Hair Experts, Inc.

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

IN THE :NIATTER OF HAIR EXPERTS, INC. ET AL.

COMPLAINT, FINDINGS, AND ORDERS IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 5757. Complaint, Mar. 22, 1950-,Decision, May, 19. Where a corporation and its three officers, engaged in the operation in cities in various States of branches and retail stores dealing exclusively in the sale of cosmetic and me(Ucinal preparations for external use in the treatment of conditions of tbe bail' and scalp, and in the use of said preparations in office treatments;

In conducting their operations (1) through extensive advertising inviting persons to come to their places of business for diagnosis and treatments involving purchase of their preparations; (2) through selling home treatment kits of their preparations to persons tll us inti need to Yisi t their offices; (3 through sending traveling representatives to various cities, extensively advertising their visits and inviting: the public to call upon them for diagnosis and advice, following which said representatives recommended either office treatment or purchase of the home treatment kits; and (4) the mailing of questionnaires, answers to which were followed up by offers of branch office treatment or the sale of home treatment kits; in advertisements in newspapers, periodicals, and other advertising literature- (a) Represented falsely that use of their preparations, methods and treatments, by their opera tors in their places of business and by purchasers in their homes, would cause hair to grow when growth had ceased and resulted in thin hair or partial baldness; that the hair growing functions of the scalp would be rejuvenated; and that fuzz on the scalp would be developed into normal hair;

(b) Represented falsely that the germicides included among their preparations would penetrate below the skin surface and kill bacteria there located, and destroy bacilli on the scalp surface;

(c) Represented falsely that their preparations would prevent baldness, grow hair on bald heads and enable an incUvic1ual to maintain a tl1ick growth of hair for life; would reopen clogged hair passages in the scalp, energize hair papillae, make sluggish circulation in the scalp normal, and eliminate excessive falling hair, loose dandruff, itching and dryness and oiliness of the hair and scalp;

(d) Represen ted tba t their preparations, treatmeli ts - and methods were new scientific discoveries in the treatment of hair and scalp disorders; when in fact all the ingredients in said preparations, as well as said methods of treatment, have been used without success for many years in efforts to correct falling hair and prevent balclness; and (e) Represented falsely by the use of the designation "Trichologist" in their advertisements that certain of their operators or employees had bact competent training in dermatology or other branches of medicine having to do with the diagnosis and treatment of scalp disorders affecting the hair; HAIR EXPERTS, INC. ET AL. 1359 1358 Complaint With capacity find tendency to deceive a substantial portion of the public into the mistaken belief that such representations were true and thereby induce it to visit respondents' offices for treatment and purchase of aforesaid protlucts :

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 tleceptive acts and practices in commerce.

Before JJfl' . James A. P' wrceZl hearing examiner. M'!'. Geo1'ge JJl. ill af'tin and JJIr. J. ill. Doukas for the Commission. H oga' , I( eUehe'l' cD Bill of New York City, for respondents. 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 Trade Commission having reason to believe that Hair Experts, Inc. a corporation, and Robert ",V. Farrell, Harold E. Candler and Abram Jacobson as individuals and as officers of said corporation 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 charges in that respect as follows:

PARAGRAPH 1. Hair Experts, Inc., is a corporation organized existing and doing busin~ss under and by virtue of the laws of the State of 1\iichigan, with its principal office and place of business at 1214 Griswold Street, Detroit, :Michigan.

Robert "'\Y. Farrell is the president of said corporation. The office and principal place of business of said respondent is 1214 Griswold Street, Detroit, :Michigan.

Harold E. Candler is vice president and treasurer of said corporation. The office and principal place of business of said respondent is 14;48 Wabash Street, Detroit, Michigan.

Abram Jacobson is the secretary of said corporation. The office and principal place of business of said respondent is 1214 Griswold Street, Detroit, 1\iichigan. The respondent, Hair Experts, Inc., also maintains and operates branches and retail stores in the cities of Philadelphia, Pennsylvania; New York, New York; Brooklyn, New York; Newark, New Jersey; Jamaica, Long Island; Baltimore, Maryland; Washington, D. C.; Boston, Massachusetts, and Pittsburgh, Pennsylvania, which places of business are operated under the name of Hair Experts, Inc., and which deal exclusively in the preparations sold, by respondents, and the use of said preparations in office treatments. 213840-54- Complaint 48 F. T. C.

The individual respondents, individually and as officers of the corporate respondent, formulate, direct and control all of its business activities and policies. In connection with the control of the business activities of the main .offices in Detroit and the branch offices, the respondents cause the. preparation of all advertising copy used by such branches.

PAR. 2. In the course and conduct of their l' business the respondents for several years last past, have been engaged in the sale and distribution of various cosmetic and medicinal preparations for exte.nlal use in the treatment of conditions of the hilir and scalp, and in the use of said preparations in connection with trentnwnts administered in their various offices. Respondents cause said preparations, when sold to be transported from the place of business of the corporate respondent in Michigan and from other manufacturers located in the State of Michigan and in other States to its various branches or retail stores owned and operated as hereinabove set forth and to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondents maintain, and at an times mentioned herein have maintained a course of trade in saiel cosmetic and medicinal preparations in commerce between and among the various States of the United States and in the District of Columbia. PAR. 3. Respondent has adopted several methods in conne.ction with the sale of their various preparations. First, respondents, through extensive advertising~ invite persons to come to their places of business for diagnosis and treatment; whereupon certain series of treatments are recommended. If said treatments are agreed to, certain of their cosmetic and medicinal preparations are sold to such persons and used in the process of such treatments. Second, respondents sell home treatment kits with instructions to person1lS induced to visit respondents' said office.es by virtue of said advertisements. These kits consist of respondents' cosmetic. and medicinal preparations for the treatment of the hair and scalp. Third, certain of respondents branches have sent traveling representatives to various cities, whose visits were extensively advertised in the cities to be visited which advertisements invited the public to call upon said representatives for diagnosis and advice. These representatives recommended either treatment at one of respondents' branches or the purchase of the home treatment kits previously described. Still another method employed by respondents was the mailing of questionnaires to prospective purchasers, which questionnaires when answered were followed up by offers of branch office treatment or the sale of home treatment kits previously described.

PAR. 4. In the course and conduct of their aforesaid business the respondents have disseminated, and have eausecl the dissemination of HAIR EXPERTR~ INC. ET AL. 1361 1358 Complaint advertisements concerning their preparations by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondents have also disseminated and have. caused the dissemination of advertisements concerning their said preparations, by ynrious means, for the purpose of inducing, and \which were likely to induce, directly or indirectly, the purchase of their preparations in commerce., as commerce is defined in the Federal Trade Commission Act.

Among and typical of the false, misleading and deceptive statements and representations contained in said advertisements, disseminated and caused to be disseminated, as hereinabove set forth, by the United States mails, by advertisements in newspapers and periodicals by circulars, leaflets, pamphlets and other advertising literature ate the following:

THICKER HAIHWithin 6 Months!NEW PROVED SCIENTIFIC DISCOVERY REVOLUTIONIZED Past Methods Inducing Growth Faster Re-Grow Hair to Full Length Thin Hair gets Thicker Within 6 Months Excessive Hair Loss, Dandruff, Itching and Dryness (or oiliness) are more quickly corrected by this new type of treatment and weak diseased hair is more readily replaced b~v a strong, vigorous growth, so essential to true attractiveness in both sl)cia I and business life.

JUST THHEE Steps First your scalp is thoroughly cleansed of the dandruff or the other disorder through special, gentle but effective antiseptics which penetrate below the skin surface to kill the source of the infection. Then rejuvenating or rebuilding treatments put the scalp in a condition conducive to the growth of strong, vigorous hair. Finally the different stimulating action of these advanced liquid formulae aid Nature in starting the growth of mature hair. THICKER HAIR FOR A LIFETIME Once started, this healthy hair grows to normal length. Robcl. W. Pm' fell, T'1'ichologist WONDERFUL NElVS! Grow thicker hair within 6 months! FREE Hair and Scalp Examination b~7 Mr. Wayne M. Saari, Representative of nationally famous HAIR EXPERTS, INC.

Here s the chance of a lifetime. . .. An opportunity to grow thicker hair within 6 months. . . and maintain it for the rest of your life! To analyze the condition which is retarding your hair growth, Mr. Saari will personally conduct private, professional hair and scalp examinations at the Rowe Botel from A. M. to 8 P. M. on Friday, October 24th. He will give you invaluable professional advice on how you can retain the hair you have. . . and still grow gloriously thicker hair Should your case require dermatological aids, Mr. Saari will have ,with him a sample kit of special laboratory-created formulae and chemo-therapeutical preparations that Hair Experts use in their world famous, hair growing profes- Complaint 48 F. T. C.

sional office treatments. This professional treatment kit has been especially created for those who cannot come into Hair Experts' office, yet still want to enjoy the amazing, gratifying, hair growing results of their treatments. Robert W. Farrell, TYiahologist LOSING YOUR HAIR! Our Model'll Science- Based Treatments RESTORE Better Hair. .

Healthier Scalp In 30 Days or we pay the fee! * YES in one short month Hair Experts, Inc.'s complete new HAIR TREAT- MENTS will cleanse out dandruff, clogged in hair passages, kill vast numbers of bacteria swarming beneath diseased scalp, relieves itchiness, revives blood circulation, establish more blood circu.lation, help nature better perform her function of growing healthy hairs from your scores of thousands of hair follicles- Your hair will have more body, life and snap to it. GROW THICKER HAIR! * Our famous treatments can grow healthier luxuriously thicker hair! Whatever the condition that is obstructing your hair growth, Hair Experts will analyze it, .eliminate the "hair-destroying bacillus, rejuvenate the hair and scalp to the best possible condition for thriving hair growth, and finally aid Continued Hair Growth through the years with specialized treatments now, and instructions for future personal use that will help you enjoy a Lifetime of Thicker Hair! Eliminate the germ Eliminate dandruff itching * Energize the papilla * Thicker Hair within a few months.

PROFESSIONAL HAIR TREATMEN'l' S ".

Persons treated for thinning hair first see actual replacement hairs within about 2 months. . . and very abundantly thicker hair within months! Learn how to maintain it for a lifetime NEW SCIENTIFIC DISCOVERIES Used in Hair Experts Exclusive Treatments Help GROW Thicker Hair Old Methods Revolutionized and Made Obsolete and. Hair Experts' Nationally Famous Treatments Help Regrow "Fuzz" to Full Length, Full Strength! * Once your scalp has been rejuvenated to hair growing activity, Hair Experts equip you to maintain that growth for a lifetime. PROFESSIONAL- HAIR TREATMENTS * If your bail' is thinning, or you have the symptoms of alopecia gradual baldness) we urge you to delay no longer* Let our proven methods save your hair, produce thicker hair YOUR SCALP A Dynamic Hair Grower! HAIR EXPERTS, INC. ET AL. 1363 1358 Complaint AVOID BALDNESS. . .

Let Hair Experts "Normalize" Your Scalp to Help Produce THICKER HAIR within a Few Months! Hair Experts Anal;yze and Rejuvenate the complete cycle of hair growth that lost bail' will be replaced naturally b~; strong, virile, obvious hair growth. LOSING YOUR HAIR AND YOUR LOOKS? Head for the Hair Experts for the professional care that will help you GROW THICKER HAIR* Hair Experts' Specialized Rejuvenating System NOW! HAIR EXPERTS CAN HELP YOU GROW HAIR AT HOME! WANT TO GROW THICKER HAIR? Here s How Hair Experts Science-Based Treatments Can Help You Hair Experts' Modern Treatments are Completely Comprehensive 1. They disgorge the scalp disorder that is stunting hair growth. 2. They normalize hair-growing activity.

3. They stimulate short, weak fuzz to full, vigorous growth. They stimulate the hair-making "factory" to dynamic production* WIll help you to gloriously, virile, thicker hair. . . and we ll teach you how to maintain it for life.

PAR. 5. Respondents' preparations are composed of the following ingredients in various combinations:

. vV 001 Benzocain Benzoic AcidCastorFatOil :Mercury1Vhite Oil PhenolCantharidesThymolIsopropyl Cresol Alcohol Stearic Acid TriethanolamineJaborandi Leaves Cety 1 AlcoholDiethyleneEuresolGlycol Monethylether Resorcinol Natural EstrogenicSalicylic Acid Substance P. 1\1:.Castor Oil Androgenic SubstanceBalsam Peru SulphurCapsicum SorbitolMenthol Potassium HydroxideChlorestone Parasept MIchthammol Ammonium ChlorideChloralhydratePyridium Chloride Sulfonated Oils PAR. 6. Through the use of the aforesaid statements and representations and others similar thereto not specifically set out herein, respondents represented, directly and by implication, that the use of said prep- Complaint 48 F. T. C.

arations, methods and treatments by their operators in their various places of business and by purchasers of their preparations, in their homes, will cause hair to grow when growth has ceased and resulted in thin hair or partial baldness; that the hair growing functions of the scalp will be rejuvenated; that fuzz on the scalp will be developed into normal hair; that the germicides included among their preparations will penetrate below the skin surface, kill bacteria there located and will destroy bacilli on the scalp surface; that their said preparations will prevent baldness, grow hair on bald heads and will enable an individual to maintain a thick growth of hair for life; will reopen clogged hair passages in the scalp, energize hair papillae, make sluggish blood circulation in the scalp normal, eliminate excessive falling hair, loose dandruff, itching and dryness and oiliness of the. hair and scalp; and that the preparations, treatments and methods used by respondents are new, scientific discoveries in the treatment of hair and seal p disorders.

Respondents, by the use of the designation "Trichologist" in their advertisements in connection with certain of their operators or employees, thereby represent that said persons have had competent training in dermatology or other branches of medicine having to do with the diagnosis and treatment of scalp disorders affecting the hair. PAR. 7. The said advertisements are misleading in material respects and constitute "false advertisements" as that term is defined in the Federal Trade Cmnmission Act. In truth and in fact, the use of respondents' preparations, methods and treatments in their places of business and the use of their said preparations by persons in their homes will have no effect in causing hair to grow in cases of thin hair or partial baldness. Their use will not rejuvenate or have any effect on the hair growing functions of the scalp and will not cause fuzz to develop into normal hair. Their germicidal preparations will not penetrate below the skin surface nor will they destroy bacilli on the scalp surface. They will not prevent baldness, cause hair to grow on bald heads nor enable a person to maintain a thick growth of hair for any length of time. Said preparations 'will not reopen clogged hair passages, will not energize hair papillae, make sluggish blood circula'; tion in the scalp normal, eliminate excessive falling hair~ loose dandruff, itching, dryness or oiliness of the hair and scalp. The drugs contained in sa.id preparations and the methods and treatments used by respondents are not new or scientific discoveries. As a matter. of fact, all the ingredients in said preparations and respondents' methods of treatment have been used without success for many ye.ars in an effort to correct falling hair, to grow hair and to prevent baldness. HAIR EXPERTS, INC. ET AL. 1365 1358 Decision The designation "'frichologist" is self-assumed and the persons to whom it is applied have not undergone competent training in dermatology or any other branch of medicine pertaining to the treatment of sealp disorders affecting the hair.

PAR. 8. The use by the respondents of the foregoing false, deceptive and misleading statements and representations disseminated as aforesaid, has had and now has, the eapaeity and tendeney to, and. does, mislead and deceive a substantial portion of the public into the erroneous and mistaken belief that all such statements and representations are true, and induees a substantial portion of the purchasing public to visit respondents' various offiees for the purpose of obtaining treatments and to purchase respondents' products hereinabove referred beea.use of such erroneous and mistaken belief, engendered as above set forth.

PAR. 9. The aforesaid acts and practices of the 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. DECISION OF THE COl\LMISSION Pursuant to Rule XXII of the Commission s Rules of Praetiee and as set forth in the Commission s " Decision of the Commission and Order to File Report of Compliance \ dated May 17, 1952, the initial deeision in the instant matter of hearing examiner James A. Purcell, as set out as follows, became on that date the decision of the Commission.

INITIAL DECISION BY JAMES A. PURCELL, HEAlUNG EXADIINER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Cominission on lVlarch 22, 1950, issued and subsequently served its complaint in this proceeding upon respondents Hair Experts~ Inc. , a corporation, and Robert 'V. Farren, Harold E. Candler and Abram .Tacobson individually and as officers of Hair Experts, Inc., the.y being respectively President, Vice-President and Treasurer, and Secretary thereof, charging them with the use of unfair and deceptive acts and practices in conlme~rce in violation of the provisions of said Act. After issuance of the complaint respondents filed their joint ~nswer on April 1950. On September 1951 , respondents formally moved the withdrawal of the aforesaid answer and requested permission to file in lieu thereof an answer admitting all the material allegations of fact set forth in the complaint (excepting those set forth in the Tollowingsentence), and waiving all intervening Findings 48 F. T. C. procedure and further hearings as to said facts, such admission ans,"ver having been recorded herein on September 21, 1951. The foregoing exceptions are that respondents are not now engaged in business in the District of Columbia; correcting the spelling of one chemical ingredient; deleting another such; substituting two and adding one ingredient not set forth in the complaint, all of which are apparent on the face of the record and the Findings of Fact .herein contained will correctly reflect the facts consonant with the foregoing. No hearings were held for the taking of testimony or other evidence. Thereafter, the proceeding regularly came on for final consideration by the above-named Hearing Examiner, theretofore duly desig- Dated by the Commission, on the complaint and answer thereto, as well also proposed findings as to the facts and conclusions presented counsel in support of the complaint, oral argument thereon not having been requested. ResDoncJp.nt,s did not submit proposed findings and conclusion.

Said Hearing Examiner, having duly considered the record herein finds that this proceeding is in the interest of the public and makes the following findings as to the facts, conclusions drawn therefrom and order:

FINDINGS AS TO THE FACTS PARAGRAPH 1. Hair Experts, Inc., is a ~orporation organized, existing and doing business under and by virtue of the laws of the State of :Michigan, with its principal office and place, of business at 1214 Griswold Street, Detroit, ~1:ichigan.

Robert 'V. Farrell is the president of said corporation. The office and principal place of business of said respondent is 1214 Griswold Street, Detroit, ~lichigan.

Harold E. Candler is vice-president and treasurer of said corporation. The office and principal place of business of said respondent is 1448 V,T abash Street, Detroit, ~lichigan. Abram Jacobson is the secretary of said corporation. The office and principal place of business of said responcle.nt is 1214 Griswold Street, Detroit, ~iichigan.

The respondent, Hair Experts, Inc., also maintains and operates branches and retail stores in the cities of Philadelphia, Pennsylvania; New York, New York; Brooklyn, New York; N e,vark, New Jersey; amaica, Long Island; Baltimore, ~lary land; Boston, ~lassachusetts : and Pittsburgh, Pennsylvania, which places of business are operated under the name of Hair Experts, Inc., and 'which deal exclusively in the preparations sold by respondents, and the. use of said preparations. in office treatments.

HAIR EXPERTS, INC. ET AL. 1367 1358 Finding' . The individual respondents, individually and as officers of the corporate respondent, formulate, direct and control all of its business activities and policies. In connection with the control of the business activities of the main offices in Detroit and the branch offices the respondents cause the preparation of all advertising copy used by such branches.

PAR. 2. In the course and conduct of their business the respondents for se,'eral years last past, have been engaged in the sale and distri. bution of various cosmetic and mecljeinal preparations for external use in the treatment of conditions of the hair and scalp, and in the use of said preparations in connection with treatments administered in their various offices. Respondents cause said preparations, when sold to be transported from the place of business of the corporate respondeut in Michigan and from other manufacturers located in the State of ltfichigan and in other States to its various branches or retail stores owned and operated as hereinabove set forth and to purchasers thereof located in various other States of the United States. Respondents maintain, and at all times mentioned herein have maintained, a course of trade in said cosmetic and medicinal preparations in commerce between and among the various States of the United States. PAR. 3. Respondent has adopted several methods in connection with the sale of their various pi' eparations. Fust respondents, through extensive advertising, invite persons to come to their places of business for diagnosis and treatment; whereupon certain series of treatments are recommended. If said treatments are agreed to, certain of their cosmetic and medicinal preparations are sold to such persons and used in the process of such treatments. Second respondents sell home treatment kits with instructions to persons induced to visit respondents' said offices by virtue of said advertisements. These kits consist of respondents' cosmetic and medicinal preparations for the treatment of the hair and scalp. Third certain of respondents' branches have sent traveling representatives to various cities, whose visits were extensively advertised in the cities to be visited which advertisements invited the public to call upon said representatives for diagnosis and advice. These representatives recommended either treatment a,t one of respondents' branches or the purchase of the home treatment kits previously described. Still another method employed by respondents was the mailing of questionnaires to prospective purchasers, which questionnail~es when answered were followed up by offers of branch office treatment or the sale of home treatment kits previously described. PAR. 4. In the course and conduct of their aforesaid business the respondents have c1issmninated, and have caused the dissemination of advertisements concerning their preparations by the United States Findings 48F. '1'. C. mails and by various other means in commerce, as "commerce" is defined in the Federal Trade Commission Act; and respondents have also disseminated, and have caused the dissemination of, advertisements concerning their said preparations, by various means, for the purpose of inducing, and which were likely to induce, directly or indirectly, the purchase of their preparations in commerce, as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the false, misleading and deceptive statements and representations contained in said advertisements, disseminated and caused to be disseminated, as hereinabove set forth, by the United States mails, by advertisements in newspapers and periodicals by circulars, leaflets, pamphlets and other advertising literature are the following:

THICKER HAIR Within 6 Months! NE\V PROVED SCIENTIFIC DISCOVERY REVOLUTIONIZED Past Methods Inducing Growth Faster Re-Grow Hair to Full Length- Thin Hair gets Thicker Within 6 Months.

Excessive Hair Loss, Dandruff, Itching and Dryness (or oiliness) are more quickly corrected by this new type of treatment and "leak diseased hair is more readily replaced by a strong, vigorous growth, so essential to true attractiveness in both social and business life.

JUST THREE STEPS First your scalp is thoroughly cleansed of the dandruff or the other disorder through special, gentle but effective antiseptics which penetrate below the skin surface to kill the source of the infection. Then rejuvenating or rebuilding treatments put the scalp in a condition conducive to the growth of strong, vigorous hair. Finally the different stimulating action of these advanced liquid formulae aid Nature in starting the growth of mature hair. THICKER HAIR FOR A LIFETIME Once started, this healthy hair grows to normal length. Robert W. Farrell, Trichologist WONDERFUL NEWS! Grow thicker hair within 6 months! FREE Hair and Scalp Examination by Mr. Wayne M. Saari, Representative of nationally famous HAIR EXPERTS, INC. * Here s the chance of a lifetime. . . An opportunity to grow thicker hair within 6 months. . . . and maintain it for the rest of your life! To analyze the condition which is retarding your hair growth, Mr. Saari will personally conduct private, professional hair and scalp examinations at. the Rowe Hotel from 10 A. M. to 8 P. M. on Friday, October 24th. He will give you invaluable professional advice on how you can retain the hair you hav~ . . . and still grow gloriously thicker hair Should your case require dermatological aids, Mr. Saari will have with him a sample kit of special laboratory-created formulae and chemo-therapeutical preparations that Hair Experts use in their world famous, hair growing professional office treatments. This professional treatment kit has been especinlly . .. .. .,. .,.

HAIR EXPERTS, INC. ET AL. 1369 1358 Findings created for those who cannot come into Hair Experts' office, yet still want to enjoy the amazing, gratifying, hair growing results of their treatments. Robe-rt W. Farrell, T1'ichologist LOSING YOUR HAIR! Our Modern Science-Based Treatments RESTORE Better Hair.

Healthier Scalp In 30 Days or we pay. the fee! YES in one short month Hair Experts, Inc.'s complete new HAIR TREAT- MENTS will cleanse out dandruff, clogged in hair passages, kill vast numbers of bftcteria swarming beneath diseased scalp, relieves itchiness, revives blood circulation, e~tablish more blood circulation, help nature better perform her function of growing healthy hairs from your scores of thousands of bail' follicles- Your hair will have more body, life and snap to it. GRO\V THICKER HAIR! Our famous treatments can grow healthier luxuriously thicker hair! Whatever the condition that. is obstructing your hair growth, Hair Experts will analyze it, eliminate the "hair-destroying bacillus," rejuvenate the bail' and scalp to the best possible condition for thriving hair growth, and finally aid Continued Hair Growth through the years with specialized treatments now, and instructions for futur~ personal use that will help you enjoy a Lifetime of Thicker Hair! Eliminate the germ Elimina te dandruff itching Energize the papilla * Thicker Hair within a few months.

PROFESSIONAL HAIR TREATMENTS Persons treated for thinning hair first see actual replacement hairs within about 2 months. and very abundantly thicker hair within months! '" Learn how to maintain it for a lifetime NEW SCIENTIFIC DISCOVERIES Used in Hair Experts Exclusive Treatments Help GRO\V Thicker Hair Old Methods Revolutionized and Made Obsol~te and Hair Experts' Nationally Famous Treatments Help Regrow "Fuzz" to Full Length Full Strength! Once your scalp has been rejuvenated to hair growing' activity, Hair Experts equip you to maintain that growth for a lifetime. PROFESSIONAL HAIR T;REATMENTS If your hair is thinning, or you have the symptoms of alopecia (gradual haw. ness) we urge you to delay no longer * Let onr pro ten methods save your hair, produce thicker hair YOUR SCALP. . .

A Dynamic Hair Grower' ! A VOID BALDNESS. . .

1370 FEDERAL TRADE CO),IMISSION DECISIONS Findings 48 F. T. C. Let Hair Experts "Normalize" Your Scalp to Help Produce THICKER HAIR within a Few Months! Hair Experts Analyze and Rejuvenate the complete cycle of hair growth that lost hair will be replaced naturally by strong, virile, obvious hair growth. LOSING YOUR HAIR AND YOUR LOOKS? Head for the Hair Experts for the profe~sional care that "'ill help you GROW THICKER HAIR Hair Experts' Specialized Reju\"enating S~'stem * NO'V! HAIR EXPERTS CAN HELP YOU GROW HAIR AT HOME! WANT TO GROW THICKER HAIR? Here s How Hair E.'rperts Science- Based Treatments Can Help You Hair Experts' Modern Treatments are Completely Comprehensive 1. They disgorge the scalp cli:sorder that is stunting hair growth. 2. They normalize hair-growing activity.

3. They stimulate short, weak fuzz to full, vigorous growth. They stimulate the hair-making "factory" to dynamic production * Will help you to gloriously, virile, thicker hair. . . and we ll teach you how to maintain it forlife. PAR. 5. Respondents' preparations are composed or the following ingredients in various combinations:

Nfercuric unclecvlenateWool Fat PhenolCastor Oil Cresol\Vhite Oil Stearic AcidCantharides TriethanolamineThymolIsopropyl Alcohol Cetyl Alcohol X natural EstrogenicJaborandi Leaves Substance P. :LVI.EuresolDiethylene Glycol Monethylether Androgenic Substance SulphurSalicylic AcidBalsam Peru Sorbitol Potassium HydroxideCapsicum Parasept l\tI:Menthol Parasept PChloretone Ammonium ChlorideIchthammol Sulfonated OilsChloralhydrate N (acyl colamine formylmethyl)Benzocain PYl'idiunl ChlOl:ide.Benzoic Acid PAR. 6. Through the use or the aforesaid statements and representations and others similar thereto not specifically set out herein, respondents represented, directly and by implication, that the use of said preparations, methods and treatments by their operators in their various places of business and by purchasers or their preparations, in their homes, will cause hair to g,row when growth has ceased and HAIR EXPERTS, INC. ET AL. 1371 1358 . Findings resulted in thin hair or partial baldness; that the hair growing functions of the scalp will be rejuvenated; that fuzz on the scalp will be "developed into normal hair; that the germicides included among their preparations will penetrate below the skin surface, kill bacteria there located and will destroy bacilli on the scalp surface; that their said preparations will prevent baldness, grow hail' on bald heads and will enable. an individual to maintain a thick growth of hair for life; will reopen clogged hair passages in the scalp, energize hair papillae, make sluggish blood circulation in the scalp normal, eliminate excessive falling hair, loose dandruff, itching and dryness and oiliness of the hair and scalp; and that the preparations, treatments and methods used by respondents are new, seientific discoveries in the treatment of hair a.nd scalp disorders.

Respondents, by the use of the designation "Trichologist" in their advertisements in connection with certain of their operators or employees, thereby represent that said persons ha.ve had competent training in dermatology or other branches of medicine having to do with the-diagnosis and treatment of scalp disorders affecting the hair. PAR. 7. The said advertisements are misleading in ma.terial respects and constitute "fa.lse advertisements~' as that term is defined in the Federal Trade Commission Act. In truth and in fact, the use of respondents' preparations, methods and treatments in their places of business and the. use of their said preparations by persons in their homes will have no effect in causing hair to grow in cases of thin hair or partial baldness. Their use will not rejuvenate or have any effect on the; hair growing functions of the scalp and will not cause fuzz to develop into normal hair. Their g,ermicidal preparations will not penetrate below the skin surface nor will they destroy bacilli on the scalp surface. They will not prevent baldness, cause hair to grow on bald heads nor enable a person to ma.intain a thick growth of hair for any length of time. Sa.id preparations will not reopen clogged ha.ir passages, will not energize hair papillae, make sluggish blood circulation in the scalp normal, eliminate excessive falling hair, loose dandruff, itehing, dryness or oiliness of the hair and scalp. The drugs contained in said preparations and the methods and treatments used by respondents are not new 01' seientifie discoveries. As a matter of fact, all the ingredients ill said preparations and respondents' methods of treatment have been used without success for many years in an ~effort to correct falling hair, to grow hair and to prevent baldness. The designation "Triehologist" is self-assumed and the persons to whom it is applied have not undergone competent training in dermatology or any other branch of medicine pertaining to the treatment of scalp disorders affecting the hair.

Order 48 F. T. C. The use by the respondents of the foregoing false, deceptive and misleading statements and representations disseminated as aroresaid has had and now has, the capacity and tendency to, and does, mislead and deceive a substantial portion or the public into the erroneous and mistaken belief that all such statements and representations are true, and induees a substantial portion of the purchasing public to visit respondents' various offices for the purpose of obtaining treatments and to purchase respondents' products hereinabove rererred to because of such erroneous and mistaken belief, engendered as above set forth.

CONCLUSION The aforesaid acts and practices or the 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 It is ordered That the respondent Hair Experts, Inc., a corporation and 'its officers, agents, representatives and employees, and the respondents Robert W. Farrell, Harold E. Candler, and Abram Jacobson individually and as officers of said respondent corporation; their 1'13spective representatives, agents and employees, directly or through any corporate or other device, in connection with the offering for sale and sale of treatments of the hair and scalp in which the various cosmetic and medicinal prepara60ns, as set ont in the findings herein are used; and in connection with the sale, offering for sale and distribution of the various cosmetic and medicinal preparations, as set out in the findings herein, which are used in the treatment of conditions of the hair ana scalp, or any other products or preparations of substantially similar composition or possessing substantially similar properties, whether sold under the same or any other name, 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 through inference: (a) That the use of said preparations, methods or treatments by their operators in their various places of business and by purchasers of their preparations, in their homes, will cause hair to grow when growth has ceased and resulted in thin hair or partial baldness. (b) That the hair growing functions of " the scalp will berejuvenated. HAIR EXPERTS, INC. ET AL. 1373 1358 Order (c) That fuzz on the scalp will be developed into normal hair. (d) That the germicides included among their preparations will penetrate below the skin surface, kill bacteria there located and will destroy bacilli on the scalp surface.

( e) That their said preparations will prevent baldness, grow hair on bald heads and winenable an individual to maintain a thick growth of hair for life; will reopen clogged hair passages in the scalp, energize hair papillae, make sluggish blood circulation in the scalp normal eliminate excessive falling hair, loose dandruff, itching and dryness and oilness of the hair and scalp.

(f) That the preparations, treatments and methods used by respondents are new, scientific discoveries in the treatment of hair and scalp disorders.

(g) That the respondents, or any of the respondents' respective representatives, agents or employees are "Trichologists " or the use of any similar name which may tend to, or does by implication, either directly or indirectly, convey the idea or inference that such persons have had competent training in dermatology or other branch of medicine having to do with the diagnosis and treatment of scalp disorders affecting the hair.

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 respondents' products and treatments, any advertisement which contains any of the representations prohibited in Paragraph 1 of this order. ORDER TO FILE REPORT OF COMPLIANCE It is ordel' That the respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist (as required by said declaratory decision and order of l\1a.y 17, 1952). , Order 48 F. T. C.