Merrill Hair & Scalp Consultants, Inc.
Volume 54 · 54 F.T.C. 1304
deceptive advertisinghealth claims
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Merrill Hair & Scalp Consultants, Inc., 54 F.T.C. 1304 (1958). Consumer Law Library, https://consumerlawlibrary.org/decisions/v054-0209
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In THE MATTER OF MERRILL HAIR & SCALP CONSULTANTS, INC., ET AL. ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6808. Complaint, May 16, 1957'!—Decision, Apr. 11, 1968 Order dismissing—for the reason that the two principal respondents had moved to Australia and were not available as witnesses and the two remaining had not been associated with the corporate respondents for many months, and such corporations were no longer operating—complaint charging two affiliated companies with misrepresenting the benefits of their hair and scalp preparations.
Mr. Harold A. Kennedy and Mr. Thomas F. Howder for the Commission.
Mr. Richard M. Welling, of Charlotte, N.C., for respondents. Initi1aL Decision By J. Ear, Cox, Hearinc EXAMINER Counsel in support of the complaint have filed a motion to dismiss the complaint in the above-entitled proceeding, and, in support of said motion, state that:
1. The two principal individual respondents, William L. Keele and Jimmie Merrill Keele, have moved to Australia and are not available as witnesses;
2. Only one of the two principal respondents, William L. Keele, was served with the complaint;
3. The one principal respondent served with the complaint in this matter, William L. Keele, was also named in docket 6589 involving substantially the same charges, and will undoubtedly be subject to any cease-and-desist order issued in such case; 4. It appears that the two remaining individual respondents, Glenn O. Abbott and John Benton Saunders, have not been associated with either of the corporate respondents for many months; and 5. Counsel supporting the complaint are now advised that the two corporate respondents named in this proceeding are not now operating in the United States.
No evidence having been presented in this proceeding, and it appearing that said motion is reasonable and proper under the circumstances stated, It 1s ordered, That the complaint herein be, and the same hereby is, dismissed without prejudice to the right of the Commission to take such further action as circumstances may warrant. 1 Amended September 12, 1957.
MERRILL HAIR & SCALP CONSULTANTS, INC., ET AL. 1305 1304 Decision DECISION OF THE COMMISSION Pursuant to section 3.21 of the Commission’s rules of practice, the initial decision of the hearing examiner shall, on the 11th day of April 1958, become the decision of the Commission. Decision 54 E.T.C.