Fred A. Stock, trading as Stock'S Nu-Tone Tonic

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In the Marrer or FRED A. STOCK, TRADING AS STOCK’S NU-TONE TONIC COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SHPT, 26, 1914 Docket 3448. Complaint, May 27, 1938—Decision, Aug. 9, 1938 Where an individual engaged in sale and distribution of a medicinal preparation designated ‘“Stock’s Nu-Tone Tonic’’— Represented, in advertising the same through radio broadcasts and other means, that said preparation constituted a tonic which toned up the digestive organs and promoted healthful sleep and a hearty appetite, and a remedy or treatment for underweight or weak or run-down condition and that tired feeling, and that use thereof would bring back the color to one’s cheeks and make one feel strong, healthy, and more vigorous, and that thousands had been helped to health by it, and that it was a competent remedy in treating the common cold ;

Facts being the therapeutically significant ingredients thereof were not such as to make the same dependable as a competent remedy in the treatment of the pathological condition mentioned, product was not a tonic and inclusion of word “tonic” in name thereof and references thereto as such were false, misleading, and deceptive, and it did not have the qualities or properties claimed therefor, would not bring back color to one’s cheeks, help boys and girls who are thin, had not helped thousands of others to health, and various other representations made therefor were false and misleading; With tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that all such statements and representations were true, and with the result that a substantial number of the purchasing public, induced by such representations, bought its said product and trade was diverted unfairly to him from competitors engaged in the sale and distribution of products designed for similar usage, and who truthfully advertise and represent the properties and effects of their respective products and the results that may be obtained from the use thereof; to the injury of competition in commerce:

Held, that such acts and practices were all to the prejudice of the public and competitors and constituted unfair methods of competition. Mr. Merle P. Lyon for the Commission.

Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Fred A. Stock, an individual, trading as Stock’s Nu-Tone Tonic, hereinafter referred to as the respondent, has violated the provisions of the said act, and it appearing to the 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:

STOCK’S NU-TONE TONIC 749 748 Complaint ParacrarH 1. Respondent, Fred A. Stock, is an individual trading as Stock’s Nu-Tone Tonic, with his office and principal place of business located in the city of Quincy, in the State of Illinois. Respondent is now, and has been for more than 1 year last past, engaged in the sale and distribution, in commerce between the various States of the United States and in the District of Columbia, of a medicinal preparation designated “Stock’s Nu-Tone Tonic.” Respondent causes said medicinal preparation, when sold by him, to be transported from his place of business in the State of Illinois to purchasers thereof located in other States of the United States than the State of Illinois. There is now, and has been at all times mentioned herein, a course of trade and commerce in said medicinal preparation so sold by respondent, between and among the various States of the United States and in the District of Columbia.

Par. 2. In the course and conduct of his said business, respondent is now, and has been, in substantial competition with other individuals, and with firms, partnerships, and corporations likewise engaged in the sale and distribution of medicinal preparations in commerce among and between the various States of the United States and in the District of Columbia. Among the competitors of the respondent in said commerce are many who do not in any manner misrepresent their said products.

Par. 3. In the course and conduct of his said business, and for the purpose of creating a demand upon the part of the consuming public for the medicinal preparation designated “Stock’s Nu-Tone Tonic,” and to induce the purchase thereof, respondent has caused said medicinal preparation to be advertised through the medium of radio broadcasts, labels, and through other means, among customers and prospective customers in the various States of the United States and in the District of Columbia.

Par. 4. Among the representations made by respondent by the aforesaid means are the following:

Stock’s Nu-Tone Tonic.

Stock’s Nu-Tone Tonic, the great herbal tonic helps you to get the full nourishment from the food you eat.

Stock’s Nu-Tone Tonic is recommended to people who are underweight, weak, run-down and suffering from that tired feeling. For that tired feeling and restoring lost strength, try Stock’s Nu-Tone Tonic. Stock’s Nu-Tone Tonic, the excellent tonic. Take a tablespoon of this fine mixture of vegetable juices before meals for just a few days and see how quickly it brings back the color to your cheeks and makes you feel strong and healthy and more vigorous. Boys and girls who are weak and thin are usually helped wonderfully by this famous tonic.

Thousands of others have been helped to health by Stock’s Nu-Tone Tonie. 185514™—40—vo.L. 27——_50 Complaint QT GS In many cases of over-work and over-exertion, Stock’s Nu-Tone Tonic has proved a valuable tonic. It quickly tones up the digestive organs and promotes healthful sleep and a hearty appetite. : An excellent means of curing colds quickly and to ward off imminent colds is to take Stock’s Nu-Tone Tonic, Many who have used it praise it most highly, especially in the treatment and prevention of common colds, Par. 5. In truth and in fact the aforesaid representations of respondent concerning the preparation “Stock’s Nu-Tone Tonic” are false, misleading and untrue.. The therapeutically significant ingredients in said product are not such as to make the said preparation dependable as a competent remedy in the treatment of the pathological conditions mentioned, and the use of the word “Tonic” in the name, and references to the product as a tonic are false, misleading, and deceptive.

In truth and in fact, “Stock’s Nu-Tone Tonic” is not a tonic and has not proved valuable as such. It does not help one to get the full nourishment from the food he eats. It does not tone up the digestive organs, promote sleep or a healthy appetite, or restore lost strength. It does not have any therapeutic value in the treatment of underweight, weak, or run-down condition, or that tired feeling. A tablespoon of said preparation taken before meals for a few days, or otherwise, will not bring back the color to one’s cheeks, or make one feel strong, healthy, and more vigorous. The use of said preparation does not help boys and girls who are thin, and thousands of others have not been helped to health by its use. Said preparation is not a competent remedy in the treatment or prevention of colds. Par. 6. Each and all of the aforesaid false and misleading representations and statements of the respondent in offering for sale and selling said medicinal preparation “Stock’s Nu-Tone Tonic” have had and now have the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that all of said statements and representations are true. As a direct consequence of said erroneous and mistaken beliefs, induced by said representations, a substantial number of the purchasing public have purchased said “Stock’s Nu-Tone Tonic,” with the result that trade in said commerce has been diverted unfairly to said respondent from competitors engaged in the sale and distribution of products designed for similar usage who truthfully advertise and represent the properties and effects of their respective products and the results that may be obtained from the use thereof. As a result thereof, injury has been, and is now being, done by the said respondent to competition in commerce between and among the various States of the United States and in the District of Columbia. STOCK’S NU-TONE TONIC 751 748 - Findings Par. 7. The aforesaid acts and practices of the respondent have been, and are, all to the prejudice of the public and of respondent’s competitors as aforesaid, and constitute unfair methods of competition in commerce within the intent and meaning of the Federal Trade Commission Act.

Report, Finprnes As To THE Facts, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on May 27, 1938, issued, and subsequently served, its complaint in this proceeding upon the respondent Fred A. Stock, an individual trading as Stock’s Nu-Tone Tonic, charging him with the use of unfair methods of competition in commerce in violation of the provisions of said act. After the issuance and service of said complaint, the respondent filed an answer admitting all the material allegations of the complaint to be true, and stated that he waived hearing on the charges set forth in the complaint and the taking of further evidence and all other intervening procedure, which answer was duly filed in the office of the Commission on July 11, 1938. Thereafter this proceeding regularly came on for final hearing before the Commission on the said complaint and answer, and the Commission, having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom: FINDINGS AS TO THE FACTS ParacrapH 1. The respondent, Fred A. Stock, is an individual trading as Stock’s Nu-Tone Tonic, with his office and principal place of business located in the city of Quincy, in the State of Illinois. Respondent is now, and has been for more than 1 year last past, engaged in the sale and distribution, in commerce between the various States of the United States and in the District of Columbia, of a medicinal preparation designated “Stock’s Nu-Tone Tonic.” Respondent causes said medicinal preparation, when sold by him, to be transported from his place of business in the State of Illinois to purchasers thereof located in other States of the United States than the State of Illinois. There is now, and has been at all times mentioned herein, a course of trade in commerce in said medicinal preparation so ey by respondent between ‘and among the various States of the United States and in the District of Columbia. Par. 2. In the course and conduct of his said business, respondent is now, and has been, in substantial competition with other individuals, Findings 27 F. T..C. and with firms, partnerships, and corporations likewise engaged in the sale and distribution of medicinal preparations in commerce among and between the various States of the United States and in the District of Columbia. Among the competitors of the respondent in said commerce are many who do not in any manner misrepresent their said products.

Par. 8. In the course and conduct of his said business, and for the purpose of creating a demand upon the part of the consuming public for the medicinal preparation designated “Stock’s Nu-Tone Tonic,” and to induce the purchase thereof, respondent has caused said medicinal preparation to be advertised through the medium of radio broadcasts and other means, among customers and prospective customers in the various States of the United States and in the District of Columbia. Par. 4. Among the representations made by respondent by the aforesaid means are the following:

Stock’s Nu-Tone Tonic.

Stock’s Nu-Tone Tonic, the great herbal tonic, helps you to get the full nourishment from the food you eat.

Stock’s Nu-Tone Tonic is recommended to people who are underweight, weak, run-down and suffering from that tired feeling. For that tired feeling and restoring lost strength, try Stock’s Nu-Tone Tonic. Stock’s Nu-Tone Tonic, the excellent tonic. Take a tablespoon of this fine mixture of vegetable juices before meals for just a few days and see how quickly it brings back the color to your cheeks and makes you feel strong and healthy and more vigorous. Boys and girls who are weak and thin are usually helped wonderfully by this famous tonic.

Thousands of others have been helped to health by Stock’s Nu-Tone Tonic. In many cases of over-work and over-exertion, Stock’s Nu-Tone Tonic has proved a valuable tonic. It quickly tones up the digestive organs and promotes healthful sleep and a, hearty appetite.

An excellent means of curing colds quickly and to ward off imminent colds is to take Stock’s Nu-Tone Tonic.

Many who have used it praise it most highly, especially in the treatment and prevention of common colds.

Par. 5. In truth and in fact the aforesaid representations of respondent concerning the preparation “Stock’s Nu-Tone Tonic” are false, misleading, and untrue. The therapeutically significant ingredients in said product are not such as to make the said preparation dependable as a competent remedy in the treatment of the pathological conditions mentioned, and the use of the word “Tonic” in the name, and references to the product as a tonic are false, misleading, vite deceptive.

In truth and in fact, “Stock’s Nu-Tone Tonic” is not a tonic and has not proved valuable as such. It does not help one to get the full STOCK’S NU-TONE TONIC 753 748 Order nourishment from the food he eats. It does not tone up the digestive organs, promote sleep or a healthy appetite, or restore lost strength. It does not have any therapeutic value in the treatment of underweight, weak, or run-down condition, or that tired feeling. A tablespoon of said preparation taken before meals for a few days, or otherwise, will not bring back the color to one’s cheeks, or make one feel strong, healthy, and more vigorous. The use of said preparation does not help boys and girls who are thin, and thousands of others have not been helped to health by its use. Said preparation is not a competent remedy in the treatment or prevention of colds. Par. 6. Each and all of the aforesaid false and misleading representations and statements of the respondent in offering for sale and selling said medicinal preparation “Stock’s Nu-Tone Tonic” have had, and now have the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken beliefs that all of said statements and representations are true. As a direct consequence of said erroneous and mistaken beliefs, induced by said representations, a substantial number of the purchasing public have purchased said “Stock’s Nu-Tone Tonic,” with the result that trade in said commerce has been diverted unfairly to said respondent from competitors engaged in the sale and distribution of products designed for similar usage who truthfully advertise and represent the properties and effects of their respective products and the results that may be obtained from the use thereof. As a result thereof, injury has been, and is now being done by the said respondent to competition in commerce between and among the various States of the United States and in the District of Columbia. CONCLUSION The aforesaid acts and practices of the respondent Fred A. Stock, an individual, trading as “Stock’s Nu-Tone Tonic,” have been, and are, all to the prejudice of the public and of respondent’s competitors as aforesaid, and constitute unfair methods of competition in commerce, within the intent and meaning of the Federal Trade Commission Act. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, in which answer respondent admits all the material allegations of the complaint to be true, and states that he waives hearing on the charges set forth in said complaint, and that, without Order hr cya BE OS further evidence or other intervening procedure, the Commission may issue and serve upon him findings as to the facts and conclusion and an order to cease and desist from the violations of law charged in the complaint, and the Commission having made its findings as to the facts and conclusion that said respondent has violated the provisions of the Federal Trade Commission Act. It is ordered, That the respondent Fred A. Stock, an individual, trading as Stock’s Nu-Tone Tonic, or under any other trade name, his representatives, agents, and employees, in connection with the offering for sale, sale, and distribution of the medicinal preparation designated “Stock’s Nu-Tone Tonic,” or any other preparation containing substantially similar ingredients or possessing substantially similar properties, either sold under this name or any other name in interstate commerce or in the District of Columbia, do forthwith cease and desist from representing, directly or by implication: (a) That said preparation is a tonic or that it tones up the digestive organs and promotes healthful sleep and a hearty appetite. (6) That said preparation is a remedy or treatment for underweight, that tired feeling, or for a weak or run-down condition. (¢) That the use of said preparation will bring back the color to one’s cheeks, or make one feel strong, healthy, or more vigorous, (¢) That thousands have been helped to health by the use of this preparation.

(e) That said preparation is a competent remedy in the treatment or prevention of common colds.

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.

i, IRVING ROY JACOBSON ET AL. 75595) Syllabus