treatment for diseases and infections of the urinary passage, including gonorrhea, and thereby to induce it to purchase its said preparation: Held, That said acts and practices, under the circumstances set forth, were to the prejudice and injury of the public and constituted unfair and deceptive acts and practices in commerce. Before Mr. Edward E. Reardon and Mr. John P. Bramhall, trial examiners. Mr. L. E. Creel, Jr., Mr. Merle P. Lyon and Mr. Clark Nichols for the Commission. Mr. Daniel R. Forbes, of Washington, D. C., for respondent. 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 Pabst Pharmaceutical Co., Inc., a corporation, doing business under the name and style of Pabst Chemical Co., hereinafter referred to as respondent, has 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, Pabst Pharmaceutical Co., Inc., doing business under the name and style of Pabst Chemical Co., is a corporation, organized, existing and doing business under and by virtue of the laws of the State of Illinois, with its principal office and place of business located at 1115 North Franklin Street, Chicago, Ill. PAR. 2. Respondent is now and for several years last past has been engaged in the business of compounding, selling and distributing a medicinal preparation known and described as "Pabst Okay Special" in commerce between and among various States of the United States and in the District of Columbia. Respondent causes and has caused said product, when sold, to be transported from Chicago, Ill., to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondent maintains and at all times mentioned herein has maintained a course of trade in said preparation in commerce between and among the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of its aforesaid business, the respondent has disseminated, and has caused the dissemination of, false advertisements concerning its said product by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also disseminated, and has caused the dissemination of, false advertisements concerning its said product by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said product in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the false, misleading and deceptive statements and representations contained in said false advertisements disseminated and caused to be disseminated, as hereinabove set forth, are the following: have been used for many years WITH SATISFACTORY RESULTS by physicians as part of their treatment in For sale by (Name and address of drug store.) PAR. 4. Through the use of the representations hereinabove set forth and others similar thereto not specifically set out herein, respondent represents that the active ingredients of its said preparation have been and are used by physicians generally with satisfactory results in the treatment and cure of all infections of the urinary passage and that the use of its preparation constitutes a competent treatment for all diseases and infections of the urinary passage. PAR. 5. In truth and in fact the statements and representations of respondent hereinabove set out, and others similar thereto, are false and misleading. The active ingredients of respondent's said preparation are no longer used by physicians generally in the treatment of infections of the urinary passage and have not produced satisfactory results when used in the treatment of said infections. Respondent's preparation is not a competent treatment or cure for any diseases or infections of the urinary passage. PAR. 6. The true facts are that the principal ingredients of respondent's preparation are Balsam Copaiba, Sandalwood Oil, Sweet Spirits of Nitre, Oil of Pennyroyal, Fluid Extract of Cubebs, Fluid Extract of Juniper Berries and Fluid Extract of Uva Urisi. Many years ago some physicians used some of the ingredients of respondent's preparation in the treatment of the infection of the urinary tract known as gonorrhea. However, the use of these drugs has long since been discontinued by reputable members of the medical profession and informed medical opinion recognizes at the present time that these drugs have no therapeutic value in the treatment of any of the diseases or ailments of the urinary tract. Modern scientists have now developed various drugs which are in fact specific remedies for many of the diseases of the urinary passage, including gonorrhea. PAR. 7. Over a period of many years respondent has extensively advertised its product under the name "Pabst Okay Specific" and later under the name "Pabst Okay Special" as being a competent treatment and cure for infections and diseases of the urinary passage. Because of such widespread advertising the names "Pabst Okay Specific" and "Pabst Okay Special" have become identified in the minds of a substantial portion of the public as designating a product which constitutes a competent treatment for the cure of diseases and ailments of the urinary tract generally and particularly, gonorrhea. treatment for diseases and infections of the urinary passage, including gonorrhea, and thereby to induce it to purchase its said preparation: Held, That said acts and practices, under the circumstances set forth, were to the prejudice and injury of the public and constituted unfair and deceptive acts and practices in commerce. Before Mr. Edward E. Reardon and Mr. John P. Bramhall, trial examiners. Mr. L. E. Creel, Jr., Mr. Merle P. Lyon and Mr. Clark Nichols for the Commission. Mr. Daniel R. Forbes, of Washington, D. C., for respondent. 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 Pabst Pharmaceutical Co., Inc., a corporation, doing business under the name and style of Pabst Chemical Co., hereinafter referred to as respondent, has 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, Pabst Pharmaceutical Co., Inc., doing business under the name and style of Pabst Chemical Co., is a corporation, organized, existing and doing business under and by virtue of the laws of the State of Illinois, with its principal office and place of business located at 1115 North Franklin Street, Chicago, Ill. PAR. 2. Respondent is now and for several years last past has been engaged in the business of compounding, selling and distributing a medicinal preparation known and described as "Pabst Okay Special" in commerce between and among various States of the United States and in the District of Columbia. Respondent causes and has caused said product, when sold, to be transported from Chicago, Ill., to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondent maintains and at all times mentioned herein has maintained a course of trade in said preparation in commerce between and among the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of its aforesaid business, the respondent has disseminated, and has caused the dissemination of, false advertisements concerning its said product by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also disseminated, and has caused the dissemination of, false advertisements concerning its said product by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said product in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the false, misleading and deceptive statements and representations contained in said false advertisements disseminated and caused to be disseminated, as hereinabove set forth, are the following: have been used for many years WITH SATISFACTORY RESULTS by physicians as part of their treatment in For sale by (Name and address of drug store.) PAR. 4. Through the use of the representations hereinabove set forth and others similar thereto not specifically set out herein, respondent represents that the active ingredients of its said preparation have been and are used by physicians generally with satisfactory results in the treatment and cure of all infections of the urinary passage and that the use of its preparation constitutes a competent treatment for all diseases and infections of the urinary passage. PAR. 5. In truth and in fact the statements and representations of respondent hereinabove set out, and others similar thereto, are false and misleading. The active ingredients of respondent's said preparation are no longer used by physicians generally in the treatment of infections of the urinary passage and have not produced satisfactory results when used in the treatment of said infections. Respondent's preparation is not a competent treatment or cure for any diseases or infections of the urinary passage. PAR. 6. The true facts are that the principal ingredients of respondent's preparation are Balsam Copaiba, Sandalwood Oil, Sweet Spirits of Nitre, Oil of Pennyroyal, Fluid Extract of Cubebs, Fluid Extract of Juniper Berries and Fluid Extract of Uva Urisi. Many years ago some physicians used some of the ingredients of respondent's preparation in the treatment of the infection of the urinary tract known as gonorrhea. However, the use of these drugs has long since been discontinued by reputable members of the medical profession and informed medical opinion recognizes at the present time that these drugs have no therapeutic value in the treatment of any of the diseases or ailments of the urinary tract. Modern scientists have now developed various drugs which are in fact specific remedies for many of the diseases of the urinary passage, including gonorrhea. PAR. 7. Over a period of many years respondent has extensively advertised its product under the name "Pabst Okay Specific" and later under the name "Pabst Okay Special" as being a competent treatment and cure for infections and diseases of the urinary passage. Because of such widespread advertising the names "Pabst Okay Specific" and "Pabst Okay Special" have become identified in the minds of a substantial portion of the public as designating a product which constitutes a competent treatment for the cure of diseases and ailments of the urinary tract generally and particularly, gonorrhea. Findings 39 F. T. C.. PAR. 8. All of respondent's said advertisements are also false in that they fail to reveal all facts material in the light of such representations or material with respect to consequences which may result from the use of said preparation under the conditions prescribed in said advertisements or under such conditions as are customary and usual, and fail to reveal that the use of said preparation may result in serious and irreparable injury to health of the user. Users of respondent's said preparation suffering from diseases or infections of the urinary tract, including gonorrhea, may, as a result of respondent's failure to reveal essential facts, delay or forego adequate treatment for the diseases or infections from which they are suffering with the result that their conditions may be prolonged and greatly and irrevocably aggravated, and with the further result of grievous and irrevocable injury to their physical, mental and domestic well-being. PAR. 9. The use by the respondent of the foregoing false and misleading representations, and the use by the respondent of the names "Pabst Okay Specific" and "Pabst Okay Special" has had and now has the capacity and tendency to and does mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that said preparation is a competent treatment for all diseases and infections of the urinary passage including gonorrhea and to induce a portion of the purchasing public because of such erroneous and mistaken belief to purchase respondent's said preparation. PAR. 10. The aforesaid acts and practices of respondent, 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. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on November 14, 1941, issued and subsequently served its complaint in this proceeding on the respondent, Pabst Chemical Co., a corporation, under the name, style, and description of Pabst Pharmaceutical Co., Inc., a corporation, doing business under the name of Pabst Chemical Co., charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respondent's answer thereto, testimony and other evidence in support of and in opposition to the allegations of said complaint were introduced before trial examiners of the Commission theretofore duly designated by it, and said testimony and other evidence were duly recorded and filed in the office of the Commission. Thereafter this proceeding regularly came on for final hearing before the Commission upon said complaint, answer thereto, testimony and other evidence, report of Trial Examiner John P. Bramhall upon the evidence, and brief filed in support of the complaint (no brief having been filed by respondent and oral argument not having been requested); and the Commission, having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom. |