583 Complaint IN THE MATTER OF A. EICOFF & CO. CONSENT ORDER, IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket C-2651. Complaint, Mar. 17, 1975 - Decision, Mar. 17, 1975 Consent order requiring a Chicago, Ill., advertising agency, among other things to cease disseminating advertising material or product packaging which fails to provide consumers with warning information regarding use of the product when necessary. Appearances For the Commission: Stewart A. Block and Marvin R. Lange. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that A. Eicoff & Co., a corporation, hereinafter referred to as respondent, has violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: PARAGRAPH 1. For purposes of this complaint, the following definitions shall apply: 1. "Commerce" means commerce as defined in the Federal Trade Commission Act; 2. "False advertisement" means false advertisement as defined in the Federal Trade Commission Act; 3. "Dark-Eyes" means the product "Dark-Eyes Lash and Brow Tint" in each formulation in which it is packaged and sold to the public. 4. "Product package" means the package in which "Dark-Eyes Lash and Brow Tint" is contained and sold. PAR. 2. Respondent is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Illinois, with its office and principal place of business located at 520 N. Michigan Ave., Chicago, Ill. PAR. 3. Respondent is now, and for all times relevant to this complaint has been, an advertising agency of C.E.B. Products, Inc., and now, and for all times relevant to this complaint, has prepared and placed for publication and has caused the dissemination of the television advertisements referred to herein, to promote the sale of a liquid eyelash and eyebrow darkener, sold and distributed by C.E.B. Products, Inc., and designated as "Dark-Eyes Lash and Brow Tint." Said product is a "cosmetic" as that term is defined in Section 15 of the Federal Trade Commission Act. PAR. 4. In the course and conduct of its aforesaid business, respondent has disseminated, or has caused to be disseminated, in commerce, advertisements for the purpose of inducing, or which are likely to induce, the purchase of "Dark-Eyes," and has disseminated or has caused to be disseminated advertisements for the purpose of inducing, or which are likely to induce, the purchase, in commerce, of "Dark-Eyes." PAR. 5. Among the advertisements disseminated by means of television, but not all inclusive thereof, are the following: Complaint 85 F.T.C. A. EICOFF & COMPANY . advertising marketing 520 N. MICHIGAN AVE. · CHICAGO, ILLINOIS 60611 PAR. 6. Through use of the advertisements set forth in Paragraph Five, and other advertisements not specifically set forth herein, respondent has represented directly or by implication that the application process depicted and described in the aforementioned advertisements is the complete process for the application of "DarkEyes." PAR. 7. In truth and in fact the application process depicted and described in the advertisements set forth in Paragraph Five and in other advertisements not specifically set forth herein is not the complete process for application of "Dark-Eyes.” The instructions for application contained inside the product package include additional procedures including covering all working surfaces with newspapers to protect against spills and stains, and application of Vaseline Petroleum Jelly to all areas of the skin around the eyes other than the eyelashes and eyebrows to prevent the unwanted staining of those areas. Said additional procedures are precautions required for prevention of unwanted results. PAR. 8. Therefore, the statements and representations set forth in Paragraph Six are false and misleading in a material respect and constitute false advertisements and unfair or deceptive acts or practices in commerce. PAR. 9. By use of the advertisements set forth in Paragraph Five, and other advertisements not specifically set forth herein, respondent has presented demonstrations of the process of application of "DarkEyes." For the reasons set forth in Paragraph Seven, said demonstrations substantially vary from and disregard the precautions set forth in the instructions for application of "Dark-Eyes" which are contained within the product package. PAR. 10. Therefore, the advertisements set forth in Paragraph Five, and other advertisements not specifically set forth herein, negate the importance of closely following said instructions for application of "Dark-Eyes" and detract from the effectiveness of said precautions and constitute false advertisements and unfair or deceptive acts or practices in commerce. PAR. 11. In the course and conduct of its aforesaid business, and at all times mentioned herein, respondent has been and now is, in substantial competition in commerce with other advertising agencies. PAR. 12. The aforesaid acts and practices of respondent, as herein alleged, including the dissemination of false advertisements, as aforesaid, were and are all to the prejudice and injury of the public and of respondent's competitors, and constituted and now constitute unfair methods of competition in commerce and unfair or deceptive acts or |