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Goldenberg, individually and as officers of said corporation, and said respondents' officers, agents, representatives, and employees, directly or through any corporation, subsidiary, division or other device, in connection with the advertising, sale, offering for sale or distribution of any product, forthwith cease and desist from directly or indirectly:

A. 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 or any product package which relates or depicts the application process or method of use of such product which, in any way negates, is inconsistent with or detracts from the effectiveness of any of the "Type A" or "Type B" precautions set forth in the directions for use of such product.

B. Disseminating, or causing to be disseminated, by any means, any advertisement or any statement made on the product package, for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase of such product in commerce, as "commerce" is defined in the Federal Trade Commission Act, which contains any representation prohibited by Paragraph IV(A), above.

V

It is further ordered, That respondent C.E.B. Products, Inc., a corporation, its successors and assigns, and said respondent's officers, agents, representatives, and employees (but not Charlotte E. Barth or Herman Goldenberg in their individual capacities, nor A. Eicoff & Co., a corporation) directly or through any corporation, subsidiary, division, or other device, within 30 days from the entry of this order:

A. Correct (1) each and every previously disseminated point-ofpurchase advertisement and cooperative print advertising copy for Dark-Eyes Lash and Brow Tint in the possession of any wholesaler, distributor or retail store (hereinafter referred to as "retailer") at the time of the entry of this order, and (2) each and every product package for said product which has been sold or otherwise distributed by respondent or its agents, distributors, wholesalers or chain headquarters, to wholesalers, distributors and retailers, which has not been sold to the ultimate consumer at the time of entry of this order, which contains the statements or representations prohibited in Paragraph I(A) of this order or which fails to contain the specific disclosure required in Paragraph I(B) of this order. The provisions of this Paragraph shall be fulfilled as follows:

i. With respect to cooperative print advertising copy, respondent shall (a) recall and retrieve such copy, or (b) instruct directly (or in the case of chain retailers, through chain headquarters) each and every

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such wholesaler, distributor or retailer to destroy such copy, and obtain from each such wholesaler, distributor and retailer a signed statement acknowledging the fact of said destruction.

ii. With respect to point-of-purchase advertising and product packages, respondent shall:

(a) Recall and retrieve said packages and advertising; or

(b) Distribute directly (or in the case of chain retailers, through chain headquarters) to each and every such wholesaler, distributor and retailer corrected product packages and advertising, instruct them that the packages and advertising which fail to comply with Paragraphs I(A) or (B) of this order are to be destroyed, and obtain from each such wholesaler, distributor and retailer, a signed statement acknowledging the fact of said destruction; or

(c) Distribute directly (or in the case of chain retailers, through chain headquarters) to each and every such wholesaler, distributor and retailer gummed strips to be placed on advertising and product packages, to obscure any representations prohibited by Paragraph I(A) of this order, and to include the disclosure required by Paragraph I(B) of this order, and obtain from each such wholesaler, distributor and retailer a signed statement acknowledging the fact of the placement of said gummed strips; or

(d) Distribute directly (or in the case of chain retailers, through chain headquarters) to each and every retailer to which respondent or its agents, distributors, wholesalers, or chain headquarters, sold or otherwise distributed Dark-Eyes Lash and Brow Tint, the point-ofpurchase display attached hereto as Appendix A, (printed on any pastel colored paper), instruct each and every such retailer that such display is required to be prominently displayed adjacent to the packages of the product offered for sale by such retailer for such period of time as any package of Dark-Eyes Lash and Brow Tint which does not contain such disclosure required by Paragraph I(B) of this order is offered for sale or is on display in the store of such retailer, and obtain from each such retailer a signed statement acknowledging that such display has been placed as hereinbefore described;

Provided, however, That if respondent is unable to secure from any such wholesaler, distributor or retailer such a signed statement, it shall forthwith provide to the Commission an affidavit setting forth (a) the name of such wholesaler, distributor or retailer, (b) a description of respondent's attempts to secure such a signed statement and (c) the reasons for respondent's inability to secure such a signed statement; Provided further, however, That if respondent is unaware of the identity of any such retailer, it shall forthwith provide to the Commission an affidavit setting forth (a) a description of respondent's

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attempts to ascertain the identity of such retailer, and (b) the reasons for respondent's inability to ascertain the identity of such retailer.

B. Mail to each and every individual, partnership, corporation, or other entity to which said respondent or any of its officers, employees, or agents, including but not limited to A. Eicoff & Co., has, since Jan. 1, 1972, represented by letter that Dark-Eyes Lash and Brow Tint contains 1 percent silver nitrate, or has otherwise inaccurately or incompletely stated the formulation for Dark-Eyes Lash and Brow Tint, a letter correctly stating the complete formulation for each color of said product and include in said letter, a statement that the Federal Trade Commission had determined that Dark-Eyes Lash and Brow Tint can cause severe pain and irritation for a substantial period of time to the eyes of users of Dark-Eyes Lash and Brow Tint.

VI

It is further ordered, That notwithstanding the foregoing, Parts II, III, and IV, hereof shall not apply to the individual respondents Charlotte E. Barth and Herman Goldenberg, as an individual or as an agent of any corporation other than respondent C.E.B. Products, Inc., its successors or assigns, in her or his capacity as sales representative, jobber or in other similar capacities in which she or he sells, distributes, or disseminates packages or advertising, the claims or representations over which she or he has no control; Provided, however, That this exemption shall not apply to oral or written statements or representations originated by said individual respondents or those which she or he knew, at the time made to be false.

It is further ordered, That, notwithstanding the foregoing, Parts I, II, III, IV, and V, hereof, shall not apply to statements or representations, including but not limited to, statements or representations made in advertising or contained on or within the product package, which are or were disseminated or caused to be disseminated solely outside of the United States or its territories; Provided, however, That all "labeling" (as that term is defined in Section 201(m) of the Food, Drug and Cosmetic Act) shall comply with Section 801(d) of the Food, Drug and Cosmetic Act, as amended, and regulations thereto.

VII

It is further ordered, That the corporate respondent shall forthwith distribute a copy of this order to each of its operating divisions.

It is further ordered, That the corporate respondent notify the Commission at least thirty (30) days prior to any proposed change such as dissolution, assignment or sale resulting in the emergence of a

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successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of the order.

It is further ordered, That each respective individual respondent named herein promptly notify the Commission of the discontinuance of his or her present business or employment and/or his or her affiliation with a new business or employment in which he or she is involved in a management, policymaking or ownership capacity. Such notice shall include his or her current business address and a statement as to the nature of the business or employment in which he or she is engaged, as well as a description of his or her duties and responsibilities.

It is further ordered, 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 this order.

APPENDIX

A

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WARNING: 'Dark - Eyes'
can cause severe pain to
the eye for a substantial
period of time.

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