NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE I 

BEAUTY SHOP INDUSTRY 

AS SUBMITTED ON AUGUST 29, 1933 

REGISTRY No. 1708-184 

The Code for the Beauty Shop Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

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U.S. OE,ollfTOIW 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D. C. • • • • • • - • Price 5 c ~nts 

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CODE OF FAIR COMPETITION OF THE AMERICAN 

COSMETICIANS ASSOCIATION 

ARTICLE I- P URPOSE 

SECTION 1. The American Cosmeticians Association, constituting 

a majority of beauty shop owners and operators in this country and 

representative of the entire beauty shop industry throughout the 

United States, in its effort to cooperate to the fullest extent with the 

Presiden t of the United States, hereby adopt this Code pursuant to 

Title 1 of the National Industrial Recovery Act. 

SEc. 2. The purpose of this Code is to effectuate the purposes and 

policies of Title 1 of the National Industrial Recovery Act insofar 

as it is applicable to beauty shop industry of the country. 

SEc. 3. The beauty shop industry is composed of beauty shops 

selling service, cosmetics and toilet preparations, as defined in this 

Code, and is represented by the American Cosmeticians Association, 

whose national headquarters are located in the Hotel Sherman, 

Chicago, Illinois. 

The authority of the American Cosmeticians Association, except 

during the time of the annual meetings, is vested in the Board of 

Managers consisting at this time of the following members: Mrs. S. R. 

Lindquist, Rockford, Illinois; Miss Frances Martell, Chicago, Illinois; 

Mrs. Hannah Schapp, Chicago, Illinois; Mrs. Mary Hill, Chicago, 

Illinois; Mrs. M. B. McGavran, Kansas City, Missouri; Mrs. E. L. 

Tracy, Kansas City, Missouri; Miss Elizabeth Theilen, St. Louis, 

Missouri; Mrs. Florence B. Menge, Kansas City, Missouri; Mrs. Bell 

Stice, Joplin, Missouri; Mrs. Irene Johnson, Kansas City, Missouri; 

Miss Theo Bender, St. Louis, Missouri; Miss Hazel Ravenscroft, 

Bartlesville, Oklahoma; Mrs. E. J. Hanson, Oklahoma City, Oklahoma; Miss Ethel Taylor, Henryetta, Oklahoma; Mr. Floyd Z. Gill, 

Tulsa, Oklahoma; Mr. P. H. Burgess, Oklahoma City, Oklahoma; 

Mrs. Mary Sanftner, Forest City, Iowa; Mrs. May Vogt, Milwaukee, 

Wisconsin; Miss Jeannette Jacobs, Milwaukee, Wisconsin; Miss Eileen Blum, West Palm Beach, Florida; Mme. Le Lian A. Krumm, 

Miami, Florida; Miss Mary Bradon, Cleveland, Ohio; Mrs. Charles 

Hutson, Lonoke, Arkansas; Mrs. Mabel Hitchcock, Little Rock, 

Arkansas; Mrs. J. A. McCann, Fort Smith, Arkansas; Miss Carolyn 

Burr, Baltimore, Maryland; Mrs. Ruth D. Maurer, New York City, 

.Y.; Miss Alta Pruden, Hornfall, N.Y.; Mrs. Anna Grennie, Staten 

Island, .Y.; Miss Janet Mersonick, Raton, New Mexico; Mrs. Elizabeth Davis, Washington, D .C.; Mrs. Anna Harris, New Orleans, 

Louisiana; Mme. Helene, New Orleans, Louisiana; Mrs. Emma 

Norris, Newton, Kansas; Mrs. Sarah Sayles, Shelbyville, Kentucky; 

Mrs. Elizabeth Dorr, Lexington, Kentucky; Mrs. Maybel Ellick, 

Jackson, Missi sippi; Mrs. W. E. Cowart, Hattiesburg, Mississippi; 

Miss Irene Gray, Omaha, Nebraska; Miss Arlene Hudson, Mobile, 

Alabama; Miss Flo Chadwick, Huntington, West Virginia; Miss Isa 

8913-33 (1) 
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Taylor, Clarksburg, West Virginia; Miss Josephine Hanlen, Beaumont, Texas; Miss Anna Baum, Green, Texas; Mrs. Ethel B. Davis, 

Macon, Ga.; Mrs. Winifred Fayant, Philadelphia, Pa.; Mrs. A. E. 

Voegle, Greensburg, Pa.; Mrs. Vences Simpkins, Rugby, North 

Dakota. 

ARTICLE II-DEFINI'l'IONS 

Wherever used in the Code the terms hereinafter in this Article 

defined shall, unless the context shall otherwise clearly indicate, 

have the respective meanings hereinafter in this article set forth. 

The definition of any such term in the singular shall apply to the use 

of such term in the plural and vice versa. 

SECTION 1. The term "the United States" means and includes all 

of the territory of the United States of America on the North American continent including Alaska and the Canal Zone and the insular 

possessions of the United States. 

SEc. 2. The term "the President" means the President of the 

United States of An1erica. 

SEc. 3. The term "beauty culturist" as used herein shall mean all 

persons engaged in manicuring, the application of cosmetic preparations by n1assaging, stroking, kneading, slapping, tapping, stimulating, manipulating, exercising, cleansing, beautifying, or by means of 

devices, apparatus or appliances; in arranging, dressing, cutting, 

trimming, marcelling, curling, waving, cleansing, singeing, bleaching, 

coloring, dyeing, pressing, tinting, or otherwise treating hair; in 

applying, attaching, adding hair or other materials or devices, when 

done for cos1netic or beautifying purposes to or on the body of any 

female person. 

SEc. 4. The term "beauty shop" shall mean all establishments 

where beauty culture is practiced, except barber shops. 

SEc. 5. The term "cosmetics" and the term "toilet preparations" 

shall mean and include perfumes, toilet waters, face powders, face 

creams, rouges, shaving creams, dentifrices, soaps and similar substances and preparations designed and intended for application to 

the person for the purpose of cleansing, improving the appearance of, 

refreshing or preserving, and beautifying the person. 

SEc. 6. The term "industry" means and includes the business of 

practicing beauty culture and selling cosmetics and toilet preparations 

at retail in beauty shops in the United States. 

SEc. 7. The tern1 "member of the beauty shop industry" means· 

and includes any person, firm, business trust, association or corporation engaged in the business of practicing beauty culture or selling 

cosmetics and toilet preparations at retail in beauty shops in the 

United States. 

SEc. 8. The term "the Code" means and includes this Code and 

all schedules annexed hereto as originally approved by the President 

and all amendments hereof and thereof made, as hereinafter in 

Article X provided. 

SEc. 9. The term "member of the Code" means any member of 

the Industry who shall have become a member of the Code as hereinafter provided. 

SEc. 10. The term "National Control Board" nieans a board of 

three to be appointed by the Administrator of the National Industrial 

Recovery Act. 
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SEc. 11. The term "unfair practice " means and includes any act 

described as unfair in ARTICLE VI of this Code. 

SEc. 12. The term "employee" as used herein shall include all 

persons engaged in the practice of beauty culture except executive, 

administrative, and supervisory employees whose salaries exceed 

$35.00 per week. 

SEc. 13. The term "employer" as used herein shall include all 

owners of beauty shops. 

SEc. 14. The term "apprentice" as used herein shall mean all 

persons engaged in the practice of beauty culture not legally qualified 

to independently practice beauty culture in the state where they 

reside. 

SEc. 15. The American Cosmeticians Association as stated in 

ARTICLE I is an organization made up of persons, firms, associations 

or corporations owning retail beauty shops and individuals practicing 

beauty culture and constituting a representative organization of the 

entire beauty shop industry in this country. 

ARTICLE III-MEMBERSHIP 

Any person, firm, association, or corporation operating a beauty 

~hop or employed therein is eligible for membership in the operation 

of this Code by signing and delivering to the Administrator of the 

National Industrial Recovery Administration, Washington, D.C., 

or to the Secretary of any national or state association of beauty 

shops, a letter substantially in the form annexed hereto and paying 

the fees equitably assessed for meeting the expenses of the administration of this Code. 

ARTICLE IV-HOURS OF LABOR, RATES OF PAY, AND OTHER CONDITIONS OF EMPLOYMENT 

SECTION 1. Pursuant to subsection (a) of Section 7 of the National 

Industrial Recovery Act, the Code shall be subject to the following 

conditions: 

(a) That employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion, of employera of 

labor, or their agents, in the designation of such representatives or in 

self-organization or in other concerted activities for the purpose of 

collective bargaining or other mutual aid or protection: 

(b) That no employee and no one seeking employment shall be 

required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization 

of his own choosing; and 

(c) That employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President. 

(d) It is agreed by the members of the beauty-shop industry that 

after August 31, 1933, they will not employ any person under 16 

years of age, except that persons between 14 and 16 may be employed 

not to exceed three hours per day, and those hours between 7 A.M. 

and 7 P.M., in such work as will not interfere with hours of day school. 

SEc. 2. Hours.-(a) No person engaged in the beauty-shop industry shall work any employee engaged in the practice of beauty culture, 
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including maids, and porters, for more than 48 hours per week and 

not more than eight hours in any one day. 

(b) No person engaged in the beauty-shop industry shall work 

any executive, administrative, and supervisory employees not including owners, for more than forty hours per week and not more than 

eight hours per day excepting Saturdays and days preceding legal 

holidays, provided, however, that where owners, or executive, administrative, and supervisory employees are actually engaged in the practice of beauty culture they shall not work more than 48 hours per 

week and not more than eight hours in any one day. 

(c) It is agreed not to reduce the hours of service in any beauty 

shop to below 52 hours in any one week unless such hours were less 

than 52 hours per week before July 1, 1933, and in the latter case not 

to reduce such hours at all. 

SEc. 3. Rates of Pay.-(a) In cities of over 500,000 population, 

or in the immediate trade area of said cities, the minimum wage for 

beauty culturists shall be $15.00 per week. 

(b) In cities or villages of from 2,500 to 500,000 population, or in 

the immediate trade area of said cities or villages, the minimum wage 

for beauty culturists shall be $14.00 per week. 

(c) In cities or villages of less than 2,500 population, or in the 

immediate trade area of said cities or villages, the minimum wage for 

beauty culturists shall be $12.00 per week. 

Population for the purposes of this agreement shall be determined 

by reference to the 1930 census. 

(d) In all cities and villages executive, administrative, and supervisory employees shall be paid the same minimum wage as the beauty 

culturists in such cities and villages except such other employees as 

maids and porters whose minimum wage shall be $4.00 per week less 

than the schedule in such cities or villages. 

(e) The minimum rate of pay for part-time beauty culturists shall 

be forty cents per hour. 

(f) Wages shall not be reduced for employment now in excess of 

the minimum wages hereby set forth, notwithstanding that the hours 

worked in such employment may be reduced. 

(g) Whenever commissions are paid as wages, the minimum wage 

per week set forth in this article shall be guaranteed, and tips and 

other gratuities received by employees shall not be construed as 

wages. The rate of commission shall be that rate prevailing and 

generally accepted by a majority of the Industry in that state. 

(h) The use of apprentices in beauty shops shall be discouraged 

and owners of beauty shops shall not admit apprentices to practice 

in their shops who have not at this time commenced their apprenticeship. 

No subterfuge will be made to frustrate the spirit and intent of 

this agreement, which is, among other things, to increase employment 

by a universal covenant, to remove obstructions to commerce, and 

to shorten hours, and to raise wages for the shorter week to a living 

basis. 

ARTICLE V-PRICES 

SECTION 1. No beauty-shop owner shall offer services or goods for 

sale for a price less than cost plus 15% net profit. The term "cost" 

shall mean such standard figures as set forth by the l ational Board 
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of Control and shall include such items as rent, wages, and other 

expenses commonly known as overhead. It is the intent of this provision that in making the above computation of prices Federal and 

State excise or sales taxes shall not be included as a part of costs, 

but shall be added to the prices of the goods and service after such 

computations have been made. 

SEc. 2. Minimum prices in each state shall be determined by the 

1najority of shop owners in their respective states under the supervision of the State Board of Control as hereinafter provided for by 

Article VIII of this Code, but in the event that the prices of any 

such state shall not meet the approval of the National Board of 

Control the following schedule of minimum prices shall prevail: 

Permanent waves _____________________________________ $5. 00 

Single permanent curls _________________ ________ ~- ------ . 50 

Shampoos: Plain (short hair)______________________ ___________ . 50 

Plain (long hair)__________________________________ . 75 

Special shampoo (short hair) _____ __________________ . 75 

Special shampoo (long hair) __ ______________________ 1. 00 

Hot oil and shampoo__________________ ___ _________ l. 50 

Medicated oiL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. 00 

Dyeing and bleaching: Dye ( virgin head) __________________ ______________ _ Retouch __ ______________________________________ _ 

Henna pack ______ ___________________ ________ ____ _ Bleach ________________________________ __________ _ 

Retouch _____________________________________ ___ _ 

Cutting hair: 

First cut (long hair) ______________________ ________ _ Cutting _________________________________________ _ 

l\!Iarcel _______ ________ _________________________ _____ _ 

Rewave _______ ___ _________________ _____________ _____ _ 

Fingerwave __________________ ___ _____________________ _ 

Hairdress _____________ - _____ - _ - _ - _ - _ - _ - - - - - - - - - - - - - - - Manicure __________ __ _________________________ ______ _ 

Plain Facial ____ _____________________________________ _ 

Facial Pack ____ _____________________________________ _ Makeup _________________ ___ __________________ ______ _ 

Eyebrow and lash dye ________________________________ _ 

ARTICLE VI-UNFAIR PRACTICES 

10. 00 

5. 00 

2. 00 

3. 00 

1. 50 

l. 00 

. 50 

1. 00 

. 50 

1. 00 

. 50 

. 50 

l. 50 

2. 00 

. 50 

1. 50 

For the purposes of the Code the following described acts shall constitute unfair practices: 

SECTION 1. Making or promising to any customer or prosp~ctive 

customer any service or product, ·or to any officer, employee, agent 

or representative or any such customer or prospective customer, any 

bribe, gratuity, gift or other payment or remuneration, directly or 

indirectly. 

Any trading allowance given to any customer in connection with 

the sale of any service or product or article, or delivering to such 

customer in connection with such sale, any other merchandise of any 

description, except upon payment in accordance with the provisions 

of the Code. 

SEc. 2. Procuring, otherwise than with the consent of any member 

of the Industry any information concerning the business of such 1nember which is properly regarded by it as a trade secret or confidential 

within its organization, other than information relating to a violation 

of any provision of the Code. 
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SEc. 3. In1itating or simulating any design, style, mark or brand 

used by any other member of the Industry or knowingly selling or 

passing off any product with any such imitated or simulated design, 

style, mark or brand. 

SEc. 4. Using or substituting any material or product different in 

brand, kind or quality from that specified by the customer thereof. 

SEc. 5. The substitution of a product, method or service for one 

which the customer believes he is purchasing. 

The sale and/or delivery to a person of an article or service of a 

different type, brand or trademark from that which the customer or 

prospective customer believes he is purchasing, unless such fact be 

disclosed by the time of sale or off er for sale by the vendor to the 

customer or prospective customer. 

SEc. 6. Using or substituting any material or any method of manufacture, service, distribution, marketing or sale not in accord with 

any applicable law, rule or regulation of any governmental authority. 

SEc. 7. To prevent, by uninvited persuasion, disparaging innuendo or by concealment, a customer or prospective customer from 

purchasing a particular product or service which he has requested. 

The uninvited dissuading or the attempt to dissuade a customer or 

prospective customer from purchasing an article of a particular brand, 

trade mark or type, which such customer has requested, and persuading or attempting to persuade such customer to purchase an 

article or service calculated and designed to serve the same purpose, 

but of a different brand, trade mark or type than the article requested, 

unless the vendor has not available for sale the article so requested, 

and unless such fact is so disclosed to such customer or prospective 

customer. 

SEc. 8. Disseminating, publishing, or circulating any false or misleading information relative to any member of the Industry or to any 

product, service, or price for any service, product manufactured or 

sold by any member of the Industry (including one's own business or 

products), or the credit standing, business conduct, or ability of any 

member thereof to manufacture any product, or to the conditions of 

employment among the employees of any member thereof. 

SEc. 9. All advertising or statements made to promote the sale of 

service, cosmetics, and toilet preparations and toilet articles, whether 

written or oral, including all forms of printed or oral recommendation 

of one's goods under the control of the manufacturer, such as publicity 

of all kinds including newspapers and magazine advertising, circulars, 

labels, booklets, radio advertising, and statements made orally in the 

promotion of sales of such products by salesmen or others employed 

directly or indirectly by the manufacturer, must be truthful and shall 

not be false directly or by ambiguity or inference or tend to create a 

misleading impression. The truth of the advertisement shall be 

judged by its intended effect as well as by a literal rendering thereof. 

SEc. 10. Inducing or attempting to induce by any means any party 

to a contract with a member of the Industry to violate such contract. 

SEc. 11. Aiding or abetting any person, firm, business trust, association or corporation in any unfair practice. 

SEc. 12. Making any sale or contract of sale of any product or 

service under any description which does not fully describe such product in terms customarily used in the industry and conforming to any 

applicable law, rule or regulation of any governmental authority. 
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SEC. 13 . Accepting any offer on the part of any manufacturer or 

wholesaler or jobber to pay any commission or any part of the salary 

or wages of any employee, demonstrating or salesperson in the shop. 

SEc. 14. Any violation of any State or Federal law now or hereafter 

in force relating to the manufacture and sale or advertising of the 

service or products of the Industry. 

SEc. 15. No school of beauty culture shall be operated in connection 

with a beauty shop. 

SEc. 16. No person shall canvass frorn house to house selling beauty 

culture service or supplies as the representative of any jobber, dealer, 

or manufacturer and unless he shall be legally qualified to practice 

beauty culture, provided, however, that this section shall not prohibit 

any beauty culturist representing an established beauty shop from 

practicing beauty culture outside her establishment. 

SEc. 17. Any violation of any other provision of said Code, whether 

or not herein expressed to be such, or using or employing any practice 

not hereinabove in this Article described which the National Board 

of Control of the Beauty Shop Industry shall declare to be a practice 

that would tend to defeat the policy of Title I of the National Industrial Recovery Act, shall be deemed an unfair practice. 

ARTICLE VII-REPORTS AND STATISTICS 

The National Board of Control is hereby constituted the agency of 

the Beauty Shop Industry to collect, receive and transmit to the 

President such reports concerning wages, hours of labor, and unfair 

methods of competition as may be required by the President under 

the provisions of the National Industrial Recovery Act. 

ARTICLE VIII-ADMINISTRATION 

SECTION 1. All matters mentioned in this Code of Fair Competition 

pertaining to the Beauty Shop Industry of the United States shall be 

administered by a National Board of Control consisting of three 

members to be named by the Administrator of the National Industrial 

Recovery Act. Headquarters of said National Board of Control shall 

be Washington, D .C.; and a subordinate Board shall be appointed in 

each of the 48 states by the Administrator, said subordinate board to 

be known as the State Board of Control and to consist of five members. 

It is urged that in the appointment of both the national and state 

boards all representative n ational and state associations submit a 

list of names of persons whom they deem qualified to serve as board 

members. 

SEc. 2. The national board herein provided for shall have all the 

powers and duties conferred upon it by the Code and generally all 

such other powers and duties as shall be necessary and proper to 

enable it fully to administer and to effectuate the purposes of the 

Code with respect to the beauty shop industry of the United States. 

SEc. 3. The expenses of administering the Code shall be borne by 

the members thereof. The National Board of Control may from 

time to time n1ake such assessn10nts on account of such expenses 

against the members of the Code as it shall deem proper and such 

assessments shall be payable as it shall specify. Failure of any 

member of the Code to pay any such assessn1ent against such member 

for a period of thirty days after the date on which it became payable 

has constituted a violation of the Code. 
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ARTICLE IX-GENERAL PROVISIO s 

SECTION 1. No provisions of this Code shall be interpreted, applied, 

or practiced in such manner as to promote or perm.it monopoly or 

monopolistic practices, or to eliminate or oppress small enterprises, or 

to discriminate against them. 

SEc. 2. The violation of any of the provisions of this Code or any 

rule or regulation issued thereunder approved by the President of the 

United States shall be deemed to be an unfair method of competition. 

SEc. 3. None of the provisions of this Code shall become effective 

or practiced by anyone in the Industry until the Code is approved by 

the President of the United States. 

SEc. 4: If any provision of the Code be declared invalid or unenforceable, the remaining provisions shall nevertheless continue in 

full force and effect the same as if they had been separately presented 

for approval and approved by the President of the United States. 

SEc. 5. This Code shall be in effect beginning ten (10) days after 

its approval by the President of the United States and shall remain in 

effect unless and until modified or revoked, and until the expiration 

of the National Recovery Act. 

SEc. 6. No section of this Code shall nullify any provision of any 

state law relating to the practice of beauty culture. 

ARTICLE X-AMENDMENTS 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the power of the President, _in accordance with the 

provision of Clause 10 (b) of the National Industrial Recovery Act, 

from time to time to cancel or modify any order, approval, license, rule, . or regulation issued under Title 1 of said Act and specifically to the 

power of the President to cancel or modify his approval of this Code 

or any conditions imposed by him upon his approval hereof. 

FORM OF LETTER OF ASSENT TO THE CODE 

To the Secretary American Cosmeticians Association, 

Hotel Sherman, Chicago, Illino'is. 

DEAR SIR: The undersigned, desiring to participate in the Code of 

Fair Competition of the American Cosmeticians Association, dated 

1933, a copy of which has been received by the undersigned, hereby assents to all of the provisions of said Code and by 

so doing hereby becomes a 1nember of the Code of the Beauty hop 

Industry. This assent becomes effective as of the date on which 

the Code shall have been approved by the President of the United 

States of America as therein provided, or as of the date on \lthich the 

Code shall have been delivered if such date shall be subsequent to 

the approval of the Code of the President as aforesaid. 

For all purposes of Section 1 of Article X of the Code, the address 

of the undersigned, until it shall file with you \Yritten notice of a 

change of uch address, shall be as set forth at the foot of this letter. 

Very truly yours, 

Address: 

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UNIVERSITY OF FLORIDA 

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