Sunlife Ciilorophyllian Laboratories, LTD

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IN THE MATIER OF C. C. MILLER ET AL., TRADING AS SUNLIFE CHLORO- PHYLLIAN LABORATORIES, LTD.

COMPLAINT, I<'INDINGS, AND ORDER IN REGARD '£0 THE ALI.EGED VIOLA TJO~ OF SEC. 15 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Dor·kct 2753. Complaint, Mar. 31, 1936-Dcci.~ion, May 1, .193"/' Where partners engaged in advertising, selling, and distributing a preparati011 for extemal application, known and designated us "Snnlife Chloropbyllia!l Oil"; in advertising same in circulars, published and distributed throughout the United States. and in radio broadcasts und othet• forms of advertl,:iug media- (a) Represented that said preparation would cure aud was a competent aud effective treatment for the relief of net·vous irritation, muscular rheumntism, lumbago, gouty conditions, swollen and painful joints, cramped Umi>5• swollen and aching feet, coughs and colds, sleeplessness, "growing" paiU5• sprains, cuts, hruiseA, burns, and arthritis; and (b) Represented, as aforesaid null through use of word "Sunlif<'" in thl'it' said trade name, that said product contained b<'uefidal t·leuwuts of tile natural rays of the iiitlll, aud tllllt use thereof would bring beneficial effect=' of sunshine to the users, thmngh statements or representations that actire element in preparation in qu<'fltion was chlorophyll, and that said substance was literally stored-up sunshine captured by science and brought to tbe user, and that users of said preparation would receive same beuetkill1 effects us would be received from exposure to the nuturnl rnys of the sun; Facts being function of pigment chlorOllhl·ll, found in plant life, Is limited to such life and has no true effect on or therapeutic value to the human bo~Y and, applied to the skin, is not absorbed, preparation in question Is not 11 competent or adequate treatment for various ailments and conditions ai>O'·e set forth, and does not relieve so-called "growing" pains in children or other conditions in question, and use that·eof does 110t bring sunshine to affected parts of the bouy nor give the user the beneficial effects of sunshine;

With tendency anu capacity to confu,;e, mi~leud, uud dt'ceive nwmbers (,f the purchasing public into the erroneous and mistaken belief that afot·e,wid preparation ot· oil contained natuml sunshine, and that users thereof would receive benefits flowing from the use of natural sunshine, and that it was a competent and adequate treatment for muscular rheumatism, lumbfigo. gouty conditions, and the other alllietions and ailments set forth, and that users thereof would receh·e same beueficlnl effects as those received frolll expo!lure to natural sunshine, and of thereby, and through use of word "Snnlife" in trade name featured a~ aho,-e set forth, inducing m<>mber~ o! hnying public to purchase said preparation for use because of the erroneous beliefs thus Pngendered, and of unfairly diverting trade to them frolll compl•titors engaged in the sale and distribution of similar preparations 111 comnwrce among and between thc various States, without in any wise misr·epresentlng the therapeutic value of their said respective products; to the ~<nhi:tnntlal Injury ot competition In commerce: SUNLIFE CHLOROPHYLLIAN LABORATORIES, LTD. 1183 1182 Complaint lield, That such nets and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. Before J.fr. Charles P. Vicini and Mr. Robert S. Hall, trial examiners.

Mr-. P. 0. Kolinski and Mr. Astor llogg for the Commission. Jf? .. Sanford W. Hornwood, of Los Angeles, Calif., for respondents. Complaint Pursuant to the provisions of an Act of Congress, approved Septe~ber 26, 1914, entitled "An Act to create a Federal Trade Comlnission, to define its powers and duties, and for other purposes," the Federal Trade Commission having reason to believe that C. C. Miller, \V. B. Mather, W. M. Louisson, D. A. Lester, L. D. l\Iarr, H. M. Young, partners, trading as Sunlife Chlorophy llian Laboratories, Ltd., hereinafter referred to as respondents, have been and now are Using unfair methods of competition in commerce, as "commerce" is defined in said act, and it appearing to the Commission that a pro- Ceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stati!lg its charges m that respect, as follows:

PARAGUAPH 1. Respondents, C. C. Miller, W. B. Mather, W. l\1. ~uisson, D. A. Lester, L. D. Marr, H. l\1. Young, are partners tradlllg and doing business in the name of Sunlife Chlorophyllian Laboratories, Ltd., with their principal office and place of business located at 2702 South Hill Street, Los Angeles, Calif. They are now, antl for more than one year last past have been, engaged in advertising, selling, and distributing a preparation recommended for various ailments of the human body and designated "Sunlife Chlorophyllhtn Oil," and now cause, and for more than one year last past have caused, their said preparation, when sold by them, to be shipped from their place of business in Los Angeles, Calif., to the purchasers . th!'reof, some located in the State of Califomia and others located in ''nrious other States of the United States and in the District of Coltnnbia, and there is now, and has bren for more than one year last l)nst, a constant current of trade in commerce in said preparation Sold Ly the resp·ondents between and among the various States of the United States and in the District of Columbia. Itespondents are now, and for more than one year last past ha\'e been, in substantial competition with other partnerships and with l)et·sons, firms, and corporations engaged in the sale of like oils and Other similar preparations between and among the Yarions States of the United States and in the District of Columbia. Complaint 24 F.T. 0. PAR. 2. In the course and conduct of their business, as described in paragraph 1 hereof, respondents adopted as and for their trade name for their preparation the words "Sunlife Chlorophyllian Laboratories, Ltd." and caused said trade name to appear prominently displayed in their advertisements and advertising matter, including circulars, folders, and letterheads, and to be distributed throughout the various States of the United States.

PAR. 3. In the course and conduct of their business, as described in paragraph 1 hereof, in soliciting the sale of and selling said prepara· lion "Sunlife Chlorophyllian Oil," respondents now represent, and lor more than one year last past have represented, in and by radio broadcasts, advertisements having an interstate circulation, letters, 1·a mphlets, and other forms of advertising media, as follows: (a) Rub away the pain-Scientists say: "Muscular pains, aching discoro· forts are caused by congestion. When this congestion is broken up by surging blood, the pain disappears". Rub SUNLIFE CHLOROPHYLLIAN OIL lntc> those muscles and joints. Feel the tingling surge of blood. SUNLIFE CHLO- ROPHYLLIAN OIL'S active element is chlorophyll which is a scientific nuroe for the "green substance of living plants". It can be called "captured sunlight". The value of chlorophyll is recognized and recommended. (b) SUNLIFE CIILOROPHYLLIAN OIL is recommended for n('rvous irritation, muscular rheumatism, lumbago, gouty conditions, swollen and painful joints, cramped limbs, swollen and aching feet, simple coughs and colds, insomnia or sleeplessness.

(c) Every mother will appreciate it for the children, as It relieves the so· called "growing pains" and many minor injuries, such as SPitAINS, CUTS, BRUISES AND BURNS.

(d) Particularly soothing to the nerve tissues, producing a blood stimulation (e) CHLOROPHYLL is literally stored-up sunshine, captured by science and brought to Yon.

(f) • • • to any of you who are suffering from muscular rheumutl~w. sciatica, lumbago, gouty conditions, cramped or swolleu limbs, or t>tiff, achiug joints * * * I w11nt to tell You about SUNLIFID CHLOROJ'HYLLIAN PENETRATING OIL • • • It has brought relief to many people(' who suf· · fered with those ailments.

I g I You have all seen a dog or cut, when they are hurt or Ill, seek out 11 sunny spot and curl up there and just seem to soak up the sun<>hlne. • • • You may have tried it yourself, letting the healing rays of the sun shine on yon when you have a stiff neck, aching shoulder, etc. Something like this same result may be PXJlC'Cted from the use of SUNLIFE CIILOROPIIYLLIAN OIL. (h) It is ~nothing to the nerves and ~>timulating to the blood flow, and seems to relleve ner>ous tcn~lon.

( i) A man • • • lwd t>uffert>d from arthritis In his feet for a long Uroe so badly that he could hardly walk. He had spent several months in one of the highest priced hos]Jituls in this country but without gaining relief for his feet. lie took two bottlt>s of SUNLIFE with him when he went back to Iowa, and we had a letter from him in which he told us that he had used one bottle and was stnrted on the S<>cond bottle and there was very little soreness left lu his feet and he was greatly relieved.

SUNLIFE CHLOROPHYLLIAN LABORATORIES, LTD. 118;j 1182 Complaint {J) The s• iPIItifif' m·w diseovrry-SUNLIFE CHLOROPHYLLIAN PENE- TRATING OIL.

All of said repre~:;elltations and statements, together with other statements not herein detailed, purport to Le descriptive of respondents' preparation and of the beneficial results that may reasonably be expected to be obtained by the user of said preparation. PAn. 4. For a good many years a substantial portion of the purchasing public has been led to believe, and does believe, that exposure of the human body to the natural sunshine products beneficial results in the treatment of diseases, conditions and ailments of the i:ikin, muscles, bones, and joints, and other parts of the human body. Chlorophyll is produced by the aid of sunlight, hut it is not absorbed through the skin, and its application to the skin has no effect upon rheumatic conditions, gouty conditions, &ciatirn, lumbago, cramped or swollen limbs, joints, or other parts of tl.e human anatomy. Chlorophyll does not possess the same bendicwl ingredients as sunlight and its use does lla. produce the same l•eneficial effects as sunlight.

PAn. 5. The use of the word "Sunlife'' in respondents' trade name is false and misleading and deceptive to the purchasing public, in that purchasers are led to helieye that respondents sell and distribute a pr('paration into which has been incorporated certalll beneficial el('ments contained in the natural rays of the sun, ant! that the use of said preparation in the treatment of certain diseases and ailments will have the same beneficial effects in the treatment tbPreof as actual t•xposure of the human body to the natural rays of the sun, and causes tlwm to purchase respondents' preparation in said mistaken and uroneous belief.

PAR. 6. In truth and in fact the represent at iow; made by the J respondents, in aid of the sale of their preparat wu, are gros,ly ~xaggeratecl, false, misleading, and incorrect. Said pn•paration is not a competent or adequate remedy or treatment for nervous irritation, muscular rheumatism, lumbago, gouty conditions, swollen or painful joints, cramped limbs, swollen or aching ff'et, insomnia or l>leeplessness. The preparation does not relie,·e in l'h i ldren the so- (·alled "growing pains" and any injmies of children, such as cuts <-•r sprains or bruises or burns. The chlorophyll contained in the preparation does not penetrate the skin and reach bones or muscles or joints. The preparation is not soothing to the ner\'e tissues, and Joes not produce a blood stimulation. Cldorophyll is not literally stored-up sunshine, and the use of the preparation does not bring to affected parts of the human body natural sunshine. The preparation does not bring relief to the users. The use of the preparation FEDERAL TRADE CO~UUSSION DECISIONS1186 Complaint 24F.T.C.

does not bring about remotely or otherwise, the results obtained frotn natural sunshine. The use of the preparation will not and does not net as a cure for or a remedy for arthritis, or any other ailment of the human body:

PAR. 7. The use of the word "Sunlife" in respondents' trade name lias the capacity and tendency to deceive and mislead the purchasing public into the belief that the product sold by respondents is one that · brings natural sunshine to the purchasers who use the preparation sold by the respondents. The representations of respondents, as here· inabove set forth, and other similar representations made by the respondents, have had and do have the tendency to confuse, mislead and deceive members of the public into the belief that respondents' preparation, designated "Sunlife Chlorophyllian Oil," contains nat· ural sunshine, and that the users of the preparation will get the benefit inuring from the use of natural sunshine; that the preparation is a competent and adequate remedy and treatment for muscular rheu· matism, sciatica, lumbago, gouty conditions, cramped, swollen limbs, and stiff, aching joints; that it is a competent and adequate treatment and remedy for nervous irritation; that its use will relieve the grow· ing pains of children and many minor injuriE-s of children, such as cuts, sprains, bruises, and burns; that the use of the preparation will bring sunshine to affiicted parts of the human body, such as aching joints, muscular rheumatism, lumbago, and various other ailments; that chlorophyll is literally stored-up sunshine; that it will penetrate the skin and reach aftlicted parts of the human system; that users of said preparation will receive beneficial results and results similar to those receh·ed from natural sunshine. The said representations of respondents have had and do have the tendency and capacity to in· duce members of the public to buy and use said preparation because of the erroneous belief engendered as above set forth, and to unfairly divert trade to respondents from competitors engaged in the sale, in interstate commerce, of similar competing preparations. There are among the competitors of respondents, as mentioned in paragraph 1 hereof, many who sell and distribute in commerce simi· lar oils and preparations, who do not misrepresent the properties or qualities or therapeutic virtues, functions, uses or effects of their said competing products.

PAR. 8. The above alleged acts and practices of responde-nts arc all to the prejudice of the public and the respondents' competitors, and constitute unfair methods of competition in commerce within the intent and meaning of Section 5 of an Act of Congress, approved September 2G, 1914, entitled "An Act to create a Federal Trade Com· misr-ion, to define its powers and duties, and for other purposes." SUNLIFE CHLOROPHYLLIAN LABORATORIES, LTD. 1187 1182 Findings REPORT, FINDINGS AS TO THE Facts, ANU 0ImEH Pursuant to the provisions o£ an Act o£ 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 March 31, 1936, issued and served its complaint in this proceeding upon respondents, C. C. Miller, ·w. B. Mather, '\V. l\f. Lol}isson, H. M. Young, D. A. Lester, and L. D. Marr, partners, trading as Sunlife Chlorophyllian Laboratories, Ltd., charg- ~ng them with the use of unfair methods of competition in commerce 111 violation of the provisions of said act. After the issuance of said complaint and the filing of respondents' answer thereto, testimony and other evidence in support of the allegations of said complaint Were introduced by P. C. Kolinski and Astor Hogg, attorneys for the Commission before Charles P. 'Vicini and Robert S. Hall, examiners of the Commission theretofore duly designated by it and in opposition to the allegations of the complaint by Sanford W. Horn- Wood, attorney for the respondents; and said testimony and other evidence were duly recorded and filed in the office of the Commis~on. Thereafter, the proceeding regularly came on for final hearing before the Commission on the said complaint, the answer thereto, testimony and other evidence and brief in support of the complaint (the respondents having filed no brief); and the Commission having duly considered the same 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. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondents, C. C. Miller, '\V. B. Mather, l,Y, M. I40uisson, H. M. Young, D. A. Lester, and L. D. l\farr are partners trading and doing business under the name of Sunlife Chlorophyllian Laboratories, Ltd., with their principal office and place of business located at 2i02 South Hill Street, Los Angeles, Calif. For several Jt'ars last past they have been and they are now, engaged in advertising, selling and distributing a preparation for external application known and designated as "Sunlife Chlorophyllian Oil." They sell and distribute said preparation in commerce between and among the ,.arious States of the United States in substantial quantities. They cause said preparation, when sold, to be shipped from their place of business in the State of California to the purchasers thereof located in the various States of the United States other than the State of California. In the course and conduct of their business as aforesaid, respondents, during all the time herein mentioned, have been and Findings 24F.T.C.

are now in substantial competition with other partnerships and with corporations, firms and individuals engaged in the business of selling and distributing like oils and other preparations designed for the treatment of similar conditions and ailments of the human body in commerce between and among the various States of the United States.

r AR. 2. Respondents' product is in liquid form and contains the following ingredients:

Camphor gum U. S. P., 0:1 Wintergreen (l\Iethyl Salicylate) U. S. P., Oil Peppermint, U. S. P., Chlorophyll concentrate paste in oil, Solvent mineral oil (odorless), Crystal oil.

PAR. 3. Respondents have represented by advertisements that their preparation "Sunlife Chorophyllian Oil" will cure and is a competent and effective treatment for the relief of nervous irritation, muscular rheumatism, lumbago, gouty conditions, swollen and painful joints, cramped limbs, swollen and aching feet, simple coughs and colds, insomnia, "growing" pains, sprains, cuts, bruises, burns, and arthritis; that said preparation is soothing to the nerves and relieves nervous t€nsion; that the active element in the preparation is Chlorophyll i that Chlorophyll is literally stored-up sunshine captured by science and brought to the user; and that the users of said preparation will receive the same beneficial effects as will be received from exposure to the natural rays of the sun. These representations have appeared in circulars, published and distributed by respondents throughout the United States, in radio broadcasts recommending respondents' preparation and in other forms of advertising media. Among the representations, statements and claims made by respondent are: (a) Rub away the pain-Scientists say:

"Muscular pains, aching discomforts are caused by congestion. When this congestion i;~ broken up by surging blood, the pain disappears." Rub SUNLIFEJ CIILOROPHYLLIAN OIL into those muscles and joints. Feel the tingling surge of blood. SUNLIFE CIILOROPIIYLLIAN OIL'S active element is chlorophyll which is a scientific mime for the "green substance of living plants". It can be called "captured sunlight". The value of Chlorophyll is recognized anu rccommell(led.

(b) SUNLIFE CIILOUOPIIYLLIAN OIL is recommended for nervous lrrita · tion, muscular rheumatism, lumbago, gouty conditions, swollen and painful joints, cramped limbs, swollen and aching feet, simple coughs and colds, insomnia or sleeplessness.

(c) Every mother will appreciate It for the children, as lt relieves the socalled "growing pains" and many minor Injuries, such as SPRAINS, CUTS, BRUISES, AND BURNS.

SUNLIFE CHLOROPHYLLIAN LABORATORIES, LTD. 1189 1182 Findings (d) Particularly soothing to the nerve tissues, producing a blood stimulation. (c) CHLOROPHYLL Is literally stored-up sunshine, captured by science and brought to you.

(f) to any of you who are suffering from muscular rheumatism, sciatica, lumbago, gouty conditions, cramped or swollen limbs, or stiff, aching joints • * • I want to tell you about SUNLIFE CHLOROPHYLLIAN PENE- TRATING OIL • • • It has brought relief to many people who suffered With those ailments.

(g) You have all seen a dog or cat, when they are hurt or ill, seek out a sunny spot and curl up there and just seem to soak up the sunshine. • • • You may have tried It yourself, letting the healing rays of the sun shine on you When you have a stiff neck, aching shoulder, etc. Something like this same result may be expected from the use of SUNLIFE CHLOROPHYLLIAN OIL. (h) It is soothing to the nerves and stimulating to the blood flow, and seems to relieve nervous tension.

( i) A man • • • had suffered from arthritis in his feet for a long time so badly that he could hardly walk. He had spent several months in one of the highest priced hospitals in this country but without gaining relief for his feet. He took two bottles of SUNLIFE with him when he went bark to Iowa, and we bad a letter from him in which he told us that he had used one bottle and was started on the second bottle and there was very little soreness left in his feet and he was greatly relieved.

PAR. 4. For many years a substantial portion of the purchasing public has believed that exposure of the human body to natural sunshine produces beneficial results in the treatment of diseases, conditions and ailments of the skin, muscles, bones, joints, and other parts of the human body.

Chlorophyll is a pigment produced by the aid of sunshfne and ~found in plants, the function of which is to act as a catalyst in stormg up strength for plant life. Its function is limited to plant life. This pigment is not found in animal life and has no true function or effect on the human body. Chlorophyll has no therapeutic value to or effect on the human body, and if it is applied to the skin it is not absorbed. The only therapeutic Yalue that might be ascribed to any of the ingredients of the preparation inyoh·ed is that comphor and oil of wintergreen sometimes act as counter-irritants in such comlitions as acute arthritis, but even then such ingredients have no curative effects. The preparation is not a competent or adequate treatment for, nor does it when applied, relieve nervous irritation, muscular rheumatism, lumbago, gouty conditions, swollen or painful joints, coughs and colds~ cramped limbs, swollen or aching feet, insomnia and sleeplessness. The preparation docs not relieve the so-called "growing pains" in children, or cuts, sprains, bruises, burns or arthritis. It is not soothing to the nerves and does not relieve nervous tension. Chlorophyll is not literally stored-up sunshine and the use of the preparation does not bring sunshine to affected parts of the Findings 24F.T.C.

human body, and neither does the user thereof receive the beneficial dfects of sunshine. The chlorophyll alleged to be contained in said preparation does not and cannot penetrate the skin and said preparation will not bring relief to the users for any of the conditions that respondents represent it to be beneficial.

PAR. 5. Respondents have adopted and now use the trade name ''Sunlife Chlorophyllian Laboratories, Ltd." They cause their aforesaid trade name to be prominently featured and set forth in all of their advertisements, leaflets, booklets, circulars, etc., which they send to customers and prospective customers, and in and by radio broadcasts.

The use of the word "Sunlife" in respondents' trade name is misleading in that purchasers are led to mistakenly believe that respondents offer and sell a preparation into which certain beneficial elements containing the natural rays of the sun have been incorporated, and that the use of said preparation will give the same benefits as will be received from actual exposure of the body to the natural rays of the sun.

PAn. 6. The representations of respondents as hereinbefore set forth have had ami do have the tendency and capacity to confuse, mislead and deceive members of the purchasing public into the erroneous and mistaken belief that the preparation "Sunlife Chlorophyll Oil" contains natural sunshine and that the users of the preparation will receive the benefits flowing from the use of natural sunshine; that the preparation is a competent and adequate treatment for muscular rheumatism, lumbago, gouty conditions, cramped and swollen limbs, painful joints, coughs and colds, sleeplessness "growing pains," cuts, sprains, bruises, burns, and arthritis; that the preparation is soothing to the nerves and relieves nervous tension; that tho use of the preparation will carry sunshine to affiicted parts of the human body and that the users of said preparation will receive the same beneficial effects as those received from exposnre to natural sunshine.

The representations of respondents, as aforesaid, and the use of the word "Sunlife" in respondents' trade name have the capacity and tendency to induce members of the buying public to purch:1se said preparation for use because of the erroneous beliefs engendered as above set forth, and to unfairly divert trade to respondents fronl competitors engaged in the sale and distribution of similar preparations in commerce among and between the various States of the United States, and which said competitors do not in any wise misrepresent tlle therapeutic value of their respective preparations. SUNLIFE CHLOROPHYLLIAN LABORATORIES, LTD. 1191 1182 Order In this manner respondents do substantial Injury to competition in commerce among and between the various States of the United States.

CONCLUSION The aforesaid facts and practices of the respondents, C. C. Miller, W. D. Mather, 1V. :M. Louisson, H. M. Young, D. A. Lester, and L. D. Marr, partners, trading as Sunlife Chlorophyllian Laboratories, Ltd., are to the prejudice of the public and of respondents' competitors, and constitute unfair methods of competition in commerce, Within the intent and meaning of Section 5 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."

ORDER TO CEASE AND DESIS'l' This proceeding having been heard by the Federal Trade Com- :mission upon the complaint of the Commission, the ans"·er of respondents, testimony and other evidence taken before Charles P. Vicini and Robert S. Hall, examiners of the Commission, theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, brief of the Commission herein filed (the :respondents having filed no brief) and the Commission having made Its findings as to the facts and its conclusion that said respondents have violated the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Com- :mission, to define its powers and duties, and for other purposes." It is ordered, That the respondents, C. C. :Miller, W. n. Mather, W. M. Louisson, H. M. Young, D. A. Lester, and L. D. Marr, individually and as partners; trading under the name "Sunlife Chlorophyllian Laboratories, Ltd." or under any other trade name, their representatives, agents, servants, and employees in connection with !he offering for sale, sale, and distribution of a preparation now des- Ignated as "Sunlife Chlorophyllian Oil" or any other preparation of the same or substantially the same ingredients, composition or therapeutic effect, sold under that name or under any other name, in interstate commerce or in the District of Columbia, do forthwith cease and desist from:

. 1. Representing in any manner that said preparation will cure or Is a competent and effective treatment or remedy for, or will relieve nervous irritation, nervous tension, muscular rheumatism, lumbago, gouty conditions, swollen and aching feet, coughs and colds, sleeplessness "growing" pains, sprains, cuts, bruises, burns, and arthritis. 1192 FEDERAL TRADE COl\LMISSION DECISIONS Order 24Il'.T.C. 2. Representing through the use of the word ''Sunlife" alone or in conjunction with any other~ word or words, or through the use of any other word or words of similar import and effect in their trade name or in any other manner, or through any other means or device, that said product contains any beneficial elements of the natural rays {)f the sun or that the use of said preparation will bring the beneficiai effects of sunshine to the users thereof.

It is further ordered, That the respondents ~hall, within 60 day~ after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

BUREAU OF HYGIENE, INC., ET AL. 1193 Syllabus IN Tin~ l\1ATrEn OF lllJHEAU OF HYGIENE, INC., GYNEX CORPORATION, PREFERRED INDUSTRIES CORPORATION, AND DEN~ ,J A.MIN LINDNER ('O~II'LAlNT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. l'i OF AN ACT OF CONGltESS APPROVED SEPT. 26, 1914 Duc·ket 30j2. Ct~~uplainf, Jan. 2!!, J9.rt-Decision, !1/oy 7, 1937 \\'lu•re a corporation pngaged in the sale and distribnt iun. among the ~;several States and in the District of Columbia, of certain Inl•IIil'inal preparations und _appliances fur use by women in feminine hygiene, rnrlously llcscribed, known as and sold under names "Gynettes,'' ''Gyn-o-sol," "Gyne:x: Tablets," "Viornt>tts," "Gynex Fountoln Bag," and '·Gyuex Spray with Gynex Bulb," lu substantial competition with otllers, of wlwm some were engaged iu sale and distribution of similar preparations and appliances and of whom others were pugagPd In sale and distr·ibutlon of preparations, rPmedles. and treatm .. nts ust>d and useful for plu·poses for which it represei.kd und Implied that its said pn•parations and appliances wer<' nseful, and among which vnrlous competitors were lnclu<led many wl1t• :lo not in any manner misreprf>~;ent their products :Old efficacy thereof; in describing its said prepnratlous and appliances unu efficncy thereof when used for purposes I'PcommPnded, in uoolllets, pamphlets, allll drculars distrilmtPd among IWOSIJI'l'tire purchas<>rs a IHl In window cli>:plny placards- < a) HPprN<PntPd that ><aid "GsnP1tl's," "Gylll'X Tnhlet~." and ''G~·n-o-sol" prl'pnrntlou constituted comvetent a11d effpcti\'e eontruce1Jthe and could be lll'IJt>lldetl upon for such Illlrpose witlwnt limitatlou, and that they were <·mnpetent a11d reliable rPnwtlit·s, trenluH'nts, nncl C'ures for Ills and diseases pePuiiar to womf'n, as in snirl nuions ad,·er1i><Pillt>nts specified; ( b I RPpi·esented that prepartiou "ViomPits" wns a compt•tPnt aud effective trentnwnt Ill!(] curl' for pl•riotl paim• nml lrrrgnlarities in the menstruation ]l(•riod of women, and n SPdnt!Ye for tltt·rine twrl O\'Hrlan tronilles of women, nut) that it strl'ngtheue<l said urgarus;

(c) Represented that said pl'l'ltar·ations uud applianct~s had ueen tt•stt>d and npprowd by an indt'}ll'llllf'nt organl:wtion devoted to scientific research on <]twstlons hn·ul\'lug mf'fhods of pren•ntlug conception and pre,·entln;.:. treat- Ing, and curing i!isPIII'P;;, rualadiC'A and conditions peculiar to women; and I d) RPpres(•Htt>d tlwt 1<:tid rm·rmmlltms 'llld appllancPs might hP ns<•tl with snt.. ty and without llPIPTerious Pll'l'l:l>' fly all women; Facts Lling prPparatlou.~ nud products IHIU!ed did not cou,.;rirurP t·ompeleut nntl {'ffPPtivr conti·nc·!•Jllh s ns nfort·s:ti<l clnlnwd, and C'ottltl uot bt> d<'pcudrtl upon for sneh vnrrul~P without limitation, nor corn<! itule compt>tC'ut nmJ tPliahl<' remC'diC'S, t llll llll<'ll Is a 1111 turns for 111s, di>'l'lli'l'S, nu<l conditions ns above fet forth, but hat! no bl'nf>ficial thPrnpeutic value in treafnwnt tht>rPof or uf nny of tlwm, faid prPparntiuns uml applianl'<'s hntl not hP!'Il submitted, testetl, anti approved as above set forth. by an lndPpPlHIPnt organization as <'lainwd or represented, uurl conl<l uot hl' ust•tl with safety~· :uul wltlwnt dP](•IPrions rff<'lls ns Pontrnct>pth'€'8, hut 111'-!' tltf'rf'of In lll:tlie Complaint 24F.T. C.

cases was capable of causing and did cause injuries and had a deleterious effect on users thereof;

With effect of confusing, misleading and deceiving members of the public as to the properties and efficacy of the said preparations and appliances as hereinabove set forth, and of causing them, because of the erroneous beliefs thus engendered and their Implications, to buy and use said preparations and appliances, and thereby substantially divert trade In said commerce to it from its competitors who truthfully represent their products; to their injury and that of the public: llcld, That such acts and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. J.llr. 1Villia,,n L. Taggart for the Commission. Jfr. John lV. Hilldrop, of 'Vashington, D. C., for respondents. Complaint Pursuant to the provisions of an Act of Congress, approved September 26, 1914, entitled "An Act to create a Federal Trade Commis- &ion, to define its powers and duties, and for other purposes," the Federal Trade Commission, having reason to believe that the Bureau of Hygiene, Inc. (formerly the Bureau of Feminine Hygiene), the Gynex Corporation, Preferred Industries Corporation, corporations and Benjamin Lindner, hereinafter referred to as respondents, have been and are 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 jnterest, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH 1. Respondents Bureau of Hygiene (formerly Bureau of Feminine Hygiene) and Gynex Corporation are now, and have been for several years last past, corporations organized, existiug, allll doing business under the laws of the State of New York. Respondent Bureau of Hygiene was organized to do research and laboratory work relative to the products marketed by the respondent Gynex Corporation.

Respondent Preferred Industries Corporation is now, and has been for several years last past, a corporation organized. and doing business under the laws of the State of New York. Benjamin Lindner is its President and directs nnd controls the policies and business operations of the corporation. Respondent Preferred Industries Corporation, acting directly and through Benjamin Lindner, its president, super· vises, operates, and directs the sales policies and general business Jl fiairs of respondents Gynex Corporation and Bureau of Hygiene. It, together with its presiJ.ent, Benjamin Lindner, acting in his indi- BUREAU OF HYGIENE, INC., ET AL. 1195 1193 Complaint ~idual capacity, also factor the products marketed by Gynex Corporation.

The principal offices and places of business of all of the respondents are located at 301 Madison Ave., and 211 East 19th Street in the city of New York. Respondent Benjamin Lindner also has au office at 285 Madison Avenue in the city of New York. The respond- ;nts have been, and are now engaged in the business of manufactur- Ing, distributing and selling certain medical preparations and appliances for so-called feminine hygiene use to purchasers in commerce among and between various States of the United States and in the District of Columbia. The respondents cause these products, when ~old, to be transported from their aforesaid places of business to the purchasers thereof located in the various States other than the State of New York and in the District of Columbia, and maintain a constant (~course of trade and commerce in said products so distributed and ~old by them. .

In the course and conduct of said business respondents have been~ and are, in substantial competition with other corporations and with firms, individuals, and partnerships engaged in the distribution and sale of similar products, and other products intended and designed for similar use by women in commerce among and between the various States of the United States.

PAn. 2. The products marketed by the respondents are variously known and described as Gynettes (the ideal suppository for feminine hygiene), Gyn-o-sol (the ideal vaginal jelly for feminine hygiene), Gynex Tablets (normal oxyguinoline sulphate), Viornetts (viburnum compound), Gynex Spray, Gynex Fountain llag and Gynex Spray with Gynex llulb. In the operation of their business and for the pur- Pose of inducing the purchase of said products on the part of members of the purchasing public, the respondents have made use of certain adve~·tising literature such as booklets, pamphlets, circulars, and show-window displays represented to be descriptive of the various Products herein named and the various applicators used in connection therewith, and the effectiveness of said products and appliances When used. The advertising literature herein referred to is distribllted to members of the purchasing public through advertising literature contained in the boxes in which said products are marketed, and in advertising literature distributed through the medium of drug stores, through the United States mails direct to the prospective pur- <'hasers and in other ways.

. With reference to the products designated as Gynettes and Gyn-ol-iol such statements as tho following are made. 1196 FEDERAL TRADE COl\IMISSION DECISIONS Complaint 24 F. T. C. GYNETTES One Gynette Is used upon retiring, or when desired. In a few minutes its cocoa butter base melts, spreauing an antiseptic film over the interior of the yagina, affording protection, and security of mind. Since the antiseptic qualities of Gynettes remain effective throughout the night-douching may be postponed until morning. Gyncttel'! are also bene>ficial in soothing minor irritation and are excellent ueodorants. Gynettes may be used with utmost confidenceare non-injurious-dependable, and are compounded from a formula that bas the professional endorsemenbs of Gnyecologistf! as well as the Bureau of Fern· !nine Hygiene.

GYN-0-SOL Gyn-o-sol is a soft jelly which performs the same function and is compounded from the same formula as Gynettes. Use of one or the other is a matter of personal preference, the difference being entirely in the manner of application. Gyn-o-sol is applied quickly and easily and its action Is immediate and effective. A similar formula is used today by thousands of women. It is non-injurious and offers· the married woman the protection she wants. Its consistency Is such that it spreads evenly over all internal parts and deposits a film that remains effective throughout the night, making douching unnecessary until morning.

In said ~Statements, together with other similar statements not herein set out, and in their general advertising respondents represent directly or through implication that saill products designated as Gynettes and Gyn-o-sol form competent and effective preventatives against conception, and form competent and reliable remedies, cures, or treatments for certain maladies, ills, or diseases peculiar to women such as:

Leuchorrhea (Whites) Inflamed Membrane (l!;ndometrltls) Vaginal Inflammation (Vaginitis) Pelvic Inflammation Nervous Conditions (Neurosis) PAR. 3. In truth and in fact the products designated as Gynettes and Gyn-o-sol do not form or constitute competent treatments, remedies, or cures for the various maladies and diseases peculiar to women hereinabove set out and are of no beneficial therapeutic value in the treatment of said diseases. Neither of said products will accomplish the results claimed by the respondents with respect to preventing conception. Neither of said products, when used in connection with the applicators furnished by the respomlents will in all cases serve as competent preventatives of conception but are in some cases capable of causing injuries and deleterious pffects to thos~ making use of them.

PAR. 4. 'With reference to the product designate<l as Viornetts sw·h statements ns the following are made:

BUREAU OF HYGIENE, INC., ET AL. 1197 1193 Complaint Viornetts contain Viburnum and other beneficial !ngre!clients, uml are recommended to ali women who suffer periodic pain or irregularities. A uterine and ovarian sedative, its use tends to tone and strengthen these organs. Nonnarcotic, chocolate coatell-conYen!eut-nnd fully as effective ns liquid preparations. Viornetts are harmless, reliable, and efficient. In said. statements, together with other similar statements not herein set out, and. in their general advertising respondents represent directly or through implication that said product designated as Viornetts form effective treatments for periodic pain or irregularities, sedative for uterine and ovarian troubles of women and to strengthen these organs and are as fully effective as liquid preparations. In truth and in fact the products designated as Viornetts do not form or constitute competent treatments for periodic pain or irregularities, sedative for uterine and ovarian troubles as hereinabove set out and have no beneficial therapeutic value in the treatment of said diseases or conditions.

PAn. 5. 'With reference to the products designated as Gynex Tablets such statements as the following are made: Of the many preparations which are used for the purpose of douehing, a few !'!JUal lllld none has uPen fonml Sli]J!'rior to Gyuex Tablet:s. They are exce1Ien1· tleodorants, instantly dt>stroying offem;!ve odors. Gynex Tablets are spt>ciallr nw.nnfactured for use with the Gynex Dilating Svray-together they form thp ideal combination for the correct practice of fPminlue hygiene. Healing-lil!JOthing-refreshlng.

In said statements, together with other similar statements not herein set out, and in their general advertising respondents represent directly or through implication on their part that said products designated as Gynex Tablets form competent and effective preventatives against conception, and form competent and reliable remedies, cures, or treatments for certain maladies, ills, or diseases peculiar to Women such as:

Lruchorrhea (Whites) Int!amrd 1\Iembrane (Endometritis) Vaginal Inflammation (Vaginitis) I'Plvlc Inflammation Nervous Conditions (Neurosis) In truth and in fact the products designated as Gynex Tablets do not form or constitute competent treatments, remedies or cures for the various maladies and diseases peculiar to women hereinabove set out and have no beneficial therapeutic value in the treatment of said diseases. The said product will not accomplish the results claimed by the respondents with respect to preventing conception. Neither w.ill said product, when used in connection with the applicator fur- 1lished by the respondents in all cases serve as n. competent preventl4G756m--a9--vol.24----78 Complaint 24F.T. C.

ative of conception but in some cases it is capable of caus~ng injuries and deleterious effects to those making use of them. PAR. 6. In the course of the operation of their business, as aforesaid, respondents employ and use agents for the promotion of the distribution and sale of the various products hereinabove named and also make use of window displays and other advertising matter purporting to be issued by a "Bureau of Hygiene" (Bureau of Feminine Hygiene). The advertising literature herein referred to purports to describe the functions of said Bureau in statements such as: An especially important function of the Bureau of Feminine Hygiene is to select and test apparatus and medicaments suitable for the correct practice of Feminine Hygiene. The Bureau of Feminine Hygiene is pledged to sponsor only those products which have passed the most rigid tests. If the best avail· able is not considered good enough, the product becomes the subject of fut:ther research and improvement.

The Bureau's Seal of Approval on any product for Feminine Hygiene is your assurance and guarantee of its purity, its quality, and its reliability. FIRST, to answer a prevalent need for authentic, accurate, honest informa· Uon on women's eternal and most troublesome problems. This information service is actually maintained, seriously, tactfully, and within the limits of all existing legislation. There Is no attempt at evasion of regulation, nor Is there· any Invasion of the functions belonging, exclusively to the medical profession. There is a need that exists beyond these limits •.• and the Bureau meets it faithfully to the extent of its powers.

SECOND, to sponsor a line of appliances and preparations for the proper attainment of real feminine hygiene, that Is of the very highest grade and efficacy in every respect. Every item now in the line has been subjected to the most exacting tests and has proven its value. Every article that may be added to the group in the future, will also be required to satisfy completely the most stringent requirements .•..

In said statements, together with other statements not herein set out, and. in their advertising literature generally, respondents represent, directly or through implication, that the Bureau of Hygiene (Bureau of Feminine Hygiene) is an organization devoted to scientific research on questions involving methods of prevention of conception and methods of preventing, treating, and curing diseases, maladies and conditions peculiar to women, and. that the Bureau of Hygiene is in no way connected with, or financially interested in, the distribution and sale of the various products purported to be recommended. by it in the various types of advertising literaturCJ distributed by the respondents herein.

In truth and in fact the Bureau of Hygiene is not an organization or institution organiz('d and conducted for the carrying on of scientific research on questions involving methods of prevention of conception, or methods of preventing, treating, or curing diseases and maladies peculiar to women, or on any other questions. The Bureau BUREAU OF HYGIENE, INO., ET AL. 1199 1193 Findings of Hygiene does not make any particular study of so-called feminine hygiene and in fact does not operate any laboratory wherein various hygienic products are tested. While the respondent Bureau of Hygiene is a corporation, it does not function as a business enterprise separate and distinct from the business operations conducted by the other respondent corporations.

There are among the respondents' competitors in commerce, as herein set out, those who do not in any way misrepresent the character, nature, and size of their respective businesses and who do not misrepresent in any way the nature, character and therapeutic effect of their respective products when used, and do not make use of any of the misleading representations herein set out or others similar thereto. PAn. 7. The aforesaid false and misleading statements and representations as used by the respondents in offering for sale and selling their various products as herein described, in commerce as herein sets out, have had, and do now have, the tendency and capacity to, and do mislead and deceive members of the purchasing public into the erroneous and mistaken belief that said representations are true and into the purchase of substantial quantities of respondents' various products on account of said erroneous and mistaken beliefs induced as aforesaid. As a result thereof trade is unfairly diverted from competitors of. respondents who do not, in the sale and distribution of their respective products, make use of the same or similar misrepresentations. In consequence thereof injury has been, and is now being done by respondents to competition in commerce among and between the various States of the United States.

PAR. 8. The methods, acts, and practices of respondents herein set forth are all to the prejudice of the public and respondents' competitors as hereinabove alleged. Said methods, acts and practices constitute unfair methods of competition in commerce within the intent nnd meaning of Section 5 of an Act. of Congress, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, an<I for other pnrpost>s," approved September 26, 1914. REPORT, FINDINGs As TO THE F Acrs, AND OnnER 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 January 29, 1937, issued and serv-ed its complaint in this proceeding upon respondents, Bureau of I.Iygiene, Inc., Gynex Corpora.tion, Preferred Industrit>s Corporation, and Benjamin Lindner, charging them with the use of unfair methods of competition in commerce in violation of the provisions 1200 FEDERAL TRADE COl\LMISSION DECISIONS Findings 24 ]<', '1'. t'. of said act. Subsequently, the complaint was dismis~ed without prejudice as to the respondents, Bureau of Hygiene, Inc., Preferred Industries Corporation and Benjamin Lindner, and the respomlent, Gynex Corporation filed its answer in which it admitted the material allegations of the complaint to be true, and waived the taking of further evidence and all other intervening procedure which answer was duly filed in the office of the Commission. Thereafter this procee<ling regularly came on for final hearing before the Commission on the said complaint, and the answer of respondent, Gynex Corporation, thereto, and the Commission having duly considered the same and being now fully advised in the premises finds that this proceeding is in the interest of the public and makes this its findin~s as to the facts aml Hs conclusion drawn therefrom. FINDINGS AS TO Tile FACTS PARAGRAPH 1. Respondent, Gynex Corporation, is a corporation organized, existing and doing business under and by virtue of the laws of the State of New York, and has its offices and places of business at 211 East loth Str('et and 301 Madison Avenue in the city of New York, N. Y.

The respondent is now, and has been for the several years ln::;t past, engaged in the sale and distribution in commerce between aJHl among the several States of the Unitl'd Statl's nnd in the District of Columbia of certain medicinal preparations and a ppliauces for use by women in feminine hygiene. · Respondent's said preparations aml appliances are ntriously described and known as, and sold under the names, Gynl'ttes, Gyn-osol, Gynex Tablets, Viornetts, Gynex Fountain Dag, and Gynex Spray with Gynex Bulb.

Respondent causes said preparations and appliallrPs, when sold, to be transported from its said places of business in the city of New York, New York, to the purchasers thereof located in the various States of the United States other than the State of New York a1Hl in the District of Columbia. Respondent maintains a constant cuJ•rent of trade in said commerce in the sale and distribution of said preparations and appliances.

PAR. 2. During~ all of the tin1l's mentioned herein the re~pondent has been in substantial competition in said comnwrce with othu cor· porations and with firms and individuals, some of whom are (•ngaged in the sule all(l distribution of preparations and applianel's similar in kind to those sold and Jistribnted by the rpspondent a1Hl otlwrs of whom are engageu in the sale auu distribution of preparations, relledil's and trl'atments nsNl antluseful for the purposl'~ for which the BUREAU OF HYGIENE, INC., ET AL. 1201 lll:J Findings rpspondent z·represents and implies that its said preparations and !l appliances are useful.

Among the competitors of the respondent in said commerce are rnany who do not in any manner misrepresent their products and the efficacy thereof.

PAR. 3. In the conduct of its business in said commerce, and for i he purpose of inducing the purchase of its said preparations and nppliances, the respondent caused to be prepared and distributed among prospective purchasers, booklets, pamphlets, circulars, and window display placards which contain statements descriptive of said preparations and appliances and the efficacy thereof when used for the purposes recommended .

. PAn. 4. Among and typical of the statements so made in connection with the sale and distribution of said preparations and appliances are the following:

One Gynette is n;;(•d upon rNiring, or when desireu. In a few minutes its cocoa buttet· base melts, spreading an antis<'ptic film over the interior of the Yagina, affording protection, nnd security of mind. Since the nntiseptic qualities of Gynettes remain eff('ctive throughout the night-tlouching may be post- Poned until morning. Gyncttes nre also beneficial in soothing minor irritation and are ex<"<>llent deodorants. Gynettes may be used with utmost coufidence-are non-injurions-dt>pemlablc, and are compounded from a formula that has the profe~;;sional {'IHlors<>m<>nts of Gru<'eologists as well as the Bureau of Feminine Hygiene.

Gyn-o-sol is a ~oft jelly which performs the snme funttlon and is compounded from the same formula as Gynettes. Usc of one or the other is n matter of per- Ronal preference, the difl'erence being entirely in the manner of appli<•ation. Gyn-o-sol is applied quickly and easily and its nction is immediate and effective. A similar formula is used today by thousands of women. It is non-injurious and ?fl'ers the married woman the protection slw wants. Its conslsteuey is such that lt spreads evenly oyer all iuterual parts and dt>posits a fllm that r<'nlllins effective throughout the night, making douelling unn<>cess:uy uutil moming. Ot the many pr<>parutions whld1 are used for the purvose of <lotwhing, few equal and none has been found superior to Gynex Tablets. They are excell<>nt deodorants, instantly destroying ofl'<•nsive odors. Gynex Tablets are l'Specially manufactured for ns<> with the Gyn<>x Dilnting Spray-together they form the Ideal com!linntlon for the eorr<>et pructlce of feminine hygi<'lle. IIenling- Roothing-r<'frPshlng.

Yiornetts contain Viburnum and other ben<>ficial ingredients, and are recomlll<'uded to all women who suffer periodic pain or irregularities. A uterine and O\'arian sedath·e, its use t<>nds to tone and strengthen these organs. Non-narcotic chocolate eoated-conveni<•nt-and fully as effecti\·e as liquid prepnrations. Yiornetts are 11harmless, reliable and efficient. Many other stntemeuts of similar import and meaning are used Ly the respondent in connection with the sale and distribution of said Preparations and appliances.

Findings 24F.T. C..

PAn. 5. By the means and in the manner set out in paragraph 4 hereof the respondent represents and implies that the preparation& "Gynettes," "Gynex Tablets," and "Gyn-o-sol" are competent and effective preventatives of conception and that they are an absolute· protection ag1linst pregnancy, and can be depended upon for which purpose without limitation; that said preparations are competent and reliable remedies, treatments and cures forms and diseases peculiar to women, including leucorrhea, inflamed membranes, vaginal inflammation, pelvic inflammation, and nervous conditions. By the means and in the manner set out in paragraph 4, the respondent represents and implies that the preparation of "Viornetts"· is a competent and effective treatment or cure for periodic pains or irregularities in the menstruation period of women, a sedative for uterine and ovarian troubles of women, and that its use will strengthen those organs.

The preparations "Gynettes,'' "Gynex Tablets," and "Gyn-o-sorr and the appliances used in connection therewith are not competent and effective preventatives of conception, and are not an absolute protection against pregnancy, and cannot be depended upon for such purposes without limitation; said preparations are not competent and reliable remedies, treatments, and cures for ills and diseases peculiar to women, including leucorrhea, inflamed membranes, vaginal inflammation, pelvic inflammation, and nervous conditions. The preparation "Viornetts" is not a competent and effective treatment or cure for periodic pains or irregularities in the menstruation period of women, a sedative for uterine or ovarian troubles of women, and its use will not strengthen these organs. Said preparations have no beneficial therapeutic value in the treatment of any of the ailments, ills and diseases mentioned herein. PAn. 6. Respondent in said. booklets, pamphlets, circulars and window d.isplay placards represents that its said preprtrations antl appliances have been submitted to, tested and approved by an independent organization devoted to scientific research on questions in· volvjng the methods of preventing conception and prewnting, treating, and curing the diseases, maladies and conditions peculiar to women, and that such organization so testing aml approving the preparations and appliances of the respondent is in no w11y con· nected with or financially interested in the sale and distribution of said preparations and appliances.

Respondent's said preparations and appliances have not been sub· mitted to, tested, and approved by an independent organization de· voted to scientific research on questions involving the met hods of preventing conception and preventing, treating and curing the dis· BUREAU OF HYGIENE, INC., ET AL. 1203 1193 Order eases, maladies, and conditions peculiar to women, which was in no way connected with or financially interested in the sale and distribution of said preparations and appliances.

PAn. 7. Respondent in said booklets, pamphlets, circulars, and window display placards represents that said preparations and the appliances used in connection therewith may be used with safety and without deleterious effects by women to prevent conception. In many cases the use of such preparations and appliances used in connection therewith are capable of causing, and do cause, injuries and have a deleterious effect on those using them. PAn. 8. The representations and implications of the respondent in connection with the sale and distribution of said preparations and ap- Pliances in said commerce, as stated, have the tendency and capacity to and do confuse, mislead, and deceive members of the public as to the. properties and efficacy of said preparations and appliances in the particulars herein set forth, and to cause them, because of the e~roneous beliefs engendered by said representations and implications to buy and use said preparations and appliances, thereby sub- ~tantially diverting trade in said commerce to the respondent from ~t~ competitors who truthfully represent their products, to their ln)ury and to the injury of the public.

CONCLUSION The aforesaid acts and practices· of the respondent, Gynex Corporation, 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 Section 5 of an Act of Congress, approved September 2G, 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, ETC • . This proce~ding having been heard by the FeJ.eral Trade Commis- Sion upon the complaint of the Commission and the answer filed herein by the respondent, Gynex Corporation, admitting all material allegations of the complaint to be true and waiving the taking of further evidence ami all other intervening procedure, and the Comhl~ssion having made its findings as to the facts and conclusion that Said respondent, Gynex Corporation, has violated the provisions of an Act of Congress approved SPptember 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, an<.] for other purposes."

1204 :FEDERAL TRADE COl\Il\IISSION DECISIONS Ot·der ·24F.T.C.

It is ordered, That the respondent, Gynex Corporation, its officer, representatives, agents, and employees, in connection with the offering for sale, sale and distribution of the meuicinal or pharmaceutical preparations and appliances which are designed, intended and used in the treatment of various female ailments and conditions and for female hygiene purposes now designated as Gynettes, Gyn-o-sol, Gynex Tablets, Viornetts, Gynex Fountain Bag, and Gynex Spray with Gynex Bulb, or of any other preparations or appliances of substantially the same ingredients and therapeutic effect or of substantially the same design, whether designated by the aforementioned names or by any other names, in interstate commerce or in the District of Columbia, do forthwith cease and desist from representing, directly or by implication:

1. That the preparations "Gynettes", "Gynex Tablets," and "Gyno-sol" are competent and effective preventatives of conception, an absolute protection against pregnancy, and can be depended upon for such purposes without limitation.

2. That the preparations "Gynettes'', "Gynex Tablets" and "Gyno-sol" are competent anJ reliable remedies, treatments, and cures for ills and diseases peculiar to women, including leucorrhea, inflamed membranes, vaginal and pelvic inflammation, and nervous conditions.

3. That the preparation "Viornetts" is a competent and effective treatment or cure for period p,ains and irregularities in the menstruation period of women ,a sedative for uterine and ovarian troubles of women and that it strengthens the ovaries and uterus . . 4. That said preparations and appliances have been tested and approved by an independent organization devoted to scientific research on questions involving the methods of preventing conception and preventing, treating, and curing the diseases, maladies, and conditions peculiar to women, until and unless such an organization has tested and approved said preparatim1s and appliances, and 5. That said preparations and appliances may be used with safety and without deleterious effects by all womf'n. It is further ordered, That the complaint herein be and the sallie hereby is, dismissed as to the respondents, Bureau of Hygiene, Inc., Preferred Industries Corporation, ancl Benjamin Lindner, without prejudice.

It is further ordered, That the respondent, Gynex Corporation, shall within GO days after service upon it of this order, file with the Commission a report in writing setting forth in detail the nuwner nnd fonn in which it has complied with this order. STANDARD DISTRIBUTORS, INC., ET AL. 1205 Syllabus