place of business in Chicago, Ill., to the purchasing and consuming public in the several States of the United States, which so-called "Youthray" so advertised, represented, described, sold, and distributed was in truth and in fact a lead and sulphur dye and when applied as directed by respondents acted only as a dye. It could not and did not, when applied, act through the hair channels nor restore the original and natural color to gray hair by supplying the natural color pigment to the inside of the hair through its roots; nor could or did said product, when applied as directed by respondents, cause nature to assimilate such coloring matter or to replenish the color glands of the hair with the natural coloring matter. Said so-called "Youthray", when applied to the scalp as directed by respondents, was apt to be harmful to the human body and to cause disease of the skin. The color produced on the hair by said so-called "Youthray" would and did become impaired by shampooing or bathing in salt or fresh water and would and did wear off. Said so-called "Youthray" was not a stimulant to hair growth, nor was it effective in any degree as a remedy or cure for dandruff.

PAR. 5. The aforesaid statements and representations set out in subparagraphs (1), (2), (3), (4), (5), (6), and (7) of paragraph 3 hereof, and published and circulated by respondents as hereinbefore set forth, were false, had the capacity and tendency to and did mislead and deceive large and substantial numbers of the consuming public into purchasing said so-called "Youthray" in and because of the erroneous belief that said statements and representations were true in fact, all to the prejudice and injury of the public and of respondents' competitors.

CONCLUSION

The aforesaid false, misleading or deceptive statements, representations or assertions made by respondents, under the conditions and circumstances described in the foregoing findings, tended to and had the effect of unfairly diverting trade from respondent competitors, were to the prejudice and injury of the public, and constitute unfair methods of competition in interstate commerce in violation of the 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 complaint of the Commission, the answer of re

spondents thereto, and the stipulation as to the facts in lieu of testimony executed and filed by the respondents and the chief counsel of the Commission, and the Commission having made its findings as to the facts with its conclusion that the respondents have violated the provisions of the 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 respondents, Marion Butler Kirtland and Roy M. Kirtland, and each of them, their agents, representatives, servants, and employees, cease and desist, in connection with the sale and distribution in interstate commerce of any preparation or product for the care, treatment or dressing of the human hair or skin(1) From making or causing to be made in any manner whatsoever any representations, statements, or assertions to the effect that such perparation or product (a) is not a dye, (b) or that it does not act as a dye, (c) or that it will restore gray hair to its original or natural color, (d) or that it acts through the hair channel or that it supplies color pigment to the inside of the hair through the roots or otherwise, (e) or that it causes nature to assimilate such coloring matter, (f) or that it replenishes the color glands of the hair, (g) or that the color produced thereby will not come off or can not be impaired by shampooing or bathing, (h) or that it is harmless or will not produce harmful or deleterious effect upon the user, (i) or that it is beneficial to the scalp, (j) or that it is a stimulant to hair growth, (k) or that it is a remedy or cure for dandruff; when any such statements, representations, or assertions are not respectively true in fact.

(2) From making or causing to be made in any manner whatsoever any other false, misleading, or deceptive representation, statement, or assertion of or concerning the ingredients, uses, effects, action, origin, manufacture, sale, or distribution of any such preparation or product.

It is further ordered, That respondents, Marion Butler Kirtland and Roy M. Kirtland, shall, within 30 days after the service upon them of copies 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 hereinabove set forth.

Syllabus

IN THE MATTER OF

BOWEY'S, INCORPORATED

COMPLAINT (SYNOPSIS), FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914

Docket 1533. Complaint, July 21, 1928—Decision, June 29, 1929

Where a corporation engaged in the manufacture and/or sale of true fruits, true fruit flavors, and imitation fruit flavors made from aldehydes and esters, with acids and aniline colors, for compounding drinks simulating the color and taste of those made with the juices of the grape, cherry, and raspberry, respectively, sold under the names "Cherry Flip", "Raspberry Flip", and "Grape Flip", along with its true fruit "Lemon Flip" and "Orange Flip", to jobbers and operators of pool rooms and soda fountains, (a) Conspicuously labeled the containers of its said imitation fruit flavors, "Grape Flip", "Cherry Flip", or "Raspberry Flip", as the case might be, together with the word "imitation" in relatively inconspicuous letters, and supplied and sold to customers coolers containing the words "Bowey's Fruity Flips, Chicago, U. S. A.", together with labels to be pasted upon the bottom thereof, exposed to view upon the inverting of the cooler or bottle, containing the words “Grape Flip", "Cherry Flip", or "Raspberry Flip", and with the word "imitation" in much smaller letters; and

(b) Advertised its said "Grape Flip" in a trade periodical of nation-wide circulation among dealers and dispensers of soft drinks, under the aforesaid name, and characterized the same, along with two other true fruit filips, as "dripping with the full, ripe, luscious flavor of the ripe fresh fruit", without indicating the imitation character of said first named product, and in its “Wholesale Price List of Crushed Fruit, Concentrated Fruit Stocks, Fudges, Hot Chocolate Powder, For the Soda Fountain ", sent to customers, represented that its "Fruit Stocks and Concentrated Fruit Syrups are of Highest Quality and our Low Temperature Method of Packing Preserves in Full, Rich Flavor of Fresh Fruit", and described its fruitless imitation flavors as "Grape Flip, Cherry Flip, and Raspberry Flip", without disclosing that said flips were not made from true fruits; With the capacity and tendency to mislead immediate buyers of its said imitation grape, cherry, and raspberry flavors into the belief that the same were made in whole or in part of the juice or fruit so designated, and to mislead and deceive ultimate purchasers of beverages made therefrom into believing the same to be composed in whole or in part of the fruit or juice designated :

Held, That such practices, under the circumstances set forth, were to the prejudice of the public and competitors and constituted unfair methods of competition.

Mr. E. J. Hornibrook for the Commission.

Lannen & Hickey, of Chicago, Ill., for respondent.

Complaint

SYNOPSIS OF COMPLAINT

13 F. T. O.

Reciting its action in the public interest, pursuant to the provisions of the Federal Trade Commission Act, the Commission charged respondent, an Illinois corporation engaged in the manufacture of flavoring extracts, concentrates and syrups not containing any fruit or fruit juices, and in the sale thereof to purchasers in various States for use in compounding soft drinks, and with principal office and place of business in Chicago, with naming product misleadingly, misbranding or mislabeling and advertising falsely or misleadingly in violation of the provisions of section 5 of such act, prohibiting the use of unfair methods of competition in interstate commerce.

Respondent, as charged, engaged as above set forth, brands, labels, describes, and sells its said product as "Bowey's Fruity Flips," Grape Flip," "Cherry Flip," "Strawberry Flip," and "Raspberry Flip," and advertises said products thus labeled, branded, and described, in newspapers, magazines, periodicals, pamphlets, and other publications of general circulation throughout the various States with such representations as "Bowey's fruit stocks are concentrated syrups of the highest quality prepared at low temperature to preserve the delicious flavor of the fresh fruit," " Our low temperature method of packing, preserves the full rich flavor of the fresh fruit," "Highly concentrated flavors of the richest, truest aroma of the fresh fruit," "Dripping with the full, rich, luscious flavor of the ripe, fresh fruit," "Equal in flavor to the juice of the fresh squeezed fruit," and supplies its said extracts thus branded, labeled, described, and represented as regards the nature and character thereof, to dispensers of soft drink beverages, for display and by whom they are thus displayed to the public in the sale of beverages compounded therefrom. Respondent's said brands, trade names, labels, descriptions, and representations of its said product, as charged, "have the capacity and tendency to, and do, mislead purchasers of said flavoring extracts, concentrates, and syrups and the beverages made there from into the belief that said flavoring extracts, concentrates, syrups, and beverages are composed, in whole or in part, of the fruits or the juice of the fruits, as represented and described, and the said advertising matter supplied to the dispensers and distributors of said flavoring extracts, concentrates, syrups, and beverages, and said trade names, brands, and labels furnish them with the means of deceiving and defrauding the consuming public," and respondent's said acts and practices, as above set forth, tend to and do divert business from and otherwise injure and prejudice competitors, among whom there are individuals and concerns dealing in pure fruit juices or extracts,

truthfully marked and advertised by them; all to the prejudice of the public and of respondent's competitors.

Upon the foregoing complaint, the Commission made the following

REPORT, FINDINGS AS TO THE FACTS, AND ORDER

Pursuant to the provisions of an act of Congress approved September 26, 1914, the Federal Trade Commission issued and served a complaint upon the respondent, Bowey's, Inc., charging it with the use of unfair methods of competition in commerce, in violation of the provisions of section 5 of said act.

Respondent having entered its appearance and filed its answer to said complaint, hearings were had before a trial examiner, theretofore duly appointed, and testimony was heard and evidence received in support of the charges stated in the complaint, and in opposition thereto. Thereafter, this proceeding came on regularly for decision, and the Commission having duly considered the record, and being now fully advised in the premises, makes this its report, stating its findings as to the facts and conclusion drawn therefrom:

FINDINGS AS TO THE FACTS.

PARAGRAPH 1. Respondent, Bowey's, Inc., is an Illinois corporation with its principal place of business in the city of Chicago. It was incorporated in the year 1908. It is engaged in the manufacturing and selling to jobbers and operators of pool rooms and soda fountains located in the several States of the Union, true fruits, true fruit flavors and imitation fruit flavors for use in compounding soft drinks. These fruits and flavors are named and called by respondent, Bowey's Lemon Flip, Bowey's Orange Flip, Bowey's Cherry Flip, Bowey's Raspberry Flip and Bowey's Grape Flip. The first two named flips are made from true fruit. The last three named flips are imitation fruit flips, artificially flavored and colored, and are entirely free of any fruit or the juice of any fruit. These three imitation fruit flavors are made from aldehydes and esters with acids and aniline colors for compounding drinks which simulate the color and taste of drinks made with the juices of the grape, cherry and raspberry, respectively.

PAR. 2. Respondent causes its products, when so sold, to be shipped from said place of manufacture through and into other States of the United States to the purchasers thereof, and in the course and conduct of its said business is in competition with other corporations, partnerships, and individuals making and/or selling true fruit juices and flavors and imitation fruit flavors in commerce.