Emile Carpentier, Dr

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

IN Tile MATI'ER OF EMILE CARPENTIER, TRADING AS DR EMILE CARPENTIER COMPLAINT, FINDINGS, AND ORDER IN REGARD TO '.[HE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 30"13. Complaint, Mar. 10, 193"1-Decision, Feb. 11, 1988 Where an individual engaged in manufacturl' of his "T. B. Compound" proprietary preparation for tuberculosis in various forms and for cht'tonic bronchitis and other ailments, and in sale and distribution thereof to indi· vidual purchaser users and to members of the medical profession; in advertising the same in newly'papers of general circulation nn<l pust<'r>~ and <'ir· culnrs mailed to purchasers nnd prospective purcha~<ers thronghont the country and through legend captioned "Pass ~'his On!" contained on label of t>ach package thereof, and through advertising leaflets- ( a.) Represented that said product was a cure and remedy for tuberculosis of the lungs, larynx, intestines, and other parts of the body and that such malady had been cured thereby and that victims thereof could verify the astonishing results achieved with the herbs, roots, and other ingredients which were used therein ;

(b) Made use of the abbreviation "Dr." and represented lJimself as a "naturopathic doctor," and that physicians had prescribed his said product for patients suffering from tubercular conditions and had sent to him patients suffering from such ailments and that it was not necessary for him to diagnose or see patients for their treatment which they took at home, and which consisted of two teaspoons of his said compound daily for "proper results"; and (c) Represented that his said product also constituted cure for chronic bron· chitis, colitis, chronic gastritis, and ulcerated duodenum and ailments of the stomach or intestines;

Facts being said compound had no curative, remedial, or therapeutic value in the treatment of the various types of tuberculosis or causes thereof or various other ailments or conditions above specified and was of no beneficial value whatever In the treatment thereof, no one had been cured of tuberculosis hy its use, nor had physicians successfully prescribed it in treatment of patients with tuberculosis or other diseases for which he claimed his product to be a cure, said product was not an original or secret discovery and use thereof by persons afflicted with tuberculosis might uelay the securing of essential medical care and hospitalization so long that there was no possibility of arresting the disease, through attempted self-medication with· out proper and necessary advice or otherwise, and said individual had had no medical training and was not a physician and maintained no office nor place where condition of purchasers or prospective purchasers might be determined ;

With effect of misleading and deceiving substantial part of purchasing public into false and erroneous belief that said representations were true and that his said preparation was a cure for all types of tuberculosis and causes thereof and other ailments and conditions above specified, and that public acting in the mistaken and erroneous beliefs induced by such false DR. EMILE CARPENTIER 691 690 Complaint and exaggerated statements and representations bought a substantial volumeof his said product and trade was unfairly diverted to him from competitors likewise engaged in manufacture, sale, and distribution of treatments intended and used for relieving pains incident to diseases and affiictions of the body and for which said individual recommended his said compound, or for building up resistance of patients to such diseases and afflictions and who truthfully represent the extent of the therapeutic value of theirrespective products:

Held, That such acts and practices were to the prejudice and injury of the public and competitors and constituted unfair methods of competition iu commerce.

Before J.fr. John lV. Norwood, trial examiner. J.Ir. 8. Brogdy11e Teu, II~ for the Commission. Complaint Pursuant to the provisions of an Act of Congress approved September 26, 1914, entitled "An Act to create a Federal Trade Commissiont to define its powers and duties, and for other purposes," the Federal Trade Commission, having reason to believe that Emile Carpentier, an individual trading as "Dr. Emile Carpentier," hereinafter referred,d to as the respondent, has been and is using unfair methods of competition in commerce, as "commerce" is defined in said act, and it appearing to said Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Respondent, Emile Carpentier, an individual trading as "Dr. Emile Carpentier," has his principal office and place of bmdness located at 68 Chestnut Street, in the city of Hillsdale, State of New Jersey. Responde.nt has been for more than 1 year last past (-ngaged in the business of compounding, selling, and distributing a <:compound that is an alleged cure for tuberculosis, chronic bronchitif:, colitis~ chronic gastritis, ulcerated duodenum, ulcerated stomach, and ulcerated intestines. In the course and conduct of his business: respondent offers said compound for sale and sells the same in commerce<' between the State of New Jersey and the several States of the United States and the District of Columbia.

'Vhen said product is sold, respondent transports it, or causes it to be transported from his principal place of business in the State of New Jersey to purchasers thereof locat€d in States of the United States other than the State in which said shipments originated, and in the District of Columbia. There has been for more than 1 year last past, and still is, a constant current of trade and comme-rce in said product so manufactured, sold, and shipped by respondent between and among the various States of the United States and in the District of Columbia. Complaint 2GF.'l'.C. Respondent has been, for more than 1 year last past, and is now engaged in substantial competition with other individuals, partnerships, firms, and corporations engaged in the manufacture of like and similar products, or other products, and treatments intended, designed, and used for similar purposes in the treatment of tuberculosis, and for the treatment of clu·tonic bronchitis, colitis, chronic gastritis, ulcerated duodenum, ulcerated stomach, and ulcerated intestines, and in the sale thereof in commerce between and among the various States of the United States and in the District of Columbia. PAR. 2. Respondent, in soliciting the sale of and selling his commodity, and for the purpose of creating a demand for it on the part of the consuming public, causes his commodity to be advertisedJ through the medium of printed matter published, issued, and ch·culated to customers and prospective customers in the various States of the United States and in the District of Columbia. In the course and conduct of his aforesaid business, the respondent has advertised in various printed media, as follows:

(1) PASS THIS ON Ample verification8 have pt·oved absolute cures in ft·om 6 weeks to 6 months' time. In all of the diseases involving tuberculosis of the lungs, the larynx, the bones, the Intestines, the kidneys or the brains, chronic bronchitis, which means congested lungs, colitis, chronic gastritis, ulcerated duodenum, stomach or intes· tines. Intestinal tuberculosis of 9 years' standing was completely cmed in six weeks in 1927. A case of hasty consumption was cured in six weeks in 1928. CERTIFICATE OF PURITY BY THE DISCOVERER I certify that my tuberculosis compound contains no creosote, mercury, calomel, strychnine or narcotics, nor habit-forming drugs; nor anything Irritating, danger· ous or harmful to the stomach or the intestines. It contains only tested, ex· hilarating and vitalizing herbs, roots and ingredients that eliminate the bugs. Take two level teaspoons a day, one on arising in the morning and one on retiring at night.

(2) TUBERCULOSIS Beneficial results have been proven since 1927 lly taking DR. EMILE CAR· PENTIER'S COMPOUND of ORIENTAL HERBS and NATUROPATHIC-NON· SURGICAL Treatment. Checks the disease and saves the victims, In any climate and in all countries, without diagnosing or ever seeing them. T. B's. contagion Is only In the sputum.

Diametrically contrary to and revolutionizing all previous sterile cures and treatments. Verified by the Court, State and Government authorities. Secret formula and Registered Patent Rights for sale by discoverer. Registered Patented In 26 World Countries.

El\IILE CARPENTIER, N. D.

68 Chestnut Street, Hillsdale, Bergen County, New Jersey and 3261 S. w. '23rd Terrace, Miami, Florida.

DR. El\IILE CARPENTIER 693: 690 Complaint (3) Yictims of Tuberculosis can verify the a,;tonisbing results achieved with. the herbs, roots and other lng~·edients which are used in the T. B. Compound of Mr. Emile Carpentier of Hillsdale, Bergen County, N. J. Physicians of New York and New Jersey send critic!ll and Incurable consumptive patients to take his medicine.

(4) CO~SUMPTION Is Cured By Dr. Emile Carpentier's T. B. Compound He <loes NOT Diaguose The aforesaid statements, together with other similar statements. not set out herein, serve, directly or through implication, as representations with respect to the efficacy and therapeutic value of said compound in use, to the effect that it will cure tuberculosis of the lungs, larynx, bones, intestines, kidneys, and brain; that it will cure chronic bronchitis, chronic gastritis, ulcernted duodenum, stomach,. and intestines; that it contains exhilnrnting and Yitalizing herbs and roots; that it will cure tuberculosis in all dimates and in all counh·ies; that the results aehieved can be wrified by many persons whohave been cured of tuberculosis through the use of said compound; and that physicians send critical and incurable consumptive patients to respondent.

Over a period of many years the universally used professional designations for a Medical Doctor or a Doctor of Medicine have beenr and fow are, the abbreviations "Dr." and "l\1. D." The abbreviation "N. D." when used with respondent's name in connection with the representations or statements herein set out il:l a colorable simulatiqn and imitation of the well known and long used term "1\f. D." The respondent's use of the terms "Dr." and "N. D." in close proximity to his name in the aforementioned statements and representations serves as a representation to prospective purchasers that respondent is a Medical Docto.r or a Doctor o£ Medicine and tends to and does lead them into the mistaken and erroneous b!>lief that he is a Medical Doctor.

The represei\tations made by the respondent with respect to the nature nnd effect of his compound when usNl at'£' g-rossly exaggerated, false, misleading, and untrue. In truth and in fact, the alle.ged compound will not cure tuberculosis of the lungs, larynx, bones, intestines, kidneys, or brain; and it will not cure chronic bronchitis, colitis1 chronic gastritis, ulcerated duodenum, ulcerated stomach, and ulcerated intestines. It does not contain any exhilamting and vitalizing herbs, roots, or ingredients. It wiJlnot cure the Yictims of tubercu- C'O:\Il\II~:,iiOX l>EUISIO~S694 :FEDEitAL TRADE l)u Ill pia in t 26F.T.C. losis in any climate or any country. No vicum of tuberculosis can. or js competent to, verify the statements made by respondent that such person has been cured of tuberculosis through use of said compouml. Physicians do not send to respondent critical or incurable cousumptive patients. The respondent is not either medically trains(l or a medical practitioner and is not a Doctor of Medicine. PAR. 3. The effect of the foregoing false and misleading representations of the respondent in selling and offering for sale the alleged tuberculosis compound is to mislead and deceive a substantial portion of the consuming public in the various States of the United States and in the District of Columbia, into the enoneous and mistaken beliefs that said tuberculosis compound will cure consumption of the lungs, larynx, bones, intestines, kidneys, and brain, and will cure chronic bronchitis, chronic gastritis, ulcerated duodenum, ulcerated stomach, and ulcerated intestines; that the said compound contains exhilarating and vitalizing herbs and roots; and it will cure tuberculosis in all climates and in all countries; that the victims of tuberculosis can verify the results achieved by tlle use of the alleged compound; that physicians send critical, incurable consumptive patients to respondent; and that Emile Carpentier is a medical doctor and practitioner.

PAR. 4. Each and all of the false and misleading statements ami representations used by the respondent in designating and describin~ his compound and the effectiveness of said compound for curing, treating, or relieving the diseases, ailments, afflictions, and conditions of the human body herein named, were and are calculated to, and had, and now have, the tendency and capacity to mislearl a substantial portion of the purchasing public into the erroneous and mistaken belief that all of said representations are true and that said compound will in truth accomplish the results claimed. Further as a direct consequence of the mistaken ancl erroneous beliefs induced by the acts and representations of the respondellt hereinabove detailed, a number of the consuming public have purchased a substantial volume of respondent's compound, with the result that trade has been unfairly diverted to respondent from competitors likewise engaged in the business of distributing and selling similar products or other.r products designed, intended, and sold for use in the cure, relief, or treatment of the various diseases, ailments, and nfliictions, and conditions named herein, nnd who truthfully represent the effectiveness of their respective products. As a result thereof, injury has been and is now being done by respondent to competition in commerce among and between the va.rions States of the United States and in the District of Columbia.

DR. El\IILE CARPENTIER 695 Findings PAR. 5. The aforesaid nets and practices of the respondent are all 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 entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approred September 26, 1914. REPORT, FINDINGS AS TO THE FACTS, AXD ORDER Pursuant to 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, and for other purposes," the Federal Trade Commission, on March 10, 1937, issued, and on March 12, 1937, served its complaint in this proceeding upon respondent Emile Carpentier, fill individual, charging him with the use of unfair methods of competition in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respondent's answer thereto, testimony and other evidence in support of the allegations of said complaint were introduced by S. Brogdyne Teu, II, attorney for the Commission, and in opposition to the allegatious of the complaint by Emile Carpentier, before John W. Norwood, an examiner of the Commission, theretofore duly designated by it; and said testimony and other evidence were duly recorded and filed in the office of the Commission. Thereafter the proceeding came on for final hearing before the Commission on the said complaint, the answer thereto, testimony and other evidence, briefs in. support of the complaint and in opposition thereto, oral argument not having been requested; 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 thi::; its findings as to the facts and its conclusion drawn therefrom: FINDINGS AS TO THE FACTS PARAGRAPH 1. The respondent, Emile 'Carpentier, trading as Dr. Emile Carpentier, is an individual. His principal office and place of business are at 68 Chestnut Street, Hillsdale, Bergen County, N. J. lie is engaged in the manufacture, sale, and distribution of a product called "T. B. Compound," a proprietary preparation advertised and sold as a cure for tuberculosis of the lungs, larynx, bones, intestines, kidneys, and brains, and as. a cure for chronic bronchitis, colitis, chronic gastritis, and ulcerated duodenum, stomach, and intestines. PAR. 2. Respondent's said product is compounded and packaged at his place of business in Hillsdale, Bergen County, N.J., and sold and distributed to individual purchasers and to members of the medical 696 FEDERAL TRADE COMMISSION DECISIO:Nl:i Findings 26F. T. C.

profession. "\Vhen orders are received for respondent's said product he causes it to be shipped by railway express from his place of business at Hillsdale, Bergen County, N. J., to the purchasers thereof located at various points in the various States of the United States other than the State of New Jersey. Since the date the respondent began the· compounding of his said product he has maintained a course of trade in said product in commerce among anJ. between the various States of the United States and in the District of Columbia. PAR. 3. At all times since respondent entered into said business he has been in substantial competition with other individuals, partnerships, and corporations engaged in the sale and distribution, or in the manufacture, sale, and distribution of preparations designed and sold as treatments for relieving the pain incident to or for building up the resistance of the patient to such diseases and afHictions of the human body as those for which respondent recommends his said compound as being a cure in commerce among and betwe('n the several States of the United States and in the District of Columbia. PAR. 4. The respondent advertises his said product in newspapers having a general interstate circulation, and by posters at expositions. Respondent has also advertised and now advertises his product by means of circulars mailed to purchasers and prospecth·e purchasers throughout the country. He also advertises his product by means of a label on each package of his T. B. Compound bearing the legend ''PASS THIS ON!" as follows:

Ample verifications have proved absolute cures in from 6 weeks to G months' time. In all of the diseases involving tube1·cu!osis of the lungs, the larynx, the bones, the intestines, the kidneys, or the brains. Chronic bronchitis, which means congested lungs, colitis, chronic gastritis, ulcerated duouenum, stomach or intestines. Intestinal tuberculosis of 9 years standing was completely cured In six weeks in 1927. A case of hasty consumption was cured in six weeks in 1928.

Respondent, in addition to advertising his compound as set out above, has advertised and now advertises his T. B. Compound by advertising leaflets. The following is representative o£ the statements and claims as to the therapeutic and curative values of respondent's compound, made by him in said advertising leaft('ts: Tuberculosis is cured since 1927 by the Specific which is on sale by its discoverer, Dr. Emile Carpentier, Natm·opatbic Doctor. He does not diagnose nor need he ever see the patient.- to treat them. They must take two level teaspoons of his T. B. Compound each day. He was publicly and judicially acquitted of Fraud in 1935 in the U. S. Federal Comt in l'pite of continuous persecutions and prosecutions for many years by the American Medical Association and the American Tuberculosis Association. Barred f1·om the mail, then arrested and put under $2,000 bond for committing the crime of curing the White Plague.

DR. El\IILE CARPENTIER 697 600 Findings The following representations appeared in a current circular or broadside which respondent sends out to purchasers and prospective purchasers:

EUUEKA! Victims of Tuberculosis can verify the astonishing results achieved with the herbs, roots and other ingredients which are used iu the T. B. Compound of 1\Ir. Emile Carpentier of Hillsdale, Bergen County, N. J. Physicians of New York and New Jersey send critical and incurable consumptive patients to take his medicine. Ample verifications have conclusively Proven its value in open court where 50 past victims presented themselves as evidence in the First District Court of Bergen County at Englewood, N. J., on Oct. 22, 1929. The patients stay at horne and take two teaspoons of this compound each day to obtain proper results. By means of the foregoing statements the respondent represents to purchasers and prospective purchasers, that his T. B. Compound is an effective cure for all types and forms of tuberculosis, and for chronic bronchitis, colitis, chronic gastritis, and ulcerated duodenum, stomach, and intestines, whether caused by or associated with a tubercular condition or any other afHiction or condition of the human body.

PAn. 5. A qualitative analysis of respondent's T. D. Compound Was made by a government agency. This analysis showed the respondent's compound to contain:

Total solids:

(5 hrs. at 100° C.)-------------------------------------------- 84.94% VVater (}(ylene method)---------------------------------------- 18.8% Ash (Chiefly magnesium, carbonate and sulphate with traces of iron, calcium and chloride)----------------------------------- .41% Acidity of steam distillate as acetic acid------------------------- . 77% ChloroforiU soluble material------------------------------------ 42.45o/o Saponification value of chloroforiU soluble IUaterial (U. S. P. XI for lard==195-203)------------------------------------------- 201.2 o/o Iodine value of chloroform soluble IUaterial (U. S. P. XI for lard==46-70)------------------------------------------------- 52.1 o/o Reducing sugars before inversion as invert sugar----------------- 30. 52% Reducing sugars after inversion as invert sugar------------------ 31.10% A reading at 87° C. on nn inverted half noriUal solution of the same gave only 0.5° V. At 25° C., the solution was levorotatory. This shows the absence of glucose and indicates that either siiUple syrup or honey was used. The product is a seiUi-solld preparation consisting cbJefiy of lard and a syrupy liquid. There is a small amount of acetic acid present and some unidentified Plant IUaterial. The syrup was originally either simple syrup (sucrose and water) or honey, but because of the action of the acetic acid now consists chiefly of invert sugar.

Small aiUounts of bark or pithy material are present. PAR. 6. Uncontroverted medical testimony is to the effect that there is no known cure for tuberculosis.

698 FEDERAL TRADE CO.l\IMISSION. DECISIONS Find in{:;; 26 ~'. T. C. PAR. 7. It is found that respondent's T. B. Compound has no curative, remedial, or therapeutic value in the treatment of the various types of tuberculosis or the various causes thereof and has no beneficial value whatever in the treatment of such conditions and ailments. It is further :found that said T. B. Compound will not cure or in any way be beneficial in the treatment of chronic bronchitis, colitis,· chronic gastritis, and ulcerated duodenum, stomach, and intestines, whether caused by or associated with a tubercular condition or any other affi\ction or condition of the human body.

PAR. 8. Upon the testimony and other evidence in the record it is found that the representations as to the therapeutic and curative values of respondent's T. B. Compound are untrue; that no one has been cured of tuberculosis by its use; that physicians have not successfully prescribed it in the treatment of patients with tuberculosis or other dist"ases for which the respondent claims his product a cure, and that respondent's compound is not an original or secret discovery. The ingredients of his compound have long been known. It is also found that by the use of respondent's compound persons a:Blicted with tuber· culosis may delay the securing of essential medical care and hospitali· zation so long that there is no possibility of arresting the disease. Respondent's product is sold direct to purchasers who can and do attempt self medication without the proper and necessary advice as to their condition and proper treatment therefor. This oftentimes results in the condition of the patient reaching a point where it is beyond the aid of medical treatment.

PAR. 9. Respondent is not a medical doctor, he has never had any medical training; never served an internship in any hospital or been connected with the medical profession in any way other than as an orderly in hospitals. Respondent maintains no office or place where the condition of purchasers and prospective purchasers of his compound may be determined.

The use by respondent of the representations set :forth above in his advertising literature has had, and now has, the capacity and tendency to, and does mislead and deceive a substantial part of the purchasing public into the false and erroneous belief that said representations are true and that Raid T. B. Compound is a cure for all typer, of tuberculosis and the causes thereof, chronic bronchitis, colitis, chronic gastritis, ancf ulcerated duodenum, stomach, and intestines, whether caused by or associated with !\ tubercular condition or any other affliction or condition of the human body. Acting under the above mistaken and erroneous beliefs induced by the false and exaggerated statements and representations by the re· spondent as above referred to, the public has purchased a substantial volume of the respondent's said product. As a result trade has been DR. EMILE CARPENTIER 699 Order unfairly diverted to respondent from his competitors likewise engaged in the manufacture, sale, and distribution of treatments intended to be used and used for relieving the pains incident to the diseases and afflictions of the human body for which respondent recommends his compound, or for building. up the resistance. of the patients to such diseases and afflictions, who truthfully represent the extent of the therapeutic value of their respective products. CONCLUSION The aforesaid acts and practices of the respondent Emile Carpentier, an individual, trading as Dr. Emile Carpentier, are to the prejudice and injury 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 Contmission upon the complaint of the Commission, the answer of respondent: testimony and other evidence taken before John W. Norwood, an examiner of the Commission, theretofore duly designated by it, in support of the allegations of said complaint and in opposition thert:>to. and briefs filed herein, oral argument not having been requested, and the Commission having made its findings as to the facts and its conclusion that respondent has violated the provisions of an Act of Congress, approved September 26, 1914, entitled "An Act to create u Federal Trade Commission. to define its powers and duties, and for other purposes." • It is ordered, That the respondent, Emile Carpentier, an indiddual, trading as Dr. Emile Carpentier, or trading under any other name. or through uny corporate or other device, his representatives, agents. and employees, in connection with the offering for sale, sale, and distribution of a medicinal product now designated as "T. B. Compound," or any other medicinal product containing substantially the same ingredients or possessing substantially the same properties, sold lllHler that name or any other name in interstate commerce or in the bistrict of Columbia, do forthwith cease and desist from directly or indirectly :

1. Representing that said product has any curative, remedial, or therapeutic value, or is in any way beneficial in the treatment of tuberculosis of the lungs, larynx, intestines, kidneys, brains, or tuberculosis of any other part or parts of the human body. '700 FEDERAL TRADE COl\IMISSION DECISIONS Order 26 ~'. T. C. 2. Representing that said product has any curative, remedial, or therapeutic value, or is in any way beneficial in the treatment of -chronic bronchitis, colitis, chronic gastritis, and. ulcerated duodenum, or of diseases and maladies of the stomach and intestines, or of any <Other similar or allied condition or conditions of the human body. 3. Representing that said product contains any oriental herbs of :any nature or description whatsoever. · 4. Representing that physicians have prescribed said product for ·patients suffering from any tubercular conditions, or that physicians have sent critical and incurable consumptive patients to the said Emile Carpentier to take said product.

5. Representing that "Consumption" or tuberculosis in any form is -cured by Emile Carpentier.

6. Representing through the use of the term medical doctor, or doc· tor of medicine, or any abbreviation thereof or any other professional <Jesignation of like or similar import that Emile Carpentier is a physician or doctor.

7. Representing that any one has been cured of tuberculosis in from 6 to 8 weeks, or any other period of time, by use of respondent's ·compound.

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 and form in 'Which he has complied with this order.

RUSSEKS FIFTH AVENUE, INC., ET AL. 701 Syllabus