Retonga Medicine Co

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IN THE MATI'ER OF RETONGA MEDICINE COMPANY COMI'LAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CO~GRESS APPROVED SEPT. 26, 1914 Docket 3949. Complaint, Nov. 14, 1939-Decisicm, June 25, 1940 Where a corporation engaged in sale and distribution of its "Retonga" medicinal preparation as treatment for stomach disorders and various other ailments, to purchasers in various other States and in the District of Columbia; in adver·tisements of Its said product which it disseminated and caused to be disseminated through the mails, by Insertion in newspapers and periodicals of general circulation, and in circulars and other printed or written matter distributed In commerce among the States, and by other means in commerce, and which were intended or likely to induce purchase of said preparation, and in false advertisements which it also disseminated through the same means and through use of purported testimonial letters published in local newspapers in form of news items reciting various beneficial results claimed to have been obtained by parties in such testimonial letters, and through which it represented that its said product would cure, eliminate or alleviate various symptoms which were, in fact, indicative of diseases and disorders for which its preparation bad no curative or therapeutic value-- (a) Represented, through use of statements In such advertisements that its said "Retonga" was an alterative medicine and powerful stomachic, and cure or remedy for, or competent treatment of, nervousness, night rising, indigestion, headaches, sluggishness, pains, toxic poisoning, constipation, dizziness, muscular aches and pains, insomnia, biliousness, undernourishment, loss of weight, lack of strength, weak kidneys, and other long standing disorders, and was beneficial and effective in treatment of various diseases of which aforesaid disorders were symptoms, and relieved body of toxic poisons and cleansed system and renewed, restored and built up strength and appetite and body, and restored health and increased weight;

Facts being it was not a remedy or cure for nervousness and various other ailments or conditions above set forth, and would be of benefit in treatment of such conditions or symptoms only insofar as certain of them might be due to constipation or lack of appetite, it did not possess any therapeutic or beneficial value In treatment of diseases or disorders o! which foregoing conditions might be symptoms, in excess of extent towhich use of a mild laxative and gastric tonic might temporarily relieve symptoms due to constipation or lack of appetite, had no therapeutic value In treatment of former in excess of providing temporary relief therefrom. therapeutic properties thereof did not exceed those of a mild laxative and gastric tonic or stomachic, nnd It bad no therapeutic value in healing. curing, or relieving functional or organic systemic disorders in excess of providing such relief as might be accomplished by administration of such a preparation as above indicated, and would not accomplish, except a~ at::>resald noted, various results claimed therefor as above set forth; Complaint 31F.T.C.

With effect of misleading and deceiving suustantial portion of purchasing public into erroneous and mistaken belief that foregoing false, deceptive and misleading statements, representations and advertisements were true, and that said preparation was a cure or remedy tor varlous disorders for which it had little or no therapeutic value, and of inducing purchase by such public of its said drug containing medicinal preparation: Held, That such acts and practices, under the circumstances set fot'th, were all to the prejudice of the public and constituted unfair and deceptive acts and practices in commerce.

Mr. J. lV. Brookfield, Jr. for the Commission. Complaint Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission having reason to believe that Retonga Medicine Co., a corporation, hereinafter referred to as respondent, has violated the provisions of the said act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

PARAGRAPH 1. Respondent, Retonga Medicine Co., is a corporation organized and existing under and by virtue of the laws of the State of Georgia, with its main office located at 16t Spring Street NW., in the city of Atlanta, State of Georgia. Respondent, during the year last P:tst, .has be~n and still is engaged in the sale and distribution of a certain medicinal preparation containing drugs known as "Retonga," which is offered for sale and sold as a treatment for stomach disorders and various ailments of the human body. In the course and conduct of its business, respondent causes said medicinal pi'eparation when sold to be transported. from its phtee of business in the State of Georgia to the purchasers thereof located in various other States of the United States other than the State of Georgia, and in the District of Columbia. Respondent maintains and at all times mentioned herein has maintained a course of trade in said preparation in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of its aforesaid business, the 1·respondent has disseminated and is now disseminating, and has caused, and is now causing the dissemination of false advertisements concerning its said products, by United States mails, by insertion in newspapers and periodicals having a general circulation and also in circulars 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 RETONGA MEDICINE CO. 227 225 Complaint 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 its said product, and has disseminated and is now disseminating, and has caused and is now causing, the dissemination of false advertisements concerning its said product, by various means, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of its said product 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:

The theory upon which Retonga was founded was first thought of by a German pharmaceutical chemist of many year's experience who was employed by one of the largest medicine companies in America • • • It took several years for these experiments but finally Retonga reached the stage of perfection sought by its. originator.

Retonga contains seven different herbs, each one of which has a dil"ferent e:l'l'ect on the human system.

It is a powerful stomachic and alterative medicine. Retonga gives you a keen appetite for good, wholesome, nourishing food and stimulates natural digestive processes.

Farmers, mechanic>~, merchants and men and women in every walk of life tell how Retonga relieved them of long suffering from nervousness, night risings, sour indigestion, headaches, sluggishness, and pains from toxic poisons with constipation.

Reports from men and women who were weakened and tired, suffering from food fermentation, bl:'aduebes, uizziues~, and muscular pains from sluggish bowels, say this new roots, herbs, and barks medicine has brought them rapid and lasting relief.

Retouga is inexpensive and brings lasting results. Nearly all users of Retonga who send In statements of their experiences say that their troubles have been stubborn and of long standing, ranging from a few months' duration to many years, and although they ba\'e tried many medicines, Retonga is the only one that bas brought them real relief. Great Up-Building Herb Preparation, Retonga, overcomes Weakened Condition, Strengthens Digestion, Corrects Toxic Aches and Pains of Sluggish Elimination, and Builds Up Your Strength.

Retonga, the remarkable new strengthening and up-building herbal medicine which is sweeping the country with sensational success, • • • The very first bottle of Retonga is guaranteed to bring a decided improvement In your poor, weakened, tired-out ailing condition or e'l'ery cent of the small cost will be refunded without question.

Unlimited Guarantee No matter bow long-standing and stubborn your weakened, worn-<~ut condition may be, or how many times you have tried and fallPd to find rPllet from stubborn nervous, Indigestion, muf'cular pains and achy joints, lo!<s of weight from undernouril;hment, lack of strength, and similar harassing complaint~ due to a l(•t- 228 FEDERAL TRADE CO~IMISSION DECISIONS Complaint 31 F. 'f. C. down fagg':'d-out condition, RETONGA is guaranteed to bring you gratifying improvement or you can return your very first bottle and get your mof!ey back without question.

Retonga has established a remarkable record everywhere for quickly overeoming long-standing cases of nervous indigestion, sluggish bowels, lack of strength and other distressing disorders.

Every day Retonga is thanked by scores of grateful men and women for ridding them of acid indigestion, weakened, worn-out condition and building up their strength.

In addition to the foregoing advertisements, the respondent disseminates false advertisements in the same. manner as set out above by means of purported testimonial letters which the respondent publishes in local newspapers in the form of news items reciting the various beneficial results claimed to have been obtained by the parties in such testimonial letters. In this manner the respondent represents that its preparation will cure, eliminate or alleviate various symptoms which are in fact indicative of diseases and disorders for which respondent's preparation has no curative or therapeutic value. Typical of such .advertising disseminated as aforesaid is the following: I Didn't Dare Eat Such Things as Meat or Beans Before I Got Retonga. ••n•s the Finest Medicine I Ever Saw", Declares Link Belt Employee. Eats anything He wants Now; Other Troubles Disappeared, Too. Tells Experience. Colds are often dangerous and the changeable weather of spring is a season of colds. Keep yourself strengthened and built up. A weakened, run-down condition, sluggish elimination, poor digestion and acid wastes in the system lower resistance, make colds easier to catch and hang on longer. Every day Retonga is thanked by scores of grateful men and women flr ridding them of acid indigestion, weakened, worn-out condition and building up their strength. Mr. William D. Brunnemer, 38 North Bell View Place, Indianapolis, a member of Waverly Masonic Lodge, and for 14 years a popular and valued employee of the Link Belt Company, one of the world's best-known concerns, gave Retonga a thorough test in his own case and says:

"I was in such bad shape I was afraid to eat for I almost smothered from sour indigestion and gas after every meal. I didn't dare touch meat, beans or greasy foods for they seemed like poison to my system. At night I had to get up practically every hour to relieve my kidneys and my passnges burned and were cloudy and had a strong odor. Stubborn constipation added to my troubles and for years I had to take a laxative as regularly as I wentJ to bed. l\ly feet would swell and burn like coals of fire and I had pains between my shoulders and in mY arms that felt as sharp as a knife. I felt so tired out and draggy it was an effort to move, and I hardly know what I would have done if I hadn't got hold of Retonga when I did.

"Retonga fixed me up so fine I now eat anything without a sign of indigestion; I don't need laxatives any more and every pain and ache is gone. Instead of getting up seven or eight times every night, I seldom get up at all, aud the burn· ing and cloudiness and odor have disappeared. I feel sure being built up again RETONGA MEDICINE CO. 229 225 Complaint helps me avoid the colds so many are suffering from. I hope everybody sees my statement and tries Retonga. It's the finest upbuilding medicine I ever saw."

Try Retonga. The Retonga representative at Hook's Dependable Drug Store, S. E. corner Illinois and Washington Sts., will gladly tell you all about it without obligation. Retonga may be obtained at all Hook's Dependable Drug Stores, $1.25 size 98¢.

PAR. 3. Through the use of the statements hereinabove set forth and others similar thereto not specifically set out herein, all of which purport to be descriptive of the remedial, curative, or therapeutic properties of respondent's preparation, respondent has represented and does now represent, directly and indirectly, that its preparation Retonga: (a) is an alterative medicine and powerful stomachic; (b) is a cure or remedy for, or a competent treatment of, nervousness, night rising, indigest.ion, headaches, sluggishness, pains, toxic poisoning, constipation, dizziness, muscular aches and pains, insomnia, biliousness, undernourishment, loss of weight, lack of strength, weak kidneys, and other long-standing disorders, and that said preparation is beneficial and effective in the treatment of the various diseases of which these disorders are symptoms; (c) relieves the body of toxic poisons and cleanses the system; (d) renews, restores, and builds up the strength and appetite, restores the health, builds up the body, and increases weight.

The aforesaid representations and claims used and disseminated by the respondent as hereinabove described are grossly exaggerated, misleading and untrue. In truth and in fact Retonga is not an alterative medicine or powerful stomachic, and its therapeutic properties are limited to little more than those of a laxative. It is not a remedy or cure for nervousness, night risings, indigestions, headaches, sluggishness, pains, toxic poisoning, constipation, dizziness, mu!?cular aches and pains, insonmia, biliousness, undernourishment, loss of weight, lack of strength, weak kidneys, or other long-standing disorders or a competent treatment therefor, and is not beneficial or effective in the tt·eatment of various diseases of which such disorders are symptoms. Its use does not relieve the body of toxic poisons or cleanse the system. It does not renew, restore or build up the strength, appetite or health. It does not build .np the body or increase weight. PAR. 4. The use by the respondent of the foregoing false, deceptive and misleading statements, representations and advertisements disseminated as aforesaid with respect to said medicinal preparation has had and now has the capacity and tendency to antl does mislead ann deceive a sub~tantial portion of the pmThasing puhlic into the errone- Findings 31F.'.r. 0. ous and mistaken belief that such false statements, representations and advertisements are true, and that said preparation is a cure or remedy for various disorders for which it has little or no therapeutic value, and induces the purchase by the public of respondl'nt's medicinal preparation containing drugs.

PAR. 5. The aforesaid acts and practices of the respondent as herein alleged are all to the prejudice and injury of the public and constitute 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 Onder Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on November 14, 1939, issued and served its complaint iri this proceeding upon said respondent, Retonga Medicine Co., charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On November 29, 1939, the respondent filed its 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 W. T. Kelley, 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 of the charges stated in the complaint, or in opposition thereto, and that the said 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 ad vised 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. Fll>.~INGS AS TO THE FACTS PARAGRAPH 1. Respondent, Retonga Medicine Co., is a corporation organized and existing under and by virtue of the laws of the State of Georgia, with its main office located at 161 Spring Street, NW., in the city of Atlanta, State of Georgia. Respondent is now and during the year last past has been engaged in the sale and distribution of a certain medicinal preparation, composed of drugs and known as "Retonga," which is offered for sale and sold as a treatment for stomach disorders RETONGA MEDICINE CO. 231 225 Findings and various ailments of the human body. In the course and conduct of its business, respondent causes said medicinal preparation when sold to be tram;ported from its place of business in the State of Georgia to the purchasers thereof located in various other States of the United States other than the State of Georgia, and in the District of Columbia. Respondent maintains and at all times mentioned herein has maintained a course of trade in said preparation in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of its aforesaid business, the respondent has disseminated and is now disseminating, and has caused, and is now causing the dissemination of false advertisements concerning its said product, by United States mail, by insertion in newspapers and periodicals having a general circulation and also in circulars 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 its said product, and has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning its said product, by various means, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of its said product in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the false statements and representations contained in said adwrtisements, disseminated and caused to be disseminated, as aforesaid, are the following: The theory upon which Retonga was founded was fir!'t thought of by a German pharmaceutical chemist of many years' experience who was employed by one of the largest medicine companies in America. • • • It took several years for these experiments but finally Retonga reached the state of perfection sought by its originator.

Retonga contains seven different herbs, each one of which has a different eflect on the human system.

It Is a powerful stomachic and alterative medicine. Retonga gives you n keen appetite for good, wholesome, nourishing food and stimulates natural digestive processes.

Farmers, mechnnlcs, mE-rchants and men and women In every walk of life tell how Retonga relieved them of long suffering from nervousness, night risings, sour indigestion, hE>adarhes, sluggl!>hness, and pains from toxic poisons with constipation.

Rl'ports from nwn and women who were weakened and tired, suffering from food} fl'rmentation, headaches, dizziness. and mus<"ulnr palus from sluggish bowels say tllls npw roots, hE>rbs, and bnrks rnPdidne bas brought them rapid nnd lasting teliE>f.

Rl:'tonga Is lnPXJl('nsive and brings lasting results. 2001it6m-4t ,.OL, 31--18 Findings 31 F. T. C. Nearly all users of Iktong& who send In statements of their experieuces say that their troubles have been stubborn and of ~ong Stf!.nding, ranging .from a few months' duration to many years, and although they have tried many medicines, Retonga Is the only one that bas brought them real relief. Great Up-Bulldlng Herb Preparation, RETONGA overcomes Weakened Condition, Strengthens Digestion, Corrects Toxic Aches and Pains of Sluggish Elimination, and Builds Up Your Strl'ngth.

Retonga, the remarkable new strengthening and up-building herbal medicine which is sweeping the country with sl'nsational success, * * *. The very first bottle of Rl'tonga is guaranteed to bring a decided improvement in your poor, weakened, tired-out ailing <"ondition or every cent of the small cost will be refunded without question.

Unlimited Guarantee No matter how long-stamling anti stubborn your Wf:'llkPHe-d, worn-out condition may be, or bow many timl's you have trial'tl and faill'd to find rl'llef from stubborn nervous indigestion, muscular pains and achy joints, loss of weight from undez·nourisbmPnt, lack of strength, and similar harassing complaints due to a Jetdown, faggld-out condition, RETONOA is guaranteed to bring you gratifying improvement or you can return your ,-lry first bottle and get your monly back without question.

Retonga ha; established a remarkable recot·d evet·ywhere lor quickly overcoming long-standing cm;es of nervous Indigestion, sluggish bowels, la<"k of strength and other distressing disorders.

Every day Retonga is thanke-d by scores of gratPfnl men and women for ridding them of acid indigestion, weakl'ned, worn-out condition and building up theil' strength.

In addition to the foregoing advertisements, the respondent disseminates false advertisements in the same manner us set out above by means of purported testimonial letters which the respondent publishes in local newspapers in the form of news items reciting the various beneficial results claimed to have been obtained by the parties in such testimonial letters. In this manner the respondent represents that its preparation will cure, eliminate or alleviate various symptoms which are in fact indicative of diseases and disorders for which respondent's preparation has no curative or therapeutic value. Typical of such advertising disseminated as aforesaid is the following: I Didn't Dare Eat Such Thii1gs as Meat or lleaus I~efore I Gut Retonga. "It's the Finest Medicine I ever Saw," Declares Link Belt Employee. Eats anything He wants Now; Other Troubles Disappeared Too. Tells Experience. Colds are often dangl'rous and the changPablP weather of spring is a season of colds. Keep yourselt strengthened and built up. A weakened, run-down condition, sluggish elimination, poor digestion and acid wastes in the systenl lower resistance, makes colds pasier to catch and hang on longer. E\·ery day Retonga is thanked by scores of gratrful men and women for ridding theiil of acid ino:ligestion, weakened, worn-out cono:litlon and building up tl!Pir strength. Mr. William D. llrunnemer, 3S North BPll View Place, Indianapolis, u nwmber of \Vaverly l\lasonic Lodge, and for U year>~ a popular and vnluto"d Pmployee ot the Link llelt Com(mny, one of the world's l.w!<t-known con<:Pru,;, gave RPtongn 11 thorough tell in hli own case 1111cl sar,: RETONGA MEDICINE CO. 233 Findings "I was in such bad shape I w.as. afraid t_o eat for I aln!ost smothe~ed from pour Indigestion and ga:,~ after evrry meal., I didn't d:u;e touch meat, beans or greasy foods for they seemed like poison to my system. At night I had to get up practically every hour to relieve my kidneys and my passages burned and were cloudy and had n strong odor. Stubborn constipation added to my troubles and for years I had to take a laxative as regularly as I went to bed. My feet would swell and burn like coals of fire and I had pains b!'tween my shoulders and in my arms that felt as sharp as a knife. I felt so tired out and draggy it was an efl'ort to move, and I hardly know what I would have done if I hadn't got hold of Retonga when I did. "Retonga fixed me up so fine I now eat anything without a sign of indigestion; I don't need laxatives any more and every pain and ache is gone. Instead ot getting up seven or eight times every night, I seldom get up at all, and the hurning and cloudine><s and odor have disappcarl'd. I .feel sure being built np again heips me avoid the colds so many are suffering from. I hope everybody ~Pes my statl'lnl'ut and trl!'s Retonga. It's the finest upbuilding medicine I ever saw."

Try Retonga. The Rt>tonga rl'presentative at Hook's Dependable Drug Store, S. E. corner Illinois and Washington Sts., will gladly tell you all about it without obligation. Retonga may be obtained at all Hook's Dependable Drug Stores, $1.25 size 98¢.

PAR. 3. Through the use of the statements hereinabove set forth and others similar tl1ereto not specifically set out herein, all of which purport to be descriptive of the remedial, curative, or therapeutic propeifies of respondent's preparation, respondent has represented and does now represent, directly and indirectly, that its preparation Retonga is an alterative medicine and powerful stomachic; is a cure or remedy for, or a competent treatment of, nervousness, night rising, indigestion, headaches, sluggishness, pains, toxic poisoning, constipation, dizziness, muscular aches and pains, insomnia, biliousness, undernourishment, loss of weight, lack of strength, weak kidneys, and other long-standing disorders, and that said preparation is beneficial 1md effective in the treatment of the various diseases of which these disorders are symptoms; relieves the body of toxic poisons and cleanses the system; renews, restores, and builds up the strength and appetite, restores the health, builds up the body and increases weight. The therapeutic properties of '~Retonga" do not exceed those of a. mild laxative and gastric tonic or stomachic. The preparation "Retonga" is not a remedy or cure for nervousness, night rising, indigestion, headaches, sluggishness, pains, toxic poisoning, dizziness, muscular aches and pains, insomnia, biliousness, undernourishment, loss of weight, lack of strength, or weak kidneys, and such preparation would be of benefit in the trl'atment of such conditions or symptoms only insofar as certain of them might be due to constipation or lack of appetite. Such preparation does not possrss any therapeutic or beneficial value in the treatment of the uiseascs anu uisorclers of which the forrgoing conuitions may be symptoms in excess of the extent to which 234 FEDERAL TRADE Commlssion DECISIOXS Order 31 F. T. C.

the use of a mild laxative and gastric tonic may temporarily reliev~ symptoms due to constipation or lack of appetite. Said preparation has no therapeutic value in the treatment of constipation in excess of providing temporary relief therefrom. It does not relieve the body of toxic poisons or cleanse the system or have any beneficial effect on kidney or bladder disorders. The use of such preparation does not renew or restore the strength or health of the user and its therapeutic properties with respect to building health or strength are limited to supplying a stomachic or gastric tonic which stimulates the appetite and may indirectly increase weight by reason of an increase in food intake. Said preparation has no therapeutic value in healing, curing or relieving functional or organic systemic disorders in excess of providing such relief as may be accomplished by the administration of a. mild laxative or stomachic.

The use by the respondent of the foregoing false, deceptive and misleading statements, representations and advertisements disseminated as aforesaid with respect to said medicinal 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 true, and that said preparation is a cure or remedy for various disorders for which it has little or no therapeutic value, and induces the purchase by the public of respondent's medicinal preparation containing drugs.

CONCLUSION The aforesaid acts and practices of the respondent as herein found are all to the prejudice of the public and constitute 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, the answer of the respond· ent, and the stipulation as to the facts entered into between the respondent herein and W. T. Kelley, 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.

RETONGA MEDICINE CO. 235 Order It is o·rdered, That the respondent Retonga :Medicine Co., a corporation, its officers, agents, representatives, and employees, directly or through any corporate or other device in connection with the offering for sale, sale, and distribution of its medicinal preparation advertised as "Retonga" or any other medicinal preparation composed of sub-. stantially similar ingredients or possessing substantially similar properties, whether sold under the same name or under any other names, 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 inference, ( 1) that said preparation is a cure or remedy for diseases or disorders characterized by such symptoms or conditions as nervousness, indigestion, headaches, sluggishness, pains, toxic poisoning, dizziness, muscular aches and pains, insomnia, biliousness, undernourishment, loss of weight, or lack of strength, or possesses any remedial or curative value in connection with the treatment of such diseases, disorders, symptoms or conditions; (2) that said preparation possesses any value in the treatment of such symptoms and conditions as nervousness, indigestion, headaches, sluggislmess, pains, toxic poisoning, dizziness, muscular aches, and pains, insomnia, biliousness, undernourishment, loss of weight, or lack of strength in excess of the temporary relief furnished by a mild laxative or gastric tonic when such symptoms or conditions are due to or caused by constipation or lack of appetite; (3) that said preparation has therapeutic value in the treatment of constipation in excess of providing temporary relief therefrom; ( 4) that said preparation relieves the body of toxic poisons or cleanses the system; ( 5) that said preparation has any beneficial effect or therapeutic value in the treatment of kidney or bladder disorders; (6) that said preparation renews or restores the strength or health or has any therapeutic properties with respect to buUding h(.'alth or strength in excess of stimulating the appetite. 2. Disseminating or causing to be diss(.'minated 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 Commission Act of said preparation which said advertisements contain any of the representations pro., hibited in paragraph 1 hereof.

It is fwrther o·rdercd, 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 it has complied with this order.

Syllabus 311<'. ·r. u.