Bush, David B

Text (OCR of the scan at left; may contain errors)

IN THE MA T1'ER OF DAVID V. BUSH COMPLAINT (SYNOPSIS), FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLA'I.'ION OF SEC. II OF AN AC't OF CONGRESS APPROVED SEPT. 20, 1914 Docket, 1596. Complaint, April 19, 1929-Deoision, June 23, 1930 Where an Individual engaged in the sale of instructions for reducing which consisted in sum and substance of prescribing a diet limited to fruit juices, and the drinking of water, for a number of days, and were sold for $2.98 plus postage, under a money back promise; falsely und misleadingly and with Intent to deceive, represented and stated, in advertising and describing the method involved, that it was amazing, new and nature's method, furnishing all needed nutrition, involving no fasting or starving, external agencies, exercises or appliances, and absolutely yielding satisfactory results, regardless of .the particular individual's excess fiesh, within a few days, that customers would ·find their fat melting away like magic, weigh what they should, and become slim, buoyant and energetic, and that many persons _had formerly gladly paid $25 for said instructions; with effect of misleading those desiring to reduce into believing that be had a new, marvelous and unfailing remedy for excess weight, and with capacity and tendency to mislead and deceive persons who might otherwise have sought and obtained services, products, means, and methods of competitors, offered without such false and misleading assertions and representations in regard thereto; all to the prejudice of the public and competitors:

Held, That such practices, under the circumstances set forth, constituted unfair methods of competition, Mr. Eugene lV. Burr for the Commission.

SYNOPSIS OF COMPLAINT R.eciting its action in the public interest, pursuant to the provisions of the Federal Trade Commission Act, the Commission charged respondent individual, engaged in the sale o£ courses o£ instruction for reducing weight, and with offices in Chicago, with advertising falsely or misleadingly as to nature of product, in violation of the provisions of section 5 of such act, prohibiting the use of unfair methods of competition in interstate commerce. Respondent, as charged, engaged as above set forth, for about two years last past, in advertising his aforesaid course, which consisted, broadly, in the drinking of water and fruit juices, and otherwise abstaining from food,t made such statements as "N ATunE's METHOD 1 Respondent's Instructions, captioned "INSTRUCTIONS ON How To REnucm" sent to the customer after payment by him of respondent's charge, as set forth In th., complaint, are reproduced In the findings at p. 93.

DAVID V. BUStt 91 90 Findings oF REDUCING. • • • I want to tell yo·u all about this amazing method of reducing which I have discovered. * * · • M:y amazing new method will make your excess fat melt away like magicgive you a normal, youthful figure-make you slim, buoyant, energetic, as nature intended you to be * * * No starving-no exercising, no drugs-no external agencies-no mechanical appliances. You simply follow my instructions for a few days until your excess pounds disappear * * * Your health will improve. You will feel energetic and full of life. You will look better and feel better than you have felt in years", and other similar statements, together with a caution to the reader not to undervalue the method by reason of its low cost and simplicity.

The effect of the foregoing practices, as alleged, " is to mislead in· dividuals who desire to reduce their bodily weight into the belief that respondent has a new, marvelous and unfailing remedy for excess bodily weight, whereas this belief is ill-founded and erroneous and respondent's aforesaid advertising and offers are misleading and false, and are issued with the purpose of deceiving as large a number of the public as possible to the financial gain of respondent"; and said false and misleading assertions have the capacity and tendency to mislead and deceive persons who might otherwise seek and obtain the services, products, means and methods of competitors, of whom there are many, offering professional advice, books of information and instructions, and other means and methods for reducing, without making any such false and misleading assertions and representations as above set forth; all to the prejudice of the public and respondent's competitors. Upon the foregoing complaint, the Commission made the following REPORT, FINDINGs As TO THE FACTs, A:ND ORDER Pursuant to the provisions of an net of Congress approved September 26, 1914, the Federal Trade Commission issued and served a complaint upon the respondent charging him with unfair methods of competition in commerce in violation of the provisions of the said act. The respondent, after having entered his appearance in person and having duly filed his answer, subsequent to the setting of the matter for trial, made application for leave to withdraw his said answer and to file a substitute answer in lieu thereof. The said application was duly granted and said substitute answer was received as the answer in this proceeding. Thereby respondent availed himself of Rule III (2) of the Commission's Rules of Practice, expressly refraining from contesting the proceeding and waiving a hearing therein. Findings 14F.T.C.

Pursuant to said mentioned rule of the Commission, and being fully advised in the premises, the Commission now makes its findings as to the facts and its conclusion drawn therefrom: FINDINGS AS TO THE FACTS.

PARAGRAPH 1. That the respondent, David V. Bush, having offices in the city of Chicago, was, for a period of two years prior to the issuance of complaint herein, engaged in the business of offering, through advertising in various newspapers and magazines hadng circulation in various States of the United States, for a stated money consideration, instructions for the reduction of the bodily weight of individuals applying for his said instructions. To persons sending to the respondent the said requested money consideration, respondent during said period, sent his said instructions for weight reduction through the mails from the city·of Chicago to the places of residence of his said customers in various States in all sections of the United States.

PAR. 2. In advertising his said instructions for sale the respondent used, among other representations, the following false and misleading statements, which were declared by him to be descriptive of the treatment outlined in his instructions offered :for sale as aforesaid: NATURE'S METHOD OF REDUCING IT WORKS OR IT COSTS NOTHI:-<G I I want to tell you all about ths amazing method of reducing which I have discovered. It is simply wonderful. I am delighted with it. My friends are deli~hted with it. Everyone who hears about it becomes enthusiastic! I don't care how stout you are. I don't care how many times you have tried to reduce and failed. My amazing new method will make your excess fat melt away like magic--give you a normal, youthful figure-make you slim, buoyant, energetic, as nature Intended you to be, or the treatment won't cost you a single penny! No starving-no exercising, no drugs-no external agencies-no mechanical appliances. You simply follow my instructions for a few days until your excess pounds disappear-until the scales tell you that you weigh exactly what you should.

~'his method is so simple that anyone, even a child, can understand how it works and why it works. It is so lo;;ical, so reasonable, so sensible that the moment you hear about It you wlll know instantly that it works. SEND No 1\Ioney Merely send me your name and address. When the postman brings you my coruplete instructions "Ilow to Reduce", simply pay him the special low price of only $2.98 plus a few cents postage. If at the end of two weeks you are not completely satisfied-if you do not lose weight rapidly and easily-then simply DAVID V, BUSH 93 90 Findings tell me so and your money will be instantly refunded. You risk nothing---write to-day. David V. Bush, Dept. H.-0882, 225 N. Michigan Blvd., Chicago, Ill. Don't be led astray by the fact that these instructions are so simple. This Is nature's method of reducing and all of nature's methods are simple. The simple methods are the best methods-the surest methods-the pleasantest methods. In judging a method, the important thing is, "Does it work?" This method of reducing does '!Cork.

Above all, don't make the fatal mistake of undervaluing this method because you get it for such a small sum of money. It's difficult for you to realize now bow Immensely valuable these instructions may be to you. But you will realize It in a short time If you follow the instructions carefully. Thousands of men and women in my classes paid $25 each for this same system of reducing. When they saw what wonderful results they got-how quickly they reduced-llow much better they looked and felt-they decided that the price was cheap. I gave them my reducing instructions in lecture form. I am giving you the very same instructions In printed form at a great saving of money.

Read my Instructions over carefully. Follow them faithfully, in just a short time you wlll begin to lobe weight quicker and easier than you ever thought possible. Your figure will become normal, youthful. Your health will improve. You will feel energetic and full of life. You wlll look better and feel better than you have felt in years I PAR. 3. In consideration of the receipt of the said monetary payment required, as above described, from his customers respondent furnished to said customers certain mimeographed material containing lnstructiom on lww to reduce, the text of which is as follows: If you want to take off five to ten pounds go one, two, or three days (more if you please, uut not for too many days, because you wlll take off too much weight) without any cooked foods, meats or any other food except juices of fruits, drinking copious draughts of water-at least two quarts a day. 1\!ore would be better. By drinking fruit juices you get all of the nutrition necessary for the body; hence you are not fasting or starving. Juices of fruits contain all of the natural minerals, salts, and sugars the body needs as well as the sixteen essentials for nourishment. Hence you may drink all the fruit juices you please, such as orange juice, grapefruit juice, grape juice (not more than two small glasses a day because there is too much sugar In grape juice), elder, pineapple julce, or juices which you may make in season from berries, pears, and peaches. Do not take the syrup or juices from canned peaches, pears, or bellies because they contain too much sugar. Thus you may drink all the fruit juices you desire, with two or three quarts of water a day and it is guaranteed that you will take otf .!rom one to fifteen pounds within three to ten days. Remember you are not to eat anything aside from what is prescribed above. Also remember, you are not fasting because in the juices of fruits vou have an the nourishment the body requires. The said mimeographed material uescribed in the hereinabove paragraph and the said advertising material described in paragraph 2 hereof contain other deceptive and misleading statements. PAR. 4. The effect of respondent's methods and practices hereinabo\·e described, during the said period, was to mislead individuals 94 FEDERAL TRADE ·commission DECISIONS Order 14F.T.C.

who desire to reduce their bodily weight into the belief that respondent had a new, marvelous and unfailing remedy for excess bodily weight, whereas this belief is ill-founded and erroneous and respondent's aforesaid advertising and offers were misleading and false, and were issued with the purpose of deceiving as large a number of the public as possible to the financial gain of respondent. PAR. 5. That, to meet the demands of said many persons so seeking a safe and dependable means of ridding their bodies of excess fat or flesh, there were many competitors of respondent offering to the public professional advice, books of information and instructions, and other means and methods for. the accomplishment of such results; many of said competitors of respondent have not made any of the :false and misleading assertions and representations made by respondent, as above alleged, as to the means and methods so offered by them, or any like or equivalent false and misleading assertions and representations. That said false and.misleading assertions and representations so made and published by respondent as herein described have had the capacity and tendency to mislead and deceive persons who might otherwise have sought and obtained the services, products, means and methods of said competitors, into purchasing said instructions of respondent above described.

P .AR. 6. That the acts and practices of the respondent above alleged, were all to the prejudice of the public and of the competitors of respondent, and constitute unfair methods of competition in commerce within the intent and meaning· of section 5 of the aforesaid Federal Trade Commission Act.

CONCLUSION The acts and things done by respondent under the conditions and the circumstances described in the foregoing findings are to the injury and prejudice of the public and are unfair methods of competition in interstate commerce, and constitute a violation of the act of Congress approved September 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes"· ORDER TO CEASE .AND DESIST This proceeding having been considered by the Federal Trade Commission upon the complaint of the Commission, the substitute answer of respondent and the Commission having made its findings as to the facts, together with its conclusion that respondent has violated the provisions of an act of Congress app~·oved September 26, DAVID V. BUSH 95 00 Order 1914, entitled "An act to create a Federal Trade Commission, to define its power and duties, and for other purposes", It is now ordered, That the respondent, David V. Bush, his agents and representatives do cease and desist, in offering, selling, and transporting his course of instructions for the reduction of bodily weight in interstate commerce, from the following methods of com· petition, to wit:

From any manner representing, declaring, publishing and/or advertising with reference to his method or system for bodily weight reduction or with reference to his course of instructions therefor, in the following ways or to the following effect or any of them, to wit: That respondent's method for bodily weight reduction is nature's method of reducing, that it is amazing, wonderful or new; that it does not involve processes of starving, that the said alleged results will be obtained by customers within a few days, or that upon following respondent's said instructions his customers will find that their fat melts away like magic and that each of them weighs what he should weigh, that said customers will necessarily become slim, buoyant and energetic; that many persons in respondent's classes paid $25 each for the respondent's said instructions or course for bodily weight reduction; that the juice of fruits as recommended by respondent for use by his customers for bodily weight reduction contain all the nutrition and nourishment required by or for the body; that the person following respondent's said course is not thereby fasting or starving and/or that respondent's said course is efficacious in all cases; and that respondent shall cease and desist from making other misleading statements of the same character and meaning in regard to his said course of bodily weight reduction. It is further ordered, That the respondent, David V. Bush, shall within 30 days after the service upon him of a copy of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with the order to cease and desist hereinabove set forth.

Syllabus 14F.T. C.