directly or through any corporate or other device, in connection with the manufacture for introduction, or introduction, into commerce, or the sale, transportation, or distribution in commerce, as "commerce" is defined in the aforesaid acts, of men's trousers or pants, or ot "wool products," as defined in and subject to the Wool Products Labeling Act of 1939, which contain, purport to contain, or in any way are represented as containing "wool," "reprocessed wool," or "reused wool," as those terms are defined in said act, do forthwith cease and desist from misbranding such products by failing to affix securely te or place on such products a stamp, tag, label, or other means identification showing in a clear and conspicuous manner;

(A) The percentage of the total fiber weight of such wool produ exclusive of ornamentation not exceeding 5 per centum of said toal fiber weight, of (1) wool, (2) reprocessed wool, (3) reused wool, (4) each fiber other than wool where said percentage by weight of such fiber is 5 per centum or more, and (5) the aggregate of all other fibers (B) The maximum percentage of the total weight of such won products of any nonfibrous loading, filling, or adulterating matter.

(C) The name of the manufacturer of such wool product; or the manufacturer's registered identification number and the name of a seller of such wool product; or the name of one or more persons intr ducing such wool product into commerce, or engaged in the sale transportation, or distribution thereof in commerce, as "commerce" is defined in the Federal Trade Commission Act and the Wool Products Labeling Act of 1939.

Provided, That the foregoing provisions concerning misbranding shall not be construed to prohibit acts permitted by paragraphs (a) and (b) of section 3 of the Wool Products Labeling Act of 1954: And provided, further, That nothing contained in this order shall be construed as limiting any applicable provision of said act or the rules and regulations promulgated thereunder.

It is further ordered, That the respondents shall, within 60 days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

It is further ordered, That the complaint herein be, and it hereby is, dismissed as to the respondent Harry Bank.

Syllabus

IN THE MATTER OF

IERICAN DIETAIDS CO., INC., JOSEPH G. SPITZER AND MARVIN SMALL

PLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914

Docket 5070. Complaint, Oct. 28, 1943-Decision, Mar. 19, 1948

ategorical representation by the advertiser-seller of a product that certain designated symptoms or conditions were likely to be due to a cause for which said advertiser-seller's product was beneficial, when in fact in the majority of cases such symptoms or conditions are due to causes in the treatment of which the product advertised would have no benefit whatever, is clearly false and obviously deceptive, and the Commission is of the opinion that a representation to the same effect, made under the same circumstances, except by suggestion instead of categorically, and unaccompanied by an appropriate disclosure of the likelihood of other causes of the symptoms and conditions, is equally false and deceptive, and, by reason of such falsity, is subject to the exercise of the Commission's corrective jurisdiction in the same manner and to the same extent as though the representation had been made by affirmative statement.

respects the necessity for disclosure in cases in which an advertiser-seller through suggestion represents that certain symptoms or conditions not only may be due to the cause for which the advertiser-seller's product is beneficial, but also that there is likelihood that they are in fact due to such cause, when in the majority of cases the symptoms or conditions are due to causes in the treatment of which the product advertised would have no benefit whatsoever, the Commission is of the opinion that, as respects the necessity for disclosure in such cases, there is sound reason for distinguishing between those cases in which products are recommended for the cure or treatment of symptoms or conditions, and those in which it is represented merely as an effective preventive thereof, since, in the case of the former, the advertisement is directed to persons who are already ill or so consider themselves, and usually have or are under the impression that they have one or more of the symptoms referred to in the advertisement; whereas, in the case of the latter; i. e., where the product is represented only as a preventive, the advertisement is directed presumably to those who are well and who would not have, or think they have, any of the symptoms mentioned, and are in a better position properly to appraise the representation, and will not be so easily mislead as those who are already ill.

e skin, as respects special preparations claimed to produce a clear, youthful complexion, or otherwise improve the appearance thereof, is affected by the processes of aging, and consequent effects thereon will not be averted or postponed by their use. Said appearance is dependent upon many factors of which the fundamental are the inherent qualities of the skin and the physiological processes of the body, and if said factors are not such as to supply the essential foundation for a clear or youthful complexion, one

cannot be acquired by the use of soap and water. And as respects external application of face cream to keep the skin free from blackheads, enlarged pores or other skin blemishes, or to prevent muddy complex lifeless skin or premature wrinkles, such and similar skin blemishes often brought about by factors and bodily conditions which cannot be thes affected.

In a proceeding in which the Commission challenged as false and misleading various advertising representations of respondent advertiser-sellers, wh respect to certain medicinal preparations offered by them, and in which appeared that nine vitamins, and as many minerals, were constituents of one or more of the products involved, the Commission, on the basis of the facts generally accepted by qualified experts with respect to the requireme in human nutrition of the said vitamins and minerals,

(a) Found and set forth the minimum daily adult requirements for certa of said vitamins and minerals, and for nutritional as distinguished from therapeutic purposes (and as designated as such for the purposes of regulation promulgated pursuant to section 403 (j) of the Federal Food Drug, and Cosmetic Act), with respect to vitamins A, B, C, D, B, (G) calcium, phosphorus, iron, and iodine;

(b) Found that the need in human nutrition for niacin (nicotinic acid vitamin K, copper, magnesium, and zinc had been established, but that thes minimum daily requirements had not been established.

(c) Found that the need in human nutrition for vitamin B, vitamin & calcium pantothenate, manganese, and cobalt had not been established.

Where a corporation engaged in the interstate sale and distribution of variou medicinal and cosmetic preparations, and the two individuals, who were is president, and secretary and treasurer, and owned and operated it; in advertising said preparations through the mails and in various other ways directly and by implication

(a) Falsely represented that the preparation "Enrich" was a cure and e petent treatment for periodic pains of menstruation, acne, common diseases of the heart, stomach ulcers, colitis, lowered sex interest, arthritis, and neuritis; that it would build red blood and strong nerves; strengthen every tissue of the body and help the organs to function properly and definitey increase hemoglobin of the blood and the red blood cell count; and was a competent and effective treatment for nerve diseases which would recharge the energy system, make one healthy and robust, eat better, sleep better and feel better, and enable one to work with vigor, think more clearly, a lead a happier, richer social life; that the form of iron contained in sad preparation was superior to that contained in Blaud pills and other medicit preparations; and that the iron in said other preparations had to be c verted before it could be assimilated, whereas that in its own product w in the same form as iron in the body and, therefore, was assimilated immed ately; and through the use of such words and phrases, among many others, as "low vitality," "nerve disorders," "lowered sex interest," "morbid fears* "morning lassitude," "flushing face," "excessive yawning," "nausea,” “heaviness of limb," "shortness of breath," "loss of appetite," "restless sleep," that such symptoms, manifestations, or conditions indicated lack of iron or

Syllabus

vitamin B1 in the diet, and was caused thereby; and that its said "Enrich" preparation constituted a remedy or effective treatment therefor;

facts being that (1) the only constituents of said liquid tonic which had any elation to the aforesaid representations and symptoms were iron and vitanin B1; that, when taken as directed, said "Enrich" supplied the generally recognized minimum therapeutic dose of iron, and about 6 percent of that of vitamin B1; (2) symptoms included in its above enumeration are not symptoms of either iron or vitamin B1 deficiencies; (3) while a variety of conditions listed are all symptoms of iron deficiency anemia, they are also symptoms of other more frequent ailments or diseases which are unrelated hereto, and in such cases said product had no therapeutic value; Falsely represented that their "Stamina" powdered food product would ndow the individual with increased capacity for physical exertion, increase is stamina and virility, reduce excess fat, keep him young and furnish ignificant amounts of essential vitamins and minerals; that its use was of ignificant value as a dietary adjunct for sufferers from weak stomach, colitis, nephritis, or for kidney disorders, chronic gastrointestinal, and gall ladder diseases, general weakness, and low vitality, and provided a cometent treatment therefor; would correct insomina, restless sleep, mental listress, morbid fears, lack of confidence, insufficient energy, sensitiveness o noise and light, inability to concentrate, nervous indigestion, headache, lausea, and some other conditions; and was an adequate treatment for nervous break-downs, would promote vitality, benefit the nerves, improve ligestion and make an individual mentally alert and physically fit; facts being that said “Stamina" provided vitamin A, B1, B2 (G), phosphorus, and calcium, but not in quantities which were generally recognized as therapeutic; and consisted of about 75 percent carbohydrates, and, consumed is a dietary supplement in the recommended quantities would not increase stamina or capacity for physical exertion beyond the aid it would give by reason of its food energy component; and would not reduce but would tend to increase body fat;

Falsely represented that their "Ritamine" capsules, taken as directed, would supply all vitamins and minerals in amounts required by the body to maintain perfect health, and that thus used it would prevent or remedy all diseases or abnormal bodily conditions caused by vitamin and mineral deficiencies and would cure or effectively prevent colds, sinus infection, joint pains, or unsatisfactory functioning of the glands, and increased resistance to the rigors of winter and to diseases generally; was a cure or remedy for heart trouble, low vitality, poor teeth, scaly skin, tooth decay, soft gums, lack of appetite, loss of muscle tone, general weakened condition of the body, or diseases arising by reason of old age; that vitamin A provided resistance to colds, sinus troubles or infection of the respiratory tract, that vitamín E prevented sterility, and that vitamin G improved digestion; and that said "Ritamine" product would prevent low vitality, poor teeth, tooth decay, scaly skin, soft gums, lack of appetite, loss of muscle tone, a general weakened condition, heart diseases or impairment of heart action, neuritis, capillary weakness, and unhealthy skin or nervous irritability:

The facts being that said "Ritamine" would not supply the respective vitamins, and minerals in therapeutic quantities; though, after a change in formu, it supplied all vitamins known to be essential and for which daily minim requirements had been established, in amounts equal to or exceeding the same; supplied all the essential minerals and the minimum daily require ments of iron and iodine, but not such requirements of calcium and p phorus; and while the ailments listed above might result from vitamin ficiencies, they frequently were the results of other causes; and while, used t directed, their said product would prevent the symptoms when due to vitama deficiencies, they would not prevent their development from other cases (d) Falsely represented that their powdered food supplement "Joyana,” takaa as directed, would provide the minimum daily requirements of all the essa tial vitamins and minerals; was a cure or effective treatment for stond distress; would reduce excess weight; prevent or correct baldness, dandi or gray hair; aid digestion; renew energy and increase strength; corret low vitality, chronic fatigue, headaches, instability, nervousness, vague achei and pains, and insomnia; and prevent insomnia, lack of energy or strenta low vitality, chronic fatigue, headaches, irritability, nervousness, or vague aches or pains;

The facts being that said "Joyana," used as directed, would prevent developmen of vitamin deficiencies of which the ailments listed above are symptoms, bat would not prevent such symptoms where due to other causes;

(e) Falsely represented that their "Souplets" tablets had significant value in th reduction of excess weight and would produce healthy nerves and good digestion;

The facts being that the product in question supplied about one-third of the minimum daily requirements of thiamine or vitamin B1, and not sufficient to have any significant effect on nerves and digestion; that, however, as part of a low caloric diet it served as a good source of vitamin B1; that, while soup or broth prepared therefrom was of a comparatively low caloric value, and, therefore, helpful in a reducing diet, it did not have any other effect in the reduction of excess weight;

(f) Represented that their "Nyce Special Soap" tended to produce a clear, youth ful complexion and contained soya extract, which beautifies the skin; The facts being that the only beneficial effects upon the skin, by reason of the use thereof, were such as may result from cleansing the skin with soap and water; and the soyabean oil in said product had been saponified and would not benefit the skin;

(g) Falsely represented that their "Nyce Cream" penetrated the pores, softened and loosened the accumulation of wax, dust and grime, and floated them to the surface of the skin; cleared the pores so they could breathe; reduced enlarged pores to normal, kept the skin free from blackheads, enlarged pores, and other skin blemishes, and prevented muddy complexion, lifeless skin, and premature wrinkles;

(h) Falsely represented that their "Sorbex" tablets acted as a detoxifier, absorbed putrefactive toxins which might be present in the colon or small intestine and brought about the elimination thereof from the boody; that it had