Hygienic Corporation of America

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IN THE MATTER OF HYGIENIC CORPORATION OF AMERICA, HYGIENIC COM- PANY OF AMERICA, MERRILL-SAUNDERS COMPANY, LTD., AND HAROLD L. DEBAR, TRADING AS AMERICAN HEALTH ASSOCIATION OF WASHINGTON, D. C., WOM- EN'S ADVISORY BUREAU, ETC.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION Ul' SEC. 5 OF' AN ACT OF CONGRESS APPROVED SEPT. 26, l~H Docket SSQJ. Cou~plaint, Ja.n. 11, 1938-Dcci.~ion, June 8, 19-10 Whet·e a corporation and two subsidiaries thereof, and an individual, who was principal stockholder of all tht·ee and directed and controlled their business activities and sales policies, and did business under the names of American Health Association of Washington, D. C., Women's Auvlsory Bureau, Women's Co-Operative Service, Protex-U-Hygienic Service, American Bureau of Hygiene, and Surete Laboratot·les, engaged in the manufacture, sale, and distribution to purchasers in various other States and In the District of Columbia, of certain medicinal preparations and appliances which they t·ecommendetl for so-called feminine hygiene und for use In the treatment of diet>ases and ailments peculiar to women and for use In preventing prel,'llancy, and which they designated generally as "Protex-U" and "Surett>," and whkh consisted >ntbstantially of douche powder, ointment, jelly, syringe, applicator, and vaginal diaphragm, nnd were sold In sets and separately, and, as thus engaged, in substantial competition with others engaged in sale and distribution of products designed and Intended for legitimate hygienic use by women and for use in the treatment and prevention of diseaf;es peculiar to women, in commerce among the various States and in said District; Dnd acting in conjunction and cooperation with each other in carrying on the acts nnd practices below set forth; ln advertising their said products through newspapers and other periodicals, and booklets, pamphlets, circulars, and other advertising material distributed among prospeeth·e purchasers, and also through set of six booklets entitled ... 'Tlle Happy Family Series,'' and booklets entitled "New Knowledge for Women'' and "Feminine Secrets," dealing direct-ly or by impllcatigu with pt<evention of conception- ( a) Represented, directly and by implication, that theit· said various products constituted cornpet£>nt ami pffective pr£>ventin's of conception, facts being they did not constitute competent and effective pt·eventives of conception; (b) Represented, as aforesaid, that their said products possessed substantial therapeutic value in the treatment of ailments and diseases peculiar to women, particularly delayed menstntatlon, and destroyed bacteria and were competent and effective prophylactics, facts being such products possessed no therapeutic value in the trpatment of delayed menstruation or any other ailments or diseases peculiar to women, did not serve to destroy bacteria, and were not effective or competent prophylactics; and (c) Represented, as aforesaid, that their said appliances, and particularly that designated vaginal diaphragm, would fit all female anatomies, and that HYGIENIC CORP. OF AMERICA ET AL. 37 36 Syllabus ¥Appliance designated "H~alth Shield" (vaginal S,Yringe~ might be used with safety by, a-ll women, facts being none of their said appliances would fit all s:uch anatomies, and last-named appliance, known generally by physicians as a "ballooning douche" and regarded by them as possessing dangerous potPntialities, in that use thereof results in the forcing ot bacteria from the vagina Into the uterus, could not be used with safety ; and Where said corporations and individual, in advez"tising in DPWSpapers and other periodicals for solicitors and in thpir dealings with prospective solicitors, and in offer and sale thereafter ot their said products through such soli<'itors and through advertisements th£>reof, as the case might be-- (d) Made use of words "Nurse-Membership Application" and "American Health Association, Washington, D. C.," in blank forms which they sent in resi)onse to inquiry from prospective solicitor, for use of such prospective solicitor In addressing an application to aforesaid "association" for "Nurse Membership and appointment as Visiting Nurse in the American HPalth Association," with further provision, In such application, that "It is understood that I shall be employed In work tending to elevate the healthful conditions and hygienic standards of our nation. I pledge myself to fully cooperate with the association in its aims of more h£>althful living through public education and to this end I will devote a definite portion of my time to this cause";

(e) Made use of t£>rms and legends "Certificate of Membership'' and "American Health Association, Visiting Nurse Division" on cards which it lssuPd to solicitors and which certified that solicitor was enrolled as a "Nurse 1\lpmber, Class A, in the American HPalth Association and lms bern appointed Visiting Nurse while engaged in Health Extension Activities "' • •," and made use also ot badges of identification reading "American Health Association-Visiting Nurse Division-Washington, D. C.," which thpy issued to their solicitors as above described, and who, upon receiving such cards and badges, undertook sale of their said products through house-to-house solicitation and exhibition, in their contacts and Solicitation, of such cards and badgPs and use of circulars, pamphlets, and other advertising material supplied as aforesaid; and (f) llPpresented, and led prospective purchase-rs to believe, that their business activities were conducted under the auspices or with the approval of the puulic health service-, and that their products had the approval of such service, and that the American Health Association was a benevolent, nonprofit organization engaged in promoting the public health, and that their solicitors were nurses and qualified to advise women with respect to matters of h<'alth and sex hygiene, through tbt-ir advertising literature and through their solicitors, and through such typical statements as "* * • Why, it was only a few years ago that our C'congress wns appropriating millions to educate our farmers bow to raisp and care for thpir cattle, sheep and bogs, • • •. Finally Congt·pss woke up to the tremendous need and the fact that the family and home were more important than animals and recently enacted legislation authorizing thp educating and nssistizJg of wives, mothprs, and pro!<pectlve mothers. In full sympathy with this splendid, if belated, mowm<'nt the Anwrican Ht>nlth Association is carrying O!l this special campaign to bring the vital sex tt·uths regarding het·self to every wife and mother as soon as possible," and "But, What troublt>s me most is the fact that the neelt throughout the entire Complaint 31F.T.C.

country is so great, so huge, so tremendous, that it Is impossible for the American Health Association, as for any other benevolent nonprofit organization, to equip enough of us nurses who are just as needy but who are living on a farm, in a small town or even in a larger city where no staff of visiting nurses has yet been organized. To those women we have to bring this message, which we two are privileged to talk over In person, by mail to the best of our ability • • • ." ; Facts being their said representations were false in their entirety, neither said corporations' activities nor their pt·oducts were sponsored or approved by any public health service, thre was, in fact, no such organization as their said "American Health Association," which was merely fictitious name used by them as one of their trade names, their business was in no sense a benevolent or nonprofit enterprise, but was conducted solely as a commercial enterprise and for their profit, and their solicitors were not nurses nor qualified to advise women as to matters of health or sex hygiene, but were merely saleswomen, without training or experience as nurses; Wlth effect of misleading and deceiving substantial portion of purchasing public Into mistaken and erroneous belief that their said false and misleading statements and representations were true, and Into purchase of substantial quantities of their products, and with result, as consequ!'nce of such mistaken and prroneous b!'li!'f, that trade was diverted unfairly to them from their competitors; to the substantial injury of competition in commerce: 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.

Before llfr. Arthwr F. Th.omas and Mr. Randolph Preston, trial examiners.

ftfr. William L. Taggart for the Commission. llfr. A. P. Oo·viello, of Los Angeles, Calif., for respondents. COMPLAINT Pursuant to the provisions of an act of Congress, approved Septembe.r 26, 1914, entitled "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," the Federal Trade Commission, having reason to believe that Hygienic Corporation of America, Hygienic Co. of America, Merrill- Saunders Co., Ltd., corporations, and Harold L. DeBar, individually and trading as American Health Association of Washington, D. C., 'Vomen's Advisory Bureau, Women's Co-operative Service, Protex- U-Hygienic Service, American Bureau of Hygiene, and Surete Laboratories, hereinafter referred to as respondents, have been and are using unfair methods of competition in commerce, as "commerce" is defined in said act, and it a·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 Hygienic Corporation of America is a corporation organized and operating under the laws of California. HYGIENIC CORP. OF AMERICA ET AL. 39 36 Complaint Respondent Hygienic Co. of America is a Delaware corporation and markets products known as "Protex-U."

Respondent Merrill-Saunders Co. is a Delaware corporation and markets products known as "Surete" and "Surete Laboratories." The Hygienic Co. of America and th~ Merrill-Saunders Co. are operated as subsidiaries of the Hygienic Corporation of America and respondent Hygienic Corporation of America also uses ,the hames of these two corporations, as well as other names, as trade names for the carrying on of portions of its business activities. The ·principal place of business of these respondents is 525S-58 South lioover St., Los Angeles, Calif.

Respondent Harold L. DeBar is an individual trading under the names American Health Association of ·washington, D. C., Women's Advisory Bureau, 'Vomen's Co-operative Service, Protex-U-Hygienic Service, American Bureau of Hygiene, Surete Laboratories and Surete Products at 525S-58 South Hoover Street, Los Angeles, Calif. He is the principal stockholder of the aforesaid corporate respondents and directs and controls the business activities and sales policies of the corporate respondents Hygienic Corporation of America and its subsidiaries, the Hygienic Co. of America and the Merrill-Saunders Co.

The respondents are all engaged in a general combination and confederation for the purpose of manufacturing, advertising, distributing, and selling certain products and preparations hereafter named to the public or to customers in the various States of the United States and the District of Columbia and in carrying out the acts and practices herein charged. . The respondents have been, and are now engaged in the business of manufacturing, advertising, distributing, and selling certain medical preparations and appliances for so-called feminine hygiene use and for use in preventing pregnancy and diseases common to the female anatomy. The respondents cause these products, when sold, to be transported from their aforesaid places of business in the State of California or from some other point to the purchasers thereof located at points in various States other than the States from which said shipments of said products originate and in the District of Columbia, and maintain a course of trade and commerce in said products so distributed and sold by them in commerce among and between the 'Various States of the United States.

In the course and conduct of said business, respondents have been, and are, in substantial competition with other corporations and With firms, individuals, and partnerships engaged in the distribution and sale of smiliar products and other products intended and 296516m--41--VOL.31----6 Complaint 31F.T.C.

designed for similar use by women,.in commerce ampng and.bet:weert the various States of the United States and in the District of Columbia.

PAR. 2. The products marketed by respondents, and sold to customers in commerce, as herein set out, are variously known and described as "Protex-U" and "Surete." An assortment of said products consists of douche powder, ointment, jelly, syringe (called health shield), applicator and vaginal diaphragm (called medicator) and are sold in sets and otherwise.

PAR. 3. In the operation of their business and for the purpose of inducing the purchase of said product.s by tl).e members of the-public, the respondents have made use of various means and ways of advertising said. products, among which are the distribution of booklets, pamphlets, show window displays, and circulars bearing the names of various ones of the aforesaid respondents and in some instances all of them. Some of the advertising literature describes and makes certain representations as to the efficacy of the products of respondents.

PAR. 4. For the purpose of selling and distributing their products, respondents publish and cause to be published as a part of their combination, as herein described, six booklets entitled "Happy Family Series," and named as follows:

1. The Ten Commandments of Happy Marriage 2. How to Hold Your Husband's Love 3. How to Remain Your Husband's Pal 4. How to lleat the Divorce Court 5. How to ·win Back a Husband, and 6. The 'Voman Desired.

These pamphlets are purported to be published by the Educational Publishing Corporation; and other pamphlets entitled "New Knowledge for 'Vomen," copyrighted by American Health Association, 'Vashington, D. C., "Feminine Secrets" and a circular Pntitled "The Protex-U System" are distributed with said pamphlets. In referring to their products in their aforesaid pamphlets and other advertising, as aforesaid, such statements as the following are made:

"Snrete Antiseptic Ointment"-" • • * Germ life is positively arrested by its presence. * * • A >valuable aid in preventing delayed menstruation. • * * Preserve the Dody Beautiful Thru Feminine Hygiene • • * by n~<e of the Protex·U System * • • every woman i~ assured that she is fortified against all conditions * * • The Health Shield assures absolute <'lennliness and also relief from congestion, delayed or painful menstruation. The Vaginal Antiseptic combats infection. • • • The distending douche as- HYGIENIC CORP. OF AMERICA ET AL. 41 30 Complaint sists the organs to regain their not mal position and causes· that tired deprel!sed feeling to disappear. The after-rest adds to the" perma~ency of the treatment. As a result, you will arise feeling like a young woman in the full bloom or Youth. • • *".

"* • • Frequent douches are very essential iu every married wom11n's life to keep the numerous creases and wrinkles of the vaginal passage clean and healthy. • * * It absolutely assures evet·y part of the vaginal lining being contacted by the douche. Germs cannot get away from it. • • • Protex-U Health Shield • • • Prevents Delayed Menstruation. It for any reason women appreciate Protex-U more than for any other, it is because of its ability to hold a hot douche or "hot pack" around the womb, which Is extremely helpful in preventing delayed menstruation. • * • it eliminates ·the uncertainties of the usual.douche, is. nonpoisonous and absolutely harmless <o the most sensitive body membrane. • * • wonderful germicide "Gly- Qninol" * • • Germ life cannot thrive in its presence • • • So efl'ective, so safe, so reliable has it proved itself that within a few short years it has become known • * · • There is nothing else like it. It works where other preparations fail. • • • It also has the peculiar property of drawing Infected secretions from the mucous membrane. * * *" The Three Point Scientific Method. The Protex-U System is based on the Well-known "Three Point Scientific Method of 1\larriage Hygiene." This requires:

1. An effective antiseptic, efl'ectively applied before exposure to prevent infection (pathogenic) .

2. A vaginal syringe (Health Shield) far more effective thnn thf' ordinary In eleansing and preventing many menstrual disorders. 3_ A douche powder that promotes healing and is not an il'l'itant or merely a Perfume carrier. These requirements are fully met in the Protex-U Ointment, Protex-U Health Shield and Protex-U Douche Powder, the following illustrations and ~mple directions fully explain their use. Using the Protex-U Medicator. The use of a medicator (vaginal diaphragm) and antiseptic ointment is the method outstandingly approved by physicians and Marriage Hygiene Clinics. First, it is necessary to obtain the correct size, Which is easily done by the following table: In classifying oneself as to "under average," "average," or "over average," disregard the amount of flesh and consider bony ft·ame alone. Note.-A woman ·does not need a large size because she is fleshy. In said statements, together with other similar statements not herein set out with respect to their prouucts and in their general ad- Vertising, respondents directly and through implication represent that their products form safe, competent, and effective preventatives against conception; that the use of said products is a guarantee against pregnancy that said products nre composed, in whole or in part, of agents which are fully effective, among other things, in Insuring health and youth to wives and mothers; that said products keep the body perfectly clean and sanitary and the mind free from Worry and anxiety, and keep the bloom of youth in the user; that Use of said products prevents disease, insures health and strength, Complaint 31 F. '.f. C. causes the rapid elimination of bacteria, including leucorrhea (whites) and disagreeable discharges, and acts as a preventative of female irregularities; and that said products are effective as prophylactics and heal the delicate membranes and tissues in the vaginal tract; and form competent and effective treatments for subnormal or unhealthful conditions of the uterus and vagina, venereal diseases, nenousness, pain and discomfort, burning sensation, and mental depression.

PAR. 5. In truth and in fact said products do not form or constitute safe and competent remedies against conception and are not a guarantee against pregnancy. Said products do not contain ingredients or medicinal agents which are fully effective, among other things, to insure health and youth to wives and mothers. They do not keep the body perfectly clean and sanitary; or the mind free from worry and anxiety. Said products are not effective as preventatives against disease; are not effective to keep the bloom of youth, or to insure health and strength; and will not cause the rapid elimination of bacteria, including leucorrhea (whites) or disagreeable discharge; neither are they preventatives of female irregularities generally. They do not act as prophylactics or heal the delicate membranes or tissues of the vaginal tract; and are not competent and effective treatments for subnormal or unhealthful conditions of the uterus or vagina, venereal diseases, nervousness, pain or discomfort, burning sensations, and mental depression.

PAR. 6. Statements and representations such as the following are made under the name of the American Health Association: "* • • Why, it was only a few years ago that our Congress was appropriating millions to educate our farmers how to raise and care for their cattle, sheep and hogs, but spending practically nothing on the more Important task of educating us wives and mothers-human beings, mind you, on how to take care o! ourselves and our families. Finally Congress woke up to the tremendous need and the fact that the family and the home were more important than animals and recently enacted legislation authorizing the educating and assist· lng of wives, mothers and prospective mothers. In full sympathy with this splendid, if belated, movement the American Health Association is carrying on this special campaign to bring the vital sex truths regarding herself to every wife and mother as soon as possible.

But, what troubles me most is the fact that the need throughout the entire country is so great, so huge, so tremendous, that It is impossible for the Ameri· ean Health Association, as for any other benevolent non-profit organization, to equip enough of us nurses to reach the millions and millions o! wives who are just as needy but who are living on a farm, in a small town or even in a Jargl'r city where no staatr of visiting nurses has yet been organized. To thosl' women we have to bring this message, which we two are privileged to talk over in person, by mail to the best o! our ability • • • HYGIENIC CORP. OF AMERICA ET AL. 43 Complaint The solicitors who are employed by the respondents in calling upon prospective purchasers for the purpose of making the claims herein set out in said advertising, and selling the products herein named, exhibit to them a visiting nurse's button and certificate of membership, together with the following paper called: NURSE-1\!El\IBERSHIP APPLICATION AMERICAN HEALTH ASSOCI.,\TION, Suite 402 Baltic Bldg., Wa-shington, D. 0.

Date -------- Feb. ____ 24 ------ 192 ----· I hereby apply for nurse-membership and appointment as visiting nurse in the AMERICAN HEALTH ASSOCIATION.

It is understood that I am now employed in work tending to elevate the healthful conditions and hygienic standards of our nation. I pledge myself to fully cooperate with the association in its aims of more healthful living through PUblic education and to this end will devote a definite portion of my time to this cause.

--------------------------------------------------------------------------- Signed Address City State --------------------Employing Company Vouched for by I am enclosing 30 cents (stamps accepted) to pay the expense of issuing <:ERTIFICATE OF MEMBERSHIP and VISITING NURSES BUTTON. It is Understood that there are no initiation or membership fees. In said statements, and in other statements not herein set out, respondents represent, directly and through implication, that their Products have been put to a successful scientific test by the American Health Association, an independent nonprofit organizati8n devoted to scientific research; that they are a part of, or in some manner ~onnected with the American Public Health Association, whose ob- Ject is to protect and promote public and personal health and whose~ lllembership consists of several prominent officials of the United States and State Public Health Services; that they are a part of the United States Public Health Service; that the United States Govern- ~ent has appropriated money for their work; that they ar.e organ- IZed and do business under the educational laws of the District of Columbia, and are licensed to train and school nurses and that their representatives are trained and schooled in accordance with the edu- ~ational laws of the District of Columbia and are trained nurses. PAR. 7. In truth and in fact the American Health .Association of Washington, D. C., does not actpally exist but is a fictitious name Used by respondents to further the fraudulent sale of their products by their solicitors. No such association or organization known as the American Health Association is in any manner connected with Complaint 31 F. 1'. C. the Public Health Service of the United States; nor is it a part of or connected in any manner with the American Public Health Association of the United States. Further, no such organization has ever been organized or chartered to do business such as training and schooling of nurses under the educational laws of the District of Columbia. Kone of the respondents are connected in any way with the Public Health Service of the United States, nor the American Public Health Association.

Such articles and drugs, named herein, when manufactured, advertised, and distributed are then and there misrepresented in that the statements, designs, and devices regarding the therapeutic, curative, and other benefits and effects thereof borne on the directions slip, circulars, and in the ad,·ertising, as aforesaid, are false and fraudulent and the same are applied to said articles knowingly and in reckless and wanton disregard of their truth or falsity. There are among the respondents' competitors in commerce, as herein set out, those who do not in any way misrepresent the eharacter and nature of their respective businesses and who do not misrepresent in any way the nature, character, and efficacy of their respective products, and do not make use of any of the, misleading representations herein set out or others similar thereto. PAR. 8. The aforesaid false and misleading statements and representations used by the respondents, in offering for sale and selling their various products as herein described, in commerce as herein set cut, lun·e had, and do now have, the tendency and capacity to, and do, mislead and deceive members of the purchasing public into the erroneous and mistaken beliefs that said representations are true and into the purchase of substantial quantities of respondents' various products on account of said erroneous and mistaken beliefs induced as aforesaid. As a result thereof trade is unfairly diverted to respondents :from competitors of respondents who do not, in the sale and distribution of their respective products, make use of the same or similar misrepresentations. In consequence thereof injury has been, and is now being, clone by respondents to competition in commerce among and between the various States o£ the United States. PAR. 9. The methods, acts and practices of respondents herein set forth are all to the prejudice of the public and respondents' competitors as hereinabove alleged. Said methods, acts, and practices 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," approved September 2G, 1914. HYGIENIC CORP. OF AMERICA ET AL. 45 3G Findings REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on January 17, 1!)38, issued and thereafter served its complaint upon respondents, Hygienic Corporation of America, Hygienic Co. of America, Merrill-Saunders Co., Ltd.; corporations, and Harold L. DeBar, individually and tmding as American Health Association of 1Vashington, D. C., 1Vomen's Advisory Bureau, 1Vomen's Co-operative Service, Protex-U-Hygienic Service, American Bureau of Hygiene, and Surete Laboratories, charging respondents 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 respondents' answer thereto, testimony and other evidence in support of the allegations of said complaint were introduced by 1Villiam L. Taggart, an attorlley for the Commission, before Arthur F. Thomas and Randolph Preston, examiners of the Commission theretofore duly designated by it (no evidence being offered by the respondents) and said testilllony and other evidence were duly recorded and filed in the office of the Commission. Thereafter, the proceeding regularly came on for final hearing before the Commission on the said complaint, the answer thereto, the testimony and other evidence, and brief in support of the complaint (no brief having been filed on behalf of the respondents, and oral argument not having been requested), 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 conelusion drawn therefrom.

FINDINGS AS TO THE FACTS PARAGRAI'H 1. Respondent Hygienic Corporation of America is a corporation organized under the laws of the State of California. Respondents Hygienic Co. of America and l\Ierrill-Saunders Co., Ltd., are corporations organized under the laws of the State of Dela- \vai·e. ·The Hygiei1ic Co. of America and the l\Ierrill-Saunders Co. are operated as subsidiaries of the Hygienic Corporation of America, and the Hygienic Corporation of America uses the names of these two corporations, as well as other names, as trade names for the Carrying on of its business activities.

Respondent Harold L. Dellar is un individual trading under the llames of American Health Association of 1Vashington, D. C., 'Vomen's Advisory Bureau, 1Vomen's Co-operative Service, Protex-Uliygienic Service, American Bureau of Hygif'ne, a.nd Surete Lab- Findings 31 F. T. C. oratories. He is the principal stockholder of all of the corporate respondents and directs and controls the business activities and sales policies of the corporate respondents.

All of-the respondents have their office and principal place of business at 5256-5258 South Hoover Street, Los Angeles, Calif. All have acted in conjunctjon and cooperation with each other in carrying on the acts and practices herein set forth.

PAR. 2. The respondents are now and for more than 4 years last past have been engaged in the manufacture, sale, and distribution of certain medicinal preparations and applianees recommended by respondents for so-called feminine hygiene and for use in the treatment of diseases and ailments peculiar to women and for use in preventing pregnancy. The products are designated generally by respondents as "Protex-U" and "Surete," and consist substantially of douche powder, ointment, jelly, syringe, applicator, and vaginal diaphragm. They are sold in sets' and separately. The respondents cause their products, when sold, to be transported from their place of business in the State of California to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondents maintain and for more than 4 years last past have maintained a course of trade in their products in commerce among and between the various States of the United States and in the District of Columbia. PAR. 3. The respondents have been and are now in substantial competition with other corporations and individuals and with firms and partner.rships engaged in the sale and distribution of products designed and intended for legitimate hygienic use by women and for use in the treatment and prevention of diseases peculiar to women, in commerce among and between the various States of the United States and in the District of Columbia.

P .AR. 4. In the course and conduct of their business, and for the purpose of promoting the sale of their products, the respondents have made use of various means of advertising their products, among which are advertisements inserted in newspapers and other periodicals, and booklets, pamphlets, circulars, and other advertising material distributed among prospective purehasers. As a further part of their advertising campaign and in order to create interest among prospective purchasers, the respondents distribute a set of six booklets entitled "The Happy Family Series," also booklets entitled "New Knowledge for ·women" and "Feminine Secrets." All of these booklets deal directly or by implication, with the prevention of conception. HYGIENIC CORP. OF AMERICA ET AL. 47 36 Findings Among and typical of the representations made by respondents in their adveztising material are the following: The Three Point Scientific Method. The Protex-U System is based on the Well-known "Three Point Scientific Method of Marriage Hygiene." This requires: 1. An effective antiseptic, effectively applied before exposure to prevent In· fection (pathogenic).

2. A vaginal syringe (Health Shield) far more effective than the ordinary In cleansing and preventing many menstrual disorders. 3. A douche powder that promotes healing and Is not au Irritant or merely a 11erfume carrier. These requir.:>ments are fully met In the Protex-U-Ointment, Protex-U-Health Shield and Protex-U-Douche Powder, the following illustrations and simple directions fully explain their use. Using the Protex-U-Medicator. The use of a medicator (vaginal diaphragm) llnd antiseptic ointment Is the method outstandingly approved by physicians and Marriage Hygiene Clinics. First, it is necessary to obtain the correct size, Which is easily done by the following table: In classifying one's self as to ''under average," "average," or "over average," disregard the amount of flesh and consider bony frame alone. Note: A woman does not need a large size because she is fleshy. "Surete Antiseptic Ointment"-"* • • Germ life Is positively arrested by its presence. • • • A VALUABLE AID IN PREVENTING DELAYED MEN- STRUATION. • • • Preserve the Body Beautiful Thru Feminine Hygiene • • • BY use of the Protex-U-System • • • every woman is assured that she is fortified against all conditions • • • The Health Shield assures ab- Rolute cleanliness and also relief from congestion, delayed or painful menstruation. The Vaginal Antiseptic combats infection. • • •. The distending douche assists the organs to regain their normal position and causes that tired depressed feeling to disappear. The after-rest adds to the permanency of the treatment. As a result you will arise feeling like a young woman In the full bloom of 3'out.b!" • • • ''• • • Frequent douches are very essential In every married woman's life to keep the numerous creases and wrinkles of the vaginal passage clean llnd healthy. • • • It absolutely assures every part of the vaginal lining being contacted by the douche. Germs cannot get away from it. • • • Prote:x:-U-Health Shield • • • Prevents Delayed Menstruation. It for any reason women appreciate Protex-U more than for any other, it is because of Its ability to hold a hot douche or "hot pack" around the womb, which Is extremely helpful In preventing delayed menstruation. • • • It eliminates the uncertainties of the usual douche, is non-poisonous and absolutely harmless to the most sensitive body membrane. • • • wonderful germicide 'Glyquinol' • • • Germ life cannot thrive In Its presence • • • so effective, so safe, so reliable has it proved itself that within a few short years It has become known. • • • There is nothing else like it. It works where other preparations fail. • • • It also has the peculiar pt·operty of drawing Infected secretions from the mucuous membrane. • • *" PAn. 5. Through the use of these representations, together with many 0~her representations of a similar nature, the respondents represent directly and by implication that their products constitute competent Findings 31 I•'. '1'. C. and effective preventives of conception; that they possess substantial therapeutic value in the treatment of ailments and diseases peculiar to women, particularly delayed menstruation; that they destroy bacteria and are competent and effective prophylactics; that respondents' appliances, particularly the appliance designated vaginal diaphragm, will fit all female anatomies; that the appliance designated "Health Shield" (vaginal syringe) may be used with safety by all women. PAR. 6. The Commission finds that there is no basis in fact for the foregoing representations and that such representations are false, deceptive and misleading. Respondents' products do not constitute competent or effective preventives of conception. They possess no therapeutic value in the treatment of delayed menstruation or any other ailments or diseases peculiar to women. They do not serve to destroy bacteria nor are they competent or effective prophylactics. The appliance designated vaginal diaphragm or any other of respondents' appliances will not fit all female anatomies. The applianee designated "Health Shield" (vaginal syringe) cannot be used with safety. This appliance is known generally by physicians as a "ballooning douche" and is regarded by physicians as possessing dangerous potentialities, in that its use results in the forcing of bacteria from the vagina into the uterus.

PAR. 7. 1\fuch of the respondents' selling activity is through solicitors or saleswomen who call on prospective purchasers. In order to obtain !"uch solicitors the respondents advertise in newspapers and other periodicals, and upon receiving inquiries from prospective solicitors the respondents send to such persons a blank form designated "Nurse- Membership Application." Such application is addressed to the l•American Health Association, 'Vashington, D. C." and by means of this application the prospective solicitors apply for "Nurse Membership and appointment as Visiting Nurse in the American Health Association." The application further provides that-"It is understood that I shall be employed in work tending to elevate the healthful conditions and hygienic standards of our nation. I pledge myself to fully cooperate with the association in its aims of more healthful living through public education and to this end I will devote a definite portion of my time to this cause."

The respondents, upon receiving such application, issue to the solicitor a card designated "Certificate of Membership" in the "American Health Association, Visiting Nurse Division." This card certifies that the solicitor is enrolled as a "Nurse Member, Class A, in the American Health Assoeiation and has been appointed Visiting Nurse while engaged in Health Extension Activities * • *." The respondents also issue to their solicitors badges of identifieation HYGIENIC CORP. OF AMERICA ET AL. 49 Findings reading "American Health Association-Visiting Nurse Division- Washington, D. C." Upon receiving the identification card and badge the solicitors undertake the work of selling respondents' prod, Ucts by making house to house calls on prospective purchasers. In contacting prospective purchasers and soliciting sales the solicitor:'! ~xhibit the card and badge, and use circulars, pamphlets and other advertising material supplied by the respondents. PAR. 8. The respondents, both in their advertising literature and by means of solicitors, make other representations with respect to their business activities and products. Of such representations the following are typical :

• • • Why, it was only u few yeat·s ngo that our Congre:>s was appro- Priating rn!llions to educate our fal'thers how to raise and eare for tlielr cattle, sheep and hogs, but spending practically nothing on the more important tusk ~f educating us wives and mothers-human beings, mind you, on how to take -tare of ourselves and our families. Finally Congress woke up to the tremen- -dous need and the fact that the family and home were more important than animals and recently enacted legil;!atlon authorizing the educating and assistiug of wives and mothet·s and pt·ospective mothei'S, In full s.vmpathy with this l>plendid, if belated, movement the American Health Association is carrying on this special campaign to bring the vital sex truths regarding herst>lf to evet·y 'Wife and mother as soon as possible.

But, what troubles me most is the fact that the need throughout the entire ~country is so gn•at, so huge, so tremendous, that it is impoflsible for the Aruel'i- ~an Health Assoeiation, as for any other beHe,·olent non-profit organization, to ~quip enough of us nurses who are just as needy bnt who are living on a farm, in n small town or even In a larger city where no staff of visiting nurses has Yet been organized. To those women we have to bring this message, which we two are privi!Pged to talk over in person, by mail to the best of our ability • • • Through the use of these representations and others of a similar nature, the respondents lead prospective purchasers to believe that respondents' business activities are conducted under the nuspices or With the approval of the public health service, and that respondents' Products have the approval of the public health service; that the .American Health Association is a benevolent, nonprofit organization engaged in promoting the public health; that respondents' solicitor3 are nurses and are qualified to advise women with respect to matters ()f health and of sex hygiene .

• PAR. 9. The Commission finds that these representations are false ln their entirety. Neither respondents' activities nor their products ~re sponsored or approved by any public health service. There is, ln fact, no such organization as respondents' "American Health .Association." This name is merely a fictitious name used by the respondents as one of their trade names. Respondents' business is in no sense a benevolent or nonprofit enterprise, but is a business con- Order 311<""'. T. 0. ducted solely as a commercial enterprise and for the profit of respond· ents. The respondents' solicitors are not nurses and are not qualified to advise women as to matters of health or sex hygiene. They are merely saleswomen and have no training or experience as nurses. PAR. 10. The use by the respondents of the false and misleading statements and representations herein set forth, has had and now has the capacity and tendency to and does mislead and deceive a substantial portion of the purchasing public into the mistaken and erroneous belief that such representations are true, and into the purchase of substantial quantities of respondents' products. As a result thereof trade has been diverted unfairly to the respondents from their competitors and in consequence substantial injury has been done and is being done by respondents to competition in commerce among and between the various States of the United States and in the District of Columbia.

CONCLUSION The aforesaid acts and practices of the respondents as herein found are all to the prejudice and injury of the public and of the respond· ents' competitors and constitute unfair methods of competition in commerce within the int@t 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, the answer of re· spondents, testimony and other evidence taken before Arthur F. Thomas and Randolph Preston, examiners of the Commission theretofore duly designated by it, in support of the allegations of the complaint (no evidence having been offered by the respondents) and brief filed herein by "William L. Taggart, attorney for the Commission (no brief having been filed on behalf of the respondents and oral argument not having been requested), and the Commission having made its findings as to the facts and its conclusion that the respondents have violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondents, Hygienic Corporation of America, a corporation; Hygienic Co. of America, a corporation; Merrill-Saunders Co., Ltd., a corporation; and Harold L. DeBar, individually, and trading as American Health Association of ·wash· ington, D. C., 'Vomen's Advisory Bureau, 'Vomen's Co-operative Service, Protex-U-Hygienic Service, American Bureau of Hygiene and Surete Laboratories; or trading under any other name or names; their respective officers, representatives, agents, and employees, di· redly or through any corporate or other device, in connection with HYGIENIC CORP. OF AMERICA ET AL. 51 36 Order the offering for sale, sale, and distribution in commerce,· as "commerce" is defined in the Federal Trade Commission Act, of respondents' so-called feminine hygiene preparations and appliances now designated as "Protex-U" and "Surete" and consisting substantially of douche powder, ointment, jelly, syringe, applicator, and vaginal diaphragm, whether sold together or separately, or any other preparation composed of substantially similar ingredients or possessing substantially similar properties, or any other appliance possessing substantially similar characteristics, whether sold under the same name or under any other name or names, do forthwith cease and desist from :

1. Representing that any of said preparations or appliances, whether used alone or in conjunction with any other of said preparations or appliances, will prevent conception. 2. Representing that any of said preparations or appliances, whether used alone or in connection with any other of said prep· arations or appliances, possess any therapeutic value in the treatment of delayed menstruation or any other ailment or disease peculiar to women.

3. Representing that any of said preparations or appliances destroy bacteria or are competent or effective prophylactics. · 4. Representing that respondents' appliances will fit all female anatomies.

5. Representing, through failure to reveal that the use of the appliance designated by respondents as "Health Shield" (vaginal syringe) is not wholly safe, or through any other means or device, or in any other manner, that such appliance may be used with safety -or without injurious effects.

6. Representing that the respondents or their business activities are connected in any way with any public health service, or that any of the respondents' products are approved by any public health service.

7. Using the name "American, Health Association" or "American Health Association of ·washington, D. C." or any other name of similar import or meaning to designate or describe the respondents or their business.

8. Using the word "Nurse" or "Visiting Nurse" or "Nurse Membership" or any other term of similar import or meaning to designate or describe respondents' solicitors or saleswomen, or otherwise representing that respondents' solicitors or saleswomen are nurses. It is further ordered, That the respondents shall within 60 days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied w~th this order.

52 FEDERAl, TRADE CO:MMISSION DECISIONS Complaint 31 F. T. C.