Syllabus antiseptic properties; and that it acted as a digestant in the stomach and prevented gastric and duodenal ulcers, and was an adequate and competent treatment for them and for peptic ulcers, colitis, diarrhea, dysentery, enteritis, cholera infantum, paratyphoid, typhoid, and food poisoning, arthritis and rheumatism; Falsely represented that their "Vitalets" would furnish significant quantities of vitamins A, B, D, and B. (G); would be of value in the treatment of acne, pimples, blemishes, eczema, and hives, and would alleviate skin troubles generally; would endow an individual with increased capacity for physical exertion; and would protect the eyes, ears, nose, and sinuses; Represented that their preparation "Tam" did not contain any of the ordinary laxative drugs, but owed its laxative effect to leaves and fruits identical to various leaves and fruits used as food; that it was a new laxative, relieved constipation in a new way and acted through natural means; and that use thereof benefited the intestinal auscles, restored rhythm to the inner muscles, produced healthy bowel tone, gave pep to intestinal muscles, corrected and relieved piles, increased the appetite and aided digestion; e facts being that said laxative preparation, which resembled a fruit jam, contained significant quantities of the cathartic drugs senna, cassia fistula, and tamerind, which are commonly used in laxative preparations, and while they are natural cathartic leaves and fruits, do not resemble leaves and fruits used as food; while the palatableness of "Tam" was unique and original, its combination of cathartic drugs with fruits could not be regarded as new, but was one of the oldest types of laxative preparation; it did not act on any new principle or through natural means, and its only therapeutic value was in temporarily relieving constipation and symptoms thereof; ith tendency and capacity to mislead and deceive a substantial portion of the purchasing public with respect to their products, and thereby induce it to purchase substantial quantities thereof: !eld, That such acts and practices, under the circumstances set forth, were all to the prejudice of the public and constituted unfair and deceptive acts and practices in commerce. n said proceeding, in which the complaint also charged that respondents' advertisements of their laxative preparation "Tam" constituted false advertisements for the further reason that they failed to reveal certain facts as to potential danger in the use thereof, the Commission was of the opinion that under the circumstances in the case, no disclosure as to such facts should be required in the advertisements. Before Mr. George Biddle, trial examiner. Mr. Clark Nichols for the Commission. Breed, Abbott & Morgan, of New York City, and Mr. Michael F. Markel, of Washington, D. C., for respondents. 789940-50- 46 The facts being that said "Ritamine" would not supply the respective vitamins and minerals in therapeutic quantities; though, after a change in formula, it supplied all vitamins known to be essential and for which daily minimum 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 phosphorus; and while the ailments listed above might result from vitamin deficiencies, they frequently were the results of other causes; and while, used as directed, their said product would prevent the symptoms when due to vitamin deficiencies, they would not prevent their development from other causes; (d) Falsely represented that their powdered food supplement "Joyana," taken as directed, would provide the minimum daily requirements of all the essential vitamins and minerals; was a cure or effective treatment for stomach distress; would reduce excess weight; prevent or correct baldness, dandruff or gray hair; aid digestion; renew energy and increase strength; correct low vitality, chronic fatigue, headaches, instability, nervousness, vague aches and pains, and insomnia; and prevent insomnia, lack of energy or strength, low vitality, chronic fatigue, headaches, irritability, nervousness, or vague aches or pains; The facts being that said "Joyana," used as directed, would prevent development of vitamin deficiencies of which the ailments listed above are symptoms, but would not prevent such symptoms where due to other causes; (e) Falsely represented that their "Souplets" tablets had significant value in the 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- (g) Falsely represented that their "Nyce Cream" penetrated the pores, softened (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 antiseptic properties; and that it acted as a digestant in the stomach and prevented gastric and duodenal ulcers, and was an adequate and competent treatment for them and for peptic ulcers, colitis, diarrhea, dysentery, enteritis, cholera infantum, paratyphoid, typhoid, and food poisoning, arthritis and rheumatism; (i) Falsely represented that their "Vitalets" would furnish significant quantities of vitamins A, B1, D, and B. (G); would be of value in the treatment of acne, pimples, blemishes, eczema, and hives, and would alleviate skin troubles generally; would endow an individual with increased capacity for physical exertion; and would protect the eyes, ears, nose, and sinuses; (j) Represented that their preparation “Tam" did not contain any of the ordinary laxative drugs, but owed its laxative effect to leaves and fruits identical to various leaves and fruits used as food; that it was a new laxative, relieved constipation in a new way and acted through natural means; and that use thereof benefited the intestinal auscles, restored rhythm to the inner muscles, produced healthy bowel tone, gave pep to intestinal muscles, corrected and relieved piles, increased the appetite and aided digestion; The facts being that said laxative preparation, which resembled a fruit jam, contained significant quantities of the cathartic drugs senna, cassia fistula, and tamerind, which are commonly used in laxative preparations, and while they are natural cathartic leaves and fruits, do not resemble leaves and fruits used as food; while the palatableness of “Tam" was unique and original, its combination of cathartic drugs with fruits could not be regarded as new, but was one of the oldest types of laxative preparation; it did not act on any new principle or through natural means, and its only therapeutic value was in temporarily relieving constipation and symptoms thereof; With tendency and capacity to mislead and deceive a substantial portion of the purchasing public with respect to their products, and thereby induce it to purchase substantial quantities thereof: Held, That such acts and practices, under the circumstances set forth, were all to the prejudice of the public and constituted unfair and deceptive acts and practices in commerce. In said proceeding, in which the complaint also charged that respondents' advertisements of their laxative preparation "Tam" constituted false advertisements for the further reason that they failed to reveal certain facts as to potential danger in the use thereof, the Commission was of the opinion that under the circumstances in the case, no disclosure as to such facts should be required in the advertisements. Before Mr. George Biddle, trial examiner. Mr. Clark Nichols for the Commission. Breed, Abbott & Morgan, of New York City, and Mr. Michael F. Markel, of Washington, D. C., for respondents. 789940-50- 46 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 American Dietaids Co., Inc., a corporation, and Joseph G. Spitzer and Marvin Small, individually and as officers of American Dietaids Co., Inc., a corporation, 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 1. Respondent, American Dietaids Co., Inc., is a corporation existing under the laws of the State of New York, with its principal office and place of business located at 176 South Broadway, Yonkers, New York. Respondents, Joseph G. Spitzer and Marvin Small, are president and secretary and treasurer, respectively, of American Dietaids Co., Inc., with their principal office and place of business located at 176 South Broadway, Yonkers, N. Y. Said individual respondents own, control, and operate the respondent corporation, American Dietaids Co., Inc., and jointly and severally acting in their individual and official capacities and for their own interests, determine, direct, and administer the business policies and sales activities and are personally and actively engaged in controlling, conducting, and operating the business and sales activities of said respondent corporations. PAR. 2. Respondents, American Dietaids Co., Inc., and Joseph G. Spitzer and Marvin Small, individually and as officers of the aforesaid respondent corporation, are now, and for more than 1 year last past have been, engaged in the sale and distribution of various preparations in commerce among and between the various States of the United States and in the District of Columbia. Among the preparations so sold and distributed by these respondents are the preparations designated and advertised as "Enrich," "Stamina," "Souplets," "Nyce Special Soap," "Nyce Cream," "Ritamine," "Joyana," "Sorbex," "Vitalets," and "Tam." Respondents cause said preparations when sold to be transported from their place of business in the State of New York to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondents at all times mentioned herein maintain, and have maintained, a course of trade in said preparations in commerce among and between the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of the aforesaid business, respondent corporation and Joseph G. Spitzer and Marvin Small, individually, and in their official capacities as officers of the aforesaid corporation, have disseminated and are now disseminating, and have caused and are now causing the dissemination of, false advertisements concerning their aforesaid preparations by the United States mails and by various others means in commerce as "commerce" is defined in the Federal Trade Commission Act; and the respondents, as aforesaid, have also disseminated and are now disseminating, and have caused and are now causing, the dissemination of false advertisements concerning their aforesaid preparations by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of the aforesaid preparations in commerce, as "commerce" is defined in the Federal Trade Commission Act. PAR. 4. Through the use of the words, phrases, statements, representations, and pictures appearing in the advertising material disseminated and caused to be disseminated by respondents as aforesaid, which purport to be descriptive of the preparation "Enrich," its therapeutic and nutritional value, respondents represent, directly and by implication, that the preparation "Enrich” is a cure and remedy for and constitutes a competent and effective treatment for periodic pains of menstruation, acne, common diseases of the heart, stomach ulcers, lowered sex interest, arthritis, neuritis, and colitis; that it will build red blood and strong nerves; that it will strengthen every tissue of the body and help the organs to function properly; that it will definitely increase the hemoglobin of the blood; that it will definitely increase the red blood cell count; that it is a competent and effective treatment for nerve diseases; that it will recharge the energy system, make one healthy and robust, eat better, sleep better, and feel better, enable one to work with vigor, think more clearly and lead a happier, richer social life. PAR. 5. Through the use of the words, phrases, statements, and representations appearing in the advertising material disseminated and caused to be disseminated by respondents, as aforesaid, which purport to be descriptive of the form of iron contained in the preparation "Enrich" and a comparison thereof with the form of iron contained in Blaud Pills and other medical preparations, respondents represent directly and by implication, among other things, that the preparation "Enrich" is superior to Blaud Pills and other medical |