Page Co., Inc., the E. R

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IN THE MATTER OF THE E. R. PAGE COMPANY, INC.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLA'l'!O!I' OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 3984. Complaint, Feb. 12, 1998-Decision, Apr. 18, 1938 Where a corporation engaged in manufacture, sale, and distribution of a: h Jetter • internal and external treatment for piles; in offering same throug d circulars, leaflets, advertisements in newspapers, and periodicals, 110 otherwise- . tot Represented that said treatments or remedies were competent and effec.tive nd said ailment and that use thereof, as directed, would end sufl'ermg :eal pains incident thereto and remove or eliminate causes thereof and rily and cure same, facts being that while said preparations would temporn ses remove pain and other conditions attendant upon said ailment in some te rn11oa1 thereof, they would not end such suffering or pain nor remove or e for; cause or causes of said condition, nor act as permanent remedy there blic With effect of misleading and deceiving substantial portion of purc1JasJng P~rue, into erroneous belief that said representations and implications were paill and that said preparations would do more than temporarily remove aod and other conditions attendant upon said condition, and end tortures me, pains incident thereto and remove cause of said ailment and cure sa ucll and of causing substantial portion of purchasing public, because. of 580d erroneous and mistaken beliefs, to buy said products or preparatlOD~Itors, of thereby diverting unfairly to it substantial trade from its compe who truthfully represent their products and preparations: f tile Held, That such acts and practices were to the prejudice and injury ~ public and competitors and constituted unfair methods of com petition!1· Mr. Fletcher G. Cohn for the Commission.

Nash & Donnelly, of Chicago, Ill., for respondent. Complaint roved Pursuant to the provisions of an Act of Congress appt ade September 26, 1914, entitled "An Act to create a Federal res,, Commission, to define its powers and duties, and for other purpoThe the Federal Trade Commission, having reason to believe that to as E. R. Page Company, Inc., a corporation, hereinafter referred t'tio!l 1 respondent, has been and is using unfair methods of compe ing in commerce as "commerce" is defined in said act, and it appea~uld to the Commission that a proceeding by it in respect thereof. w(l' its be in the public interest, hereby issues its complaint statllleo charges in that respect as follows: is a. PARAGRAPH 1. Respondent, The E. R. Page Company, In~., lalfS corporation organized and existing under and by virtue of t; busi· of the State of Michigan, with its principal office and place 0 THE E. R. PAGE CO., INC. 1131 llao Complaint ~~s~}oc~ted at 233 L. Page Building, in the City of Marshall, State .~.~J.lchigan.

. Respondent is now, and has been for several years past, engaged ~n the business of manufacturing and selling an internal and external ~eat~ent for piles designated as "Page Pile Treatment," "Page T ombmation Treatment," and "Page Internal Combination Pile treatment."

..1 par. 2. In the course and conduct of its business, as hereinbefore \J.es 'bt Cli ed, respondent has caused said products, when sold, to be ~ansported from its said place of business in the State of Michigan St the purchasers thereof located in various States of the United C other than the State of Michigan, and in the District of 0a1tesUlflbia. In. the course and conduct of said business, respondent has been, 11w~d 1~ now, in substantial competition with other corporations and di~~h . 1nd~vid~als and partnerships likewise engaged in the sale and th lib~tion m commerce between and among the several States of a ~ Umted States and in the District of Columbia of products used ; Useful for the treatment of piles.

,., AR. 3. In the course and conduct of its business, as described int'aram. hby h·ap s land 2 hereof, respondent has offered for sale, and sold, andllleans of letters, circulars, leaflets, advertisements in newspapers, :rn· Ina~azines and otherwise, and has caused false, deceptive, and 18 1ei eading statements and representations to appear in said letters, thrculars, leaflets, and advertisements for the purpose of inducing ;e Who are suffering from piles to purchase respondent's products. for ~R. ~· In offering for sale and selling its products as aforesaid the f~e ln ~he treatment of piles, respondent, among others, has made llowmg statements and representations:

lll~:r~ for Yourself how soothing it is and what a world (Jf difference it terrible If Y~u do not have to put up with those excruciating pains and that 1 a itching which usually comes on at bedtime. Sou D1 glad to send it (Page Pile Treatment) as I am sure that it will start lrrit:t~ the way to quick and lasting relief from the tormenting pains and Of 100S of this serious ailment.

l'esuJtcourse, this trial cannot be expected to bring you more than temporary .acts t~· b B~t it ~ill show you what the Page Treatment is like and how it Plea antsh pam, itching and bleeding.

Youse do not delay taking action to get rid of your suffering. and cr W~nt to stop the terrible pain and itching, the annoyance, the bother, You ue ty of Piles without the expense of an operation. that y Want to feel that the treatment you use will really afford such relief Youou have no further expense or trmtble.

COUld n 0 t h .BUfferi ave made a better start toward permanent relief from the J:ecenung You have endured from piles than to use the treatment I sent you y, 26F.T.C. Complaint I want you to continue this treatment until you have every reason to believe that there will be no retu.rn of the misery. Experience shows that while the first treatment usually produces astonisbi·~g 1 results, two or three treatments and occasionally more are necessary to just! feeling of positive recovery. . to I know what joy would be yours if you could say to yourself and write to me that your pile suffering was a thing of the past. I want to help you reach this happy condition just as I have helped so many others who bfiVe literally flooded me with their letters of gratitude. ·.a Continue your treatment for pile irritation until you feel sure the effects u~ be lasting. A mistake that many people make is to assume that when t e symptoms are gone they are gone forever. Occasionally that may be the case, hut, as a rule, it is only the beginning of lasting relief. .16 This tried and proven treatment which has banished suffering from P',. ·victims in every nook and corner of the land is a logical, scientific method fod attacking the underlying causes of piles because it has an internal an three-fold action. d I want you to give it (the treatment) a fair opportunity to complete the goo work it has begun for you by bringimg lasting relief from pile miseries. t Here is the one big fact I want you to see clearly. It is far better to trus a good, dependable, old proven treatment with a clean record of almost }lal!; century back of it than to ruin your best chance by using something you kn~e very little about. Real and final relief may come slowly, but it pays best in t d long run. It would indeed be a remarkable treatment that could reach an 1relieve every case in the same time and manner. I cannot believe that an victim 1s content to suffer the tortures and annoyances of piles 1n a~Y to;:; Surely you want to be relieved .of tne sufi?ring and be done will~ 1t fill and forever if possible. t- Would you like to know and be. SURE about 11. REAL method of direct tredn ment that very likely mrrny of your own friends and neighbors have u se -and from it found new, quick relief from the burning torture of PILES? PAR. 5. By the means and in the manner aforesaid, respond~nt represents and implies that said products are competent and effectl~e remedies and treatments for piles; that the use of said products ~· the manner directed will end pile torture and the pains incident ~ piles, will remove or eliminate the cause of piles, and will heal 1111 cure piles. . In truth and fact said products are not competent and e~ectl~: remedies and treatments for piles; the use of said products Ill t t manner directed will not end pile torture or the pain incident . 11~piles, nor will they remove or eliminate the cause of piles, nor "' they heal or cure piles. e PAR. 6. Among the competitors of respondent in said comrue;~r are many who sell products used and useful for the purposes do which respondent's products are offered for sale and sold, who t not, in any manner, misrepresent the efficacy of their said produc s. THE E. R. PAGE CO., INC. 1133 1130 Findings been. 7. The acts, practices, and methods of respondent, as hereina ove alleged, have had and do have the tendency and capacity to, and do, mislead and deceive a substantial portion of the purchasing Public into the erroneous and mistaken belie£ that the representations and implications made and used by respondent as aforesaid are true, and that said products of respondent are competent and effective ~elhedies and treatments for piles, that said products will end the ,~;ture and pain incident thereto, will remove the cause of piles, and end and cure piles; and they cause a substantial portion of the;ll purchasing public, because of said erroneous and mistaken beliefs, to ru~chase respondent's products. As a consequence thereof, substane1~ trade in said commerce has been unfairly diverted to the respondtf ~r?m its competitors who truthfully represent their products, to 1~ injury of such competition and to the public. ab AI!. 8. The acts, practices, and methods of respondent, as hereinco ove ~alleged, are to the prejudice of the public and of respondent's in~Pehtors, and constitute unfair methods of competition within the .A. ;nt and meaning of Section 5 of An Act of Congress entitled "An d~r to create a Federal Trade Commission, to define its powers and les, and for other purposes," approved September 26, 1914. REPORT, FINDINGS AS TO TIIE FAcn-s, AND ORDER th;~snant to the provisions of the Federal Trade 9ommission Act, 011 th ederal Trade Commission, on February 12, 1938, issued, and e 14th day of February 1938, served, its complaint in thisPro ceediino- .t ~g upon respondent, The E. R. Page Company, Inc., chargin"\,.~ \V~th the use of unfair methods of competition in commerce 1of t~o atl?n of the provisions of the said act. After the issuance Com e. 8~1d complaint and the filing of respondent's answer, the for llllss:on_, by order entered herein, granted respondent's motion an ar>ermiss1on to withdraw said answer and to substitute therefor to ben:wer admitting all the material allegations of the complaint inter r~e and waiving the taking of further evidence and all other the 0~Ulng procedure, which substitute answer was duly filed in l'h ce of the Commission. beforere~after, this proceeding regulatly came on for final hearing answ: \e. Commission on the said complaint and the substitute been r, liefs having been waived and oral argument not having sa:rne re~est~d, and the Commission having duly considered the Procee~~ b~ID_g now fully advised in the premises, finds that this ings as ~ng ;s In the interest of the public, and makes this its find- 160 ° t e facts and its conclusion drawn therefrom: 45Irn_3n"-VOL.20-74 Findings 2G F.T.C.

FINDINGS AS TO THE FACTS .. s PARAGRAPH 1. Respondent, The E. R. Page Company, Inc., IS corporation organized and existing under and by virtue of the la~s of the State of Michigan, with its principal office and place of busi· ness located at 233 L. Page Building, in the city of Marshall, State of Michigan. d Respondent is now, and has been for several years past, enga~e in the business of manufacturing, selling, and distributing an 1.1r ternal and external treatment for piles designated as "Page PI ~ Treatment" "Pa<Te Combination Treatment" and "PaO'e Interna Combination' Pile0 Treatment." ' 0 PAR. 2. In the course and conduct of its business, as hereinbefo~e described, respondent has caused said products, when sold, ~ e transported from its said place of business in the State of Miclu~a~ to the purchasers thereof located in various parts of the umte f States, other than the State of Michigan, and the District 0 Columbia.

In the course and conduct of its said business, respondent has beeld and is now, in substantial competition with other corporations an with individuals and partnerships likewise engaged in the rnant facture, sale, and distribution. in commerce between and among t~e 111 several States of the United States and in the District of Colui11 of preparations used and useful for the treatment of piles. . d PAR. 3. In the course and conduct of its business, as described in paragraphs 1 and 2 hereof, respondent has offered for sale, a~.. :;old, by means of letters, circulars, leaflets, advertisements in ne"'~. papers, and magazines and otherwise, and has caused false, deceFn tive, and misleading statements and representations to appear :e said letters, circulars, leaflets, and advertisements for the purpod· of inducing those who are suffering from piles to purchase respoll ent's preparations. e· PAR. 4. In offering for sale and selling its preparations, as af~ras said, for use in the treatment of piles, respondent, among others, 1 made the following statements and representations: ce it Learn for yourself how soothing it is and what a world of differen tbllt makes if you do not have to put up with those excruciating pains and terrible Itching which usually comes on at bedtime. tart I am glad to send it (Page Pile Treatment) as I am sure that it wiil/irri·you on the way to quick and lruting relief from the tormenting pains an tatlons of this serious ailment. rary Of course, this trial cannot be expected to bring you more than ternPo\V' it results. But it will show you what the Page Treatment is like and bO acts to banish pain, itching and bleeding.

Please do not delay taking action to get rid of your suft'erlng. THE E. R. PAGE CO., INC. 1135 1130 Findings You want to stop the terrible pain and itclling, the annoyance, the bother lind cruelty of piles without the expense of an operation. th You want to feel that the treatment you use will really afford such relief ~You have no further expense or trouble.

ou could not have made a better start toward permanent relief from theSUffe ·r ring You have endured from piles than to use the treatment I sent you ecentiy.

1th Want You to continue this treatment until you have every reason to believe ~ there wm be no return of the misery.

1 Xpcrience shows that while the first treatment usually produces astonishjug results, two or three treatments and occasionally more are necessary to UStify f ee tmg of posthve.. recovery. 1lD know What joy would be yours if you could say to yourself and write to r e that Your pile suffering was a thing of the past. I want to help you to each tb' hlit Is appy condition just as I have helped so many others who have gary fiooded me with their letters of gratitude. 'IC'llontinue your treatment for pile irritation until you feel sure the etrect1 t; be lasUng. A mistake that many people make is to assume that when "Ymptoms are gone they are gone forever. Occasionally that may be theca: T~· but, as a rule, it is only the beginning of la.sting relief. 1.; t. 118 h·ied and proven treatment which has banished suffering from pile at~ Hns in every nook and corner of the land Is a logical, scientific method for tol;ckin.o the underlying causes of piles because It has an Internal and threeaction, Wol ;ant You to give it (the treatment) a fair opportunity to complete the good ~ it has begun for you by bringing lasting relief from pile miseries. ll g ere Is the one big fact I want you to see clearly. It is far better to trust cen~od, dependable, old proven treatment with a clean record of almost half a >'er ury back of it than to ruin your best chance by using something you know tn/1little about. Real a·nd {tnal relief may come slowly, but it pays best in lind rei'ong run. It would indeed be a remarkable treatment that could reachany >'i 1:ve .every case in the same time and maimer. I cannot believe that form ctun. IS content to suffer the tortures and annoyances of piles in any !!nazi Surely you want to be relieved of the suffering and be done with it w y ana forever if possible.

treatOUld You like to know and be BUREl about a REAL method of direct \ised~ent that very likely many of your own friends and neighbors have and from it found new, quick relief from the burning torture of PILES? re~AR. 5. By the means and in the manner aforesaid, respondent efl' re~ented and implied that said preparations were competent and ecttve r d' f · h ·Pr eme Ies and treatments or piles; t at the use of said Pa?a:at~ons in the manner directed would end pile torture and the of ;~I Incident to piles, would remove or eliminate the cause or causes \V ' an.d would heal and cure piles.

bleed' I e ~::ud preparations will temporarily remove pain, itching, and Pain ~ng.m some cases of piles, they will not end pile torture or the or c lllcldent to piles, nor will they remove or eliminate the cause as aauses of piles, nor will they heal or cure piles, nor will they act permanent remedy for such conditions.

1136 FEDERAL TRADE COM:l\IISSION DECISIONS Order 26F. rr.c.

PAR. 6. Among the competitors of respondent in said commerce are many who sell products and preparations used and useful for the purposes for which respondent's preparations were and are of· fered for sale and sold, who do not, in any manner, misrepresent r the efficacy of said products or preparations. PAR. 7. The acts, practices, and methods of respondent, as here· inabove alleged, have had and do have the tendency and capacity to, • and do, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that the represen~a· tions and implications made and used by respondent, as aforesaid, are true and that said preparations will do more than temporarily remove pain, itching, and bleeding in some cases of piles, and that said preparations will end the tortures and pain incident to piles, will remove the cause of piles and will end and cure piles. Such acts, practices and misrepresentations caused, and cause, a substand tial portion of the purchasing public, because of said erroneous an mistaken beliefs, to purchase respondent's products or preparations· As a consequence thereof, substantial trade in said commerce }las been diverted unfairly to the respondent from its competitors who truthfully represent their products and preparations. CONCLUSION The aforesaid acts and practices of respondent, The E. R. page .; Company, Inc., are to the prejudice and injury of the public .ilnd of respondent's competitors and do constitute unfair methods of coJll; petition in commerce within the intent and meaning of the Federll Trade Commission Act.

ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Con~ mission upon the complaint of the Commission and the answer file I herein on the 30th day of 1\farch 1938, by respondent admitting lll the material allegations of the complaint to be true and waiving thj taking of further evidence and all other intervening procedure, ll? the Commission having made its findings as to the facts and 1ts conclusion that said respondent has violated the provisions of the i Federal Trade Commissions Act; t It is m·dered, That the respondent, The E. R. Page Company, J~Cb 1 its officers, represent:1tives, agents and employees, in connection "'1t I the offering for sale, sale and distribution of its preparations no"' ! designated as "Page Pile Treatment," "Page Combination Treat· ment," and "Page Internal Combination Pile Treatment," or ll.n! other preparations of like or similar ingredients or possessing ll1•e THE E. R. PAGE CO., INC. 1137 1130 Order <>r . .

n Similar properties, whether sold under these names or any other fames, in interstate commerce or in the District of Columbia, do o~thwith cease and desist from representing, directly or indirectly : n . • ~hat the use of said preparations will end pile torture or the t':tin Incinent· 1 to piles · t 2· That the use of ~aid preparations will remove or eliminate the cause 0" • causes of p1'I es · :· That the use of sai'd preparations will heal or cure piles; -ed · fThat the use of said preparations will act as a permanent remy or piles.

se lt.i,~ further OJ'dered, That the respondent shall within 60 days after "W;~~ce upon it of thii order, file with the Commission a report in <=on setting forth in detail the manner and form in which it has P led with this order.

Syllabus 26F.T.C·