Clearwater, H. P

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

IN THE MATTER OF I } H. P. CLEARWATER l COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. II OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 9777. Complaint, .Apr. 29, 1939-Decision, Oct, 18, 1939 Where an individual engaged in manufacture, and in sale and distribution of certain preparations referred to as "Rheumatic .Arthritis Treatment," and consisting originally of two, and later of three, tablets, to purchasers in various other States and in the District of Columbia, in substantial competition with others engaged in sale and distribution of other prepara· tiona used in treatment of ailments and conditions for which he recom· mended his said products, and including many who do not misrepresent li their preparations or therapeutic properties thereof; in advertisements which he disseminated through the mans, through insertions in newspapers and periodicals of general circulation, and through circulars, folders, letters, and other printed or written matter, including excerpts or purported excerpts from testimonials, and which were distributed in commerce among the various States and were intended and likely to induce purchase of his said products- · (a) Represented that his training, education, and experience had been such as to enable him to determine causes of, and correct treatment of, and cure for, arthritis or rheumatism, and that said ailments were caused by poor physical condition due to faulty habits of eating and living, fatigue, ex· cesses or faulty metabolism, and were principally due to constipation, with its resulting generation and accumulation of poisons absorbed into the blood stream, and with remedy lying in the elimination of current and accumulated poisons and irritants, and through inftuenclng metabolic procesiles of the body, and that his statements and representations as to causes and method of treatment of said ailments were sound and based upon known and true scientific facts, and reflected consensus of the best and most advanced prevailing professional and scientific thought; '( b} Represented that his treatment acted through dissolving and throwing out such poisons through the bowels and kidneys, and through preventing others from entering, and .through distributing to the body tissues substances which would increase resistance to circulating poisons, improving condition of the blood and favorably intluencing nutritional and metabolic processes, and rendering body normal and relieving pains; and '(c) Represented that his treatment was a marvelous achievement which made possible cure for rheumatism and arthritis hitherto regarded as impossible, and constitued an adequate and competent treatment for cure of said ailments and conditions and sciatica and lumbago, which would, in all cases, .relieve ·pain .Incident thereto;

Facts belng his education and experience had not been such as to render him cap~~le _of,d~t ining ~~;tuses_·o.f rheumatism,_ ~~d art~rltis ·.~f. competent and ,et'fectlv!'! treatments or rem~qies therefOJi, p.o concensus· (>r majority o{'professional' or scientific opintoii supported bls ·sa!4-~'~fl!tf!~nts a~-~o causes, treatments, and cure, and such statements were not based upon Complaint 29F.T.C.

known and true scientific facts, concensus of present-day medical opinion is that conditions in question are not due to circulating poisons as aforesaid, and will not be cured or in all cases relieved by tonic-reconstructive, laxative, carminative, and analgesic actions constituting therapeutically significant effects of his said products, constipation does not in all cases result In generation of poison as aforesaid, no drugs or substances known to medical science will eliminate, etc., irritants assertedly causative, as above, of said condition and as claimed, or accomplish other results set forth, and his said products do not, either singly or in combination, constitute competent and adf'quate treatment or cure for disease complexes commonly known as arthritis, rheumatism, sciatica, or lumbago, but effect thereof ls lim.lted, as above indicated, and to relief from pain equivalent to that afforded by aspirin, and with analgesics not present in sufficient quantity in recommended closes to assure such relief In all cases; With effect of engendering in minds of substantial portion of purchasing public belief that such statements, representations, and claims were true, and that his treatment possessed properties claimed and would accomplish results indicated, and of causing substantial portion thereof, by reason of such erroneous and mistaken belief, to purchase substantial quantities of said products, and of thereby diverting trade unfairly to him from competitors engaged as hereinbefore set forth, and who truthfully advertise effectiveness and therapeutic value of their respective preparations: Held,, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and competitors, and constituted unfair methods of competition in commerce and unfair and deceptive acts and practices therein.

Mr. Randolph lV. Branch for the Commission. Co:uplaint Pursuant to the pr:ovisions of the Federal Trade Commission Act and by cvirtile of tlie atithority vested in it by said act, the Federal T!aqe' Comm~ssi?l!,-being reason to believe that H. P. Clearwater, un indiv~<lual,. ·hereinafter referred to as respondent, has violated the provisions of the said act, and it appearing to the Commission ) th~t 1'a pro~eding yy ~t iir respect· theteof, wot!ld be in the public in~e P\lte.?y iss~eslits ColilP,laint stating it~"charges in that respect a"!; foil?'!:'~ < , . J , , , • r . , f J>ARAGRAJ,>,I.I -1\ .R.respondent,: H .. P.-Clearwater, is an individual having his ·officeg ..and principal place of business at ·145 'Valter Street, r Hallowell '1\Iaine:rr:::·,t .,_.. . t ,; • ~ t l'l, I , • . . 'pi~: ~,iJHr~?h1~nt'Js . ~q~vr .a~~ A?.r :m.0:;~· ~Ji~'n)~}ears' last past, has been engaged in the business o~ ,JJ¥H1Ufacturing;'f'tllling, and,·distribQti,ngl :ee1;tain -prepara.tions·IiWhich together1 constitute what ·is··r referred. to .by~.respondent IRS hi~i "'Rheuitlatic alfthi:'1tk'Trea;trn.eli:t," uni:Fate- inlerided for' use in~ tlie 1mitigt1-tibn. or' tM'~fiii~nl:. .of .(liseases i:~;¥l:t~g~&~:~i1 11 t~ll i i!2~e~~-r: !4 :~ H. P. CLEARWATER 1153 1151 Complaint · and in the District of Columbia,· and causes said preparations, when wid :by him, 'to be transported from his aforesaid place of business in the State of Maine to purchasers thereof located in var;ious States . of the United-States other than the State of Maine and i11 ti{e Distri<;t · of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in commerce in said preparations among and between the various States of the United States and in the District of Columbia.

PAR. 3. Respondent is engaged in substantial competition in commerce among and between various States of the United States and in the District of Columbia, with other individuals and with firms, corporations, and partnerships selling and distributing preparations and products designed and intended for and used in the treatment, relief, and remedy of the conditions of the human body for which respondent recommends the use of his said preparations. Among such competitors in said commerce are many who do not in any manner misrepresent their said preparations and products or the therapeutic properties thereof, and who. do not make any false statements in connection with the sale and distribution of their said preparations and products.

PAR. 4. In the course and conduct oi his aforesaid business the respondent has disseminated, and is now disseminating, and has caused and is now causing, the dissemination of false advertisements concerning his said preparations by United States mails, by insertion in newspapers and periodicals having a general circulation and also in circulars, folders, letters, and other printed or written matter, all of which are distributed in commerce among and between the various States of the United States, and by other means in commerce, as "commerce" is defined in the Federal Trade Commission Act, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of his said preparations; and has disseminated, and is now disseminating, and has caused, and is now causing the dissemination of, false advertisements concerning his preparations by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his said preparations in commerce, as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the false statements and representations contained in said advertisements disseminated and caused to be disseminated as aforesaid, are the. following: ·· My association with medicine begun early in life • • • a position was offered me in a Pharmacy owned and operated by J. Q. .A. Hawes, 1\I. D. ·. •: • •. It was really a rare opportunity • • •. Under his careful in- ~struction I gained much valuable information • • • Following this I bud a further helpful experience as Hospital Steward • • •. Luter o'n ·• • • -n54 FEDERAL TRADE COMMISSION DECISIONS Complaint 29F.T.C.

I pursued my studies for a time with Dr. A. C. Howland • • •. Much of my time was devoted to reading and studying along this line • • •. • • • the observer occupying a position of advantage like mine may deter· mine with .a substantial degree of accuracy what is best in current professional thought regarding some particular disease condition and its treatment. In attempting to arrive at a fair consensus of prevailing opinion on Rheuma· tism-Arthritis I have perhaps enjoyed advantages over the average member of tbe medical profession • • •.

• • • my treatment is based upon the best and most advanced thought in professional and scientific circles.

• • • in an honest and conscientious eft'ort to place before you • • • these scientific facts about Arthritis and Rheumatism which are well known to be absolutely true.

We become * • • rheumatic because we have permitted our physical condition to be depleted through neglect, faulty habits of living and eating, fatigue, excesses or other indiscretions.

• • • the excess circulating poisons created through faulty metabolism • * •.

But this much is known: Arthritis • • • results mainly from absorption of certain mixed body poisons into the blood stream arising from one or more sources of infection. • • • That It Is only when they accumulate in excess and the natural resistive forces of the body have become depleted so that the poisons are not properly eliminated or thrown out of the system that Rheumatism-Arthritis conditions finally result.

• • • those circulating poisons are in your blood and system in excess and that unless you thoroughly eliminate those excess poisons you may sooner or later suffer from an attack • • • .

.And so my treatment represents a combination of remedial agents designed to enable the life-blood stream to distribute to the various tissues of the body substances which tend to Increase its resistance against these invading circulating poisons. · The whole secret • • • of the beneficial results of my treatment lies in its power to assist l\Iother Nature • • • to eliminate these poisonous elements as described within the blood and system and to influence nutritional and Metabolic processes of the body, thus tuning up and establishing normal conditions and at the same time relieving the distressing, torturing pains • • •.

Among its several ingredients is one of much importance because it facilitates the elimination of harmful substances as formed by faults of daily metabolism and moreover another • • • acts by one of the best constitutional means known to dissolve and throw out long accumulated irritants which by their presence in dltl'erent localities of the body induce the aches, pains, and irritations from which the suffering comes. Another ingredient tends further to normalize body metabolism and revitalize all tissues by replenishing existing deficiencies.

And that this process of systematic purification is not accomplished alto· gether by putting something into the body but by taking the polson and impurl· ties out and preventing others from gaining entrance. I am free from Rheumatism. • • • • • • now is a time of marvelous achievements when the seeming impossibilities of yesterday become the demonstrated, proven facts of today • • • grasp this opportunity that is now within your reach 1 H. P. CLEARWATER 1155 1151 Complaint • • • it was this book and treatment that set me free from this terrible disease and su1fering.

and took the medicine 00 days and have been free from Rheumatism for twelve years now.

·It is Indeed a remarkable remedy • • •. Your medicine relieved me of Rheumatism when everything else failed. I had a most severe attack of Lumbago and Sciatica, • • • I am now free .

.After months of pain and sufl'erlng learns of my treatment-gets blessed relief • • •.

PAR. 5. Through the use of the statements and representations hereinabove set forth and others similar thereto not herein liet out, all of which purport to be descriptive of the causes of the ailments and conditions of the human body for which respondent recommends his treatment, the treatment itself and its effectiveness in the treatment and cure of the said ailments and conditions, respondent directly and by implication among other things has represented: that his training, education and experience have been such as to enable him to determine the causes of, and the correct treatment of and cure for, arthritis and rheumatism; that the causes of arthritis and rheumatism as set forth in his advertising and his method of treatment are sound, are based upon known and true scientific facts and reflect a consensus of the best and most advanced prevailing professional and scientific thought; that arthritis and rheumatism are caused by poor physical condtion due to faulty habits of eating and living, fatigue, excesses, or faulty metabolism and are principally due to constipation; that constipation results in the generation and accumulation of poisons which are absorbed in the blood stream, and cause rheumatism and· arthritis; that so long as an excess of these poisons remains in the blood the person is liable to be afflicted with rheumatic or arthritic pains; that the remedy is by the elimination of current and accumulated poisons and irritants from the blood and system and by influencing the metabolic processes of the body; that respondent's treatment acts by dissolving and throwing out these poisons through the bowels and kidneys, preventing other poisons from entering, distributing to the body tissues :substances which will increase the resistance of the body to the cir- -culating poisons, improving the condition of the blood, favorably influencing the nutritional and metabolic process rendering the body normal and relieving pains; that respondent's treatment is a marvel- ()US achievement and makes possible the cure for rheumatism and arthritis hitherto regarded as impossible; that it is an adequate and competent treatment for and will cure arthritis, rheumatism, sciatica and lumbago, and will in all cases relieve the pain incident thereto. PAR. 6. The aforesaid representations used and disseminated by the respondent in the matter above described are grossly exaggerated, Complaint 29F. T. C.

misleading and untrue and constitute false advertising. . In truth and in fact respondent's training, education, and experience have not been such as to render him capable of determining the causes of rheumatism. and arthritis or devising an adequate or competent treatment or cu~e therefor. There is no censensus or majority of prof~ssional· or scientific opinion which supports respondent's statements as to. the causes of these ailments or the means by which they should be treated or cured, nor are such statements based upon known and true scientific facts. The consensus of present-day medical opinion is that they are not due to circulating poisons in the blood stream due to constipation, faylty metabolism, or poor physical condition, and will not be cured or in all cases relieved by the purging, tonic, laxative, cathartic, carminative, and analgesic actions which are the therapeutically significant effects of respondent's preparations. Constipation does not in all cases result in the generation of poisons in the digestive tract, There are no drugs or substances known to medical science which will eliminate dissolve or throw out irritants from the blood stream '~r tissues, or increase resistance to rheumatic disease, or revitalize cell tissues by replenishing existing deficiencies or prevent poisons from entering the system. None of the ingredients of respondent's treatment singly or in combination will render the body normal. Respondent's preparations are not singly or in combination a competent ~nd adequate treatment for, nor will they cure, arthritis, rheumatism, sciatica, or lumbago. Their effect is limited to a laxative, tonic and mildly carminative action and to a relief from pain equivalent to that afforded by aspirin. In the recommended dosage the treatment does not contain analgesics in sufficient quantity to assure relief from pain in all cases. I' PAR. 7. The use by respondent of the foregoing false, deceptive, and misleading statements, representations, and claims disseminated as aforesaid with respect to the said preparn,tions, has had, and now has the capacity and tendency to and does mislead and deceive a sub~ stantial portion of the purchasing public into the erroneous and mis~ taken belief that such false statements, representations and'"'}claims are true; that respondent's preparations possess the properties claimed and represented and will accomplish tl~e results indicated, and cau~e~ a substantial portion of the purchasing public, situ!),ted in various States of the United States, because of such erroneous and mistakl:'n beliefs, to purchase substantial quantities of respondent's preparation·~. As a result, trade has been diverted unfairly to the respondent from its competitors in said commerce who truthfully advertise the effective~ ness and use of their said preparations and products as describeq in paragraph 3 hereof. In consequence thereof, injury· ha,s '1 been f f I ! H. P. CLEARWATER 1157 1151 Findings and is now being done by respondent to competition in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 8. The aforesaid acts and practices of the respondent as herein alleged are all to the prejudice and injury of the public and of respondent's competitors and constitute unfair methods of competition in commerce and unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on April 29, 1939, issued and thereafter served its complaint in this proceeding upon said respondent, H. ;?. Clearwater, charging him with the use of unfair methods of competition in commerce and unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On June 6, 1939, the respondent filed his answer in this proceeding. Thereafter a stipulation was entered into whereby it was stipulated and agreed that a statement of facts signed and executed by the respondent and Richard P. Whiteley, Assistant Chief Counsel for the Federal Trade Commission, subject to the approval of the Commission, may be taken as the facts in this proceeding and in lieu of testimony in support (Jf ;the charges stated in the complaint or in opposition thereto, andl that the Commission may proceed upon said statement of facts to make its report stating its findings as to the facts and its conclusion based thereon, and enter its order disposing of the proceeding without the presentation of argument or the filing of briefs. Thereafter this proceeding regularly came on for final hearing before the Commission on said complaint, answer and stipulation, said stipulation having been approved, accepted and filed 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 its findings as to the facts and its conclusion drawn therefrom. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, H. P. Clearwater, is an individual lmving his offices and principal place of business at 145 'Vater Street, Hallowell, Maine. Respondent is now, and for more than four years last past, has been, engaged in the business of manufacturing, selling, and distributing certain preparations referred to by the respondent as a "Rheumatic Arthritis Treatment," and intended for use in the mitigation or treatment of diseases in man. Findings 29F. T. C.

In the course and conduct of his business respondent causes, anq has caused, said preparations when sold to be transported from his aforesaid place of business in Maine to purchasers thereof located in various States of the United States other than Maine and in the) District of Columbia. Respondent maintains, and at aU times men~ tioned herein has maintained, a course of trade in said preparations in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 2. Prior to 1938, the said treatment consisted of two tablets. One of these tablets was made according to the following formula: Sodiuun Salicylate--------------------------------------- 5 gr. Potassium Iodide __ :.. ____________________________________ 1 gr. Cascarin-----------------------------------------------· lh gr. Oleoresin Ginger---------------------------------------- 'hoo gr. Oil Nutmeg Oil of Cinnamin On of Cloves in each pink sugar-coated tablet.

The other tablet was made according to the following formula: Cascarin------------------------------------------------· '4 gr. Resin Podophyllum--------------------------------------· ~ gr. Powd. Capsicum----------------------------------------- %4 gr. Powd. Nux Vomica-----------~--------------------------· 'ho gr. Bland's l'llass--------------------------------------------· 1 gr. Powd. Gentian------------------------------------------- 1 gr. in each white suga~-coated tablet.

During the year 1938, the fo.rmula for the first tablet was changed,. and thereafter the said tablet was made according to the following formula:

Bland's 1\lass-------------------------------------------· 3 gr. Manganese Dioxide-------------------------------------· % gr • .Arsenic Trioxide---------------------------------------- 'hoo gr. Mercuric Chloride--------------------------------------·· lho gr. Potassium Iodide ______________________________ ,:. _________ 1 gr. Sulphur Colloidal-------------------------------------· % gr. Calcium Glycerophosphate------------------------------- 1h gr. Zinc Phosphide-----------------------------------------· 'ho gr. Ext. Nux Vomica---------------------------------------· 'ho gr. Oascarin ________________________________________________ 'h gr. Oleoresin Ginger---------------------------------------- 'hoo gr. On Nutmeg Oil Cinnamon Oil Cloves H. P. CLEARWATER 1159 1151 Findings The formula for the white tablet was not changed, but the treat· ment was enlarged so as to include a third tablet containing 5 grains acetylsalicylic acid, oil of eucalyptus, and inert coloring. PAR. 3. In the course and conduct of his business as aforesaid, respondent is now and has been for more than 4 years last past in substantial competition in commerce among and between the various States of the United States with other individuals and with firms, partnerships, and corporations engaged in the sale and distribution of other preparations used in the treatment of the ailments and conditions of the human body for which respondent recommends the use of his said preparations.

Among such competitors in said commerce are many who do not misrepresent their said preparations or the therapeutic properties thereof.

PAR. 4. In the course and conduct of his aforesaid business, the respondent has disseminated, and is now disseminating, and has caused and is now causing, the dissemination of advertisements concerning his said preparations by United States mails, by insertion in newspapers and periodicals having a general circulation and also in circulars, folders, letters, and other printed or written matter, all of which are distributed in commerce among and between the various States of the United. States, and by other means in commerce, as "commerce" is defined in the Federal Trade Commission Act, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of his said preparations; and has disseminated, and is now disseminating, and has caused, and is now causing the dissemination of, advertisements concerning his preparations by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his said preparations in commerce, as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the statements and representations contained in said advertisements disseminated and caused to be disseminated as aforesaid, are the following: 1\Iy association with medicine began early in life • • • a position was offered me in a Pharmacy owned and operated by J. Q. A. Hawes, 1\I. D. • • • . It was really a rare opportunity • • •. Under his careful instruction I gained much valuable information • • •. Following this I had a further helpful experience as Hospital Steward • • •. Later on • • • I pursued my studies for a time with Dr. A. 0. Howland • • •. Much of my time was devoted to reading and studying along this line • • •. • • • the observer occupying a position of advantage like mine may determine with a substantial degree of accuracy what is best In current professional thought regarding some particular disease condition and its treatment. Findings- 29F.T.C.

In attempting to arrive at a fair consensus of prevailing opinion on Rheumatism-Arthritis I have perhaps enjoyed advantages over the average member of the medical profession • • •.

• • • my treatment is based upon the best and most advanced thought in professional and scientific circles.

• • • in an honest and conscientious effort to place before· you • • • these scientific facts about Arthritis and Rheumatism which are well known to be absolutely true.

'Ve become • • • rheumatic because we have permitted our physical condition to be depleted through neglect, faulty habits of living and eating, fatigue, excesses or other indiscretions.

• • • the excess circulating poisons created through faulty metabolism • • "'· But this much is known: Arthritis • • • results mainly • • • from absorption of certain mixed body poisons into the blood stream arising from one or more sources of infection. • • • That it is only when they accumulate in excess and the natural resistive forces of the body have become depleted so that the poisons are not properly eliminated or thrown out of the systems that Rheumatism-Arthritis conditions finally result. • • • those circulating poisons are in your blood and system in excess, and that unless you thoroughly eliminate those excess poisons you may sooner or later suffer from an attack • • •. And so my treatment represents a combination of remedial agents designed to enable the life-blood stream to distribute to the various tissues of the body substances which tend to increase its resistance against these invading circulating poisons.

The whole secret • • • of the beneficial results of my treatment lies in its power to assist Mother Nature • • • to eliminate these poisonous elements as described within the blood and system and to influence nutritional and 1\letabolic processes of the body, thus tuning up and establishing normal <'Onditlons and at . the same time relieving the distressing, torturing pains • • •.

Among its several ingredients is one of much importance because it facilitates the elimination of harmful substances as formed by faults of daily metabolism and moreover another-acts by one of the best constitutional means known to dissolve and thro\\" out long accumulated irritants which by their presence iu different localities of the body induce the aches, pains, and irritations from which the suffering comes. .Another ingredient tends further to normalize body metabolism and revitalize all tissues by replenishing existing deficil'ncies. And that this process of systematic purification is not accomplished altogether by putting something into the body but by taking the poison and impurities out and preventing others from gaining entrance. I am free from rheumatism. • • • • • • now is a time of marvelous achievements when the seeming impossibilities of yesterday become tile demonstrated, proven facts of todaygrasp this opportunity that is now within your reach! • • • it was this book and treatment that set me free from this terrible disl'nse and suffering.

·and took the medicine 90 days and have been free from Rheumatism :for twelve years now.

It is indeed a remarkable remedy • • • H. P. CLEARWATER 1161 1151 Findings Your medicine relieved me of Rheumatism when everything else failed. I had a most severe attack of Lumbago and Sciatica, • • • I am now free.

After months of pain and suffering learns of my treatment • . • • gets blessed relief "' "' •.

PAR. 5. Through the use of the statements and representations hereinabove set forth and others similar thereto not herein set out, all of which purport to be descriptive of the causes of the ailments and conditions of the human body for which respondent recommends his treatments, the treatments themselves and their effectiveness in the treatment and cure of the said ailments and conditions, respondent directly and by implication among other things has represented: that his training, education, and experience have been such as to enable him to determine the causes of, and the correct treatment of and cure for, arthritis and rheumatism; that respondent's statements and representations as to the causes of arthritis and rheumatism set forth in his advertising and his method of treatment for arthritis and rheumatism are sound, are based upon known and true scientific facts and reflect a consensus of the best and most advll)Ilced prevailing professional and scientific thought; that arthritis and rheumatism are caused by poor physical condition due to faulty habits of eating and living, fatigue, excesses, or faulty metabolism and are principally due to constipation; that constipation results in the generation and accumulation of poisons which are absorbed into the blood stream, and cause rheumatism and arthritis; that so long as an excess of these poisons remains in the blood the person is liable to be afllicted with rheumatic or arthritic pains; that the remedy for arthritis and rheumatism is by the elimination of current and accumulated poisons and irritants from the blood and system and by influencing the metabolic processes of the body; that respondent's treatment acts by dissolving and throwing out these poisons through the bowels and kidneys, preventing other poisons from entering, distributing to the body tissues substances which will increase the resistance of the body to the circulating poisons, hnproving the condition of the blood, favorably influencing the nutritional and metabolic process, rendering .the body normal and r~lieving pain; that respondent's treatment is a marvelous achievement and makes possible the cure for rheumatism and arthritis hitherto regarded as impossible; that it is an adequate and competent treatment for and will cure arthritis, rheumatism, sciatica, and lumbago, and will in all cases relieve the pain incident thereto.

Findings 29F.T.C.

PAR. 6. The representations made by respondent directly and by implication and used and disseminated by respondent in the manner described with respect to his said treatment are exaggerated, misleading, and untrue, and constitute false advertising. In truth and in fact respondent's training, education, and experience have not been such as to render him capable of determining the causes of rheumatism and arthritis or the competent and effective treatments or remedies therefor. There is no consensus or majority of professional or scientific opinion which supports respondent's statements as to the causes of these ailments or the means by which they should be treated or cured, nor are such statements based upon known and true scientific facts. The consensus of present-day medical opinion is that such conditions are not due to circulating poisons in the blood stream due to constipation, faulty metabolism, or poor physical condition, and will not be cured or in all cases relieved by the tonicreconstructive, laxative, carminative, and analgesic actions which are the therapeutically significant effects of respondent's preparations. Constipation does not in all cases result in the generation of poisons in the digestive tract. There are no drugs or substances known to medical science which will eliminate, dissolve or throw out irritants alleged by the respondent to be causative of rheumatism and arthritis from the blood stream or tissues, revitalize all tissues by replenishing existing deficiencies or prevent poisons from entering the system. None of the ingredients of respondent's treatment singly or in combination will render the body normal. Respondent's preparations are not singly or in combination a competent and adequate treatment for, nor will they cure, the disease complexes commonly known as arthritis, rheumatism, sciatica, or lumbago. Their effect is limited to a laxative, tonic-reconstructive, and mildly carminative action and to a relief from pain equivalent to that afforded by aspirin. In the recommended dosage the treatment does not contain analgesics in sufficient quantity to assure relief from pain in all cases.

PAR. 7. The use by respondent of the foregoing statements, representations, and claims disseminated as aforesaid with respect to the said treatments has had, and now has, the capacity and tendency to and does engender in the minds of a substantial portion of the purchasing public the belief that the said statements, representations, and claims are true; that respondent's treatments possess the properties claimed and will accomplish the results indicated, and has caused and causes a substantial portion of the purchasing public situated in various States of the United States, because of such erroneous and mistaken belief, to purchase substantial qu::m- H. P. CLEARWATER 1163 1151 Order tities of said treatments. As a result, trade has been diverted unfairly to the re;;pohdent from his competitors, who are likewise engaged in the sale and distribution in commerce among and between the various States of the United States and in the District Qf Columbia, of similar medicinal preparations or other preparations intended for similar usage who truthfully advertise the effectiveness and therapeutic value of their respective preparations. CONCLUSION The aforesaid acts and practices of the respondent, as herein found, are all to the prejudice and injury of the public and of respondent's competitors and constitute unfair methods of competition in commerce and unfair and deceptive acts and practices 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, and a stipulation as to the facts entered into between the respondent herein and Richard P. Whiteley, Assistant Chief Counsel for the Commission, which provides, among other things, that without further evidence or other intervening procedure, the Commission may issue and serve upon the respondent herein findings. as to the facts and conclusion based thereon, and an order disposing of the proceeding, 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, H. P. Clearwater, his representatives, agents, and employees, directly or through any corporate or other device, do forthwith cease and desist from disseminating or causing to be disseminated any advertisement, by means of the United States mails or in commerce, as "commerce" is defined in the Federal Trade Commission Act, by any means, for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase of certain medicinal preparations now designated as the respondent's "Rheumatic :.Arthritis Treatment," or any other medicinal preparation composed of substantially similar ingredients or possessing substantially similar therapeutic properties when sold under the same name or under any other name or names, or disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase in commerce as "commerce" is defined in the Federal Trade Order 29F.T.C.

Commission Act, of said medicinal preparations, which advertisements represent, directly or through implication, that: 1. Respondent's training, education, and experience have been such as to enable him to determine the causes of and the correct treatment of and cure for arthritis or rheumatism.

2. Any theories promulgated by the respondent as to the causes of or method of treatment or cure of rheumatism or arthritis are based upon known and true scientific facts, or reflect a concensus or majority of medical opinion, unless and until such is the fact. 3. Respondent's preparations, singly or in combination, constitute n cure or remedy for arthritis, rheumatism, sciatica, or lumbago, or constitute an adequate treatment therefor, or have any therapeutic yalue in the treatment thereof in excess of providing a laxative, tonicreconstructive, and mildly carminative action and providing relief from the pain incident to such diseases, conditions, and ailments in some cases.

4. The use of respondent's preparations will render the body normal, revitalize tissues, or prevent poisons from entering the system. 5. Rheumatism or arthritis are caused by circulating poisons in the blood, due to constipation, faulty metabolism, or poor physical condition, or that the use of respondent's preparations will eliminate such poisons.

It is further order·ed, That the respondent shall, within GO 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.

INLAND SALES CORP. 1165 Syllabus