Evening star., 1949-05-26
Book-of-Month Club
Defends Use Of Free
In Ads al FTC Hearina
Book-of-the-

The dignified Book of the
Month Club, which offers q free"
book to new members, was on the
carpet at the Federal Trade Com
mission today. its dignity rufaed
by the contention of the Govern
'inent that it resorts to unfair"
advertising.
{ Randolph w. Branch. FTCI
attorney. told q commission trial
examiner that the clubs use Of
the word "free" is false, mis-
leading and deceptive"
George M. Wolfson, the clubs
New York attorney, bobbed up
and down as he warmed to the
defense of the book club. bend
ing his knees the way the late
Lou Gehrig used to do In the
batter's box.
Al THE commission disagrees with
us only on the definition of the
word free" Mr.. Wolfson shouted.
THAT isn't their function. They
are not here to write q dictionary
OR to give a course in semantics.
They are here only to decide
whether the public is being bam-
boozled."
Coupon Gets "Free" Book.
The book club, which has a
membership Of more than SOC. 900,
offers the free" book to persons
who sign a coupon contract COM
mitting them to purchase at least
four books from the club In the
year after they join it. Mr.. Wolf
son said the conditions Of the
offer were clearly set forth In
italics In all its advertising ma
terial, and that they were printed
in red ink in circulars sent out
by the club.
II point to that with pride, your
honor, as one who has had some
thing to do with the clubs ad-
yertising policies" Mr.. Wolfson
told Abner e. Libscomb, the COM
missions trial examiner.
Mr.. Branch. on the other hand,
contended for the Government
that nothing is "free" II there are
conditions attached to its receipt.
He told reporters the word Is
loosely used in much advertising,
and that the commission's decision
in this case will have "a rather |
sweeping effect" on other Arms
offering premiums to their GUS
toners. A similar case to this one
Is pending with regard to the
Literary Guild. the Book-of-the-
Month Clubs leading competitor.
he said.
Mr.. Branch argued that the book
club could not properly use its
character" or good intent" as a
defense against the charge that
its advertising is misleading. He
said the Government agrees that
the clubs officers are all fine
gentlemen" but he added char
acter is not an issue in this case
ut ALL" 4
Other Probes Recalled. i
MIR. Wolfson recalled that the |
FTC had investigated the club. on
the same charge, In 1910. 1942,
1945 and again in 1g47. Having
decided on each occasion that the
advertising was fair, the commits
sion early last year promulgated
q rliee banning such use Of Sne1
word "free," he said. : Z. 4
The book.club contends thatNs
successful operation requires the
offering of a premium to sub
scribers, and that the offer must
be made with . simple word such
as free" It's attorneys described
the word as very. important TO
the clubs business. ~
The issue being Argued today
has been the subject Of hearings
In New York during the last few
months, at which the Govern
ment presented witnesses who had
been dunned by the club for the
price of the "free" book when
they did not follow through with
the four purchases they were sup
posed to make.
Mr.. Wolfson said the club must
protect itself from persons who
Join simply in order to get the
premium offered by the club. Il
don't believe a single one Of these
people misunderstood the adver-
tisement," he said.
The trial examiner took the
case under advisement. He will
recommend q decision to the COM
mission, which will rule on the
case next autumn at a further
hearing.