Advertising promoting sale of infol':nmtion and a product

No. 161. Advertising promoting sale of infol':nmtion and a product. The Commission issued its advisory opinion concerning proposed advises aadvertising offering for s.ale for $1 a pamphlet which (1) the use of amethod ror curing athlete s foot and (2) recommends specific proprietary product for this purpose. The aclvertif:er has no financial interest in the product in question. He does not. himself propose to sell the product. The Commission stated th~t use of the proposed ach-e.rtising \\01l1c1 be violative or Sections ;) anc11:2 of the Feeleral Trade Commission ... in that it implies, contrary to fact that an cases of athlete s foot can be eliminated 01' cured by use of the advertised method and product "ithin a very short time:: and ,yith "patience and a little care." The Commission believes that the proposed advertising implies, contrary to fact, that through it some new faets as to the care and cure of athlete 1292 FEDERAL TRADE CO::\IMISSION DECISIONS foot are now 'available which have hitherto been withheld fronl the public.

Its opinion concluded with the following statement: The laws against deceptive advertising apply equally to those who are selling advice or information and to those who are selling products. In either case the test is whether the advice (or product) being offered will in fact achieve the results claimed for it in the advertising. If the advice recommends the use of a product, the efficacy of the product for the use recommended must of course also be considered.

This opinion in no way relates to the question of whether your proposal would constitute the practice of medicine 01' to the legality of your doing so.

DISSENTING OPINION

By ELUA N 0 0 17L?nis sioner He does not agree that selling advice is in the same category as selling ,a product. Recog11izing that a good deial of foolish and worthless advice is being peddled to the American people, and not merely in the field of Inedicine or health Commissioner Elman does not believe that Congre.ss intended that the Federal Trade Commission or any other government agency should set itself up as a board of review exa:nlining into the validity or worth of ideas, opinions, beliefs, and theories dissemina:ted to the public. (File No. 673 7028~ relensed Jan. 18, 1968.