Amend Federal Trade Commission Act

on the charges set forth in this amended complaint, at which time and place you will have the right, under said Act, to appear and show cause why an order should not be entered by said Commission requiring you to cease and desist from the violations of the law charged in the amended complaint.

You are notified and required, on or before the twentieth day after service upon you of this amended complaint, to file with the Commission an answer to the amended complaint. If answer is filed and if your appearance at the place and on the date above stated be not required due notice to that effect will be given you. The Rules of Practice adopted by the Commission with respect to answers or failure to appear or answer (Rule IX) provide as follows:

In case of desire to contest the proceeding the respondent shall, within twenty (20) days from the service of the complaint, file with the Commission an answer to the complaint. Such answer shall contain a concise statement of the facts which constitute the ground of defense. Respondent shall specifically admit or deny or explain each of the facts alleged in the complaint, unless respondent is without knowledge, in which case respondent shall so state.

Failure of the respondent to file answer within the time above provided and failure to appear at the time and place fixed for hearing shall be deemed to authorize the Commission, without further notice to respondent, to proceed in regular course on the charges set forth in the complaint.

If respondent desires to waive hearing on the allegations of fact set forth in the complaint and not to contest the facts, the answer may consist of a statement that respondent admits all the material allegations of fact charged in the complaint to be true. Respondent by such answer shall be deemed to have waived a hearing on the allegations of fact set forth in said complaint and to have authorized the Commission, without further evidence, or other intervening procedure, to find such facts to be true.

Contemporaneously with the filing of such answer the respondent may give notice in writing that he desires to be heard on the question as to whether the admitted facts constitute the violations of law charged in the complaint. Pursuant to such notice, the respondent may file a brief, directed solely to that question, in accordance with Rule XXIII.

IN WITNESS WHEREOF, the Federal Trade Commission has caused this, its amended complaint, to be signed by its Secretary, and its official seal to be hereto affixed, at Washington, D. C., this 30th day of January, A. D. 1943.

IN THE MATTER OF THE LARNED CORP., A CORPORATION, AND HILL BLACKETT AND GLEN SAMPLE, INDIVIDUALS AND COPARTNERS TRADING AS BLACKETT-SAMPLEHUMMERT

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 Wyeth Chemical Company, a corporation, and Hill Blackett and Glen Sample, individuals and copartners trading as BlackettSample-Hummert, hereinafter referred to as respondents, have 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 ONE: Respondent, Wyeth Chemical Company, is a corporation organized and existing under and by virtue of the laws of the State of Delaware, with its principal office and place of business located at 257 Cornelison Avenue, city of Jersey City, State of New Jersey.

Respondents, Hill Blackett and Glen Sample, are individuals and copartners trading as Blackett-Sample-Hummert, with their principal office and place of business located at 221 North LaSalle Street, city of Chicago, State of Illinois. PARAGRAPH Two: Respondent, Wyeth Chemical Company, is now and has been continuously for several years last past, engaged in the business of offering for sale and selling in commerce, as herein set out, a medicinal preparation, which is designated "Hill's Cold Tablets," and recommended as a remedy for colds and its symptoms.

Respondents Hill Blackett and Glen Sample, individuals and copartners trading as Blackett-Semple-Hummert, a copartnership, are now, and have been continuously for several years last past, engaged in the advertising business. During said time said respondents have been, and are now, employed by the respondent, Wyeth Chemical Company, as its advertising agent in the dissemination of advertisements of Hill's Cold Tablets by means of radio broadcasts and through other media of general circulation and distribution, including the various advertisements hereinafter set forth.

PARAGRAPH THREE: Respondent, Wyeth Chemical Company, being engaged in business as aforesaid, has caused and causes said product known as Hill's Cold Tablets when sold, to be transported from its principal place of business, located in the city of Jersey City, State of New Jersey, to purchasers thereof located at points in various States of the United States other than the State from which said shipments are made, and in the District of Columbia. Said respondent, at all times herein mentioned, has maintained and now maintains a course of trade in commerce in said product so distributed and sold by it between and among the various States of the United States and in the District of Columbia. PARAGRAPH FOUR: In the course and conduct of the aforesaid business, the respondents have disseminated and are now disseminating, and have caused and are now causing the dissemination of, false advertisements concerning said products by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondents have also disseminated and are now disseminating, and have caused and are now causing the dissemination of, false advertisements concerning said product, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said product in commerce, as commerce is defined in the Federal Trade Commission Act.

Among and typical, but not all-inclusive, of the false, misleading, and deceptive statements and representations contained in said advertisements disseminated and caused to be disseminated, as hereinabove set out by the United States mails, by advertising in newspapers, magazines, and periodicals having a general circulation, by pamphlets, booklets, cards, and other printed or written matter, by radio broadcasts, and by various other means, as aforesaid, are the following:

"When you're catching cold, keep in mind that by doing one simple thing you can quickly relieve your discomfort, largely escape the aches, pains, and soreness that make you feel so miserable.

"Thousands know this way and say there is nothing like it for getting quick relief. What you do is simply this: The moment you feel a cold coming on, get Hill's Cold Tablets from any druggist. Take two at once, with a glass of water. You should feel better almost at once. After that, take just one Hill's Tablet at each mealtime and at bedtime until the symptoms of your cold disappear.

"Hill's Cold Tablets act almost instantly to bring wonderful relief from annoying cold symptoms."

"Here is a way to get quick relief from the symptoms of a cold. A way that eases the aches and pains, acts to reduce fever, relieves your discomfort in a remarkably short time."

"To get prompt and effective relief from the symptoms of a common cold— simply take Hill's Cold Tablets. Be sure to do this at first sign of a cold, for Hill's Cold Tablets contain the very medicinal agents you need for quick relief. Among them are quinine to reduce fever, acetanilid to ease aches and pains, and cascara. Thus completing the treatment of cold symptoms. This remarkable combination of medicinal ingredients gives all-around action, quick results, real relief from your discomfort. So next time you're catching cold take Hill's Cold Tablets at once. You'll feel better in a hurry." 85257-46-21

"What you do is simply this: At first sign of a cold, take two Hill's Tablets with a full glass of water. Then, after that, take only one Hill's Tablet at each mealtime and at bedtime. Do this until the symptoms of your cold disappear."

* * *

"So try this way next time you're catching cold. Get Hill's Cold Tablets at any druggists take according to directions on the famous red tin box. And relieve the annoying symptoms of your cold almost before they

get started."

"I am going to tell you of a way that thousands know from experience works wonders in combatting the annoying symptoms of a cold.

"It's a remarkable preparation called Hill's Cold Tablets and all you do is this: At first sign of cold distress, take two of these Hill's Cold Tablets with a full glass of water. After that, take one Hill's Tablet at each mealtime only and at bedtime. Do this until the symptoms of your cold dis

appear."

"Right now is the best time to think about relieving the symptoms of your next cold. For immediate action is of the utmost importance when you're catching cold. What you should do, is get Hill's Cold Tablets today and keep them handy in your medicine cabinet. For these remarkable tablets contain a number of medicinal agents to treat your cold symptoms. Among them, for example, are quinine-to reduce fever. Acetanilid, to ease aches and pains * * * And cascara. Thus completing the action that gives relief. Take them instantly you feel a cold coming on. You'll find results are fast and unmistakably effective."

"You'll be delighted to find you feel better almost at once. And if you act without losing time when you feel a cold coming on, you can relieve the annoying symptoms almost before they have a chance to get started."

"Here is sensible advice to follow if you're catching cold and want to get quick relief from your discomfort. At first sign of distress, simply take two Hill's Cold Tablets in a glass of water. After that, take just one Hill's Cold Tablet at each mealtime and at bedtime until the symptoms of your cold disappear. In a remarkably short time you will feel a world of improve ment. That aching soreness is eased. That 'heavy', tired feeling is relieved." "You should feel better almost at once. The aching soreness that accompanies your cold is eased. That tired feeling is relieved.

"And the reason for the amazing effectiveness of Hill's is because these tablets contain a number of medicinal agents including acetanilid, to ease aches and pains. Quinine, to help reduce fever. And finally, cascara. This combination of ingredients brings swift, all around relief from your discomfort."

"At first sign of a cold, here if what you do to get quick relief from your discomfort. And remember, the sooner you do it the better. Simply take two Hill's Cold Tablets with a glass of water. After that, follow directions on package until the symptoms of your cold disappear.

"You will be astonished to discover how quickly you feel better." PARAGRAPH FIVE: By and through the use of the statements hereinabove set forth and others similar thereto, not specifically set out herein, all of which purport to be descriptive of the therapeutic and curative properties and powers of Hill's Cold Tablets, respondents have represented, and do now represent, directly and indirectly, that Hill's Cold Tablets will relieve and cure a cold, will relieve and cure all symptoms of a cold and will prevent the development of a cold; that these tablets will act "almost instantly" and "almost at once" in relieving and curing a cold, in relieving and curing all symptoms of a cold and in preventing the development of a cold; that by taking these tablets without losing time, when a cold is coming on the annoying symptoms can be relieved almost before they have a chance to get started; that the symptoms of a cold will disappear within three or four days if, at the first sign of a cold, Hill's Cold Tablets are taken according to the directions on the package; that all colds require the use of a laxative, cause sufficient discomfort to require an analgesic and cause a sufficiently great elevation of temperature to make necessary the administration of an antipyretic; that

these tables will "do an all around job" in the treatment of a cold, will restore vitality and relieve the discomfort of all symptoms of a cold.

* *

All

PARAGRAPH SIx: The aforesaid statements and representations are grossly exaggerated, false, misleading, and deceptive. In truth and in fact Hill's Cold Tablets will not relieve or cure a cold, will not relieve or cure all symptoms of a cold and will not prevent the development of a cold and any effect produced by the use of said preparation will not be "almost instantly" or "almost at once." colds do not require the use of a laxative, do not cause sufficient discomfort to require an analgesic and do not cause a sufficiently great elevation of temperature to make necessary the administration of an antipyretic. The statement: "* If you act without losing time when you feel a cold coming on, you can relieve the annoying symptoms almost before they have a chance to get started" is false. Some of the first symptoms of a cold are inflammation of the upper respiratory tract with irritation, sneezing, chilling, congestion, redness, and discharge of mucous. These tablets will not influence these symptoms. The statement "You just take two Hill's Cold Tablets with a glass of water the moment you feel a cold coming on. Then after that you follow the directions on the package until the symptoms of your cold disappear" is false for the reason given above, and for the added reason that the directions for use call for taking the preparation for three or four days whereas the symptoms of an average cold will many times last more than twice this length of time. This preparation will not "do an all-around job" in the treatment of a cold, and will not restore vitality-in fact the acetanilid and quinine content will acts as depressants.

PARAGRAPH SEVEN: Respondents' advertisements, disseminated as aforesaid, constitute false, deceptive, and misleading advertisements for the further reason that they fail to reveal facts material in the light of such representations and material with respect to the consequences which may result from the use of the preparation to which the advertisements relate, under the conditions prescribed in said advertisements and under such conditions as are customary and usual. Respondents' preparation contains one and one-half grains of acetanilid and one-half grain of cascara in each tablet. The directions for use in radio advertising is two tablets at the inception of a cold and one tablet at each mealtime and at bedtime until symptoms of the cold disappear. The continued use of said preparation in a quantity exceeding recommended dose, or with greater frequency than the recommended frequency, may cause dependence upon the drug acetanilid and collapse and its administration to children may be dangerous and injurious to health.

The respondents represent that said preparation is a competent and effective remedy for colds and all the symptoms thereof. As above stated, there are many symptoms of a cold which will not be relieved by the use of said product. These symptoms are often persistent and sometimes result in complications which continue for a considerable period of time. There are also a number of conditions involving inflammation of the nose and throat which are not colds or the result of colds but which exhibit symptoms which simulate a cold and cannot be readily distinguished from a cold by most individuals. This preparation will not relieve such conditions.

Because of the foregoing facts, the usual and customary condition in the presence of symptoms of a cold or conditions which simulate the symptoms of a cold but which will not be relieved by the use of said preparation, will be that there will exist a tendency for the sufferer to take more frequent and larger doses than recommended in order to obtain the represented and desired relief. Respondents' advertisements contain no caution or warning against use of said preparation in greater amount or with greater frequency than that recommended in its advertising matter or stated on the label.

Furthermore, the drug cascara sagrada is an irritant laxative and is potentially dangerous when taken by one suffering from abdominal pains, stomach ache, cramps, nausea, vomiting or other symptoms of appendicitis.

PARAGRAPH EIGHT: The use by the respondent of the foregoing false, deceptive, and misleading advertisements, statements, and representations has had, and now has, the tendency and capacity to and does mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that said advertisements, statements and representations are true and

that said preparation is safe and harmless for children, and harmless for use under the conditions prescribed in said advertisements and under such conditions as are customary and usual, and to induce a substantial portion of the public, because of such erroneous and mistaken belief to purchase respondents' said medicinal preparation.

PARAGRAPH NINE: The aforesaid acts and practices of the respondents, as herein alleged, are all to the prejudice and injury of the public, and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

WHEREFORE, THE PREMISES CONSIDERED, the Federal Trade Commission on this 31st day of August, A. D., 1943, issues its complaint against respondents.

NOTICE

Notice is hereby given you, Wyeth Chemical Company, a corporation, and Hill Blackett and Glen Sample, individuals and copartners trading as BlackettSample-Hummert, respondents herein, that the 8th day of October A. D. 1943, at 2 o'clock in the afternoon, is hereby fixed as the time, and the offices of the Federal Trade Commission in the city of Washington, D. C., as the place, when and where a hearing will be had on the charges set forth in this complaint, at which time and place you will have the right, under said Act, to appear and show cause why an order should not be entered by said Commission requiring you to cease and desist from the violations of the law charged in the complaint.

You are notified and required, on or before the twentieth day after service upon you of this complaint, to file with the Commission an answer to the complaint. If answer is filed and if your appearance at the place and on the date above stated be not required, due notice to that effect will be given you. The Rules of Practice adopted by the Commission with respect to answers or failure to appear or answer (Rule IX) provide as follows:

Contemporaneously with the filing of such aswer the respondent may give notice in writing that he desires to be heard on the question as to whether the admitted facts constitute the violation of law charged in the complaint. Pursuant to such notice, the respondent may file a brief, directed solely to that question, in accordance with Rule XXIII.

IN WITNESS WHEREOF, the Federal Trade Commission has caused this, its complaint, to be signed by its Secretary, and its official seal to be hereto affixed, at Washington, D. C., this 31st day of August A. D. 1943.

By the Commission.

[SEAL]

OTIS B. JOHNSON,

Secretary.

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