STIPULATIONS1

EST OF GENERAL STIPULATIONS OF THE FACTS TO CEASE AND DESIST, AS

AGREEMENTS

MENDED 2

1.3 Herb Tea-Qualities, Properties or Results, Ailments and Scienor Relevant Facts.-Stipulation No. 3561 has been amended it it now reads:

adyslaw Ochrymowicz and Theodosia Wandycz Ochrymowicz, iduals trading as Vanola Herb Tea Co. engaged in the sale and ibution in interstate commerce of a medicinal preparation desig"Vanola Laxative Herb Tea," in competition with other individand with corporations, firms and partnerships likewise engaged, ed into the following agreement to cease and desist from the ed unfair methods of competition in commerce as set forth therein. ladyslaw Ochrymowicz and Theodosia Wandycz Ochrymowicz, ach of them, agreed that, in connection with the sale and distribuin commerce as defined by said act or the advertising by the means in the manner above set forth of the preparation designated ola Laxative Herb Tea" or any other preparation composed of tantially the same ingredients or possessing substantially the same erties, whether sold under such name or any other name or names, will forthwith cease and desist from:

) Representing, directly or inferentially, that said preparation is dequate treatment or effective remedy for stomach disorders, head

or false and misleading advertising stipulations, as amended, originally effected gh the Commission's radio and periodical division, see p. 1267 et seq.

stipulations accepted by the Commission during the period covered by this volume and ed through the Commission's Division (more recently Bureau) of Stipulations, which set up incident to the Commission's reorganization plan and program as set forth in ootnote on p. 1293, see stipulations beginning with No. 7507, as published on pp. 1293 54.

e digests published herewith cover those accepted by the Commission during the d covered by this volume, namely, July 1, 1947, to June 30, 1948, inclusive. Digests evious stipulations of this character accepted by the Commission may be found in 10 to 43 of the Commission's decisions.

scissions.-S. 2827, Woods Manufacturing Co., Ltd., 30 F. T. C. 1541, and S. 3811, The he Corp., 38 F. T. C. 768, and, as amended, 42 F. T. C. 497, were rescinded by the Comon on June 15, 1948, and August 8, 1947, respectively.

n the interest of brevity there are omitted from the published digests of the published lations agreements under which the stipulating respondent or respondents, as the case be, agree that, should such stipulating respondent or respondents ever resume or ge in any of the practices, methods, or acts in question, or in event of issuance by mission of complaint and institution of formal proceedings against respondent, as in the lation provided, such stipulation and agreement, if relevant, may be received in such eedings as evidence of the prior use by the respondent or respondents of the methods, or practices herein referred to.

mendment. See 35 F. T. C. 873.

aches, dizziness, or digestive disturbances; or that it has any then peutic value except as a temporary laxative for the relief of const tion.

(b) The use of statements to the effect that the condition know sour stomach is caused by temporary constipation or that said prep......... tion is of any value in the treatment of sour stomach;

(c) Representing, directly or by implication, that said preparat can be relied upon to make the individual healthier or that it has effect in inducing sound sleep;

(d) The use of statements that import or imply that past gear tions lived longer or were healthier than the present generation. 17301, May 6, 1948.)

3656. Medicinal Preparations-Unique, New, Comparative Treatmat Scientific or Relevant Facts, Safety, Etc.-Stipulation No. 3656 has less amended so that it now reads:

Western Medical Corp., a corporation, engaged in the mailsale and distribution, in interstate commerce of medicinal preptions offered as treatments for convulsive seizures commonly know epilepsy. It has in its employ a Dr. Harry L. James who, tog with two assisting physicians, after professional consideratan ud the answers supplied in a case history questionnaire filled out bị prospective patient, prescribes an individual treatment, this be followed by periodic reports from the patient as the case developi the light of which changes in prescriptions and dosages frequently £ made. Said corporation, causing its preparations, when thus so be shipped in interstate commerce, in competition with other corp tions and with individuals, and concerns likewise engaged, entered i the following agreement to cease and desist from the alleged methods of competition as set forth therein.

Western Medical Corp., in connection with the offering for s sale and distribution of its medicinal preparations in commerce & fined by the Federal Trade Commission Act, or the advertising the by means or in the manner set forth in the stipulation, agreed it forthwith cease and desist from representing, directly or inferenti

(a) That the method of treatment which it offers for epilep "so different" or otherwise new or uncommon; that the methods f lowed in general are "old-fashioned" and not up to date; by assert or implication, that the usual treatment is with "only one kiri medicine," no attention being given by the physician to the patien general condition; or that the prospective purchaser has “very like been using a medicine that does no more than hold down attacks:

Amendment. See 36 F. T. C. 1059.

5) That its method of treatment will "do something more" than oly hold down the attacks of epilepsy, in any manner importing, lying or conveying the impression that it may be expected to reach treat the underlying causes thereof;

-) By statement, implication, or otherwise, that the causes of epiy are usually known to the respondent's physicians; that in gen, such causes are inherited bodily weaknesses from ancestral disers or diseases, injury, fright, overstudy, or a permanent weakening he system by afflications such as spinal meningitis, typhoid, influa, and pneumonia, or by connotation, passing reference or cursory tion, that the proportion of unknown causes is but incidental or of or importance;

d) That deficient blood circulation is or has been found by medscience to be a contributing cause of epilepsy seizures hard or ht; or that the medicines used by it are competent treatments or ctive remedies for deficient blood circulation or consequently, for use of epilepsy;

e) That intestinal putrefaction contributes or may contribute to lepsy seizures, leads to various disturbances in the system, or is the rce of disorders having an important bearing upon the general lth; or by any means of presentation, that the laxative medicines scribed will have significant effect on either the direct or the con›uting causes of epilepsy;

f) Directly or by implication, that stimulation of "certain glands" he body has or may have remedial effect on the cause or contributcauses of epilepsy attacks; or that the medicines used in its treatat do stimulate the internal secretion glands or thereby treat the se of epilepsy;

g) That improvement of the general physical condition has or y have any ascertainable effect on epilepsy seizures or their causes; t the normal functioning of the general systemic condition has an portant bearing" in the warding off or correction of epilepsy; that its medicines constitute competent treatments for the general ysical condition or to normalize the systemic functioning of the ly;

h) That from written answers to questionnaires, it does or can ain substantially "complete" information for the adequate and ective treatment of a case of epilepsy; or that its mail order treatnt is "perhaps even better" than would be a treatment following 'sonal interviews with its physicians.

Western Medical Corp. also agreed to cease and desist from

i) Disseminating any advertisement or trade literature pertaining

to its mail order treatments where the preparations used in such mei cation contain:

(1) Thyroid extract, which fails clearly to reveal that said ingres ent is a powerful and dangerous drug which attacks, oxidizes or buz. bodily tissues, is apt to be and frequently is harmful to the health of the user, and that the preparation including such drug may be safes taken only on prescription after an examination by a compars physician;

(2) A bromide, which fails clearly to reveal that the preparatio which it is a part should not be used in excess of the dosage revu mended, that such excessive use may be dangerous, causing skin er tions, mental derangement, and should not be taken by or admin ses to children;

(3) Zinc phosphide, which fails clearly to reveal that said ingredmay produce phosphorus poisoning, to which the liver and lower j are especially susceptible;

(4) Phenobarbital, which fails clearly to reveal that said ingre may be habit-forming;

Provided, however, That if directions for use of each of said pr arations, whether appearing on its label, in the labeling, or ir atkv label and labeling, contain adequate and specific warnings of its pes tial danger to health as aforesaid, said advertisement need crat only the cautionary statement: CAUTION: Use Only as Dir (1-15284, April 23, 1948.)

3817.5 Mineral Waters-Qualities, Properties, or Results. Stipulati No. 3817 has been amended so that it now reads:

E. A. Stevens, an individual, engaged in the sale and distributa in interstate commerce, of mineral waters designated as "Steve" Mineral Water," "Stevens' Concentrated Mineral Water" and "Steve" 50-50 Water," in competition with individuals, firms, and corporater likewise engaged, entered into the following agreement to cease 25% desist from the alleged unfair methods of competition in comme as set forth therein.

E. A. Stevens, in connection with the sale and distribution in co merce, or the advertising by the means and in the manner above forth, of the preparations designated "Stevens' Mineral Water" "Stevens' Concentrated Mineral Water," or "Stevens' 50-50 Water) or any other preparation composed of substantially the same ingred ents or possessing substantially the same properties, whether s under such names or any other name or names, agreed that he wi forthwith cease and desist from:

(1) Representing, directly or inferentially, that said preparation

Amendment. See 38 F. T. C. 771.

thereof constitute an effective treatment or relief for stomach e, acute or chronic nephritis, oedema, dyspnoea, anasarca, , engorged condition of the liver or kidneys, rheumatism, gout, id, diathesis, gall stones, gall bladder trouble, jaundice, malarial , chronic gastric or intestinal derangements, anemia chlorosis, sh portal circulation, sallow complexion, sleeplessness, leg pains, trouble, nervousness, kidney trouble, dropsical trouble, appen, prostate trouble, splenic leukemia or run down condition; Representing, directly or inferentially, that said preparations y thereof constitute a cure for chronic constipation; constitute tment for constipation in excess of temporarily relieving such ion; or that the physiological effects thereof are other than those line laxative and a very weak antacid;

said E. A. Stevens further agreed not to publish any testimonials ning statements or assertions contrary to the terms of the foreagreement. (1-18209, May 12, 1948.)

0.6 Cosmetic Preparations and Beauty Culture Course Scientific or int Facts, Qualities, Properties or Results, Etc.-The Commission di1 that Stipulation 3840 be amended so that it now reads:

hard Hudnut, engaged in the sale and distribution, in interstate merce, of cosmetic preparations and, in connection with the sale d preparations, has engaged in the sale and distribution in come, as aforesaid, of a correspondence course of instruction in beauty re designated as the "Du Barry Success Course" which includes ply of cosmetics or toiletries for use in connection therewith; in petition with corporations, firms, and individuals likewise end, entered into the following agreement to cease and desist from alleged unfair methods of competition in commerce as set forth ein.

chard Hudnut, in connection with the sale and distribution in merce as defined by the Federal Trade Commission Act, or the ertising by the means and in the manner above set forth, of its etic preparations and correspondence course of instruction in ty culture heretofore designated as "Du Barry Success Course," ed that it will forthwith cease and desist from representing ctly or inferentially:

) That a reduction in weight can be depended upon to relieve or ect high-blood pressure, arthritis, or chronic fatigue;

2) That a program of posture and exercise can be depended upon orrect crooked spines or bodily deformities;

3) That assuming the position described as the "beauty angle

mendment. See 38 F. T. C. 788.