Adah Alberty

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IN THE MATTER OF ADAH ALBERTY, TRADING AS ALBERTY'S FOOD PRODUCTS, ETC.

CO~IPLAINT, I<'INDINGS, AND ORDER IN REGAIW TO Tile ALLEGED VIOLATIOI'i OF' SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 2<l, lVU Docl;et 1!875. Complaint, July 11, 1936-Decision, Nov. 8, 1937 ·where an individual engaged in sale,•under various trade munes, of numeroufl baby foods and health preparations purchased by her from various manu· facturing druggists and chemists throughout the United Stutes and there· after packed, bottled, labeled and sold through medium of wholesale lou~e~. and through doctor~ and health food stores, principally, located through· out the various States, and, us thus engaged in distribution of her said preparations in commerce among the various States, in substantial conl· petition with others engaged In Interstate sale of such foods and prepa· rations recommended for use in treatment of vat·ious conditions and ail· ments for which her respective products were sold and recommended; in exten~ively advertising the same through newly'llUllet·s in various cities anl health maaguzlnes, and through booklets and pamphlets describing her said products and furnished to food stores and by them dbtrilmted to public, and through advertising cuts fumislwd to recognized dealers for use In local newspaper advertising, expense of whleh she nss1m1rd In whole or half, as case might be- (a) Falsely represented that her "Hegular Alberty's Foot]," "Phosvlmte Pellets.'' "Calcatlnc Pellets," "Cheno Combination Tablets," and "Spleen and Iron 'tablets" had therapeutic value, facts being such 11repllrutlons, by virtue of the composition thereof, were without therapeutic value and might. in the case of two of said products, have detrimental effect Ju certain case~ or result in strychnine poisoning If long coutlnue<l in usc, and especially in case of children ;

(b) Falsely represented that her "Laxative mend" and "IIemoglol>in Tonic Tablets" had therapeutic value, and that fot·mer affected the mw;cles of the Intestines and latter would produce l>lood reg-enerntlon, facts being former did not thus stimulate such muscles in the physiological sense, or affect said muscles, other than as they might be affected by the cathartic Senna Ingredient, and only active constituent thereof, latter preparation would not produce blood regenemtlon nor act as a tonic, 1111d both were with· out therapeutic value;

(c) Falsely represented that her ~<aid preparation "Cheno," by virtue of tlJe composition thereof, would bring about weight reduction, notwithstanding prepllration in question contained no iugredient whith, in anti of It~cJf, CllU!Wil or prodncP!I any reduction in weight of person n-:iug the same; (d) Falsely represented that her "Old Style" Food aud other Food, ~>old undl'l' her personal trade name, were foods with special therapeutic values, and that latter relmllt the lntestlual tract, was only food so to do, eliminated rickets and other calrlum starvation dise:u;es in people, aud so modified milk that calcium element was assimilated, and that through use thereof ALBERTY'S :FOOD PRODUCTS, ETC. 1365 1304 Syllabus more calcium and phosphorus were stored in the body than through use ot three or four times the quantity of ordinary milk, and that It was the only food discovered which offsets acidosis, and was most powerful alkaline food known, notwithstanding fact former preparation, composed in part ot skimmed milk, had no special thempeutlc value beyond such value as ordinary milk might have as food, and use thereof could possibly cause gnstrointestinal disturbances, her said so-called "New Style" Food was made from condensed milk combined under certain process with her socalled Food, and her said Food was not necessarily such and had no special therapeutic value beyond that of ordinary milk; (e) Misrepresented cause and effect of excess of magnesium In the body and character and prorJerties of said substance, anu effect on the system of a lack thereof, and results and benefits accruing from the taking thereof, and falsely represented that she was the first version in the United States to recognize Its value, and that It was a great rejuvcnative agency and that the taking of her said Food supplied the necessary calcium to the body in Proper quantities, and that stunted growth, tooth llecay, acidosis, sickness, suffering, premature old age and death were due either to lack of, or inabillty to assimilate, calcium;

(f) Deceptively represented that the spleen controls the sex organs, and that acid fruits or vinegar, as "foreign acids," destroy red blood corpuscles and have detrimental effect on the spleen, and that acidosis is one of the contributing causes of warning sex life, and that her gland treatment would Produce or bring about henetlcial results to user; (g) Deceptively represented that bh;muth subnitrate bad n soothing effect on the dlgesth·e tract and was a valuable harmless remedy, and that gall bladder should never be removed· (h) Represented that her various ~roducts had a value and efficacy which they did not possess, through citing case histories of supposellly dh<interested parties relating to such matters as asserted value of calcium and lwr said Food and treatment and reducing preparation, without disclosing fact that subjects thereof were parties in interest, and through citing such cases, histories of which were not true, and through use of testimonials Which were untrue in fact or not given by 1)ersons allt>ged to have given testimonials in question; and (t) Represented, through use of word "laboratory" and references to discoveries by her said "laboratories" and through other references thereto, and their allrged Part In discovery, etc., of preparations in question, and through her trade name and otherwise, that she conducted, operated, or maintained a laboratory for the purvo~:~e of manufacturing, testing and experimenting With the various preparations sold by her, notwithstanding fact she did 110t own, operate or maintain any laboratories or manufacture or test any W of her said various preparations· ith capacity and tendency to mls{fad and deceive the public into the erroneous and untrue belief that the various prPparatlons sold and distributed ~Y her had great therapeutic value, antl that use thereof would result in t"enetlt to the user, and to induce purchasing public to buy said prepara· Ions in preference to otlwrs designed and sold for the treatment of the various ailments for which her respective products were recommended a;d otYererl, by manufacturers, retailers, and distributors, and with result unfairly diverting trade to her from such manufncturer!', retailers, or Complaint 2l:iF.T.C. distributors of such other preparations, and who do not misrepresent tbe character and quality of their own respective products or the results to be obtained from the use thereof:

lleld, That such acts and practices were to the prejudice of the public and competitors and constituted unfair methods of competition. Before llfr. Charles P. Vici:ni, trial examiner. llfr. Reuben J. Martin for the Commission. Mr. W. I. Gilbert, Jr., of Los Angeles, Cali£., for respondent. Complaint 1 Pursuant to the provisions o£ 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 Adah Alberty, trading as Alberty's Food Products, Alberty's Food Lab., Alberty's Food Laboratories, The Alberty Food Laboratories, Cheno Laboratories, Cheno Products, and U. S. Okey, 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 thereto would be in the public iutt'rest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Said respondent, Adah Alberty, is an individual 1 trading and doing business under the names and styles of Alberty's Food Products, Alberty's Food Lab., Alberty's Food Laboratories, The Alberty Food Laboratories, Cheno Laboratories, Cheno Prodnets, and U. S. Okey, with her office and place of business located at 729 Seward A venue in the city of Hollywood, within the State of California. Said respondent is now and for more than three years last past has been engaged in the sale of a number of baby foods tmd health preparations under various trade names, and in the distribution thereof between and among the various States of the United States. Respondent causes said baby foods and health preparations, when sold by lwr, to be transported in interstate commerce to the purchasers thereof locatt'd in the various States of the United States. There is now, and for more than three years last past has been, a constant current of trade and commerce by respondent in said baby foods and health preparations between and among the various States of the Unitt>tl States. In the comse a])(l coJH]uet of her businpss 1 The complaint as published omits, In the lntere~t of brevity, numerous quoted, alleged, false, decPptlve and miHieadlng statements set forth nt length In rar. 4 thereof, allegedly made by respondent concerning the thera)J('utlc value nnd benefits to be achieved by using the same, said various quoted matter, thus omitted, being set forth verbatim In correspondingly numbered paragraph of the findings, Infra, at page 1372. ALBERTY'S FOOD PRODUCTS, ETC. 1367 1364 Complaint the said respondent is now and for more than three years last past has been in substantial competition in commerce between and among the various States of the United States with various other individl~als, firms, partnerships, and corporations, engaged in the interstate sale of baby foods and health preparations. · PAn. 2. Among the various baby foods and health preparations sold by said respondent are preparations known and designated as follows:

Regular Alllerty's Food Instant Alberty's Food-(old form) Instant Alberty's Food-(new form) Alberty's Phosphate Pellets-(formerly called Nerve Food Pellets) Alberty's CA-l\10-(formerly called Calcatlne products) Alberty's Laxative Dlend-(formerly called German Herb Lax-Tonic) Cheno Combination Tablets-(formerly called Hestorex Cheno Tablets) Chena Phytolacca Berry Juice Cheno Herb Tea Alberty's No. 3 Tablets-(formerly called Alberty's Spleen and Iron Tablets) Alberty's Special Formula Tablets-(formerly called Hemoglobin Tonie T tablets) Alberty's Labara Tablets-(fornlf'rly called Labara cell salts) Alberty's Herb Laxative Alberty's Vegetable Compound Capsules . Alberty's Phenix Pluri-Gland Tablets for Women Alberty's Phenix Pluri-Gland 'tablets for Men Multo-De Alberty's Dextrose Concentrated 1\Jeloripe Banana Powders Alberty's Cero-Fig Coffee ~ll of said preparations are manufactured for said respondent by vanous manufacturinO'o druO'o·istsot:> located throu!!hout~ the UnitedS states and are purchased from said manufacturers by said respondent. Said preparations are packed and bottled by said respondent ~~ are then labelled and sold by said respondent throughout the lllted States throuo-h wholesale houses and doctors and principallyth b rough health food stores located throughout the various States of It te Dnitc<l States. h P~n. 3. In the regular course and conduct of her business, as . erembefore set out in paragraph 1, said respondent has been and now 1 ~ ~ngaged in extensive advertising as a means of furthering and ~ldmg in the interstate sale and distribution of the various baby 00~ 8 and health preparations sold and distributed by her. As lllcdla of advertising said respondent has used and is now using news- Papers. located in various cities throughout the United States, health lllagazmes, booklets, and pamphlets.

1368 FEDERAL TRADE COl\Il\IISSION DECISIONS Complaint 25 F. T. C. In advertising the various preparations sold by her, said respond· ent furnishes booklets and pamphlets describing said products to the various food stores and these booklets and pamphlets are in turn distributed by the said food stores to the public. Respondent also furnishes advertising cnts to certain recognized dealers who insert the advertisements in local newspapers in the cities in which they are located. In some instances said respondent pays the entire expense of the newspaper advertisements, and in other instances said respondent pays one-half of the expense of the advertising. PAR. 4. Said respondent, in her said advertisements of baby foods and health preparations sold by her, has made and is now making various false, deceptive, and misleading statements concerning the therapeutic value and benefits to be achieved by using said baby foods and health preparations sold and distributed by said respondent, among which said false, misleading, and deceptive statements are the following: 2 PAR. 5. Said respondent, Adah Alberty, in the regular course and conduct of her said business trades under various names, among which are Alberty's Food Lab., Alberty's Food Laboratories, The Alberty Food Laboratories, and Cheno Laboratories, whereas in truth and in fact said respondent does not maintain or operate any laboratory, does not manufacture the products sold and distributed by her, and does not test any of the said products, but confines her activities to pack· ing, bottling, and labelling the said preparations which are bought by her in bulk from various manufacturers. PAR, 6. The use by the said respondent, Adah Alberty, trading as Alberty's Food Products, Alberty's Food Lab., Alberty's Food Laboratories, The Alberty Food Laboratories, Cheno Laboratories, Cheno Products, and U. S. Okey, of the foregoing false, deceptive, and mis· leading representations alleged to be used by the said respondent in paragraph 4 hereof, and the use by the said respondent of said varis Tbe quoted mutter which follows here at length, dealing with the asserted therapeutic value and benefits to be obtained by using said preparations, Is, with the five exceptions below set forth, reproduced verbatim In the correspondingly numbered paragraph of tho findings, Infra, at pape 1372, and Is arcol'(Jlni!IY omlttPd hPrP In the lnh•rest of brevity, the five exceptions referred to being 88 follows, namPiy : Laboratory tests show that magnesium and not calcium Is the mineral which deposits Itself wherl'ver conven!Pnt, It being a &!'dative, slugj:!lsh, lazy mineral. Calcium Is the most dllllcult, being a "peppy," quick-acting mineral. Mrs . .Alberty, of the .A'berty Uiboi'Otorles, who bas ~pent her life In the study of dietetics, di~C'covered the "miRRing link." Today our streets are tilled with men and women of small stature--many of thePI less than five feet tall. They are weak, prcmatu1·ely old, toothless, and bald-headed, and yet many are not old In years.

Sickness, suft'erlng, premature old age, and death, Is due to either a lack of calcium In tbe dully diet, or else the Inability to assimilate it. ALDERTY'S FOOD PRODUCTS, ETC. 1369 1304 Findings ous trade names containing the words "laboratory" and "labora.tories" as alleged in paragraph 5 hereof, have had and do now have the capacity and tendency to mislead and deceive the public into the erroneous and untrue belief that the various baby foods and health preparations sold by said respondent have great therapeutic value and that the use of the same will result in material benefit to the use:, and that the said respondent maintains and operates laboratories where said products are manufactured and tested by her, and has thereby induced, and does now induce, the consuming public and especially that portion of the public which purchases baby foods and health preparations, acting in said erroneous belief, to purchase the baby foods and health preparations sold and distributed by said respondent in preference to baby foods and health preparations offered for sale by manufacturers and other distributors of baby foods and health preparations who do not falsely, deceptively and misleadingly advertise their said products. As a result of such false, deceptive, and misleading representations on the part of said respondent, and contained in various books and pamphlets, instrumentalities are placed in the hands of food stores and dealers throughout the country who, by distributing the same to the public, thereby are enabled to dispose of respondent's products in preference to products which ar.e truthfully advertised. As a result of such false, deceptive and ~llslea~ing representations on the part of said respondent, trade has een diverted to respondent from such manufacturers and distributors. of baby foods and health preparations who do not falsely, de- :ephvely, and misleadingly advertise their products, and thereby Injury has been done, and is being done, by said respondent. ~An. 7. Said false, deceptive, and misleading representations of ~aid respondent contained in her advertising have resulted in injury 0 • respondent's competitors and to retail dealers and distributors, and In prejudice to the buying public, and constitute unfair methods of ~ompetition in commerce within the intent and meaning of Section an Act of Congress, approved September 26, 1914, and entitled";f n Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes."

REPORT, FINDINGS AS TO 'tiie FACTS, AND ORDER t Pursuant to the provisions of an Act of Congress approved Sepe~~er 26, 1914, entitled "An Act to create a Federal Trade Com- ~Ission, to define its powers and duties, and for other purposes," ~Federal Trade Commission, on the 11th day of July 1936, issued an served its complaint in this proceeding upon the respondent, 1370 FEDERAL TRADE COl\11\IISSION DECISIONS Findings 25F.T.C· Adah Alberty, an individual trading as Alberty's Food Products, Alberty's Food Lab., Alberty's Food Laboratories, The Alberty Food Laboratories, Cheno Laboratories, Cheno Products, and U. S. Okey, charging her 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 o£ said complaint were introduced by Reuben J. Martin, attorney for the Commission, before Charles P. Vicini, an examiner o£ the Commission theretofore duly designated by it, and in opposition to the allegations of the complaint by ,V. I. Gilbert, Jr., attorney for the respondent; and said testimony and other evidence were duly recorded and filed in the office of the Commission. Thereafter the proceeding regularly came on for final hearing before the Com· mission on the said complaint, the answer thereto, testimony and other evidence, and briefs in support of the complaint and in opposition thereto, counsel for the respondent having not requested oral argument; 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 Tile FACTS P.\H.\GRAPH 1. The respondent, Adah Alberty, is an individual trading and uoing business since September 1935, under the name and style of Alberty's Food Products. Prior to September 1935, said respondent conducted her said business under the names of Alberty's Food Lab., Alberty's Food Laboratories, The Alberty Food Laboratories, Cheno Laboratories, Cheno Products, and U. S. Okey. Respondent maintains her office and place of 'business at 729 Seward A venue in the city of Hollywood within the State of California. The respondent is now, and for more than three years last past has been, engaged in the sale of a number of baby foods nnd health preparations under various trade names, and in the uistribution thereof in commerce between and among the various States of the United States. Respondent causes said baby foorls and health preparations, when solu by her, to be transported from her aforesaid place of busine:s in the State' of California to the purchasers thereof located in the vall· ous States of the United States other than California. There is now, and for more than three years last past has Leen a constant current of traue anu conunerce by respondent in said Laby foods anu health preparations between and nmong the various States of the United States. ALBERTY'S FOOD PRODUCTS, ETC. 1371 1364 Findings In the course and conduct of her business, the responent is now, and f?r m.ore than three years last past has been, in substantial competition lll commerce between and among the various States of the United States with various other individuals, firms, partnerships, and corporations engaged in the interstate sale of baby foods and health preparations recommended for use in the treatment of the various conditions or ailments for which respondent's respective products are sold and recommended.

PAR. 2. Among the various- baby foods and health preparations sold by said respondent are preparations known and designated as follows: Regular Alberty's Food; Instant Alberty's Food (Old Form); Instant Alberty's Food (New Form); Alberty's Phosphate Pellets (formerly called Nerve Food Pellets); Alberty's Ca-Mo (formerly called Calcatine Products) ; Alberty's Laxative Blend (formerly called German Herb Lax-Tonic); Cheno Combination rablets (formerly called Restorex Cheno Tablets); Cheno Phytoacca Berry Juice; Cheno Herb Tea; Alberty's No. 3 Tablets (formerly called Alberty's Spleen and Iron Tablets); Alberty's Special rormula Tablets (formerly culled Hemoglobin Tonic Tablets) ; Alberty's Labara Tablets (formerly called Labara Cell Salts); Alerty's Herb Laxative; Alberty's Vegetable Compound Capsules; Alberty's Phenix Pluri-Gland Tablets for Women; Alberty's Phenix Pluri-Gland Tablets for Men; Malto-De; Alberty's Dextrose; Concentrated l\Ieloripe Banana Powder; Alberty's Cero Fig Coffee. ~ll of said preparations are manufactured for said respondent by • manufacturincr0 drucrcrists00 and chemists located throurrh~ theUVariousf mted States, and are purchased by the respondent from said manuacturers. Respondent packs, bottles, and labels said preparations, and sells them throucrhout the United States through the medium ~f Wholesale houses ~nd doctors, and principally through health Soodtates.stores located throucrlwuto the various States of the United PAn. 3. In the recrular cour~>e and conduct of her business, ref'Ponclent has been, :;Hl now is encra<Yed in extensive advertising as :. means of furthering and aidi~g i~ ~he interstate sale and distr·ibu- {?n of the various baby foods and health preparations sold and < Jstributed by her. As media of advertising, said respondent has llsed and 1' • d · · · · l h ' s now usmg, 11newspapers locate m vanons cltles t 1roug -out tl u ·I le luted States, health magazines, booklets, and pamphlets. 11f a~ vert ising the various preparations sold by her, said respondent .ur~ushcs booklets and pamphlets describing said products to the 'arions food stores, and these booklets and pamphlets are in turn 1372 FEDERAL TRADE CO:Ml\IISSION DECISIONS Findings 2i3F.T.C.

distributed by the said food stores to the public. Respondent also furnishes advertising cuts to certain recognized dealers who in~ sert the advertisements in local newspapars in the cities in which they are located. In some instances, said respondent pays the entire expense of the newspaper advertisements, and in other instances said respondent pays one-half of the expense of the advertising. PAn. 4. The respondent, in her said advertisements of baby foods and health preparations sold by her, has made, and is now making1 various statements concerning the tMrapeutic value and benefits to be achieved by using said baby foods and health preparations sold and distributed by respondent, among which said statements are the following:

It (Alberty's Food) rebuilds the intestinal tract and is the only food yet discovered that does.

It was proved that magnesium excess is caused either by certain home remedies, or dietary errors, foods rich in magnesium and low in protein and calcium. l\lagnes!um gradually accumulates in every portion of the body as calcium l<"ssens-cuusing add excess and a dormant condition of cells, tissues and uerve shafts.

The gall bladder should never be removed.

The Alberty Laboratories were the first t·oncern in the United States to recognize the real l'value of this wondc>rful life-giving substance--calcium. Over 800,000 people will die this year from preventable discnsPs caused bY faulty diet! The splec>n seems to take first place in connection with the sex organlsnl. For instance, when women in advanced cases of anemia cease to menstruate, the spleen is the first organ in the body involved. The spleen must first be aroused into activity before normal sex life can fully be restored. Acidosis is one of the contributing causes of warning sex life. Acid fruits or vinegar being "foreign acids", have a detrimental effect on the spleen, de~troying red blood corpuscles. Alberty's foods is the combination that unlocks this wonder-working calcium, exposing the "Guarded Treasure" to the digestive juices. Never before has anyone thought of, or attt•mpted to combine a nerve restorer with a gland rejuvenator.

It has been fluid that 1\Irs. Alberty's discovery will revolutionize gland treatment.

Spernrn (from the intet·stltlal cells of Leydig). It increases dynamos-muscular, nervous and sexual, and it hemor<timulateR the gonads. Its effect on the sex organi~m is very marked and never fails to give satisfactory results. The <'lmse of stunted growth, tooth decay, aeidosis, sickne~s, suffering, premature old age and death, is due to either a lnck of calciulll in the dillly diet, or el~<e the inability to assimilate it.

That Alberty's Food eliminates rickets and other calcium-starvation dispusrs in both children, adults and animal~, Is now being recognized by many physicians throughout the United States.

That Alberty's Food does modify milk so that the calcium element is assimilated is a pronn fuel beyond dispute.

ALllERtY'S FOOD PRODUCTS, ETC. 1373 1364 Findings Tests have proved condusively that more calcium and phosphorus are stored up in the body in normal amounts, by using Alberty's Food e,·en when the Intake of ordinary milk is three or four times greater than the quantity of Alberty's Food used.

Long ago, the Alberty Laboratories discovered that calcium was a great rejuvenating agency. People taking the Alberty 'I'treatment lool,ed years Younger and felt that way.

Alberty's Food is the only food ever discovered that does offset ncidosis. Acidosis cnn only he neutralized by a powerful alkaline--the Alberty ComiJination makes the most powerful alkaline food known. llismuth subnitrate has a soothing effect on the digestive tract and is a valuable harmless remedy.

The above and fm.:egoing representations made by said respondent ~·oncerning her said baby food and health preparations and contained In her advertisements thereof are extravagant and misleading andt the~·efore, necessarily deceptive.

~ AR. 5. Respondent does not own, operate or maintain any labora- ~ories, and she does not manufacture or test any of the various baby ~o~ds and health preparations which are sold and distributed by her In lllterstate commerce.

PAR. 6. Respondent's preparation, Labara Pellets are homeopathic pellets known as "N atrum Sulphate."

Re.spondent's preparation, Alberty's Phosphate Pellets are homeopat~nc pellets composed of lftooo grain each of potassium phosphate, sod~um phosphate, iron phosphate, and calcium phosphate. Medical testimony is that these pellets are a polypharmacal mixture of unsoluble phosphates of calcium, iron, soda and potassium and that the do~es contained therein are too small to do any good and the preparation is without therapeutic value.

Respondent's preparation, Calcatine Pellets, are homeopathic pellets known as Calca-Phosphate. Medical testimony shows that sa,id pellets contain a trace of calcium phosphate 'which is the least soluble form of calcium and that they do no good anJ have no therapeutic value.

Respondent's preparation, Alberty's Laxative Dlend (formerly called German Herb Lax-Tonic) consists of Elder flowers, Ononis ~oot, Buchu Leaves, Gnaiac wood, Shave grass, Yarrow, Althea leaves, J> nck tho.rn, Uva-Ursi leaves, Dog grass, Nettle leaws, Licorice root, eppermmt, Sassafras bark, Anise seed, Fennel seed, and Senna1 leaves. Medical testimony is that this preparation is a mixture of ten crude drugs and that the only active constituent is Senna which is a c~thartic. The remainder of the constituents of the preparation are ~h=olete and. arp. without additional value. The ca.~hartic ac~ion of preparatwn Is clue to Senna but the Senna contamed therem does Findings 25F. T.O.

not stimulate the muscles of the intestines in the physiological sense of stimulation and the preparation is without therapeutic value. Respondent's preparation, Cheno Combination Tablets, (formerly called Resto rex Cheno Tablets) are composed of dehydrated vegetables containing Dulse, Okra, Irish moss, Rhubarb root, Celery, Spinach, Homeopathic calca phos, and combined phosphates. Medical testimony is that this preparation is without any therapeutic value.

Respondent's preparation, Alberty's Spleen and Iron Tablets, now known as Albertis No. 3 Tablets, are composed of Spleen substance, 1 grain, Reducing Iron, 14 grain, Gadual, % grain, Zinc Phosphate, lho grain, Berberine Sulphur· Neutral, lh2 grain, Ginger, % grain, Strychnine, V!JGo grain. :Medical testimony is that said preparation is a polypharmacal mixture of a number of obsolete drugs. The only ingredient claimed to be present in the preparation which would in any way have some value is iron but the quantity claimed to be present is too small to be of any significance and the preparation is without therapeutic merit or value. 'Vhile the strychnine contained therein is claimed to be only V960 of a grain, strychnine is a powerfully acting drug when used in sufficient doses and if the preparation were used over a long period continually and especially by children, it could result in :,;trychnine poisoning. Respondent's preparation, Alberty's Special Formula Tablets (formerly called Hemoglobin Tonic Tablets) according to medical testimony have no therapeutic value. Its use will not produce blood regeneration and the use of it would not net as a tonic. Respondent's preparation, Regular Alberty's Food, is composed of cereals, mainly wheat, which is combined with organized calciunl phosphate which is prepared from finely ground beef bone. Medical testimony is that the composition of the preparation is such as to indicate that the mixture is not necessarily a food an<l that it has no therapeutic value. The use of the preparation might have a detrimental effect on some persons, especially if the wheat claimea to he therein is whole wheat.

Respondent's preparation, Old Style Instant Alberty's Food is partially skimmed milk prepared with Alberty's Food dried on steam rollers. 1\Iedical testimony is that said preparation would not have any special therapeutic value any more than ordinary milk might have as a food and that its use could possibly cause gastro-intestinal distmbances.

Respondent's preparation, New Style Alberty's Food, is made froiU con<lensed ordinary milk combined with Alberty's Food run through ALBERTY'S FOOD PRODUCTS, ETC. 1375 13G4 Findings a homogenizer and visculized spray dried. Medical testimony is that Alberty's Food is not necessarily a food and that it has no special therapeutic value beyond that of ordinary milk. Respondent's preparation, Cheno Herb Tea, is composed of Kelp bea~ shells, Licorice, Peppermint, Black elder bark, Anise Seed, Coriander seed, Fennel seed, Chickwood, Sassafras bark, Rest-harrow, Senna, and Ivy. Medical testimony is that said preparation does not contain any ingredient which in and of itself causes or produces any reduction in weight in the person using said preparation . •PAR. 7. Respondent, in a booklet entitled "Calcium-The Staff of L~fe", which said booklet was written by the respondent and is dist~·Ibuted by her in aid of the sale of her said preparations, in connech.on with various photographs contained therein, gives the case history of various users of her said preparations and states what are P~rported to be the results obtained by the respective users of her said preparations. The photographs exhibit persons either in apparent health or for the purpose of contrasting the apparent compa.rative health of the person, exhibits the persons before and after USing the preparations.

In one case respondent misrepresents the condition of the patient after taking her preparation in that she represents the patient to ha.ve been suffering with ulcers in the duodenum and pylorus, as bemg forced to live on a liquid diet and being unable to work, and that after taking Alberty's Food he was able in three weeks' time to go to work, in two months' time he had gained eight pounds, and <"an now eat solid food and works every day. As a matter of fact, ~he patient, after using her treatment, is still suffering with ulcers In the duodenum and pylorus, he was unable to go to work within three weeks after starting Alberty's Food, and although he gained some weight he was, at the same time during which he took respondent's treatment, living on a diet and following practices that would naturally tend to increase his weight, and he was unable in two months to work every day and eat solid food. I~ said pamphlet, respondent also represented that a certain Albert Smith, suffering from an advanced case of tuberculosis which had Produced a large cavity in his lung, was treated by the use of Alberty's Food, and that after one week's use of said Food there was ~:>uch an improvement in the patient that the attending physician was amazed, that the improvement continued, and that the patient was no~ "back home established in business." She also represented that Prior to the beginning of the treatment, a noted lung specialist had stated that the patient Smith's case was hopeless. As a matter of 1~8121m--30----S9 Findings 25 F.T.C· fact, the patient was not visited by a lung specialist, and the person referred to in respondent's statement as a lung specialist was, in fact, a doctor of osteopathy and a doctor of divinity. There was not such improvement as to "amaze" the attending physician, and said product, Alberty's Food, did not and could not have produced the therapeutic effects and benefits represented in respondent's booklet. In said pamphlet, respondent gives the case history of a child using the Alberty treatment who, at the age of thirteen years, was 4 feet 9 inches in height and weighed 77 pounds, and at the age of fourteen years was 5 feet in height and weighed 93 pounds, which case history purports to be the history of a disinterested person whereas, in truth and in fact, the history reported is that of the grandchild of said respondent. Further, the said Alberty's treatment did not and could hot have produced the therapeutic benefit and effect claimed for it in this case.

In the booklet "Cheno-Keep or Regain that Youthful Figure,'' written by said respondent and distributed by her in aid of the sale of her said products, respondent gives the case history of a patient who took Cheno Tablets for the purpose of reducing her weight. Said booklet contains a testimonial purported to have been written by the user of said preparation. In truth and in fact, the said testimonial was not written by the user of said preparation, nor were the results claimed to have been obtained by the said testimonial in truth and in fact so obtained. The use of the preparation Cheno did not and could not have produced the beneficial and therapeutic results and effects attributed to it by said testimonial and, in truth and in fact, the loss in weight brought about was produced by a strict diet, extending over a period of months, and strenuous exercise. PAR. 8. The advertisements and representations made to the purchasing public by the respondent, as hereinbefore set out in paragraph 4, are false and misleading. They have had, and do now haver the capacity and tendency to mislead and deceive the public into the erroneous and untrue belief that the various preparations sold and distributed by the respondent have great therapeutic value and that the use of said products will result in benefit to the user, and to induce such purchasing public to purchase said preparations in preference to other preparations designed and sold for the treatment of the various ailments for which respondent's respective products are recommended and offered for sale by manufacturers, retail dealers and distributors. The result of such false, deceptive and misleading representations on the part of said respondent is to unfairly div~rt trade to said respondent from such manufacturers, retailers, or dis- ALBERTY'S FOOD PRODUCTS, ETC. 1377 1364 Order tributors of other preparations for use in treating the various ailments for which respondent's respective products are recommended, who do not misrepresent the character and quality of their respective products or the results to be obtained from the use thereof. CONCLUSION The aforesaid acts and practices of the respondent, Adah Alberty trading as Alberty's Food Products, Alberty's Food Lab., Alberty's Fo?d Laboratories, The Alberty Food Laboratories, Cheno Laboratories, Cheno Products and U. S. Okey, are to the prejudice of the public and competito;s of the respondent, 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, a·nd for other purposes." ORDER TO CEASE AND DESIRT . This proceeding having been heard by the Federal Trade Conunis- Sion upon the complaint of the Commission, the answer of respondent, testimony and other evidence taken before Charles P. Vicini, an e:x:aminer of the Commission theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto and the briefs filed herein, the respondent not having requested oral :argument, and the Commission having made its findings as to the acts and its conclusion that said respondent, Adah Alberty, has vio-1 ated the provisions of an Act of Congress approved September 2G, ~91 4, ~ntitled "An Act to create a Federal Trade Commission, to efin~ Its powers and duties, and for other purposes." i /~ ~ ordered, That the respondent, Adah Alberty, an individual, ~dividually, and trading as Alberty's Food Products, Alberty's Food Cab., Alberty's Food Laboratories, The Alberty Food Laboratories, heno Laboratories, Cheno Products, and U. S. Okey, or trading under any other name, her representatives, agents and employees, in ~connection with the offering for sale, sale and distribution of various aby foods and health preparations now sold by her under various ~n~ su~dry names, in interstate commerce or in the District of 0 umb1a, do forthwith cease and desist from: AI~ Representing that the preparations now designated as Regular Co er~y's !ood, Alberty's Phosphate Pellets, Calcatine Pellets, Cheno thmhlnation Tablets and Alberty's Spleen and Iron Tablets, or any0 · er preparations composed of the same or similar ingredients and 1378 FEDERAL TRADE COMl\IISSION DECISIONS Order 25F. T.C.

possessing similar properties under whatever name sold, have any therapeutic value;

2. Representing that the preparations now designated as Old Style Instant Alberty's Food and Alberty's Food, or any other preparations composed of the same or similar ingredients and possessing similar properties under whatever name sold, are foods and have any Epecial therapeutic value over and beyond the ordinary value of milk; 3. Representing that the preparation now designated as Alberty's Laxative lllend, or any other preparation composed of the same or !:dmilar ingredients and possessing similar properties under whatever name sold, has any therapeutic value or affects the muscles of the intestines, other than that the Senna contained in the compound is a cathartic;

4. Representing that the preparation now designated as Hemoglobin Tonic Tablets, or any other preparation composed of the same or similar ingredients and possessing similar properties under whatever name sold, is a tonic, will produce blood regeneration or has any therapeutic value;

5. Representing that the preparation now designated as Cheno, or any other preparation composed of the same or similar ingredients and possessing similar properties under whatever name sold, contains any ingredient which will cause or produce a weight reduction or that by the use thereof the user will bring about a reduction in weight; 6. Representing that the preparation now designated as Alberty's Food, or any other preparation composed of the same or similar ingredients and possessing similar properties under whatever name sold, rebuilds the intestinal tract and is the only food which accomplishes this result; that it eliminates rickets and other calcium-starvation diseases in children, adults and animals; that it modifies milk so that the calcium element is assimilated; that by taking it more calcium and phosphorus are stored up in the body than would be by the use of three or four times the quantity of ordinary milk; that it is the only food discovered that offsets acidosis and is the most powerful alkaline food known ;

7. Misrepresenting the cause of and the effect of an excess of magnesium in the human body;

8. Misrepresenting the character and properties of calcium, the effect on the system of a lack of calcium content, and the results and benefits accruing from the taking of calcium; 9. Representing that respondent was the first person in the United ALBERTY'S FOOD PRODUCTS, ETC. • 1379 1364 Order States to recognize the value of calcium; that calcium is a great rejuvenating agency; that the taking of Alberty's Food supplies the necessary calcium to the body in the proper quantities; and that stunted growth, tooth decay, acidosis, sickness suffering, premature old age, and death are due either to a lack of calcium or the inability to assimilate it· 10. Representing' that the spleen controls the sex organism and that acid fruits or vinegar, being "foreign acids", have a detrimental effect on the spleen, destroying red blood corpuscles; 11. Representing that acidosis is one of the contributing causes of Warning sex life;

12. Representing that respondent's gland treatment will produce or bring about any beneficial results to the user; 13. Representing that bismuth subnitrate has a soothing effect on the digestive tract and is a valuable, harmless remedy; 14. Representing that the gall bladder should never be removed; 15. Representing by citing case histories of supposedly disinterested parties without disclosing the fact that the subjects of the cas~ histories are parties in interest, by citing purported case histories of users thereof which said case histories are not true, and by the use of testimonials which are untrue in fact or which were not given by the person alleged to have given the testimonial that the Various products sold by her have a value and efficacy which they do not possess ;

16. Representing through the use of the word "laboratory," or any other term of similar meaning or like import, as a part of her trade name, or in any other manner or through any other means or device, that she conducts, operates or maintains a laboratory for the purpose of ~manufacturing, testing or experimenting with the various preparations sold by her, until and unless she actually owns and operates, or directly and absolutely controls, a laboratory maintained for said PUrposes;

17. And from making any other similar representations of like im- ~ort or effect as to the therapeutic or medicinal value of said preparations or the benefits accruing from the use thereof. _I~ is further ordered, That the respondent, Adah Alberty, an in- ~lVId~al, shall, within 60 days after service upon her of this order, le With the Commission a report in writing setting forth in detail ~he manner and form in which she has complied with the order here- Inbefore set forth.

Syllabus