 ands 1 8 2 9 8 1493 2085 104 43 96.246498 Scalps 1 8 2 9 9 1613 2086 30 33 96.424614 is5 1 8 2 9 10 1660 2098 20 21 93.273613 a5 1 8 2 9 11 1697 2097 130 31 91.698059 compe-4 1 8 2 10 0 512 2131 1315 49 -1 5 1 8 2 10 1 512 2136 75 28 96.072830 tents 1 8 2 10 2 604 2131 73 34 96.788216 ands 1 8 2 10 3 700 2133 153 34 96.871208 effective5 1 8 2 10 4 875 2139 183 29 96.843712 treatments 1 8 2 10 5 1081 2136 56 32 96.938835 for5 1 8 2 10 6 1159 2136 168 41 96.902367 baldness,5 1 8 2 10 7 1351 2136 128 43 96.993149 falling5 1 8 2 10 8 1501 2136 89 41 96.768425 hair,5 1 8 2 10 9 1613 2136 96 43 96.626038 itchy5 1 8 2 10 10 1734 2138 93 42 96.575264 scalp4 1 8 2 11 0 512 2183 1317 47 -1 5 1 8 2 11 1 512 2183 69 32 96.077606 ands 1 8 2 11 2 598 2183 162 33 96.129662 dandruff5 1 8 2 11 3 776 2185 69 32 96.839951 ands 1 8 2 11 4 861 2186 77 32 93.269478 that5 1 8 2 11 5 953 2186 176 33 92.540276 Humania5 1 8 2 11 6 1145 2187 174 32 95.972076 Dandruff5 1 8 2 11 7 1336 2188 199 31 96.423752 Treatments 1 8 2 11 8 1552 2187 29 32 96.057060 is5 1 8 2 11 9 1599 2199 20 21 96.473763 a5 1 8 2 11 10 1636 2193 193 37 96.190765 competent4 1 8 2 12 0 513 2232 1154 40 -1 5 1 8 2 12 1 513 2232 68 33 96.864990 ands 1 8 2 12 2 599 2232 153 34 96.810844 effective5 1 8 2 12 3 769 2238 183 30 96.002953 treatments 1 8 2 12 4 970 2237 55 32 96.002953 for5 1 8 2 12 5 1044 2236 162 34 96.414009 dandruff5 1 8 2 12 6 1224 2238 68 32 96.443474 ands 1 8 2 12 7 1309 2238 72 31 96.719063 will5 1 8 2 12 8 1399 2249 78 21 96.476227 cures 1 8 2 12 9 1495 2238 172 34 84.914467 dandruff.3 1 8 3 0 0 509 2280 1319 409 -1 4 1 8 3 1 0 555 2280 1273 52 -1 5 1 8 3 1 1 555 2288 82 33 92.157883 Par.5 1 8 3 1 2 652 2292 28 29 92.157883 5.5 1 8 3 1 3 703 2289 73 33 96.843445 Thes 1 8 3 1 4 789 2280 173 43 96.868263 aforesaid5 1 8 3 1 5 975 2292 197 29 96.729553 statements5 1 8 3 1 6 1186 2289 67 32 96.997551 ands 1 8 3 1 7 1267 2289 286 42 96.629944 representations5 1 8 3 1 8 1569 2301 57 22 96.573669 ares 1 8 3 1 9 1639 2290 98 42 93.306183 false,5 1 8 3 1 10 1750 2291 78 32 92.930336 mis-4 1 8 3 2 0 511 2340 1314 42 -1 5 1 8 3 2 1 511 2340 148 42 96.532913 leading,5 1 8 3 2 2 684 2340 68 32 96.532913 ands 1 8 3 2 3 777 2340 182 41 95.201530 deceptive.5 1 8 3 2 4 1002 2340 44 32 96.335083 In5 1 8 3 2 5 1070 2340 98 31 95.436050 truth5 1 8 3 2 6 1192 2340 68 32 96.785439 ands 1 8 3 2 7 1284 2340 37 31 96.441154 in5 1 8 3 2 8 1345 2340 84 40 96.328568 fact,5 1 8 3 2 9 1454 2340 59 32 96.775894 thes 1 8 3 2 10 1537 2341 223 41 93.290161 preparations 1 8 3 2 11 1786 2340 39 34 92.237473 B.4 1 8 3 3 0 511 2389 1315 43 -1 5 1 8 3 3 1 511 2389 116 33 88.972061 Paul’s5 1 8 3 3 2 641 2390 202 42 96.011627 Compounds 1 8 3 3 3 856 2391 28 31 96.605209 is5 1 8 3 3 4 897 2394 61 28 96.725365 not5 1 8 3 3 5 969 2390 164 32 95.272789 harmless5 1 8 3 3 6 1148 2402 36 20 96.481316 as5 1 8 3 3 7 1197 2391 29 31 96.149826 it5 1 8 3 3 8 1239 2390 154 32 93.288963 contains5 1 8 3 3 9 1406 2390 192 42 92.970428 pyrogallic5 1 8 3 3 10 1613 2391 87 41 96.287865 acid,5 1 8 3 3 11 1714 2392 112 32 96.478554 which4 1 8 3 4 0 510 2440 1317 35 -1 5 1 8 3 4 1 510 2441 29 31 96.627243 is5 1 8 3 4 2 559 2451 19 21 96.283646 a5 1 8 3 4 3 598 2441 127 32 96.272514 caustic5 1 8 3 4 4 743 2441 68 32 96.672821 ands 1 8 3 4 5 829 2440 152 33 96.237740 irritates5 1 8 3 4 6 999 2441 59 32 96.997818 thes 1 8 3 4 7 1075 2440 76 33 96.808479 skins 1 8 3 4 8 1171 2441 68 32 95.320328 ands 1 8 3 4 9 1258 2452 137 22 95.320328 mucous5 1 8 3 4 10 1414 2441 220 33 92.897110 membranes.5 1 8 3 4 11 1678 2442 149 33 91.585495 Herolin4 1 8 3 5 0 511 2490 1314 45 -1 5 1 8 3 5 1 511 2490 87 34 96.176437 Skins 1 8 3 5 2 614 2491 121 33 96.100616 Creams 1 8 3 5 3 751 2491 28 32 96.100616 is5 1 8 3 5 4 794 2494 61 29 95.526939 not5 1 8 3 5 5 869 2503 20 20 96.220894 a5 1 8 3 5 6 904 2495 191 38 96.428223 competent5 1 8 3 5 7 1111 2491 67 33 96.613731 ands 1 8 3 5 8 1193 2491 153 33 96.608246 effective5 1 8 3 5 9 1360 2496 184 28 96.512291 treatments 1 8 3 5 10 1560 2492 58 32 96.583237 for5 1 8 3 5 11 1633 2493 192 42 96.638428 superficial4 1 8 3 6 0 512 2541 1316 46 -1 5 1 8 3 6 1 512 2541 147 42 96.338806 pimples5 1 8 3 6 2 680 2542 68 32 96.927330 ands 1 8 3 6 3 768 2541 72 33 96.176315 will5 1 8 3 6 4 859 2546 61 29 96.949707 not5 1 8 3 6 5 940 2553 133 22 96.121887 removes 1 8 3 6 6 1092 2553 103 34 96.486610 many5 1 8 3 6 7 1215 2542 114 33 95.279205 marks5 1 8 3 6 8 1350 2554 43 21 95.279205 on5 1 8 3 6 9 1414 2544 58 31 95.860268 thes 1 8 3 6 10 1492 2543 88 40 96.488792 skin,5 1 8 3 6 11 1601 2544 168 42 96.526268 although5 1 8 3 6 12 1790 2545 38 32 96.777596 of4 1 8 3 7 0 509 2593 1318 44 -1 5 1 8 3 7 1 509 2593 153 31 96.084671 external5 1 8 3 7 2 678 2593 122 42 95.981163 origin.5 1 8 3 7 3 844 2593 115 32 93.256493 While5 1 8 3 7 4 973 2593 148 41 92.407578 Henry’s5 1 8 3 7 5 1138 2593 234 42 91.919800 Super-Lights 1 8 3 7 6 1387 2593 169 43 96.404190 Workings 1 8 3 7 7 1572 2594 69 41 95.329018 Oil,5 1 8 3 7 8 1657 2596 170 41 96.071762 Working4 1 8 3 8 0 510 2642 1315 47 -1 5 1 8 3 8 1 510 2642 69 41 96.849640 Oil,5 1 8 3 8 2 595 2642 67 32 93.214012 ands 1 8 3 8 3 677 2643 148 41 92.779343 Henry’s5 1 8 3 8 4 841 2643 156 42 92.598206 Sulphur5 1 8 3 8 5 1009 2644 148 33 92.598206 Lanolin5 1 8 3 8 6 1171 2645 199 32 96.444557 Treatments 1 8 3 8 7 1385 2645 57 32 96.807350 for5 1 8 3 8 8 1456 2645 58 32 96.749062 thes 1 8 3 8 9 1529 2645 92 32 96.400803 Hairs 1 8 3 8 10 1636 2647 69 39 96.468613 ands 1 8 3 8 11 1721 2646 104 43 96.631477 Scalp Complaint 46 F, T. C, may, in most cases, temporarily relieve itching of the scalp caused by minor scalp disorders and may make loose dandruff scales less noticeable by matting them to the hair and scalp, none of these preparations is a competent, effective, or adequate treatment for many of the underlying conditions which cause itching scalp, or for dandruff. Their use will not relieve itching in some scalp conditions. Henry’s Sulphur Lanolin Treatment for Hair and Scalp will not prevent falling hair or baldness and is not a competent or effective treatment therefor. Humania Dandruff Treatment will not cure dandruff and is not a competent or effective treatment for dandruff. Par. 6. Respondent has disseminated and is now disseminating advertisements, in the manner aforesaid, with respect to his preparations designated Luxe Hair Coloring, Eau Sublime, Godefroy’s Larieuse in which advertisements these preparations are offered as hair dyes. These advertisements, as well as the advertisements above quoted with respect to B. Paul’s Compound, a hair dye; and Apex Skin Bleach, and Magic Shaving Powder, both offered as preparations to be applied to the skin, constitute false advertisements for the reason that they fail to reveal facts material in the light of the representations therein contained or material with respect to the consequences which may result from the use of the preparations to which the advertisements relate, under the conditions prescribed in said advertisements, or under such conditions as are customary and usual. The preparations Luxe Hair Coloring, Eau Sublime, and Godefroy’s Larieuse are para-phenylenediamine hair dyes and are potentially dangerous in that their use may cause skin irritations. Said preparations should not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness. They should not be used in any event when there is any disease of or eruptions on the skin or the scalp, nor until after a proper patch test has demonstrated that the person is not sensitive to and can resist the effects of said preparation without harmful effects.

The preparation B. Paul’s Compound contains pyrogallic acid, which is a caustic and may cause skin irritation. It should not be permitted to remain on the skin or scalp for prolonged periods of time, should never be used when the skin or scalp is broken or where an eruption is present, and should not be permitted to come into contact with the eyes.

- The preparation Apex Skin Bleach contains ammoniated mercury and is potentially dangerous as it may cause skin irritations. It should not be applied to an area of the skin larger than the face and neck at any one time. Too frequent applications and use over ex- HUMANIA HAIR GOODS & SPECIALTY CO. 941 936 Findings cessive periods of time should be avoided and adequate rest periods between series of treatments should be observed. This preparation should not be used where the skin is cut or broken and in all cases a proper patch test should be made to determine whether the user is sensitive to the preparation. The preparation Magic Shaving Powder contains ingredients which have an irritating effect upon the skin and should not be used by those having tender skins. It should not be allowed to come into contact with the eyes; to do so would cause extreme irritation.

Par. 7. The use by the respondent of the foregoing false, deceptive and misleading statements has had and now has the capacity and tendency to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that said statements, representations and advertisements are true, and that the preparations enumerated in paragraph 6 hereof are harmless and may be used without ill effects to the user, and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase substantia] quantities of respondent’s said cosmetic 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, Mopiriep Finprncs 4s TO THE Facts, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on November 21, 1944, issued and thereafter served upon the respondent, Gustave Goldstein, an individual trading as Humania Hair Goods & Specialty Co., its complaint in this proceeding, charging said respondent with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of that act. After the issuance of said complaint and the filing of the respondent’s answer thereto, a stipulation was entered into by and between.the respondent, Gustave Goldstein, and Richard P. Whiteley, Assistant Chief Counsel of the Commission, in which stipulation it was agreed that, subject to the approval of the Commission, the statement of facts contained therein might be taken as the facts in this proceeding in lieu of testimony in support of the charges stated in the complaint or in opposition thereto, and that the Commission might proceed upon said statement of facts to make its report, stating its findings as to the facts and its conclusion based thereon, and enter its order dis- _ Findings 46 F. T.C.

posing of the proceeding. In said stipulation the respondent expressly waived the filing of a tria] examiner’s report upon the evidence. Subsequently, this proceeding regularly came on for final consideration by the Commission upon the complaint of the Commission, the respondent’s answer thereto, and the stipulation, said stipulation having been approved, accepted, and filed; and the Commission, having duly considered the matter, on April 27, 1945, made and issued its findings as to the facts, its conclusion drawn therefrom, and its order to cease and desist disposing of said proceeding. Thereafter, on April 25, 1949, pursuant to a motion filed by counsel in support of the complaint and consented to by the respondent (which motion was supplemented by additional material filed April 20, 1950) the proceeding was reopened for the purpose of receiving such supplemental evidence as might be offered to determine whether or not changed conditions of fact or the public interest, or both, require a modification of the aforesaid findings as to the facts and order to cease and desist, and, in accordance with this direction, certain supplemental evidence was subsequently received and filed; and the Commission, having duly considered said supplemental evidence and the entire record and being of the opinion that its findings as to the facts and its conclusion issued herein on April 27, 1945, should be modified in certain respects, now makes this its modified findings as to the facts and its conclusion drawn therefrom, the same to be in lieu of said findings as to the facts and conclusion issued on April 27, 1945.

MODIFIED FINDINGS AS TO THE FACTS ParacraPH 1. The respondent, Gustave Goldstein, is an individual trading as Humania Hair Goods & Specialty Co., with his office and principal place of business located at 303 Fourth Avenue, New York, N. Y. .

Par.2 The respondent is now, and for a number of years last past he has been, engaged in the business of selling and distributing certain cosmetic preparations. Included among said preparations are those sold under the following names: “Luxe Hair Coloring,” “Eau Sublime,” “B. Paul’s Compound,” “Herolin Skin Cream,” “Godefroy’s Larieuse,” “Apex Skin Bleach,” “Magic Shaving Powder,” “Henry’s Super-Light Working Oil,” “Working Oil,” “Henry’s Sulphur Lanolin Treatment for Hair and Scalp,” and “Humania Dandruff Treatment.” The respondent causes said preparations, when sold, to be transported from his place of business in the State of New York to purchasers thereof located in various other States of the United States HUMANIA HAIR GOODS & SPECIALTY CO. 943 936 Findings and in the District of Columbia. The respondent maintains, and at all times mentioned herein he has maintained, a course of trace in such preparations 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 his aforesaid business, the respondent has disseminated, and is now disseminating, and has caused, and is now causing, the dissemination of false advertisements concerning said preparations, by the United States mails and by various other means in commerce, as “commerce” is defined in the Federal Trade Commission Act; and the respondent has also disseminated, and is now disseminating, and has caused, and is now causing, the dissemination of false advertisements concerning said preparations by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of such preparations in commerce, as “commerce” is defined in the Federal Trade Commission Act.

Among and typical of the statements and representations contained in the false advertisements, disseminated and caused to be disseminated as hereinabove set forth, in catalogs distributed throughout the United States by the United States mails, and by other means in commerce, are the following:

Representations with respect to “B. Paul’s Compound”: Made of pulverized roots and other harmless ingredients. Representations with respect to “Herolin Skin Cream” If your surface skin is too dark due to exposure to sun and wind, and is blemished by superficial pimples and marks of external origin, try Herolin Skin Cream.

Representations with respect to “Henry’s Super-Light Working Oil” and “Working Oil”:

Wonderful for itchy scalp and dandruff.

Representations with respect to “Henry’s Sulphur Lanolin Treatment for Hair and Scalp”

Baldness, Itchy- Scalp, Falling Out Hair; Dandruff, etc., are not inherited * * * Don’t let dry, itchy scalp or dandruff drive you mad * * * Start using Henry’s Treatment tonight.

Representations with respect to “Humania Dandruff Treatment”: Dandruff, the greatest foe of beautiful hair and a healthy scalp is responsible for a large percent of all cases of baldness and falling hair. It is a serious affection and must be given persistent treatment. When the white flakes or Findings 46F,.T.C.

scales that indicates this condition begin to disappear, do not stop—but continue the Humania dandruff treatment regularly. Par. 4. Through the use of the foregoing statements and representations, and others of the same import not specifically set out herein, the respondent has represented that the preparation, B. Paul’s Compound, is composed of harmless ingredients and can be used without harmful effects; that Herolin Skin Cream provides a competent and effective treatment for superficial pimples and skin marks of external origin; that Henry’s Super-Light Working Oil and Working Oil are competent and effective treatments tor itchy scalp and dandruff; that Henry’s Sulphur Lanolin Treatment for Hair and Scalp is a competent and effective treatment for baldness, falling hair, itchy scalp and-dandruff, and that Humania Dandruff Treatment is a competent and effective treatment for dandruff and will cure dandruff. Par. 5. In the respects and to the extent hereinafter mentioned the aforesaid statements and representations were false, misleading, and cleceptive.

The preparation “B. Paul’s Compound” contains pyrogallic acid, which ingredient is a caustic, and the use of a preparation containing this ingredient will, under certain conditions, irritate the skin and mucous membranes. Insofar as the respondent’s advertising stated or ‘implied that this preparation will not under any circumstances cause injury to the user it was misleading and untrue. Contrary to the respondent’s representations, ‘“Herolin Skin Cream” is not a competent or effective treatment for superficial pimples, and it will not remove any marks on the skin, although of external origin. While “Henry’s Super-Light Working Oil,” “Working Oil,” and “Henry’s Sulphur Lanolin Treatment for the Hair and Scalp” may, in most cases, temporarily relieve itching of the scalp caused by minor scalp disorders and may make loose dandruff scales less noticeable by matting them to the hair and scalp, none of these preparations is a competent, effective, or adequate treatment for many of the underlying conditions which cause itching scalp or dandruff. ‘Their use will not relieve itching in some scalp conditions.

“Henry’s Sulphur Lanolin Treatment for Hair and Scalp” will not prevent falling hair or baldness and is not a competent or effective treatment therefor.

“Humania Dandruff Treatment” will not cure dandruff and is not a competent or effective treatment for dandruff. | Par.6. (a) The complaint in this proceeding also charged, and the Commission, in its findings as to the facts issued on April 27, 19435, found, that the respondent’s advertisements concerning his hair dye HUMANIA HAIR GOODS & SPECIALTY CO. 945 936 Findings preparation “B, Paul’s Compound” constituted false advertisements for the further reason that they failed to reveal that this preparation, when applied to the skin, is potentially dangerous by reason of its pyrogallic acid cuntent; that his advertisements concerning his skin bleach preparation “Apex Skin Bleach” constituted false advertisements because of their failure to reveal that this preparation, when applied to the skin, is potentially dangerous by reason of its ammoniated mercury content; that his advertisements concerning his depilatory preparation “Magic Shaving Powder” constituted false advertisements because of their failure to reveal that this preparation, when applied to the skin, is potentially dangerous by reason of its irritating ingredients; and that his advertisements concerning his hair dye preparations “Luxe Hair Coloring,” “Eau Sublime” and “Godefroy’s Larieuse” constituted false advertisements because of their failure to reveal that these preparations, when applied to the skin, are potentially dangerous by reason of their para-phenylenediamine content.

(6) Evidence introduced after this proceeding was reopened shows that the preparation “B. Paul’s Compound” consists of 98 to 99 percent of henna (varying with the shade) , together with small percentages of copper sulphate and pyrogallic acid. The directions for the use of said preparation are as follows:

FOR COLORING GRAY HAIR WILL NOT BLEACH The hair must be shampooed thoroughly and left damp, not dry. For best results always empty the entire contents of box, in order to have all of the various ingredients, into a bowl, not metallic, and add sufficient boiling water gradually until the preparation becomes the thickness of a soft paste, at the same time stir continually with a wooden spoon so as to dissolve the powder. Place bowl in a very hot water bath and stir paste for about five minutes, as it is necessary to keep and apply paste as warm as one can stand it. For those who wish a red cast add a tablespoon of vinegar to the paste. ‘ , Then separate the hair into small strands, and apply the paste with the brush on the hair you want colored, always commencing at the roots and where the hair is most gray. The gray hair must be. well saturated with the paste, just as if in a mud bath. Leave the paste on fifty minutes for all Brown shades, Blonde shades thirty minutes, Dark Brown, one hour and a half, and Black, Two Hours. The longer paste is on the hair the darker the color. For Auburn shades on gray hair, apply the Auburn shade of B. Paul’s Henna desired, leave on one hour, rinse off with warm water and then apply the light brown shade for thirty minutes, to tone down the brightness of the. gray hair. When the hair is only Slightly gray leave the paste on fifteen minutes less than the time specified. If the whole length of the hair is to be colored and the hair near the scalp is done, the paste should be weakened and made thinner Findings 46 F. T.C.

by adding hot water and the remaining thin paste applied toward the ends, as the ends of the hair take the dye more rapidly than the roots. After the application the hair should be thoroughly rinsed with warm water until all paste is out of the hair, the famous B. Paul Shampoo being strongly recommended for shampooing. Be sure to apply the Shampoo quite warm. Slight stains on the fingernails can be easily removed with peroxide adding a few drops of ammonia.

The shade of color will develop, while the hair dries and complete results will be seen on the third day after the application. Should the first application fail to give the desired results, a second application should be made, but not before five days have elapsed, using the same shade, but leaving the paste on the hair twenty minutes only. Imperfect results are always caused by an imperfect application or because the hair is not thoroughly cleansed.

As bleached hair or hair on which peroxide has been used is porous and lacks resistance, it is impossible to state how fast or dark color will take. If over bleached color is apt to turn Black in five minutes. It is best to try a sample. Paul’s Compound should be used for coloring gray hair only. It will not bleach or lighten the hair.

Self applications of our hair coloring preparations can be made providing you carefully follow directions. :

CAUTION—This product contains Metallic Salts and Pyrogallol. It is for external use only to color hair on a healthy scalp, not where skin is broken. Must Not be used for dyeing eyelashes or eyebrows. The evidence further discloses that this preparation, when used in accordance with the foregoing directions for its use, is unlikely to be seriously injurious to the health of the user. The Commission is of the present opinion, therefore, and finds, that the respondent’s advertisements concerning his hair dye preparation “B. Paul’s Compound” did not constitute false advertisements because of their failure to reveal that this preparation is potentially dangerous by reason of its pyrogallic acid content and that its previous finding to the contrary should be set aside.

(c) According to information now in the record, the preparation “Apex Skin Bleach” is composed of the following ingredients in the quantities or proportions given:

Ounces Ammoniated mercury. 0. 75 Bismuth subnitrate. . 50 White beeswax. 1, 75 White petrolatum -. 13.00 Oil red rose (*) The directions for use of said preparation are as follows: The face and neck should be thoroughly cleansed with warm water and soap and then a good cleansing cream. We recommend APEX CLEANSING CREAM, 1 Sufficient to perfume.

HUMANIA HAIR GOODS & SPECIALTY CO. 947 936 Findings due to the fact that the cream properly massaged into the skin will remove dirt and grime which cannot be properly reached with just soap and water. After using APEX CLEANSING CREAM, thoroughly remove the excess cream from the face with a soft cloth or tissues. With the finger tips, spread a thin film of APEX BLEACH over the face, neck, or arms, being careful not to get it into the eyes.

Don’t massage or rub in into the skin, just spread it over the skin lightly. Let Bleach remain on overnight or a few hours during the day. Next morning or when ready to remove the BLEACH CREAM, apply APEX CLEANSING CREAM. Then remove it with a soft cloth or tissues. By rinsing the face in cold water you will close the pores.

Repeat ‘these treatments daily unless the skin is sensitive. After a few applications you will note a difference in your complexion. Your skin will become lighter and softer.

The cream can also be used on the neck, shoulders, and arms to lighten them, as well as the face. The use of APEX CLEANSING CREAM for cleansing the face before and after using the APEX BLEACH CREAM is, indeed, very beneficial. This is a new cream. ;

Try APEX BLEACH CREAM for a few days and note the great difference in the appearance of your skin.

DO NOT USE BLEACH IF YOU HAVE SENSITIVE SKIN. CAUTION FOR THOSE WITH UNUSUALLY SENSITIVE SKIN. Many persons have sensitive skins. As you perhaps are aware, there are certain foods that some people cannot eat because they will give them a rash or a breaking out on the skin, For instance, some people are not able to eat strawberries because they will give them “strawberry rash.” Therefore, due to the fact that the APEX BLEACH CREAM contains an ingredient known as Ammoniated Mercury, which is a product containing the bleaching properties necessary in all bleaching creams, people who have SUPER-SENSITIVE skins should not use it or any kind of a bleaching cream. If skin irritation appears after application, use of this product should be immediately discontinued. We suggest that you make a test before using the cream by spreading a small quantity of it on your arm and letting it remain overnight. Should you notice that the skin appears somewhat irritated do not use it. CHILDREN UNDER TWELVE YEARS OF AGE SHOULD NOT USE THIS BLEACH CREAM.

Persons who have skin diseases, or if the skin is cut or there is an abrasion, the bleach cream should not be used.

It is necessary for us to give this warning because of the fact that some people have skin diseases and desire to use the bleach cream. Because of the diseases the cream would perhaps by injurious to them. We recommend that all persons with skin diseases see their physician immediately. The evidence introduced after this proceeding was reopened further discloses that a product of the composition of “Apex Skin Bleach” containing less than 5 percent of ammoniated mercury, when used in accordance with the foregoing directions, is unlikely to be seriously injurious to the health of the user. The Commission therefore finds that the respondent’s advertisements concerning this preparation did 854002—52. 63 Findings 46F.T.C, not constitute false advertisements because of their failure to reveal that this preparation is potentially dangerous by reason of is ammoniated mercury content and, in conformity therewith, is of the opinion that its previous finding to the contrary should be set aside. (d) The record now shows that the preparation “Magic Shaving Powder (depilatory)” is composed of barium sulfide, calcium hydroxide, calcium carbonate, and powdered corn starch and that it is marketed in two different strengths under differently colored labels. The red label “Magic Shaving Powder (Depilatory)—Full Strength” is composed of the following ingredients in the quantities and proportions given:

Pounds Barium sulfide - 23. 50 Calcium hydroxide 23. 75 Calcium carbonate 38. 00 Powdered corn starch 95. 00 The blue label “Magic Shaving Powder (Depilatory)—Medium Strength” is composed of the following ingredients in the quantities and proportions given:

Pounds Barium sulfide - - 20. 00 Calcium hydroxide ~ 14, 25 Calcium carbonate. ~-- 47,25 Powdered corn starch - 95. 00 The directions for use of both products are the same and are as follows:

Removes Hair Without A Razor DIRECTIONS Let hair grow out well before using. Mix quantity needed with cold water into a smooth paste. Apply paste with a spatula or flat stick in an even layer thick enough to cover the hair. Let paste remain on hair 5 minutes to remove coarse hair. DO NOT RUB. Scrape paste off with sharp edge of spatula or dull tool, and wash skin thoroughly with wet rag and clean, cold water. Then dry with soft towel and apply cold cream or talcum powder. CAUTION:

Do Not Get Into Eyes.

Should not be used by those having a tender or irritated skin. Depilatory for Women.

Magic Shaving Powder is used by women as a depilatory for removing superfluous hair from the neck, arms, underarms, legs, or any part of the body. The evidence further shows that products. of the composition of either of these preparations, when used in accordance with the foregoing directions, are unlikely to be seriously injurious to the health of HUMANIA HAIR GOODS & SPECIALTY CO. 949 936 : Findings the user. The Commission therefore finds that the respondent’s advertisements concerning his preparation “Magic Shaving Powder” did not constitute false advertisements because of their failure to reveal that this preparation is potentially dangerous by reason of its irritating ingredients, and accordingly is of the opinion that its previous finding to the contrary should be set aside. (e) With respect to the preparations “Luxe Hair Coloring,” “Eau Sublime,” and “Godefroy’s Larieuse,” the record now shows that the label on the container in which each of said preparations is sold bears the following statement:

CAUTION: This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes and eyebrows; to do so may cause blindness. and that the accompanying directions are in all respects adequate to enable purchasers of such preparations to make the preliminary test referred to in said statement.

The record further shows that the Commission, on November 24, 1948, acting under its statement of policy promulgated on December 11, 1946, as amended on March 2, 1947, determined that it would not thereafter consider any advertisement of a coal tar hair dye of the “para” type as false merely because of the failure of such advertisement to reveal that the preparation is potentially dangerous by reason of its para-phenylenediamine content when the label on such preparation bears such a statement and when the accompanying directions are adequate for the preliminary testing. The Commission is of the opinion, therefore, and finds, that the respondent’s advertisements concerning his preparations “Luxe Hair Coloring,” “Eau Sublime,” and “Godefroy’s Larieuse” would not under the Commission’s present policy constitute false advertisements because of their failure to reveal that these preparations are potentially dangerous by reason of their para-phenylenediamine content, and that by reason of this fact it would be in the public interest for its previous findings that such advertisements were false to be set' aside.

Par. 7, The use by the respondent of the false, deceptive, and misleading statements and representations referred to in paragraphs 3, 4, and 5 has had the tendency and capacity to 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 substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase substantial quantities of the respondent’s cosmetic preparations.

Order 46 F.T.C, Par. 8. The respondent states that he is a distributor of the preparations herein described, that the statements made by him were supplied by the manufacturers of said products, and that he had no knowledge that his advertisements were false or deceptive. CONCLUSION The acts and practices of the respondent as herein found (excluding those referred to in par. 6) were all to the prejudice and injury of the public and constituted unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

MODIFIED ORDER TO CEASE AND DESIST This proceeding having heretofore been heard by the Federal Trade Commission upon the complaint of the Commission, the respondent’s answer thereto, and a stipulation as to the facts entered into by and between the respondent, Gustave Goldstein, and. Richard P. Whiteley, Assistant Chief Counsel of the Commission, which said stipulation provided, among other things, that without further evidence or other intervening procedure the Commission might issue and serve upon the respondent its findings as to the facts and its conclusion based thereon and an order disposing of said proceeding; and The Commission, after having made its findings as to the facts and its conclusion that the respondent had violated the provisions of the Federal Trade Commission Act, on April 27, 1945, issued, and on April 30, 1945, served upon the respondent said findings as to the facts, conclusion, and its order to cease and desist; and This proceeding, on April 25, 1949, having been reopened for the purpose of receiving such supplemental evidence as might be offered to determine whether or not changed conditions of fact or the public interest, or both, require modification of said findings as to the facts and order to cease and desist, certain supplemental evidence was received and duly filed; and the Commission, having considered said supplemental evidence and the entire record herein, and having made its modified findings as to the facts and its conclusion based thereon, and being of the opinion that its order to cease and desist issued on April 27, 1945, should also be modified in certain respects: It is ordered, That the Commission’s findings as to the facts, conclusion, and order to cease and desist issued in this proceeding on April 27, 1945, be, and they hereby are, set aside. HUMANIA HAIR GOODS & SPECIALTY CO. 951 936 Order It is further ordered, That the respondent, Gustave Goldstein, an individual trading as Humania Hair Goods & Specialty Co., or trading under any other name or through any corporate or other device, and said respondent’s agents, representatives, and employees, in connection with the offering for sale, sale, or distribution of his cosmetic preparation designated “B. Paul’s Compound,” “Herolin Skin Cream,” “Henry’s Super-Light Working Oil,” “Working Oil,” “Henry’s Sulphur Lanolin Treatment for Hair and Scalp,” and “Humania Dandruff Treatment,” or any other preparation or preparations of substantially similar composition or possessing substantially similar properties, under whatever name or names sold, do forthwith cease and desist from, directly or indirectly:

1. Disseminating, or causing to be disseminated, by means of the United States mails, or by any means in commerce, as “commerce” is defined in the Federal Trade Commission Act, any advertisement which represents, directly or by implication— (a) That the preparation, “B. Paul’s Compound,” is composed of harmless ingredients or can be used without harmful effects; (6) That the preparation, “Herolin Skin Cream” constitutes a competent or effective treatment for superficial pimples or marks on the skin;

(¢) That the preparations, “Henry’s Super-Light Working Oil,” “Working Oil,” and “Henry’s Sulphur Lanolin Treatment for Hair and Scalp” constitute competent or effective treatments for dandruff or itchy scalp or will relieve itchy scalp, except that caused by minor scalp irritations;

(@) That the preparation “Henry’s Sulphur Lanolin Treatment for Hair and Scalp” will prevent falling hair or baldness or constitutes a competent or effective treatment therefor; (e) That the preparation “Humania Dandruff Treatment” will cure dandruff or constitutes a competent or effective treatment for dandruff. 2. Disseminating, or causing to be disseminated, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in commerce, as “commerce” is defined in the Federal Trade Commission Act, of said preparations, any advertisement which contains any representation prohibited in paragraph 1 ereof.

95z FEDERAL TRADE COMMISSION DECISIONS Syllabus 46 F.T.C.