Gardner Remedies, Inc

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IN THE MATTER OF GARDNER REMEDIES, INC.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO TliiD ALLEGED VIOLATION OF SEC, 5 OF AN ACT OF CONGRESS APPROVED SEPT. 20, 1914 Docket 359li. Complaint, Sept. 19, 19;38-Decision, Julie 19, 19-10 Where a corporation engaged in the manufacture of Its "Gardner's Food Herbs" medicinal preparation, and in sale and distribution thereof to dealer and consumer purchasers in various other States, ln substantial competition with others engaged in sale and distribution, among the various States, of various medicinal preparations dl'signed for trl'atment of same ailments and diseases-- (a) llepresented, through adverti;;ements disseminated among prospective purchasers by the mails and in periodicals of interstate circulation and by radio broadcasts and through circulars, leaflets, and other advertising literature that nse of its preparation would rid the body of excess acid or hyperacidity and of acidosis, and thereby serve as a cure or remedy and competent and effective treatment for numerous ailments and diseases of the body, Including rheumatism, kidney disorders, stomach ulcers, indigestion, constipation, liver disorders, stomach disorders, acid or sour stomach, gas, heartburn, colitis, dizziness, abnonual kidney functions, backache, swelling of the ankles, soreness in the region of the kidneys, soreness and stiffness in the cords and musdes of the neck, hives, skin rashes, heart pains, shortness of breath, and high and low blood pressure and sleeplessnes.s; Facts being that its said product would not serve to correct or affect to any material extent condition known as hyperacidity or excess acid or condition known as acidosis, and it was not a cure or remedy for and bad no substantial therapeutic value in the treatment of rheumatism and the various other ailments and conditions above enumerated, and possessed no therapeutic value except insofar as small peppermint contained therein might have slight tendency to aid digestion; With effect of causing members of purchasing public to believe that its said preparation possessed therapeutic propl'rties and qualities, which it did not In fact possess, nnd with result, as coni<eqnenee of such erroneous and mistaken belief, that such public was induced to and did purchase substantial quantities of its said product and trade was thereby diverted unfairly to it from its competitors; to their substantial injury: 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.

Before Mr. Joltn J. Keenan, trial examiner. Mr. lVilUarn L. Pack and Mr. DeWUt 1'. PU<·kett for the Commission.

160 FEDERAL TRADE COUMISSION DECISIONS Complaint :HF.T.C.

Co~IPLAINT 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 Gardner Remedies, Inc., hereinafter referred to as respondent, has violated the provisions of the said act, and it appearing to the Commission that n proceeding by it in. respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follow·s: PARAGRAPH 1. Respondent, Gardner Remedies, Inc., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of ·washington, and having its office and principal place of business in the city of Seattle, State of ·washington. PAR. 2. The respondent is now and has been for more than four years last past engaged in the business of compounding, selling, and distributing a medicinal or pharmaceutical preparation designated as "Gardner's Food Herbs." Respondent sells said preparation to members of the purchasing public situated in various States of the United States and eaw.;es said preparation, when sold by it, to be transported from its aforesaid place of business in the State of '\Vashington to the purchasers thereof at their respective points of location in various States in the United States other than the State of ·washington. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in commerce in said preparation among and between various States of the United States. PAR. 3. Respondent is engaged in substantial competition in commerce among and between the various States of the United States with other corporations and with partnerships, firms, and individuals selling and distributing medicinal and other preparations and products designed and intended for, and used in, the treatment of the ailments and conditions of the human body for which respondent recommends the use of its said preparation. 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 other false f!tatements in connection \with the sale and distribution of their said preparations and products.

PAR. 4. In the course and conduct of its said business, and for the purpose of inducing the purchase of its said preparation, respondent has caused false advertisements, containing representations and claims with respect to t}w properties of said preparation and the results that may be expected to be obtained from the use thereof, to be disseminated in commerce, as defined in the Federal Trade Commission Act, GARDNER REMEDIES, INC. 161 15!) Complaint through ibe use of advertisements in newspapers and other publications having a circulation throughout the various States of the United States, through bulletins distributed among prospective purchasers of said preparation, and through continuities broadcast from radio stations which have power to, and do, convey the programs emanating therefrom to the listeners thereof located in various States of the United States and through other means. Among and typical of the representations contained in said false advertisements so used and disseminated as aforesaid are the following: And as nearly 95% of all organic troubles are caused by excess acid, you can see bow necessary it is to rid the system of it. But this does not complete the treatment. It is necessary to prevent the return of this contlition. And that is just what GARDNt:R'S FOOD HERUS do. As we know, ex('ess acid Is the cause of about 00% of all our organic ailments, and rheuwatil;IU is one that is a llire<:t result of excess acid. Now it is only reasonable, to get lasting results, we must first rid ourselves of the excess acid In the bloodstream and then continue to keep the blood free from the return of this t1·double. This is jm;t what GARDNER's Food HERBS do. They first gently stimulate the kidneys to throw off all the excess acid that the bloodstream is carrying, and then by reducing the dose, it builds the kitlneys back to normal, thereby in~uring lasting results. 'Ve do not treat rheumatism; just as in the case of stomach uleet·s we !lo not treat the stomach. 'Ve treat the cause of the trouble. That is why we get such wonderful results.

The usual trPa tment for ulcers of the stomach is • • * The only way to really rid yourself of this ailment is to eliminate the cause, and in this case it is too much acid ln the bloodstream. This can now be done by taking GARDNER's FOOD HERDS * • * All tpey do is eliminate the acid, the only way possible by means of the kidneys. After this they gra!lually help the kidneys to build back to normal.

During the winter, one of the most complained of ailments is t·heuruatism * * * Usually rheumatism is not the only ailment people suffer with, but indigestion, gas and constipation. How would you like to rid yourselves of these troublesome and painful ailments? * * • Today you can. It Is no longer necessary to suffer. GARDNER's FOOD HERBS will clear up the cause of the trouble, giving Nature a chance to heal the ailments. Facts You Should Know About GARD:"fers FOOD HERBS: "Nature's 'Vay." How they have relieved sufferers from Stomach, Liver and Kidney Troubles, including acid or sour stomaeh, stomach ul<:ers, indigestion, gas, bPartburn, constipation, colitis, dizziuess, abnormal kidm•y functions, backache, swelling of ankles, soreness in the region of the kidneys, severe sorene~s and stiffness in the cords and muscles of the neck, hives, skin msbes, heart pains, and shortness of hreath. high and low blood pres~nre, f'lll'eplessuess antl rhPnmatism. A Natural 'Vay to Remove Hyperacidity.

Gardner's Foutl llerbs stands alone in its field in the treatment of HYJ>eracidity. PAR. 5. Through the use of the statements and representations hereinabove set forth and others similar thereto not herein ~et out, all of which purport to be descriptive of respondent's preparation and its Complaint 31 !<'. T.U. effectiveness in the treatment of ailments and conditions of the human body and the cause of such ailments and conditions, respondent has represented, directly and by implication, among other things, that from 90 to 95 percent of all the organic ailments of the human body are caused by a condition of excess acid in the human system; that the use of said preparation will cure, and is of substantial therapeutic value in the treatment of, excess acid in the human syst{'m, including hyperacidity and acidosis; that the use of said preparation will eliminate excess acid from the blood stream; that the use of said preparation will cure, and is of substantial therapeutic value in the treatment of, stomach ulcers; and that said preparation is a competent and effective remedy or treatment for, or will cure, stomach, liver and kidney troubles, including acid or sour stomach, indigestion, gas, heartburn, constipation, colitis, dizziness, abnormal kidney functions, backache, swelling of the ankles, soreness in the region of the kidneys, severe soreness and stiffness in the cords and muscles of the neck, hives, skin rashes, heart pains, shortness of the breath, high and low blood pressure, slee>plessness, and rheumatism.

PAR. 6. The aforesaid representations, used and disseminated by the respondent in the manner above described, are grossly exaggerated, misleading and untrue and constitute false advertisements. In truth and in fact 90 to 95 percent of the organic ailments of the human body are not caused by a condition of excess acid in the human syst{'m. Various organic ailments may give rise to acidosis, but such ailments are not caused by excess acid. The use of said preparation will not cure and has no substantial therapeutic value in the treatment of a condition of excess acid, including hyperacidity and acidosis. The use of said preparation will not eliminate excess acid from the blood stream.

The use of said preparation will not cure, nor has it any substantial therapeutic value in the treatment of, stomach ulcers. Said preparation is not a competent and effective remedy or treatment for, nor will it cure or be of substantial therapeutic value in the treatment of, stomach, liver and kidney troubles, including a.cid or sour stomach, indigestion, lias, heartburn, constipation, colitis, dizziness, abnormal kidney functions, backache, swelling of the ankles, soreness in the region of the kidneys, severe soreness and stiffness in the cords and muscles of the neck, hives, skin rashes, heart pains, shortness of the breath, high and low blood pressure, sleeplessness and rheumatism, or any other ailment, disease, or condition which may be present in, or afflict, the human body.

Respondent's claims as to the therapeutic value or efficacy of said preparation are /Irossly exaggerated, false and deceptive, and greatly L: r • - GARDNER REMEDlES, INC. 163 1Ml'' l!'incliugs exceed any claims as to the therapeutic value and ('fficacy of said preparation which might truthfully be made. . . . PAR. 7. The use of the aforesaid false advertisements, d1ssemmated in the manner above described, induces, or is lik('ly to induce, directly or indirectly, the purchase of a drug.

PAR. 8. The use by the respondent of the foregoing false, deceptive and misleading statements, representations and advertisements, disseminated as aforesaid, with respect to said preparation, has had, and now has, the capacity and tendency to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements, representations and advertisements are tnw, nn<l that respondent's said preparation possesses the proJWrtil:'s C'laimed und rl:'presented and will accomplish the results indicated, and causes a substantial portion of the purchasing public, because of said erroneous and mistaken belief, to purchase substantial quantities of respondent's said preparation. . As a result trade has been diverted unfairly to the respondent from its competitors in said commerce who truthfully advertise the effectiveness in use of their respective preparations and products as described in paragraph 3. In consequence therof, injury has been, and is now being, done by respondent to competition in commerce among and between the Yarious States of the United States and in the District of Columbia.

PAR. 9. The aforesaid acts and practices of 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 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 F ACITS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on the 19t-h day of September 1938, issued, and thereafter served, its complaint in this proceeding upon the respondent, Gardner Remedies, Inc., a corporation, charging it with the use of unhir methods of competition in commerce and unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of an answer thereto by respondent, testimony ru1d other evidence in support of the allegations of said complaint were introduced by Dewitt T. Puckett, Esquire, attorney for the Commission, and in opposition thereto by the respondent, who appeared in plrson, before John J. Keenan, examiner of the. Commission theretofore duly designated by it. Said testimony nml other evidence were Findings 31F.T.C.

duly recorded and filed in the office of the Commission. Thereafter, the proceeding regularly came on for final hearing before the Com· mission on the said complaint, the answer thereto. testimony and other evidence, and brief on behalf of the Commission in support of the complaint (no brief having been filed on behalf of the respondent, and oral argument not having been requested). 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 FAVI'S P.~RAGRAPH 1. Respondent, Gardner Remedies:;, Inc., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of "\Vnshington, with its office anll principal place of business located at 2u33 50th .AYenue, S. ,V., Seattle, \Vash. It is now, and since 1931, ltas bet-n, £>ngaged in the manufacture, sale and distribution of a nwLlicinal prepamt ion designated as "Gard. ner's Food Herbs." Respondent !"sells and distributes its product both .to dealers and to consumers.

PAR. 2. In the course and eomluct of its lmsine:":; respondent causes and has caused its product, when sold, to be transported from its place of business in the State of "~asltington, to purchast-rs t lwreof located in various other States of the United States. Respomlent maintains, and since 1931 has maintained, a course of trade in its ~aid medicinal preparation in commerce betwet"n and among the various States of the United States.

PAR. 3. Respondent is now, and at all times mentioned he1:ei1~ has been, engaged in substantial competition with other corporations aiel with firms, partnerships, and incliYidnals engaged in the sale :mfl distribution, in commerce between and among the various States o:f tlw United States, of various medicinal preparations designed for the treatment of the same ailments and diseases of thp hnman body ns those for which respondents preparation is recommended, PAR. 4. In the course nnd conduct of its business and for the purpose of inducing the purchase of its preparation, the rt>spondent is disseminating and has disseminated advertisements among prospectiye purchasers by the United States mails, by insertion in periodicals having interstate circulation. by radio broadcasts, and by mPnns of circulars, leaflet:; and other advertisi11g literature. Among and typical of the statements and representations contained in such advertisements are the :following: · .Ami as nearly 937o of all organic troubles are caused by excess acid, you can ~ee bow necessary it is to rid the system of it. GARDNER REMEDIES, IKC. 165 ]:-•!) Fiudiugs But this does uut f•umpiPte the treatment. It is llp<:·es..,;a ry to pren•nt the return or this condition. And that is just wlwt GARDNER's FOOD IIERIJS oo. As we know, excess IH'id is the cause of about 90% of all our organic ailments, and rheumatil'm is one tlmt is n <lireet result of excess acid. Now it is only ren>~onnbl!', to g!'t lasting result~. we mu;:t fir,.;t rid onrseln's of the exce~s acid In the bloodstrf'nm 11nd then continue to keep the blood free from the return of thi~ trouhlP. This is just what GAR!lNER's FOOD HERBS <lo. Thy first gently stimul:tte the kidueys to throw utr all of the excess acid that the bloodstrPnm i" C'fll'ryin.:::-, and tlwn hr rP<lneiug tiie do:<e, it builds the kidneys bark to normal, thereby insuring lasting results. 'Ve do uot tlt>at rlwnmntism; ju><t ns in the l':l><e or stomach ull·ers we do not trent the stomad1. 'Ve trt>at the cause of the tremble. That is why we get such wonderful ret;ults.

The usual treatment for ulcers of the stomach is * * * The only way to really rid yourself of this ailment is to eliminate the cause, and in this case It is too much add in the bloodstream. This can now be done by taking GARDNER's FOOD HERBS • • * All they do is to eliminate the acid, the only way possible by means of the kidneys. After this they grauually help the kidneys to build back to normal.

During- the wintN', one of tlle most complaineu of ailments is rheumatism * * "' Usnnlly rheumatism I>< uot the only ailment. people suffer with, but 'ndi;.wstion, ~rns lliH1 (•onstipation. llow would you like to rid yourselves of these troul!lei'Qme IHH1 pninful flilments? "' * • '.fodny ~·ou C'an. It Is no longer necl::;ury to sufft>r. GAI:IlNF:It's Foon HEI!Hs will deflr up the cause or the trouble, gidng Nature 11 dumt·e to hen! the nihHPnt::;. Facts You Should Know About GARDNER's FOOD HERBS. "Nature's \Vay". How th4:'y h:lye relieved sufft>re1·s from Stomach, Liver and Kidney Troubles, including acid or sour stomach, stomach ulcers, indigestion, gas, heartburn, constipation, colitis, dizziness, abnormal kidney functions, backache, swelling of ankles, soreness in the region of the kidneys, severe soreness and stiffness in the cords and muscles of the neck, hives, skin rashes, heart pains and shortness of breath high and low blood pressure, sleeplessness and rheumatism. a Natural Way to Remove Hyperacidity.

Gardner's Food Herbs stand alone In its field in the treatment or Hyperacidity. PAR. 5. Through the use of the foregoing statements and representations, and others of similar import, the- respondent represents and has represented that nearly all ailments and diseases of the human body are due to the presence of excess acid in the system, that the use of respond('nt's preparation will rid the body of excess acid or hyperacidity, as well as acidosis, and thereby will serve as a cure or remedy and 11 competent and effective treatment for numerous ailments and diseases of the bor1y, including rheumatism, kidney disorders, stomach ulcers, indigestion, constipation, liver disorders, stomach disorders, acid or sour stomach, gas, heartburn, colitis, dizziness, abnormal kidney functions, backache, swelling- of the ankles, soreness in the region (lf the kidney~, soretw~s anrl stifftwss in the cords anrl muscles of the neck, hiws, skin rnslws, heart pains, shortness of breath, high and low blood pressure, and sh•eplessness.

Conclusion 31 F. 1'. C. PAR. 6. The Commission finds that respondent's product is an herbal preparation, the ingredients of which are "ledum glandulosum", an herb found principally in the State of Oregon, 87¥2 percent; alfalfa, 10 percent; and peppermint, 2:Y2 percent. The preparation is intended to be taken somewhat like tea. A teaspoonful is placed in a pint of boiling water and the user then takes three tablespoonfuls of the liquid in a half glass of warm water before each meal and at bedtime. The Commission further finds that respondent's preparation possesses no substantial therapeutic value. Its use will not serve to correct or affect to any material extent the condition known as hyperacidity or excess acid, nor the condition known as acidosis. The preparation is not a cure or remedy for, nor has it any substantial therapeutic value in the treatment of, rheumatism, kidney disorders, liver disorders, stomach disorders, stomach ulcers, indigestion, constipation, acid or sour stomach, gas, heartburn, colitis, dizziness, abnormal kidney functions, backache, swelling of the ankles, soreness in the region of the kidneys, soreness or stiffness in the cords or muscles of the neck, hives, skin rashes, heart pains, shortness of breath, high or low blood pressure, or sleeplessness. The preparation possesses no therapeutic value except in so far as the small peppermint content might have a slight tendency to aid dige~tion.

PAR. 7. The Commission finds that the statements and representations used by the respondent with respect to its preparation as herein set forth are grossly exaggerated, false and misleading. The use by the respondent of such statements and representations has the tendency and capacity to, and has, caused members of the purchasing public to believe that the respondent's preparation possesses therapeutic properties and qualities which it does not in fact possess. As a result of such erroneous and mistaken belief, the purchasing public has been induced to, and has, purchased substantial quantities of respond- ~>nt's preparation and thereby trade has been diverted unfairly to the r~>spondent from its competitors. In consequence thereof, substantial injury has been done and is being done by the respondent to competition in commt>rce betwet>n and among the various States of the United States.

CONCLUSION The aforesaid acts and practices of the respondent as herein found nre 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. GARDNER REMEDIES, INC. H37 1W ' Ordt>L" ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the respondent, testimony and other evidence taken before John J. Keenan, examiner of the Commission theretofore J.uly J.esignated by it, in support of the nllegations of said complaint and in opposition thereto, brief in support of the complaint (no brief having been file<l on behalf of respondent and oral argument not having been requested), and the Commission having made its findings as to the facts and its conclusion that said respo!lllent has violated the provisions of the Federal Trade Commission .-\ct.

It is ordered, That the rt>spondent, Gardner Remedies, Inc., a corporation, its officers, agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of its medicinal preparation designated "Gardner's Food Herbs," or any other medicinal preparation composed of substantially similar ingredients or possessing sub- ~tantially similar properties, whether sold under the same name or under ·any other name, do forthwith cease and desist from directly or indirectly :

1. Disseminating or causing to be disseminated any advertisement (a) by means of the United States mails, or (b) by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisements represent, directly or through inferf'nce, that said preparation is a cure or remedy for, or that it possesses any substantial therapeutic value in the treatment of, hyperacidity or excess acid, acidosis, rheumatism, kidney di::;orders, liwr disorders, stomach disorders, stomach ulcers, indigestion, constipation, acid or sour stomach, gas, heartburn, colitis, dizziness, abnormal kidney functions, backache, swelling of the ankles, soreness in the region of the kidneys, soreness or stiffness in the cords or muscles of the neck, hives, skin rashes, heart pains, shortness of breath, high or low blood presure, or sleeplessness, 2. Disseminating or causing to he disseminated any advertisement by nny 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 Commis..sion Act, of said preparation, which advertisements contain any of the representations prohibited in paragraph 1 hereof.

It i8 fwrther ordered, That the respondent shall, within 60 days after service upon it of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which il has complied with this order.

21Jtli>16m 41-\'0L. 31-14 Syllabus st F. •.r.o.