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Philip Welsh, trading as the Welsh Foundation

Volume 24 · 24 F.T.C. 976

Citation
24 F.T.C. 976
Docket
2485
Complaint
1935-07-01
Decision
1937-04-09
Document type
final order
Case type
consumer protection
Statutes
FTC Act (section 5)
Industry
health book publishing
Outcome
cease and desist
Relief
cease_and_desist; compliance_reporting
Hearing examiner
lV. W. Sheppard (Trial Examiner)
Commission counsel
Edw. W. Thomerson
Respondent counsel
of Milwaukee, Wis
Source
Original volume PDF
Original PDF
This decision as a PDF

deceptive advertisinghealth claims

Cite this decision

Philip Welsh, trading as the Welsh Foundation, 24 F.T.C. 976 (1937). Consumer Law Library, https://consumerlawlibrary.org/decisions/v024-0094

Report an error in this record (decision id v024-0094)

Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

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

IN THE MATTER OF PHILIP WELSH, TRADING AS THE WELSH FOUNDATION COMPLAINT, FINDINGS, AND ORDER IN REGAitD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 2485. Complai-nt, July 1, 1935-Deciswn, Apr. 9, 1937 Where an individual engaged in the publication, sale and distribution in Inter· state commerce of books and booklets known as and sold under the name ''The 7 Essentials of llealth,"· to· wit; as designated and dealt with by him in the seven booklets, in which be detailed his theories and ideas as to correct mode of living, with respect to the subject matter of the different pamphlets, fresh air, natural foods, water, sunshine, exercise, and occupa· tion, rest and mental attitude; and in substantial competition with others engaged in sale and distribution in commerce among the various States of books, booklets, pamphlets, magazines, and other publications dealing with problems of health and hygiene and other related subjects, and who do not in any manner misrepresent the benefits to be obtained from following the mode of living or rules of health and hygiene or treatments therein set forth; in advertising his said publication in magazines circulated through· out the States, and through circulars, dodgers, leaflets, pamphlets, form letters, and other printed matter distributed among prospective purchasers by mail and through other means- (a) Represented that the following and using of the theories, ideas, rules, directions, and instructions announced and stated in his said publication would prevent and cure all bodily ailments and diseases and cure or be beneficial In the treatment of a large number of specified ailments, dis· eases, and conditions, including, among many others, anemia, arthritis, high blood pressure, kidney trouble, low blood pressure, rheumatism, sexual disorders, and women's ailments, and that following instructions in said publication would "make the blood so pure and the ensure digestive tract and <'olon so cl£•an that disease CANNOT maintain hold in the body • • *," and result in the body itself becoming immune thereto, and would enable one to "get at and strengthen all the internal organs, revitalize them and bring them back to normal function," and to learn a simple, inexpensive, practical, and entirely natural way to attain unusual health; and (b) Represented that all sickness Is caused by overlooking one of the essentials named In said publication, and that following mode of living outlined therein is simplest and most effective way of dealing with health problems. and that health cannot be restored by cutting out parts of the body, and that adoption of his said teachings, as stated in publication in question. will cause disease and premature death to disappear from the earth; Facts being that the following and using of the theories, ideas, rules, directions and Instructions of said individual, as stated in publication in question, in regard to health, hygiene, mode o! living, and related matters therein referred to, will not prevent and cure all bodily ailments and diseases re· gardless of their cause, origin and nature, or cure or be of any substantial benefit in the treatment of the ailments, diseases, and conditions for which THE WELSH FOUNDATION 977 W6 Complaint such publication is represented as of value by said individual, as herein· before set forth, all sickness is not caused by overlooking one Qf the seven "essentials!' of health indicated in such publication, following mode of living outlined therein is not simplest and most effective way of dealing with health problems,- and aforesaid various representations, as hereinbefore set forth, were otherwise false, and representations and implications thereof, in connection with offer and sale of publication in question, were grossly exaggerated, false, an<,I misleading; With effect of misleading and deceiving many persons and causing.; them errone· ously to believe that the purchase of said publication and following and use of the theories, ideas, rules, directions, and instructions of said indi· vidual, as therein set forth, would prevent and cure all bodily aliments and diseases regardless of their cause, origin, or nature, and cure or be beneficial in the treatment of those set out, that all sickness wa'3 caused by overlooking one of the essentials indicated, and that the various other statements, representations and implications hereinbefore set forth were true, and of causing many persons, because of such erroneous beliefs, to purchase publication in question, and thereby unlawfully, unfairly and substantially divert trade to said Individual from his competitors in in· terstate commerce who do not misrepresent-their products; to their injury and that of the publlc:

Held, That such acts and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. Before Mr. lV. W. Sheppard, trial examiner. Mr. Edw. W. Thomerson for the Commission.

Mr. Martin E. Geibel, of Los Angeles, Calif. and Rowan & Tesch, of Milwaukee, Wis., for respondent.

Complaint Pursuant to the provisions of an 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," the Federal Trade Commission, having reason to believe that Philip 'Welsh, doing business under the name and style of The Welsh Foundation, has been and is using unfair methods of competition in -commerce, as "commerce" is defined in said act, and it appearing to said 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. That said respondent, Philip 'Velsh, doing business under the name and style of The 'Welsh Foundation, is now and has been engaged for more than five years last past in the sale and distribution of certain booklets known and described as "The 7 Essentials o~ Health." Said respondent, in conducting his said business, has h1s office and principal place of business at Pacific Palisades, in the State of California. Respondent, in the course and conduct of his 978 FEDERAL TRADE COl\11\IISSION DECISIONS Complaint 24F.T.C.

said business, causes his saiu booklets, when soltl by him, to be transported in interstate commerce from his said place of business in California to, into anu through States of the United States, other than California, to various and numerous prrsons in sul"h other ShltPs to whom they are or have been sold.

PAR. 2. That, during the time above mentioned, otller intlividuals,. firms, and corporations in various States of the United ~states, are and have been engaged in tlw sale and distribution in interstate commerce of books and pamphlets on health and subjects connected therewith, and such other individt1als, firms, and corporations have caused, nnd do now cause their said books and pamphlets, when sold by them, to be transported from various States of the United States tor into and through States other than the origin of the shipment thereof. Said respondent has been, during the aforesaid time, in competition in interstate commerce in the sale of his said booklets with such other individuals, firms, and corporations. PAR. 3. That respondent in his advertisements inserted in magazines and other publications circulated between and among various States of the United States and distributed to the general public in such States, and in his advertising literature circulated between and among the various Staters of the United States and distributed to members of the public therein, makes various and sundry statements in regard to his said booklets anu the theories advanced and. the· dir:'('tions aml instructions contained therein which are inaccurate, misleading, and exaggPraterl. ~\among l-inch statements are the following:

Do yon know thu t If yon o\"Pl"look the "7 Es;;eutla\s" you cannot !lave lastiJig. health? It you nrP not Pnjnylng your f;hll re of lwaltb it Is a sure r;ign thn t you are overlooking one or mo1·e of thp fuiJ(lamen1al requh·pmenhl of health. • • • the slmplt>st and mort PffP<·tive way ot dealing with your problems. There Is only one way to attain Internal cleanliness and that Is Nature"s wuy-that way involves thp application of the "7 Essentials of Ilealth." IIPalth cannot be gotten by cutting out parts ot the- body. These "7 Essentials" make the blood !;() xmre and the eutit•e ·tlfgt•stlve trnd and colon so clean that diSPIHle CANNOT maintain hohl in the body. The body at on<'e becomes Illll\IUNE TO DISEASE and any di~nst>ll matter present Is thrown out through various channels ot ellmlna ton. It you are sick, rundown oud alllng, it is becnnse you ha,·e vlolah•d Nature's Laws-you have ove-rlool•ed the ''7 E,asentials of Health." The 7 Essentials ot Health Is a pruetlcal slmplifl<'d program of living that leaves no room tor disease ln the body.

It strikes at all the causes ot lll health. It shows you how to get at and strengthen all the late~'nri organfl, revita!l:r.e th(>m and bring them back to normal functions. THE \\'EL:,iH FOUNDATIO?' 979 976 Complaint The bu,.;ic knowledge c·contained in these "i Essentials" will help yon turn ~>iekness into health. • • • PAR. 4. That respondent, in his advertising matter, circulated as aforesaid, makes many statements which represent or imply that the following of the instructions as to mode of living contained in his said booklets will prevent or cure all bodily ailments and diseases, regardless of their cause, origin or nature. Such representations are also made by respondent by means of reproducing testimonial letters flom users of his system. Among such representations are the following:

Therp is a uatnral way to overcome your ailment. Thru the printP!l works on "The 7 Essentials of Health", thousands of health RPCkPrs have learnf'll a simple, Inexpensive, prllctical ann entirely Natural way to nttaln unusual health.

It ~·on nre lntprested In this npw plan, mail the coupon below ... it mny sa,·e ~·on maJJY years of needless suffering. Patients whose entire health had been restored sent tlwir friends to Dr. \Velsh iu incrPUI'Iug numbers-NOT for dental work alone bnt for stomach ailments, 1Wnous and gland disorders, blood dh.;orders, eye, nosc, throat and lung disense,.;, constipat-ion, rheumatism, diabetes anu EVERY KNOWN DISEASE OF Tile IIUl\IAN BODY.

If muuldnd would adopt your tPnchlngs, 11isease uud premature dPnth would di~nppenr from the earth.

You will lrarn how to combat sickness without urugs and ~>urgt•ry. You will lt>arn how to l'('Vltnllze every part of th~> body. • • • I had the set•v!ees of the mo~t renowned doctors In the profes><ion, hut they could not r~>lieve me of my ehronic and stnhhorn ailment~. I l'Pally hPI!evell my ease was hopeless. A friend of mine induced me to send for your course. l\Iy condition improved as soon ns I started 011 your course and now I fepl hetter than I ever felt In my life. l\ly family nut! ft•ipnlls suy you have Performed a miracle.

• • • among cases which have been brought hoek to health after they \\·pre pronounced "hopeless".

Although I have adopted your course only one week, I have alrpady felt definite improvement In my TUBERCULAR condition • • •. Among the diseases and ailments which can be cureJ by respond- ~nt's methods, as represented by the means aforesaid, are the follow- Ing: Constipation, tooth decay, <;hronic catarrh, sinus trouble, colds, Weak lungs, pneumonia, prostate enlargement, kidney disorders, liver disorders, stomach disorders, decay of the body, poor eyesight and diseases of the eye, falling hair and baldness, 1wrvous troubles, gland disorders, blood. diseases, rheumatism, diabetes, tuberculosis, diseases of the 11ose and throat, ulcer of the leg, headaches, abscesses of the breast, sagging of the abdominal organs, pyorrhea, burning pains in the feet, heartburn, cancer, Bright's disease, arthritis, backaches, ear disorders, disturbed sleep, intestinal gas, bad breath, piles, colitis, Complaint 24F.T.C.

high blood pressure, pains in the limbs, insomnia, skin disease, fits, bronchitis, and despondency.

PAR. 5. That, in truth and in fact, the instructions as to mode of life contained in respondent's booklets are not such as to prevent or cure all or most human ailments and diseases. Many diseases, includ· ing most of those named in the preceding paragraph herein, cannot be so prevented or cured. There are many diseases, including some of those named by respondent, that cannot be appreciably helped by respondent's methods or cannot be helped at all thereby. Many dis· eases cannot be successfully treated without medication or surgery or both. His instructions and methods do not constitute a panacea. Following his methods will not assure health or absence of disease. The directions as to living given by respondent do not embrace all the rules of living which contribute to good health and a sound body nor are they unique in that others do not know of them or have not advocated the use of one or more or all of them. Many of his instructions, as for instance those advocating fresh air, sunlight and exercise in the open air, are mere repetitions of facts of common knowledge.

PAR. 6. That the representations of respondent, as aforesaid, have had and do have the tendency and capacity to confuse, mislead and deceive members of the public into the belief that respondent's book· lets contain instructions and secrets of life and mode of living that will prevent and cure all diseases and ailments of the human body and especially those that are named in his advertising literature as hereinbefore stated; that good health cannot be achieved without following all of his rules and methods of life as outlined in his book· lets; that all medical and surgical methods of treating disease can be eliminated and dispensed with as a result of following respondent's methods and that everyone following his directions can attain perfect health and be free of disease thereby, when, in truth and in fact, such are not the facts. That said representations of respondent have had and do have the tendency and capacity to induce members of the public to answer respondent's advertisements and to buy his said booklets because of the erroneous beliefs engendered, as above set forth, and to divert trade to respondent from competitors engaged in the sale in interstate commerce of books, pamphlets and courses of instruction on healthful living, diet, exercise and other methods of promoting good health and sound bodies.

PAn. 7. The above acts and things done by respondent are all to the injury and prejudice of the public and the competitors of respon· dent in interstate commerce within the intent and meaning of Section 5 of an Act of Congress entitled "An Act to create a Federal Trade THE WELSH :FOUNDATION 981 976 Findings Commission·, to define its powers and duties, and for other purposes," approved September 26, 1914.

Report, FINDINGS AS TO THE Facts, AND ORDER Pursuant to the provisions of an 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," the Federal Trade Commission on July 1, 1935, issued, and on July 6, 1935, served, its complaint in this proceeding upon the respondent Philip Welsh, charging him with the use of unfair methods of competition 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 the allegations of said complaint were introduced by Edw. W. Thomerson, attorney for the Commission, before 1V. ,V, Sheppard, an examiner of the Commission theretofore duly designated by it, and in opposition to the allegations of the complaint by Martin E. Geibel, attorney for the respondent; and said testimony and evidence were duly recorded and filed in the office of the Commission. Thereafter, the proceedings regularly came on for final hearing before the Commission on the said complaint, the answer thereto, testimony and other evidence, and briefs in support of the complaint and in opposition thereto; and the Commission having duly considered the same, and being now !ully advised in the premises, finds that this proceeding is in the ~nterest of the public, and makes this its findings as to the facts and Its conclusion drawn therefrom.

FINDINGS AS TO Tile FACTS • PARAGHAI'II 1. The respondent, Philip 'Velsh, is in individual trad- Ing under the name and style of The 'Velsh Foundation, with a place of business in the city of Pacific Palisades, in the State of California. ~respondent is now, and for the past several years has been, engaged lD the business of publishing, and selling and distributing in interstate commerce books and booklets known as, and sold under the name, "The 7 Essentials of Health." Respondent sells said books and booklets to purchasers located in many of the States of the lJnited States other than the State of California, and in the District of Columbia, and when such sales are made, causes said books and ~oo~Iets to be transported from his place of business in Pacific ahsades, Calif., to the purchasers thereof. t .PAR. 2. Other individuals, firlllil, and corporations sell and disribute in commerce among and between the various States of the FEDERAL TRADE COl\Cl\fiSSION DECISIONS982 Findings 24 F. T. C. United States books, booklets, pamphlets, magazines, and other pub· lications dealing with the problems of health, hygiene, and subjects connected therewith and do not in any manner misrepresent the benefits to be obtained from following the mode of living, or rules of health and hygiene, or the treatments therein set forth. Respondent is now, and for the past several years has been, in sub· stantial competition in such commerce, with such other individuals, firms and corporations, in selling and distributing said books and booklets.

PAR. 3. Prior to the year 1934 the publication "The 7 Essentials of Health" was in one volume and sold as one book, but since that year has been divided into seven booklets or pamphlets, each one of which covers what is designated by the respondent as one of the "essentials" of health, and is described as Lesson No. 1, 2, etc. These seven booklets are sold as a unit and now sell for the sum of $5.00. Tile respondent formerly sold "The 1 Essentials of Health" for the sum of $25.00.

The ''seven essentials" are designated by the respondent as follows, and each of the seven booklets deals with one of these subjects: 1. Fresh Air, 2. Nat ural Foods, 3. ·water, 4. Sunshine, 5. Exercise and Occupation, 6. Rest, 7. Mental Attitude.

In each of the booklets the respondent states in dt.>tail his theories and ideas as to the mod~ of living which should be pursued with regard to the subject matter of the particular pamphlet, The pulll· phlets in general deal with mental and physical hygiene. PAR. 4. Respondent advertises said publication in magazines cir· culated throughout the United States, and through circulars, dodgers, leaflets, pamphlets, form letters, and other printed matter dis· tributed among prospective pmchnsers by mail and through other means.

In said advertising matter so used by the respondent during~ the five years last past, the respbndent makes many statements and elain19 as to the benefits a purchaser will obtain from purchasing said pub· lication and followin~ the theories, icleas, rules, clirt>etions, rrnd iniltructions therein co11tained.

Among~ and typical of the statements an representations used and circulated by the respondent in st'lling said publication nre the fol· lowing:

THE WELSH FOUNDATION 983 976 Findings Do you know that if you overlook the "7 Essentials" you cannot llave lasting health? If you are not enjoying your share of health it is a sure sign that you are overlooking one or more of t11e fundamental requir£>ments of health. There is only one wny to attain internal cleanliness and that Is Nature's Wily-that way involve>! the application of the "7 Essentials of Health." IIealth cannot be gotten by cutting out parts of the body. These "7 Essentials" make the blood so pure and the entire digestive tract :Ond colon so clean that disease CANNOT maintain hold in the body. The body .nt once brrome~ 11\IMUNE TO DISI<iASE and any disPused mutter present is thrown out through various channels of elimination. If you are sick, rundown, and alling, it is because you have violated Nature's Laws-you have overlooked the "7 Essentials of Health." The "7 Essentials of Health" is a practical simvlifled program of living that leaves no room for (lisrase In the body.

It strikes at all the <·auses of ill health. It.shows you how to get at and strengtllf'n all the internal organs, revitalize them and bring them back to normal function. The basic knowledge contained in these "7 E,;sentials" will help you turn "Sickness into health • • •.

There fs a· natural way to overcome your aliment. Thru the pt·lated works on "The 7 Essf'ntlals of lleulth," thousands of health seekers have learned a simple, incxpPnsive, practical and entirely Natural way to attain unusual health.

If you are Interested in thh; new plan, mail the coupon below • • • It lllay save you many ye11r8 of needless suffering. I'atlents whoRe eutfre health bad bern restored sent their friends to Dr. Welsh in hterPa~lng numhers-NO'f for de;ital work alone but for stomach aillllents, nervous and gland disorders, blood disorders, eye, nose, throat, and lung ditsf'ases, con~o;tlpatlon, rheumatism, dlahet<'s and EVERY KNOWN DISE.\SFJ OF THE IIU:\IAN DODY.

It manklnu woulll ndopt your t<'athlng!', tll>iPilse and premature death would disappear from the earth.

Yon will learn how to (•omlmt skku<'!'S without drugs uud !<nrgcry. You will learn how to revitalize every port of the body. • • • among cases which have been brought back to health after they were pronouncell "hopeless".

Although I banl' adopted your <"OlJrse only one week, I have already felt 1let1 · nlte improv<'mmt lu my 'fUDERCULAR condition • • •. In a bookl~t so used and circulated by the respondent appears the following statement:

You Will learn the TRULY NATURAL WAY to treat the following ailments: Adenoids Constipation Ague (chills anti fL'wr) Cancer Anelllia Colds .Arthritis Colitis Asthma Catarrh :lood disorders Diarrhoea ronchltis Ear disorders ht·f,.,.} t' "' l s disease Eczema Findings 24F.T. 0:- Eye disorders Nervousness Female discharges Overweight Foot troubles Pneumonia Gall stones Pyorrhea Halitoses Piles Hay fever Rheumatism Headaches Senility Hemorrhoids Sexual disorders High blood pressure Sinus trouble Indigestion Skin diseases Influenza Tonsilitis Insomnia Tooth decay Kidney trouble Tuberculosis Leucorrhea Tumor Low blood pressure Ulcers of stomach Malaria Ulcers of intestines Masturbation Underweight Mastoids Varicose veins Neuralgia Venereal diseases Neuritis Yellow jaundice Many other statements and representations of similar import and· meaning are used and circulated by the respondent as aforesaid. PAn. 5. In the course and conduct of his business, by the means and in the manner above set out, the respondent represents and impliesthat the following and using of the theories, ideas, rules, directions, and instructions announced in said publication "The 7 Essentials of" Health" will prevent and cure all bodily ailments and diseases, re· garuless of their cause, origin, and nature; and will cure, or are beneficial in the treatment of the following ailments, diseases, and conditions: adenoids, ague (chills and fever), anemia, arthritis, asthma, blood disorders, bronchitis, Bright's disease, constipation,. cancer, colds, colitis, catarrh, diarrhoea, ear disorders, eczema, eye disorders, female discharges, foot troubles, gall stones, halitosis, hay fever, headaches, hemorrhoids, high blood pressure, indigestion, in· fluenza, insomnia, kidney trouble, leucorrhea, low blood pressure,. malaria, masturbation, mastoids, neuralgia, neuritis, , nervousness. overweight, pneumonia, pyorrhea, piles, rheumatism, senility, sexual disorders, sinus trouble, skin disease, tonsilitis, tooth decay, tubercu· losis, tumor, ulcers of stomach, ulcers of intestines, underwe.ightr varicose veins, venereal diseases, yellow jaundice. Respondent also represents:

1. That all sickness is caused by overlooking one of the seven "es· sentials:' of health indicated in the respondent's publication; 2. That following the mode of living stated in the publication is the simplest and most effective way of dealing with health prob· lems;

THE WELSH FOUNDATION 985 '976 Findings 3. That health cannot be restored by "cutting out parts of the .body";

4. That following the instructions given in said publication will ~'make the blood so pure and the digestive tract and colon so clean that disease cannot maintain a hold in the body" and renders one immune to disease and strikes out the cause of all ill health; 5. That following said instructions will enable one to get at and strengthen all the internal organs, revitalize them and bring them back to normal functions and will help turn sickness into health .and enable one to learn a simple, inexpensive, practical and en.tirely natural way to attain unusual health;

6. That if respondent's teachings were adopted disease and premature death would disappear from the earth. PAn. 6. The following and using of the theories, ideas, rules, directions and instructions of the respondent as stated in said publication "The 1 Essentials of Health," in regard to health, hygiene, mode of living, and the related matters therein referred to, will not prevent and cure all bodily ailments and diseases, regardless of their cause, origin, and nature, and will not cure, nor be of any substantial benefit in the treatment of the ailments, diseases, and conditions for which the respondent represents that it is of value, as hereinabove stated.

All oickness is not· caused by overlooking one of the seven "e·ssentials" of health indicated in the respondent's publication; following the mode of living stated in the publication is not the simplest and most effective way of dealing with health problems; health can be restored, in many instances, by cutting out parts of the body; following the instructions given i.n said publication will not make the blood so pure and the digestive tract and colon so clean that disease cannot maintain a hold in the body, and will not render one immune to disease or strike out the cause of all ill health; following said instructions will not enable one to get at and strengthen aU the internal organs or revitalize them or bring them back to normal functions and will not help turn sickness into health nor will it enable one to learn a simple, inexpensive, practical, and entirely natural way to attain unusual health; and the adoption of the re- ~pondent's teachings would not cause disease and premature death to disappear from the earth.

The representations and implications used by the respondent in c?nnection with the offering for sale and selling of said publicabon "The 7 Essentials of Health," as hereinabove set out, are grossly exaggerated, false, and misleading, and have the tendency and capacity to, and do, mislead and deceive many persons and 986 FEDERAL TRADE COMl\IISSION DECISIONS Order .. 24F.T.C.

cause them erroneously to believe that the purchase of said publication, and the following and using of the theories, ideas, rules, directions, and instructions of the respondent, as stated in said publication, will prevent and cure all bodily ailments and diseases, regardless of their cause, origin, and nature, and will cure or be bendicial in the treatment of the ailments, diseases, and conditions hereinabove set out; and. that all sickness is caused by overlooking one of the "essentials" indicated. in the respondent's publication; that the "mode of living" stated in the publication is the simplest and most effective way of dealing with health problems; that health cannot be restored by cutting out parts of the body; that following the instructions in said publication will make the blood so pure, the digestive tract and. colon so clean that disease cannot maintain a hold in the bod.y, and renders one immune to disease and strikes out the cause of all ill health; that following said instructions will enable one to get at and strengthen all the internal organs, revitalize tl1.em and bring them back to normal func-· tions, and will help turn sickness into health and enable one to learn a simple, inexpensive, practical, and entirely natural way to attain unusual health; and that the adoption of the respondent's teachings will cause d.ist•ases and premature death to disappear from the earth.

Said representations and implications so used by the respondent as aforesaid cause many such persons, because of such erroneous belief, to purchase said publication "The 7 Essentials of Health," thereby unlawfully, unfairly, and substantially d.iverting trade to the respondent from his competitors in interstate commerce who uo not misrPprPs<'nt their prod.ucts, to their injury and to the injury of the public.

CONCLUISION The aforesaid acts u.nd practices of the respund.ent, Philip Welsh, are to the prejudice of the public and of respondent's competitors, and constitute unfair methods of competition in commerce within the intent and meaning of SPction 5 of an Act of Congress, appro>ell September 26, 1914, entitl<'d "An Act to create a Federal Trade Commission, to define its powers and. <lutiPs, and for other purposes." ORDER TO CEASE AND DESIST This proceeding having been heard. by the Federal 'frad.e Conunission upon the complaint of the Commission, the answer of the respondent, testimony and evidence taken before ,Y. ,V. Sheppard, an THE WELSH FOUNDATION 987 1Jj6 Order examiner of the Commission theretofore duly designated by it, in support of the alleg~ttions of said complaint and in opposition thereto, briefs filed herein by Edw. W. Thomerson, counsel for the Commission, and by Martin E. Geibel, counsel for respondent, and the Commission having made its findings as to the facts and its conclusion that said respondent has violated the provisions of an Act of Congress, approved September 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its ptm~rs and duties, and for other purposes."

It is ordered, That the respondent, Philip \Velsh, his representatives, agents, and employees in connection with the offering for sale, sale, and distribution in interstate commerce of the publication now known as, and sold under the name, "The 7 Essentials of Health," or in connection with the offering for sale, sale, and tlistribution in interstate commPI·ee of any publication regarding the same or similar subject matters, and containing the same or similar text, and announcing and stating the theories, ideas, rules, directions, and instructions found in the publication now known as, and sold under the name, "The 7 Essentials of Health," do forthwith cease and desist from representing, directly or by implication: 1. That the following and using of the theories, ideas, rules, directions, and instructions announced and stated in said publication will Prevent and cure all bodily ailments and diseases, and will cure or be beneficial in the treatment of the following ailments, diseases, and conditions: adenoids, ague (chills and fever), anel~1ia, arthritis, asthma, blood disorders, bronchitis, Bright's disease, constipation, cancer, colds, colitis, catarrh, diarrhoea, ear disorders, eczema, eyP disorders, female diseharges, foot troubles, ga II stones, halitosis, hay fever, headaches, hl:'morrhoids, high blood pressure, indigestion, influenza, insomnia, kidney trouble, leucorrhea, low blood pressure, lllalaria, masturbation, mastoids, neuralgia, neuritis, nervousness, overweight, pneumonia, pyorrhea, piles, rheumatism, senility, sexual disorders, sinus trouble, skin diseases, tonsilitis, tooth decay, tuber- <'ulosis, tumor, ulcers of stomach, ulcers of intestines, underweight, Varicose veins, venereal diseases, and yellow jaundice; . 2. That all sickness is caused by overlooking one of the "essentials" named in said publication;

. 3. That following the mode of living outlined in said publication 18 the simplest and most effective way of dealing with health Problems;

4. That lwalth cannot be restored by "cutting out parts of the ho<]y";

988 l'EDERAL TRADE COMMISSION DECISIONS Order 24F. T. C.

5. That following the instructions in said publication will "make the blood so pure and the digestive tract and colon so clean that dis· ease cannot maintain a hold in the body", and the body itself be· comes immune to disease;

6. That following said instructions will enable one to "get at and strengthen all internal organs, revitalize them and bring them back to normal functions", and will enable one to learn a simple, inex- ,pensive, practical a11d entirely natural way to attain unusual health; 7. That the adoption of respondent's teachings, as stated in said publication, will cause disease and premature death to disappear' from the earth.

It is further O'rdered, That the respondent shall, within 60 days after service upon him 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 this order.

CHAMPION CO. 989 Syllabus

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