W.M. Barr & Company

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IN THE MA ITER OF M. BARR & COMPANY CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-2633. Complaint, Feb. 10 1975 - Decision, Feb- 10, 1975 Consent order requiring a Memphis, Tenn., manufacturer and seller of paint removers and chemical specialties for the paint industry, among other things to cease misrepresenting the safety of its products; using the word "safe" in any advertisements regarding its products; and making any representations which contradict or are inconsistent with warings on product labels. Appeamnces For the Commission: Miriam A. Bendr. For the respondent: Pro Be.

COMPLAINT Pursuant to the Federal Trade Commision Act, and by viue of the authority vested in it by said Act, the Federa Trade Commission having reason to believe that W. M. Bar & Company, a corpration hereinafter sometimes referred to as respondent, ha..; violated the provisions of said act, and it appearing to the Commission that a proceeding hy it in respect thereof would be in the public interest hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH L Respondent W. M. Barr & Company is a corpration, organied, existing and doing business under and by virue of the laws of the State of Tennessee, with its principal offce and place of business located at 2336 So. Lauderdale, Memphis, Tenn. Its mailig address is O. Box 1879, Memphis, Tenn.

PAR. 2. Respondent is now, and for some time last past has been engaged in the manufacture and sale of paint removers and chemical specialties for the paint industry.

214 FEDERAL TRADE COMMISSION m CISIONS Complaint 85 F .

PAR. 3. In the course and conduct of its business as aforesaid respondent now causes, and for some time last past ha. caused the said products, when sold, to be transported from its place of business in one - State of the United States 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 substantial course of trade in said products in commerce as commerce" is defined in the ederal Trade Commission Act. PAR. 4. In the course and conduct of its said business, and for the purose of inducing the purchase of its paint removers, respondent has made, and is now making, numerous statements and representations in advertising printed in varous jourals and in other promotional materials concerning the safety and efficacy of these products. PAR. 5. Typical and ilustrative of the statements and representations in said advertising and promotional materials disseminated as aforesaid, but not all inclusive thereof, are the following: Are you sellng the SAFER REMOVER? Is it NON-POISONOUS? Is it FIRE- PROOF? REA VY-BODIED KLEAN-STRIP "IS" SAFER! (Klean Strip s) non-poisonous formula makes it safer to have in the home . Nonflammable, non-explosive formula is safer for anywhere. Klean Strip The Safer Remover.

PAR. 6. Through tbe use of the aforesaid statements, respondent has represented, directly or by implication, that their Klean-Strip Paint Removers are safe, non-toxic or hazard-free products. PAR. 7. In truth and in fact the aforesaid product is not safe, nontoxic or hazard-free. Labels affixed to these products specifically war users that the product is harful if swallowed, may cause skin irritation, and should not be taken internally, that inhalation of its vapors should be avoided, and that the product should be kept out of the reach of children.

Therefore, the statements and representations set forth in Paragraph Five hereof were, and are, misleading and deceptive. PAR. 8. By advertising Klean-Strip Paint Remover in a manner which substantially vares from and disreg-d.rds warngs and instructions for use found on the labels of such products, respondent negates the import and detracts from the effectiveness of such warnngs and instructions. Therefore, by disseminating advertising and other promotional material referred to in Pargrph Eight above, respondent has committed unfai or deceptive acts or practices. PAR. 9. The use of safety claims regarding products which are required to carr precautionar labeling is in itself unfair and hab the capacity and tendency to mislead and deceive users of such products into the erroneous and mistaken belief that they are handling safe products.

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213 Decision and Order Therefore, by disseminating advertising and other promotional materials with safety claims for such products, respondent has committed unfair or deceptive acts or practices. PAR. 10. In the course and conduct of its business as aforesaid and at all times mentioned herein respondent has been in substantial competition, in commerce, with corporations . firms and individuals, in the sale of paint removers and chemical speciality products of tbe same general kind and nature as that sold by respondents. PAR. I L The aforesaid acts and practices of respondent, as herein alleged, were and are all to the prejudice and injury of the public and respondent' s competitors, and constitute unfair or deceptive acts or practices and unfair methods of competition in violation of Section 5 of the Federal Trade Commission Act.

DECISION AND ORDER The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondent named in the caption hereof, and the respondent having been furshed thereafter with a copy of a draft of complaint whicb the bureau proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondent with violation of the Federa Trade Commission Act; and The respondent and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signng of said agreement is for settlement purposes only and does not constitute an admission by respondent that the law has been violated as alleged in such complaint and waivers and other provisions as required by the Commission rules; and The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondent has violated the said act, and that complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agrement on the public record for a period of sixty (60) days, now in furher conformty with the procedure prescribed in Section 2.34(b) of its rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1. Respondent W. M. Bar & Company is a corpration organied existing and doing business under and by virtue of the laws of the State of Tennessee, with its office and principal place of business located at 2336 So. Lauderdale, Memphis, Tenn.

Decision and Order 85 F. 2. The Federa Trade Commssion has jursdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

ORDER It is ordered That respondent, W. M. Bar & Company, a corpration, its successors and assigns, and respondent's officers, representatives agents and employees, directly or through any corpration, subsidiary, division or other"device, in connection with the advertising, offering for sale, sale or distribution of any of its products with preutionar labeling, (sometimes referred to hereinafter as "such products ) do forthwith cease and desist from:

A. Representing, directly or by implication, omlly or in writing, that Klean-Strip Paint Remover, or any other such products, are safe non-toxic, non-injurous non poisonous non-hazdous. B. Using the word safe, or any form thereof, in any advertisement promotional material or other representation reg-"rding such products. C. Making any representation, directly or by implication, orally or in wrting, which contraicts, is inconsistent with or detracts from the effectiveness of any warning, caution or direction for use required to be set forth on the label or labeling of such product. It is further ordered That respondent forthwith distribute a copy of this order to each of its operating divisions eng-aged in the manufactur, sale, promotion, advertising or distribution of products subject to this order, and to all present and futur employees or respondent engaged in the advertising, promotion, sae or distribution of such products.

It is further ordered That respondent notify the Commission at least thirty (30) days prior to any propose chage in the corporate respondent such as dissolution, assignent or sale, resulting in the emergence of a successor corpration, the cretion or dissolution of subsidiaries or any other change in the corpration which may affect compliance oblig-"tions arising out of this order. MEN' S MARKET SERVICE, INC., ET AL. 217 217 Complaint It is further ordered That respondent corporation shall within sixty (60) days after service upon it of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which it has complied with the provisions of this order.