only one-half or one-third as strong as Calumet. The test itself is misleading and deceptive in such cases and in similar ones, even when the salesman or demonstrator makes no statement as to comparative gas strength or leavening efficiency. The spectator, housewife, or dealer sees the respondent's powder rise to the top of the glass during the test and remain sustained; he sees the competing powder fail to rise or after having risen collapse. Such a test causes the average spectator to conclude that respondent's powder is stronger, or more efficient, when, as a fact, the test furnishes no evidence whatever as to the comparative leavening strength of the powders tested, and is, in fact, not a test of leavening strength, or of baking efficiency.

PAR. 12. The action of Calumet Baking Powder in the cold water glass test-that is, the extent to which the foam mixture rises and the size, character, and uniformity of the gas bubbles in said foam mixture is in no wise similar or comparable to the action of said powder when mixed with doughs or batters for baking purposes. The flour in a batch of dough contains several hundred times as much soluble protein as the albumenized baking powder in said batch contains. The flour albumen functions in the same way as the egg albumen in the cold water glass test, and water glass tests made with albumen from wheat are indistinguishable from those made with egg albumen. The addition of one part of egg albumen in baking powder to a batch of dough already containing several hundred parts of flour albumen has no appreciable or measurable effect in the leavening power or efficiency of the baking powder used. Respondent's agents are constantly directed and required by it to assert and they do assert, that the addition of dried white of egg (fifteen-hundredths of 1 per cent) to Calumet Baking Powder serves as a distinct aid to the efficiency of said powder and that it contributes to an appreciable degree in producing lightness in biscuits. These statements are false.

PAR. 13. In some instances the salesmen and demonstrators of respondent test Calumet Baking Powder only and the retail dealer or housewife is advised that they may make their own tests in a similar way of competing powders, or they are advised that the tests show the leavening strength, purity, and freshness of Calumet Baking Powder. Respondent prints instructions with regard to the making of the water glass test which are widely distributed by it both to dealers and housewives as follows:

HOW TO MAKE THE TEST

First, take an ordinary drinking glass holding one-half pint, or in other words, the quantity that is usually known in the household as "one-cupful". All that is needed is this empty glass, which must be dry, an ordinary teaspoon and a

Findings

13 F. T. C. little water of the ordinary room temperature (not ice water nor hot water). Place 2 level teaspoonfuls of the powder in the dry glass, to which add the same quantity (2 teaspoonfuls) of water, quickly; stir rapidly for a moment; (while counting 5) just long enough to thoroughly moisten the powder; remove the spoon and watch the mixture rise. Note the action of the powder. CALUMET rises slowly and evenly, requiring 2 minutes to show the full strength. If the powder is of full strength, and you have proceeded properly, the gas released will form bubbles sufficient to HALF fill the glass.

The statement of the respondent, " If the powder is of full strength and you have proceeded properly, the gas released will form bubbles sufficient to half fill the glass", is false and deceptive. The alleged test is in no sense a true test for or of the leavening strength of Calumet or any other powder. A powder which is 2 per cent or even 3 per cent below the legal standard set for carbon dioxide (leavening) strength by the United States Department of Agriculture or by the laws or regulations of various States, will, if it contains white of egg, act in the cold water test as favorably as a powder containing the full legal strength or even going 3 per cent above it; and such a test has the capacity and tendency to mislead and deceive the dealer or housewife who relies upon same to determine the strength of the baking powder to be sold or used.

PAR. 14. The Department of Agriculture of the United States on February 26, 1918, adopted as a guide for the officials of that department in enforcing the Food and Drugs Act, the following standard of strength for baking powder shipped in interstate commerce: It yields not less than 12 per cent of available carbon dioxide.

A number of the States of the Union have adopted the standard of the Department of Agriculture of 12 per cent, and baking powder offered for sale which has a carbon dioxide strength less than 12 per cent by weight is subject to seizure and condemnation by the authorities of said States and the food officials of most of the States of the Union are charged with the duty of seizing and condemning baking powder which does not conform to the minimum standard of available gas strength, in some States 10 per cent by weight, but in most States 12 per cent by weight.

As a result of a great number of chemical analyses of cans of Calumet Baking Powder purchased on the open market, it was found that many of these powders containing less than 12 per cent available carbon dioxide gas strength by weight produced larger volumes of foam in the cold water glass test than samples of said powder containing more than 12 per cent available carbon dioxide gas. In many cases water glass tests of Calumet powder containing less than 12 per cent available carbon dioxide gas gave foam volumes sufficient to one-half fill an 8-ounce glass, or to more than one-half fill

it, and in some instances Calumet powders containing less than 10 per cent available carbon dioxide gas gave foam volume in the water glass test sufficient to one-half fill an 8-ounce glass. A large number of housewives used samples of Calumet Baking Powder purchased on the open market and followed the printed instructions of respondent for the making of the cold water glass test, made said tests in accordance with their understanding of said instructions. One hundred and nine housewives made these tests using powders ranging in available carbon dioxide gas strength from 8.51 per cent to 12.15 per cent, most of said powders having an available gas strength of less than 10 per cent. Over 80 per cent of the water glass tests so made gave a foam volume more than sufficient to one-half fill an 8-ounce glass.

PAR. 15. At times the respondent distributes literature or causes to be advertised in the daily press, in connection with the water glass tests made or to be made by its representatives, the following statement:

The demonstration and test she will make are interesting and instructive. The test is not a comparative test of the strength of different baking powders because the water glass test does not show the strength of baking powder that does not contain white of egg. The test will, however, show the superiority of Calumet in other respects and prove why it has solved all baking problems in millions of homes.

Snow King Baking Powder manufactured by the Kenton Manufacturing Co. of Cincinnati, Ohio, contains fifteen one-hundredths of 1 per cent of dried white of egg and can be tested for available gas strength by dealers and housewives under the above quoted directions of respondent. The cold water glass test of Snow King Baking Powder which is approximately 15 per cent stronger in carbon dioxide gas than respondent's powder, produces a foam mixture of not more than half as much as the cold water glass test of respondent's powder. Other competing powders, also containing dried white of egg, but which contain acid ingredients which do not react in cold water to the same extent that the acid ingredients in respondent's powder react are tested or demonstrated against by respondent with results similar to those obtained in a test of Snow King Baking Powder.

PAR. 16. Where the respondent makes the cold water glass test against competing powders containing dried white of egg and also containing acid ingredients which react in cold water to the same extent that the acid ingredients in Calumet Baking Powder react, the salesman or demonstrator of respondent calls attention to the difference in the size and uniformity of the gas cells and strikes the

testing glasses sharply with his hand or against the table which usually causes the foam mixture of the competing powder to collapse but leaves the foam mixture of the Calumet test standing. In many instances the glass containing the foam mixture of Calumet is inverted and the mixture does not fall from the glass. In the case of the competing powders, the mixture will pour out. The dealers and housewives are told by respondent's salesmen and demonstrators that doughs or batters in which respondent's powder and the competing powders are used will function in the baking just as the foam mixtures have functioned in the water glass test.

That is to say, those food products in which competing powders are used will collapse or become heavy or soggy in the baking and those in which Calumet Baking Powder are used will remain light, well leavened, and palatable.

The recipes of respondent call for one level teaspoon of its baking powder to 1 cup of flour, and for 4 level teaspoons of its powder to 1 quart of flour. The fifteen one-hundredths of 1 per cent of dried white of egg in 1 level teaspoon of Calumet Baking Powder is equivalent to one eight-hundred-and-forty-third part of the white of one fresh egg, and in 4 level teaspoons of said powder the dried white of egg present is equivalent to one two-hundred-and-tenth part of the white of one fresh egg. The addition of the aforestated quantities of dried white of egg to doughs or batters made up with the stated quantities of flour has no appreciable or measurable effect in producing larger volumes of baked products or lighter or better leavened cakes or biscuits.

PAR. 17. Respondent alleges that the cold water test is valuable and necessary, in order to protect the retail grocer and the housewife by removing deteriorated powders from the grocer's shelves and from the housewife's kitchen. There is no evidence that the test is so used by grocers or by housewives. Most deteriorated powders offer physical evidence of deterioration, such as the condition of the powders, etc., and these physical evidences are equally, if not more dependable than the water glass test, and do not offer the opportunities for studied deception that the water glass test necessarily and inherently possesses.

PAR. 18. The addition of white of egg to a baking powder does not add to its carbon dioxide strength nor increase its baking efficiency. The water glass test is not a test for carbon dioxide or leavening strength, and when made with the powder of respondent, only, is misleading and deceptive. The water glass test is not a test for carbon dioxide or leavening strength, and when made in comparison

with competing powders which do or do not contain dried white of egg is misleading and deceptive and inherently possesses the capacity and tendency to deceive the merchant or consumer before whom it is made.

PAR. 19. As a result of the making of the cold water glass test by respondent's salesmen and demonstrators as they are authorized, directed, and required by respondent to make it, and as a result of the misrepresentations and false statements of respondent and its agents both as to the alleged superiority of Calumet Baking Powder and the alleged inferiority of competing baking powders made in conjunction with and as a part of the said cold water glass test countless housewives and others of the consuming and purchasing public have made purchases of said Calumet Baking Powder. Said sales of respondent's product have been secured by the false, deceptive, and misleading oral and written statements and representations of respondent and its authorized agents.

CONCLUSION

The practices of the respondent under the conditions and circumstances set forth in the foregoing findings are to the prejudice of the public and of respondent's competitors, and are unfair methods of competition in commerce and constitute a violation of section 5 of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes."

ORDER TO CEASE AND DESIST

This proceeding having been heard by the Federal Trade Commission upon the amended complaint of the Commission and upon the answer of the respondent filed herein, and the Commission having made its findings as to the facts and its conclusion that the respondent has violated the provisions of an act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes":

It is now ordered, That the respondent above named, Calumet Baking Powder Co., its officers, agents, representatives, and employees, in connection with the sale or distribution in interstate commerce of Calumet Baking Powder, do cease and desist:

1. From making the water glass test described and set out in the findings of fact herein with Calumet Baking Powder in comparison with any other baking powder.