In the Matter of the Complaint Against HAIR-GRO, 408 North High Street at Salem, Indiana 47167 P.S. Docket No. 7/92 November 16, 1979 Quentin E. Grant Administrative Law Judge APPEARANCE FOR COMPLAINANT: Thomas A. Ziebarth, Esq. Consumer Protection Office Law Department U. S. Postal Service Washington, D.C. 20260 APPEARANCE FOR RESPONDENT: Jack L. Donnell 408 North High Street Salem, IN 47167
In a complaint filed September 28, 1979, Respondent is alleged to be in violation of 39 U.S.C. 3005 in conducting a scheme or device for obtaining money or property through the mails by means of false representations concerning its product, HAIR-GRO.
Specifically, Respondent is alleged to be falsely representing in advertisements soliciting orders for HAIR-GRO that this product (a) used according to the directions, is effective in the treatment, alleviation or cure of thin or falling hair; (b) is a new treatment; and (c) is safe to use.
Complainant asks for issuance against Respondent of an order pursuant to 39 U.S.C. 3005.
Respondent, by one Jack L. Donnell, filed an answer to the complaint. The answer essentially denies the material allegations of the complaint and avers that the product is efficacious, new, and safe.
Respondent did not appear at the hearing held on November 2, 1979. Complainant's evidence was taken in accordance with 952.11(b) of the Rules.
1. Based on the testimony of Postal Inspector William F. Powers concerning a test purchase of the product, HAIR-GRO, and Respondent's advertisement (CX-1), I find that Respondent is engaged in the conduct of a scheme for obtaining money or property through the mails for HAIR-GRO.
receiptreceiptreceiptreceiptreceipt. A reading of Respondent's advertisement (Ex. A annexed hereto) discloses that Respondent expressly or impliedly makes the representations alleged in the complaint.
3. The ingredients of the product and directions for its use taken from the label are as follows (CX-2):
"HAIR GRO AND CONDITIONER
CONTAINS: Alcohol 75%, Oil of Peppermint, Oil of Cloves, Benzoic, Eugenol, Oil of Eucalyptus, Boric Acid.
DIRECTIONS FOR USE:
Shake thoroughly before each application.
"For the first treatment use a generous amount and work it through the hair and rub scalp thoroughly for at least 15 minutes.
For faster results wring towels in hot water and wrap the towel around the head. Do this for about 5 minutes. Leave the solution on long as possible before shampooing out.
Results will be achieved if used at least once a week.
Not to be taken internally."
4. Vincent F. Cordaro, a qualified medical doctor, testified for Complainant. According to Dr. Cordaro the most common cause of falling or thinning hair is male pattern baldness which constitutes 75 to 95 percent of all baldness occurring in males. In Dr. Cordaro's opinion, none of the ingredients of the product, used individually or in combination, would be effective in treating, alleviating, or curing thinning or falling hair. Further, Dr. Cordaro testified that the product is not a new mode of treatment -- in fact, is not a mode of treatment at all -- and that its use could be dangerous where the user has broken skin because of the toxicity of boric acid which could be absorbed through breaks in the skin (Tr. 89).
5. According to the unrefuted testimony of Dr. Cordaro the opinions he expressed in testimony are in conformity with the informed medical consensus (Tr. 10).
6. Based on the testimony of Dr. Cordaro, I find that the representations complained of are materially false in fact.
Respondent is in violation of 39 U.S.C. 3005 by engaging in the conduct of a scheme for obtaining money or property through the mails by means of representations materially false in fact concerning its product, HAIR-GRO.
An order pursuant to 39 U.S.C. 3005 should be issued against Respondent.