GEST OF FALSE AND MISLEADING ADVERTISING

STIPULATIONS, AS AMENDED 1

1

4.2 Drug Products-Qualities, Properties or Results, Composition, rative Merits, Manufacturer, Safety, Etc.-The Commission di1 that Stipulation No. 0304 be amended so that it now reads: G. Luebert, an individual, 126 South Fifth Avenue, Coatesville, endor-advertiser, was engaged in selling drug products desig"Nox-Em Tablets and Capsules (combined)," "Iron Tonic ts," "Ka-No-Mor Capsules," "Nox-Em Jelly," "Nox-Pan Tab"Nox-Em Corn Plaster" and "Leubert's Laxative Tablets" and d, in connection with the dissemination of future advertising, to and desist from representing directly or by implication:

That Nox-Em Tablets and Capsules are a cure or remedy for tis, gout, sciatica, rheumatism or stiff or sore joints, or that they any therapeutic value in the treatment of those conditions in 3 of an analgesic to temporarily relieve minor muscular aches ains attending those conditions and as a cathartic, diuretic, and lant;

That Nox-Em Tablets and Capsules drive out, eliminate, se, or rid poisons from the system or blood;

That Nox-Em Tablets and Capsules purify the blood, stimulate ver or strengthen the bladder;

O That no other product is equal to the Iron Tonic Tablets; That the product Iron Tonic Tablets replaces what has been out in the blood or nerves, or that it restores the tone of the

n;

That the product Iron Tonic Tablets:

(1) cleanses the blood;

(2) insures a vigorous condition of the nervous system; (3) produces proper activity of all the organs and functions of the body;

stipulations in question, as amended, are those of the radio and periodical division endor-advertisers and advertising agents. Period covered is that of this volume, , July 1, 1947, to June 30, 1948, inclusive.

subsequent stipulations accepted by the Commission during the period covered by lume and effected through the Commission's Division (more recently Bureau) of tions, which was set up incident to the Commission's reorganization plan and pros set forth in the footnote on p. 1237, see stipulations beginning with No. 7507, as ed on pp. 1293 to 1354.

ligests of general stipulations, see ante, at p. 1237. For digests of previous stipulasee volumes 14 to 43 of Commission's decisions.

endment of revised supplemental. See 34 F. T. C. 1705.

(4) rejuvenates the nervous system;

(5) builds up the system;

(6) is composed of chemical foods;

(7) affords a permanent or lasting effect;

(g) That no other product is as fast in therapeutic effect as Ka-3Mor Capsules, or that by the use of this product relief is assured:

(h) That the product Ka-No-Mor Capsules is effective in reber pains of all kinds or that any value it may have in the treatme colds, neuralgia, lumbago or fatigue exceeds that of an analger temporarily relieve the symptoms of pain and discomfort associ therewith;

(i) That all kinds of torture respond to Ka-No-Mor Capeus (j) That Ka-No-Mor Capsules will relieve dizziness, carsicknes seasickness;

(k) That Nox-Em Jelly affords free breathing or freedom fram nose clogging;

(m) That by use of Nox-Pan Tablets there is no danger of the drug habit;

(n) That Nox-Em Corn Plaster will cure one of corns and calle (0) That the Laxative Tablets are free from harsh effects;

(p) That he manufactures Nox-Em and Ka-No-Mor Capsule from otherwise representing or implying that he manufacture # product which is not manufactured in a factory owned, control or operated by him.

The said A. G. Luebert further agreed not to publish or caus be published any testimonial containing any representation con to the foregoing agreement.

The said A. G. Luebert further agreed that in the dissemi of advertising by the means and in the manner above set out medicinal preparations now designated Nox-Em Tablets and ( sules, Ka-No-Mor Capsules, and Nox-Pan Tablets, or any other arations of substantially the same compositions or possessing s stantially the same properties, whether sold under those names any other names, he will forthwith cease and desist from dissemina ing any advertisements which represent directly or by implicat that the said preparations are in all cases safe or harmless; or advertisements fail to reveal that their frequent or continued th may be dangerous, causing serious blood disturbances, anemia, lapse, or a dependence on them, and that no more than the dos recommended should be taken, and that they should not be give children: Provided, however, That such advertisements need only tain a statement that the preparations should be used only as directe on the labels thereof if and when such labels either contain a

›r warning to the same effect or specifically direct attention to ilar caution or warning statement in the accompanying label1-6764, Apr. 9, 1948).

93.3 Breakfast Food-Qualities, Properties, or Results, Scientific or int Facts, Composition, Etc.-The Commission directed that StipuNo. 01593 be amended so that it now reads:

cle Sam Breakfast Food Co., a corporation, Omaha, Nebr., vendvertiser, is engaged in selling Uncle Sam Laxative Breakfast , and in advertising represented:

without weakening the digestive organs or causing other dangerous after

iffers from other cereal foods in that it not only builds and sustains the but acts as a laxative. While it is in no sense a medicine, if eaten regonce or twice each day it will relieve constipation.

Whole wheat, one of the main ingredients of Uncle Sam Laxative fast Food is rich in the vital body-building, health-giving properties, parrly Vitamin A, which builds resistance to infection, and Vitamin B, the h property.

motes Regularity and Good Health!

s cereal combines two very necessary foods that do wonders towards g up the system and keeping you fit and alert. The whole wheat contained cle Sam's furnishes the roughage that your system needs if it is to function rly while the flaxseed content supplies the lubricant or regulator. If you rone to suffer from chronic irregularity just try Uncle Sam's for ten

Uncle Sam Breakfast Food and keep illness away.

you are feeling rundown, no count, pepless, groggy, prone to suffer from estion, try Uncle Sam's Breakfast Food.

is good for the relief of irregularity and a poor complexion when caused uggish system.

u do not need to use medicines or go on a strict diet. Just eat Uncle Sam kfast Food regularly. It is a pleasant way to keep fit.

you have not been able to get a food that will keep you regular and at ame time not be habit-forming, try Uncle Sam's Breakfast Food. You will t to be everything that's said about it.

e natural enemy of constipation. . . it builds up strength. . . keeps you ar . . . promote digestion and adequate elimination of food that cannot gested.

is better than a medicine because it works naturally and effectively.

he respondent hereby admits:

hat according to reliable medical authority, while Uncle Sam akfast Food would tend to stimulate peristaltic action of the inines, its continued use might in some cases cause irritation and

mendment. See 24 F. T. C. 1481.

might eventually result in harm; its beneficial action is limited some individuals suffering from constipation who would be by a mixture such as this provided the amount and freque dose were properly regulated; but said product is not considered a having curative properties in cases of constipation; will not to a the system; does not supply to the system materials essential ton proper functioning; neither does it give all vitamins essentia the body; nor will it keep away illness or eliminate from the be poisonous materials; it is not a competent treatment for weight; and its use will not promote digestion or build up streng

In a stipulation filed and approved by the Federal Trade C mission this vendor-advertiser admits making such representat and specifically stipulates and agrees in soliciting the sale of selling its said product in interstate commerce to cease and from representing directly or otherwise:

(a) That Uncle Sam Breakfast Food is 1. The modern way of keeping regular; 2. Rich in vitamins A or B;

3. The natural enemy of constipation;

4. Better than a medicine; or is not a medicine;

5. Everything that's said about it;

6. Good for a poor complexion caused by a sluggish system; (b) That Uncle Sam Breakfast Food

1. Induces regularity;

2. Keeps illness away or promotes health;

3. Builds or sustains the body or builds strength;

4. Promotes well-being;

5. Promotes digestion or adequate elimination of indigestible c 6. Works naturally and effectively;

(c) That Uncle Sam Breakfast Food will relieve any type of stipated condition not caused by lack of bulk or internal lubrica

(d) That Uncle Sam Breakfast Food eaten regularly once or t a day will relieve constipation in all cases;

(e) That the use of Uncle Sam Breakfast Food would be of material benefit when one feels

1. Run down;

2. No account;

3. Pepless;

4. Groggy;

5. Prone to suffer from indigestion;

(f) That Uncle Sam Breakfast Food combines two necessary foo namely whole wheat and flaxseed, for toning up the system or keep one fit or alert;

) Generally that one's system needs roughage or lubricant in r to function properly;

) That the use of Uncle Sam Breakfast Food without medicines

et will keep one fit;

) Inferentially that other laxative foods are habit forming or Uncle Sam Breakfast Food is not so;

from making any other claims or assertions of like import. 0405, Mar. 22, 1948.)

778.* Laxative Scientific or Relevant Facts and Qualities, Properties esults.-The Commission directed that Stipulation No. 01778 be nded so that it now reads:

nion Pharmaceutical Co., Inc., a corporation, 12 Roosevelt Avenue, omfield, N. J., vendor-advertiser, was engaged in selling a bulk · laxative preparation designated Saraka and agreed, in connecwith the dissemination of future advertising to cease and desist : 7) From representing, directly or by implication, that Agar used gar laxatives is capable of promoting germ growth; or

5) From representing, directly or by implication, that Saraka exses or tones up the system, or exercises or strengthens the intestinal cles, or is essential for normal digestion.

he said Union Pharmaceutical Co., Inc., agreed not to publish or se to be published any testimonial containing any representation trary to the foregoing statement. (1-10708, Apr. 9, 1948.) 2101.5 Cosmetics, Drugs and Dream Book-Qualities, Properties or Res, Earnings or Profits, Free Products, Composition, Etc.-The Commisà directed that Stipulation No. 02101 be amended so that it now ds:

ucky Heart Laboratories, Inc., a corporation trading as Lucky art Co. and Erbru Medicine Co., 388-400 Mulberry St., Memphis, n., vendor-advertiser, was engaged in selling various cosmetics 1 drugs and a "dream book," under the brand name of "Lucky art" products and agreed, in connection with the dissemination of ure advertising, to cease and desist from representing directly or implication:

a) That application of its Bleaching Cream will make the skin or any other number of shades lighter, or that through its use one y have as light a skin as desired, or that it will brighten or lighten rk skin at all unless limited to a temporary lightening of the skin; 6) That its Double Strength Cream gives the user light, smooth n the first day;

(c) That its Lemon Bleaching and Cleansing Cream bleaches the

Amendment to supplemental. See 35 F. T. C. 901.

Amendment. See 26 F. T. C. 1467.