W. H. Bonifield, trading as Chicopee Medicine Company

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IN THE :MATTER OF "\V. II. DONIFIELD, TRADING AS CHICOPEE MEDICINE COl\IPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1014 Docket 2740. Complaint, Mar. 10, 1936-Dccision, Aug. 5, 1931 Where an individual engaged in sale of so-called "Chicopee Native Indian Herbs" medicinal preparation, either direct to members of the purchasing public or through druggists for resale thereto, in substantial competition in interstate commerce with those engaged in sale and distribution, in commerce among the States and in the District of Columbia, of similar medicines or those intended for and adapted to treatment of various bodily ailments for which his said preparation was adapted or recommended- (a) 1\Iade use of printed coupons or circulars in offer and sale of his said product, nnd caused said medicine to be placed in cartons, upon which coupons and cartons there were depicted representation of generally accepted idea of an "Indian Medicine 1\Ian" preparing concoction over a flre with a wigwam as a background, along with various statements in regard thereto which, together with aforesaid name "Chicopee Native Indian Herb~," used to designate said medicine, represented that such product was composed of native Indian herbs;

(b) Represented, through many statements on said coupons or circulars, that said medicine was a cure, remedy or competent and adequate treatment for diseases of the kidneys, liver, bowels, or stomach, and for constipation, bil· Jousness, colds, pain in the neck, sick headache, rheumatism, similar complaints, and other ailments and conditions, and that it would give relief therein and would relieve any ailment or abnormal bodily condition, and that it would relieve "pain in the neck, shoulders, side, back, or hips In one day," and la grippe and colds, and certain other specified ailments in the same period or time ;

(c) Represented that it was a wonderful remedy of nature and was effective from the very first dose and did its work surely, safely, and quickly, nnd brought health and happiness, and was the oldest and most reliable medicine known which would Improve health 100%, and that it was a medicine that nature grows and a general tonic, and that it relieved bilious or sick head· ache, in two hours, and heartburn and palpitation of the heart and other conditions at once; and (d) Caused to be printed on aforesaid coupons or circulars "You& FUTu&ll: HOROSCOPE FREE I TEN PAGES! BUY A PACKAGE OF CIIICOPEE Too.\Y, AND GET THIS VALUADLE HELP";

Facts being said horoscope wns not the individual horoscope of the purchaser, but a mimeographed form printed and distributed In large quantities, medicine in question was not composed of native Indian herbs, nor a cure, remedy, or competent and adequate treatment for diseases of the kidneys, liver, etc., as above set forth, statements that such medicine would relieve such diseases and conditions as above wet·e not warranted, and were lnnc· I CHICOPEE MEDICINE CO. 703I.

702 Complaint curate and misleading, it was not a wonderful remedy of nature, and aforesaid statements and representations in other respects were misleading in that they were inaccurate, exaggerated or entirely erroneous; With tendency and capacity to confuse, mislead and deceive members of the public into erroneous bellef that its said medicine was composed of native Indian herbs, and was a cure, remedy, or competent and adequate treatment for aforesaid various diseases and conditions, and that it would relieve the same as above set forth, and that it was a wonderful remedy of nature, effective from the very first dose, and that the aforesaid various other statements and representations as to nature, working, history, and effects thereof were true, and that such horoscope was the individual one of the person to whom furnished, and to induce members of the public to purchase his said medicine because of erroneous beliefs thus engendered, and to divert trade to him from competitors engaged as above set forth in sale of medicines of_ same general kind, etc., and with effect of diverting business to him from competitors who do not misrepresent therapeutic value of medicines sold by them or other facts in addition to and in connection therewith, but truthfully and accurately state therapeutic effects thereof, as well as other facts and matters connected therewith; to their substantial injury and prejudice:

lleld, That such acts and practices were to the prejudice of the public and comvctitors and constituted unfair methods of competition. Before Mr. lV. lV. Sheppard, trial examiner. Mr. Ilar7'1J D. Michael for the Commission. Mr. Justin 0. Burns, of Columbus, Ohio, 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 "\V. H. Bonifield, trading as Chicopee Medicine Company of 'Varren, Indiana has been and now 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 and states its charges in that respect as follows:

PARAGRAPH 1. Respondent ·w. H. Bonifield is an individual doing business under the trade name and style of Chicopee Medicine Com- Pany with his principal office and place of business in 'Varr·en, Ind. Respondent is now and for several years last past has been engaged in the sale and distribution of a product called "Chicopee Native Indian Herbs" to members of the public, either directly to the Purchasing public or indirectly through druggists. Said respondent in the course and conduct of his business ships or causes to be shipped or transported, his products, when sold by him from the State of 1G8121m--39----47 DECISIO~S704 FEDERAL TRADE COMMISSION Complaint 251~. T. C. Indiana or the State of origin of the shipment to the purchasers thereof located at points in various States of the United States other than in the State of Indiana or in the State of origin of the shipment. There is now and has been during all the times hereinbefore mentioned a constant current of trade in commerce in the product sold by the respondent between and among various States of the United States and in the District of Columbia. PAR. 2. In the course and conduct of his business respondent is now, and has been during all the times hereinabove mentioned, engaged in substantial competition with various other individuals, firms, and corporations selling or offering for sale medicines to members of the general public in the manner set out in paragraph 1 hereof in commerce among and between the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of his business, in soliciting the sale of and in selling the said "Chicopee Native Indian Herbst respondent makes use of and has made use of certain printed coupons or circulars which respondent causes to be transported from his place of business in Indiana to points in various other States of the United States where said medicine is offered for sale and where said coupons or circulars are distributed to and among the purchasing public. Respondent causes said medicine to be placed in cartons in which it is displayed for sale and sold to the public. Said coupons or circulars and the said cartons have printed thereon for the sole purpose of conveying the idea that said product is composed of Native Indian Herbs a pictorial representation of the generally accepted idea of an "Indian Medicine Man" preparing a concoction over a fire with the background of a wigwam; in addition to various statements and representations as to the contents of said medicine and its therapeutic value or effect. :Many of said representations and statements are misleading and deceptive in that they do not truthfully and accurately state all the contents of said medicine, nor do they truthfully and accurately state the therapeutic value thereof or greatly exaggerate the same. Among such statements and representations on said coupons or circulars are the following: Chicopee Indian Herbs !or kidneys, liver, bowels, stomach and run down condition-a real Indian tonic.

Rellen'fi constipation, piles, billousne>~s, La Grippe and colds In one day. Relieves weakness and tired out feeling, bladder and kidney trouble. Relleves pain in the neck, shoulders, side, back or hips In one day. Relleves bilious or sick hendnche In two hours; heartburn and palpltntlon o! heart at once; sick stomach, belching, gas on stomncb at once. Relieves lumbago and rheumntlsm, giving relief from pain; all female conl' plaint.

CHICOPEE MEDICINE CO. 705 702 Complaint Do you get up in the morning feeling worse than when you went to bed? Dlue? Look on the dark side of everything? Worry about trifles? Tired? Lazy? 1\Iouth taste bad? Take "Chicopee Indian Herbs" and see how quickly You will lose all those unpleasant symptoms. This wonderful remedy of nature starts with the very first dose and does its work surely, safely and quickly.

THE l\IEDICINE THAT NATURE GROWS. Chicopee Native Indian Herbs l~; a medicine gathered from nature's fields, and is a combination of roots, herbs, barks, berries and flowers. They have brought health and happiness to thousands.

Tile OLDEST AXD l\IOST HELIAllLE MEDICINE KNOWN. Wlll im- IJrove your health 100'/o in u few weeks time. Among such statements and representations on said cartons containing the medicine are the following:

Acts as a • • • tonic. • l<'or Acl1l stomaeh, lliliousness • • • • • • Uhenmatic Pains and Aches.

In truth and in fact said medicine is not a remedy for the ailments set forth in the above quotations from respondent's coupons or circulars and cartons nor does it~ therapeutic value warrant statements or representations "that it will give relief in such ailments." "Chicopee Native Indian Herbs" is not a wonderful remedy of nature, "that starts with the very first dose and does its work surely, safely and quickly;" "Chicopee Native Indian Herbs" is more than a combination of roots, herbs, barks, berries, and flowers in that it also contains drugs; "Chicopee Native Indian Herbs" is not the oldest and most reliable medicine known; will not improve your health 100 percent in n. few weeks' time. It is not "the medicine that nature grows"; and it has no value as a tonic. The herbs, barks, berries, and flowers in Chicopee Native Indian Herbs are not "Native Indian Herbs." PAn. 4. In the course and conduct of his business and in the lhanner described in paragraph 3 hereof, respondent caused to be Printed on said coupons and circulars referred to in paragraph 3 • hereof, the following false and misleading representation: Youu Ft:Tua~; Horoscope Fue&l TEN PAoEs! llUY A PACKAGE OF CHICOPEE TODAY. Alld GET THIS VALUABLE IIELP In truth and in fact the "horoscope" offered by respondent is not the individual horoscope of the purchaser, but a· mimeographed form that is printed and distributed in large quantities . . PAn. 5. The above and foregoing representations as to therapeutic value and effects of his medicine and as to the contents thereof, ns set forth in paragraph 3 hereof, and the representations as to the ''horoscope" offered to purchasers of said medicine, as set forth FEDERAL TRADE COl\Il\IISSION DECISIONS 706 Findings 25F.T.C.

in paragraph 4 hereof, in the course of his advertising, offering for sale and selling his medicine in commerce as aforesaid, have the capacity and tendency to mislead and deceive, and have misled and deceived, a substantial portion of the purchasing public into the erroneous belief that said medicine has general curative properties in restoring health without regard to the particular ailment; that it is a remedy for the diseases and ailments set out in said statements and representations quoted in paragraph 3 or that its use will give relief in such cases; that said medicine is composed only of herbs, barks, flowers, and roots, and that said roots are "Native Indian"; that said "horoscope" offered by the respondent to purchasers of his medicine is the individual "horoscope" of the purchaser; and thereby induce the said purchasing public to purchase a substantial quantity of the product of the respondent in reliance upon such erroneous beliefs. Thereby trade is diverted to the re- !:ipondent from other competitors who do not make such representations and thereby substantial injury is done by the respondent to ~ubstantial competition in commerce as aforesaid. . There are dealers and distributors of products similar in kind who sell and offer for sale their products and who do not in any way misrepresent the therapeutic value or curative properties of their ,product. There are dealers and distributors of products that are proper and have curative properties for the ailments set forth in paragraph 3 hereof, who do not in any way misrepresent their products.

PAR. 6. The above acts and things done or caused to be done by the respondent were and are each and all to the prejudice of the public and of respondent's competitors and constitute unfair methods of competition in interstate commerce within the meaning and intent of Section 5 of an Act of Congress, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and .for ' other purposes," approved September 26, 1914. REPORT, FINDINGS AS TO THE Facts, AND Onder 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 l\Iarch 10, 1936, issued and served its complaint in this proceeding upon respondent, ,V. H. Bonifield, trading as Chicopee Medicine Company, 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 CHICOPEE MEDICINE CO. 707 702 Findings filing of respondent's answer, the Commission, by order entered herein, granted respondent's motion for permission to withdraw said answer and to substitute therefor an answer admitting all the material allegations of the complaint to be true and waiving hearing on the charges set forth in said complaint, which substitute answer was duly filed in the office of the Commission. Prior to the filing of said substitute answer, said respondent had appeared at a hearing set for the taking of testimony and other evidence in said case, and had entered upon the record of such hearing his consent that the Commission, without further intervening procedure, might find the facts and issue its order to cease and desist based on the material allegations of the complaint. Thereafter, this proceeding regularly came on for final hearing before the Commission on the said complaint, the substitute answer and respondent's agreement entered of record, briefs and oral argument of counsel having been waived, 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 THE FACTS PARAGRAPH 1. Respondent, ,V, H. Bonifield, is an individual doing business under the trade name and style of Chicopee Medicine Com- Pany, with his principal office and place of business in the town of Warren in the State of Indiana. Respondent was for several years Prior to the issuance of the ·complaint herein engaged in the sale und distribution in commerce between and among the various States of the United States of a certain medicinal preparation known and described as "Chicopee Native Indian Herbs." Respondent's method of business was to sell said preparation either directly to members of the purchasing public or through druggists through whom it was sold to members of the public. Respondent, in the course and conduct of his said business, caused his said medicine, when sold by him, to be transported in commerce from his said place of business in Indiana, or the State of origin of the shipment thereof, to, into and through States of the United States other than Indiana, or other State of origin of shipment, to the purchasers thereof in such other States to whom it had been sold.

PAn. 2. During the time respondent conducted his said business, as aforesaid, other individuals, firms, and corporations in various States of the United States were engaged in the sale and distribution, in commerce between and among the various States of the United States Findings 25 F. T. 0. and in the District of Columbia, of medicines of the same kind or similar to that sold by respondent, or intended for and adapted to the treatment of various bodily ailments for which respondent's said medicine is adapted, or for which it is recommended by respondent, as herein set out. Such other individuals, firms, and corporations have caused and do now cause their said medicines, when sold by them, to be transported from the various States of the United States where they are located, to, into and through States other than the State of origin of the shipment thereof to the purchasers of the same in such other States. Said respondent was, during the time of the conduct of his business, as aforesaid, in substantial competition in interstate commerce in the sale of his said medicine with such other individuals, firms, and corporations.

PAR. 3. In the course and conduct of his business, respondent, in soliciting the sale of and in selling the said "Chicopee Native Indian Herbs," made use of certain printed coupons or circulars which he caused to be transported from his place of business in Indiana to points in various other States of the United States where said medi· cine was offered for sale and where said coupons or circulars were distributed to and among the purchasing public. Respondent caused said medicine to be placed in cartons in which it was displayed for sale and sold to the public. Said coupons or circulars and the said cartons had printed thereon a pictorial rl'presentation of the gener· ally accepted idea of an "Indian Medicine Man" preparing a concoc· tion over a fire with a wigwam as a background, together with various statements and representations in regard thereto, all of which, together with the name used to designate said medicine, rep· resented that said medicine was composed of native Indian herbs. RPspondent abo made many statements on said coupons or circulars which were misleadin,g in that they did not accurately state the therapeutic effects of said medicine, but greatly exaggerated the same, or represented it ns having therapeutic effects which it did not in fact have, or otherwise misrepresented the same. Among such state· ments on said coupons or circulars were the following: Chicopee Indian Herbs for kidneys, liver, bowels, stomach and run down condition-a real Indian tonic.

RPIIeves coust!patlon, piles, blllonfmess, La Grlp})e and colds in one day. Believes weakness and tired out feeling, bladder and kidney trouble. Relieves Ilaln in the neck, lihoulders, side, back or hips In one day. Relieves bilious or sick headache in two hours; heartburn and palpitation of heart nt once: sick stomach, brlchlng, gas on stomach at once. Relieves lumbago and rheumatism, giving relief from pain; all female conl• plaint.

CHICOPEE MEDICINE CO. 709 702 Findings Do you get up In the morning feeling worse than when you went to bed? Blue? Look on the dark side of everything? Worry about trifles? Tired? Lazy? Mouth taste bad? • • • Tal•e ChlcopPe InOiun Herbs • • • and see how quickly you will lose all those unpleasant symptoms. This wonderful remedy of nature starts with the very first dose and does its work surely, safely and quickly • "' "' THE MEDICINE THAT NATURE GROWS. Chicopee Native Indian Herbs is a medicine gathered from nature's forests and fields, a combination of roots, berbs, barks, berries and flowers, • • • They have brought health and happiness to thousands. THE OLDEST AND MOST RELIABLE MEDICINE KNOWN. Will Im- Prove your health 100% In a few weeks' time. Among such statements and representations on said cartons con- · taining the medicine, were the following:

Acts as a • • • tonic For Acid stomach, Biliousness • • • Rheumatic Pains and Aches. In truth and in fact said medicine is not composed of native Indian herbs. It is not a cure, remedy or competent and adequate· treatment for diseases of the kidneys, liver, bowels, and stomach or for run-down condition, constipation, piles, biliousness, la grippe, colds, weakness, tired-out feeling, bladder trouble, kidney trouble, pain in the neck, pain in the shoulders, pain in the side, pain in the back, pain in the hips, bilious headache, sick headache, palpitation of the heart, lumbago, rheumatism, or female complaints. General statements that said medicine will relieve such diseases and conditions, as above stated, are not warranted, and are inaccurate and misleading. Neither is it true or correct to say that said medicine is a Wonderful remedy of nature; that it is effective from the very first dose, that it does its work surely, safely and quickly; that it is composed wholly of roots, herbs, barks, berries, and flowers; that it brings health and happiness; that it is the oldest and most reliable medicine known; that it will improve health 100%; that it is the medicine that nature grows; that it is a tonic in a general sense; or that it will cure, remedy or relieve any ailment at once or in any ~tated time. Such representations are misleading in that they are tnaccurate, exaggerated or entirely erroneous. PAR. 4. In the course and conduct of his business, as aforesaid, respondent caused to be printed on said coupons or circulars pre- "\'iously referred to, the following misleading represenhttion: Youn FUTURE HOROSCOPE FREE! TEN PAGES! BUY A PACKAGE OF CUICOPEI!l TonA Y. ANn Grr Tms VALUABLE HELP In truth and in fact the "horoscope" offered by respondent was not the individual horoscope of the purchaser, but a mimeographed form that was printed and distributed in large quantities. 710 FEDERAL TRADE COl\tMISSION DECISIONS Findings 25F.T.C.

PAR. 5. The representations of respondent, as aforesaid, have had the tendency and capacity to confuse, mislead and deceive members of the public into the belief that respondent's said medicine is composed of native Indian herbs; that it is a cure, remedy or competent t\nd adequate treatment for diseases of the kidneys, liver, bowels, and stomach, and also for run-down condition, constipation, piles, biliousness, la grippe, colds, weakness, tired-out feeling, bladder trouble, kidney trouble, pain in the neck, pain in shoulders, pain in the side, pain in the back, pain in the hips, bilious headache, sick headache, palpitation of the heart, lumbago, rheumatism, and female complaints; and that it will relieve such diseases and. conditions as above stated; when, in truth and in fact, such are not the facts. Such representations further had the tendency and capacity to confuse, mislead and deceive members of the public into the belief that said medicine is a wonderful remedy of nature; that it is effective from the very first dose; that it does its work surely, safely and quickly; that it is composed wholly of roots, herbs, barks, berries and flowers; that it bring-s health and happiness; that it is the oldest and most reliable medicine known; that it will improve health 100% ; that it is the medicine that nature grows; that it is a general tonic; that it will cure, remedy or relieve bodily ailments at once or in a specified time; and that the horoscope offered, as afon•said, was the individual horoscope of the person to whom it was furnished; when, in truth and in fact, such were not and are not the facts. Said representations of respondent had the tendency and capacity to induce members of the public to purchase respondent's said medicine because of the erroneous beliefo engendered, ns above set forth, and to divert trade to respondent from competitors engaged in the sale, in interstate commerce, of medicines of the same g-general kind ns that sold by respondent, as well as those so engaged in such sale of medicines adapted to and used for the treatment of the various ailments nnd conditions for which rrspondents said medicine is adapted or for which he recommends his said medicine ns aforesaid. There were and are, among the competitors of respondent, those who do not misrepresent the therapeutic properties and effects of the medi~ cines sold by thrm or other facts nnd conditions in connection therewith, but who truthfully and accurately state the therapeutic effects of the same as wrll as otlwr facts and matters connected therewith. Respondent's said acts and practices tended to and did in fact divert business to respondent from his said competitors, to the substantial injury and prejudice of such competitors.

CHICOPEE MEDICINE CO, 711 '102 Order CONCLUSION The aforesaid acts and practices of the respondent, ,V, H. Bonifield, trading as Chicopee Medicine Company, 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 26, 1914, entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes."

ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer filed ~erein by the respondent, dated May 12, 1937, admitting all the material allegations of the complaint to be true and waiving hearing on the charges set forth in said complaint, and also on said respondent's ~onsent, entered of record, that the Commission, without further Intervening procedure, might find the facts and issue its order to cease and desist based on the material allegations of the complaint; ~nd the Commission having made its findings as to the facts and Its conclusion that said respondent has violated the provisions of an A.ct 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."

It is ordered, That the respondent, ,V, H. Bonifield, trading as Chicopee Medicine Company, or trading under any other trade name ?r under his own name, his representatives, agents, and employees, In connection with the o:fferin(l' for sale, sale and distribution of "Chicopee Native Indian Herbs," or of a medicine of the same or substantially the same formula under any other name, in interstate commerce or in the District of Columbia, do forthwith cease and desist from representing:

1. That said medicine is composed of native Indian herbs, or that it is composed entirely of herbs or other vegetable products. 2. That it is a cure remedy, or competent and adequate treatment f?r diseases of the kidneys, liver, bowels, or stomach; or for constipahon, piles, biliousness, la grippe, colds, weakness, run-down condition, tired-out feeling, bladder trouble, kidney trouble, pain in th~ neck, pain in the shoulders, pain in the side, pain in the back, Phln in the hips, bilious headache, sick headache, palpitation of t e heart, lumbago, rheumatism; or for female complaints or diseases; or that it will give relief in said diseases and conditions Order 25F. T. C.

above named; or that it will relieve any ailment or abnormal bodily condition in one day or in any definite time. 3. That it is a wonderful remedy of nature; or that it is effective from the very first dose; or that it does its work surely, safely, and quickly; or that it brings health and happiness; or that it is the oldest and most reliable medicine known; or that it will improve health 100 percent; or that it is a medicine that nature grows; or that it is a general tonic; or that it will relieve any ailment at once. 4. That printed horoscopes, made out in advance in large numbers, are th~ individual horoscopes of persons to whom they are sent. It is further ordered, 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 nnd form in which he has complied with this order.

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