May'S Cut Rate Drug Co

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IN THE 1\IATTER OF MAY'S CUT RATE DRUG COl\IP ANY CO:IIPLAI;s"T, FINDINGS, AND ORDER I:-1 REGARD TO THE ALLEGED VIOLATIO:-1 OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1014 Doc·ket 4152. Complaint, June 4, 1940-Decision, July 6, 1940 'Vhe>re a corporation engaged in sale and distribution of ntrions medicinal preparations, including drug p1·epara tion advertised as "Mnyco" and as "Genuine Mayco English Crown F£>male Capsules for Delayed P£>riods," and also designated as '·Genuine Mayco English Crown Female Cap.•miles, Double Strengl h ' and as "Genuine l\Iayco English Crown Female Capsules, Triple Strength," to purchasers thereof in various other States and In the.Dlstrict of Columbia; ln advertisements of its said product which it disseminated and caused to be disseminated through the mails and by various other mE>ans in commerce, and Including newspapers, circulars, and other advertising litera tnre and which advertise>ments were intended afld lik!'ly to induce purchase 'Of its said product- ( a) Represented, dir!'ctly and by implication, that its preparation, designated as above set forth, was a competent and effective treatment for d!'layed mlc'nstrnation and that it was safe and harmless, facts being it was not a complc'tent or effective treatment for such condition and was not safe or harmless, in that It contained drugs apiol gren, ergotin, oil of savin, and aloin in quantities sufficient to cause serious and irreparable injury to health if used under conditions prescribed in said advertisements or under such conditions as are customary or usual, and use thereof might result ln gastro-intestinal disturbances and, in those cases where used to interfere with normal course of pregnancy, in uterine infection, with extension to other pelvic and abdominal structures and even to blood stream, cau~ing condition known as septicemia or blood poisoning, and URe might produce also severe circulatory condition, often with poisonous effects and tending to cause abortion In some instances, and result in severe toxic conditions, "IJroducing, in some instances, gangrenous condition in lower limbs, resulting possibly either in loss of limbs or in other serious and irreparable injury to health; and (b) Failed to reveal, in advertisements dissemlna ted by It as aforesaid, that use of said preparation under conditions prescribed in such advertisements or under such conditions as are customary or usual, might result in serious and lrrlc'parable injury to health;

With lc'ffect of misleading and deceiving substantial portion of purchasing public into erroneous and mistaken belief that such statements, representations and ad,·ertisements were true, and that said preparation was a safe, competent, and effective treatment for delayed menstruation, and with furtbPr effect of inducing, directly or indirectly, purchase by such public of said preparation:

Held, That such acts and practices, under the circum~tances set fo1·th, were all to the prejudice and Injury of the public and constituted unfa lr and decepth·e acts and practices in comme>rce. Jlr. R. P. Bellinger for the Commission.

Robin,qc;n & Stump, of Clarksburg, W. Yn., and .1/r. Drh·id fJ. Blumenstein, of Pittsburgh, Pa., for respoml£>nt. MAY'S CUT RATE DRUG CO. 425 424 Complaint Cm.IPLAINT Pursuant to the provisions of the Federal Trade Commission Act and by virtue of the a.authority vested in it by said act, the Federal Trade Commission having reason to believe that l\Iay's Cut Rate Drug Co., a corporation, hereinafter referred to as respondent, has violated the provisions of 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. Rt>spondent, May's Cut Rate Drug Co., is a corporation, organized, existing, and doing business under the laws of the State of 'Vest Virginia, with its principal office and place of business located at 109 South Fourth Street, Clarksburg, ·w. Va. PAR. 2. Respondent is now, and for more than one year last past has been, engaged in the sale and distribution of various medicinal preparations. Among the various preparations sold and distributed by the respondent is a drug preparation advertised as ":L\fayco'' and ns "Genuine l\Iayco English Crown Female Capsules for Delayed Periods,'' also designated as "Genuine l\Inyco English Crown Female Capsules Double Strength~' and as "Genuine l\Iayco English Crown Female Capsules Triple Strength."

Respondent causes its said preparation, when sold, to be transported from its place of business in the State of 1Vest Virginia. to purchasers thereof located in various other States of the United States and in the District of Columbia. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in its said preparation in commerce between and among the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of its aforesaid business, the respondent has disseminated, and is now disst>minating, and has caused, and is now causing, the dissemination of false adnrtisements concerning its said product, by United States mails, and by Yarious 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, diredly or indirectly, the purchaso of its said product; and respondent has also 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 eomnwree, as commerce is defined in the Federal Trade Commission .Act. Among and typical of the false, misleading and deception statements and representations contained in said false adverti&'ments, disseminated and caused to be dissf'minated, 426 FEDERAL TRADE COMMISSION DECISIOKS Complaint 31 F. T. C. as hereinabove set forth, by the United States mails, by advertisements in newspapers, and by circulars and other advertising literature, are the following:

GENUINE MAYCO ENGLISH CROWN FEMALE CAPSULES for DELA YEJ> PEIUODS MAY's CUT RATE DRUG 00.

109 S. 4th St.

P .AR. 4. Through the use of the statements and representations hereinbefore set forth, and others simihtr thereto not specifically set out herein, the respondent has represented, directly and by implication, that its preparation designated "Mayco English Crown Female Capsules for Delayed Periods," also designated "Mayco English Crown Female Capsules Double Strength" and as "Mayco English Crown Female Capsules Triple Strength," is a competent and effective treatment for delayed menstruation and that said preparation is safe and harmless.

P .AR. 5. The foregoing statements and representations used and disseminated by the respondent as herein above set forth are grossly exaggerated, false, and misleading. In truth and in fact, respondent's preparation is not a competent or effective treatment for delayed menstruation. :Moreover, said preparation is not safe or harmless, in that it contains the drugs apiol green, ergotin, oil of savin, and aloin in quantities sufficient to cause serious and irreparable injury to health if used under the conditions prescribed in said advertisements or under such conditions as are customary or usual. Such use of said preparation may result in gastro-intestinal disturbances such as catharsis, nausea, and vomiting, with pelvic congestion, congestion of the uterus, leading to excessive uterine hemorrhage, and in those cases where said preparation is used to interfere with the normal course of pregnancy such use may result in uterine infection, with extension to other pelvic and abdominal structures, nnd even to the blood stream, causing the condition known as Eepticemia or blood poisoning.

Such use of said preparation may also produce a severe circulatory condition by the constriction of the blood vessels and contraction of the involuntary muscles, often with poisonous effects upon the human system and tending to cause abortion in some instances, and may re- !>ult in severe toxic conditions such as hemorrhagic diarrhea and in MAY'S CUT RATE DRUG CO. 427 424 Findings some instances producing a gangrenous condition in the lower limbs, resulting possibly either in loss of limbs or in other serious and irreparable injury to health.

Said advertisements are also false in that they fail to reveal that the use of said preparation under the conditions prescribed in said advertisements or under such conditions as are customary or usual may result in serious and irreparable injury to health. PAR. 6. The use by the respondent of the aforesaid false, misleading, and deceptive statements and representations with respect to its said preparation, disseminated as aforesaid, has had and now has the capacity and tendency to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements, representations, and advertisements are true, and that such preparation is a safe, competent and effective treatment for delayed menstruation, and to induce, directly or indirectly, the purchase by the public of the respondent's said preparation. PAR. 7. 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 ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on June 4, 1940, issued, and on June 5, 1940, served, its complaint in this proceeding upon respondent, May's Cut Rate Drug Co., a corporation, charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On June 21, 1940, the respondent filed its answer, in which answer it admitted all the material allegations of fact set forth in said complaint and waived all intervening procedure and further hearing as to said facts. Thereafter, the proceeding regularly came on for final hearing before the Commission on the said complaint and the answer thereto, and the Commission, having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public, and makes this its findings as to the facts and its conclusion. drawn therefrom. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, May's Cut Rate Drug Co., is a corporation, organized, existing, and doing business under the laws of the State of 'Vest Virginia, with its principal office and place of business located at 109 South Fourth Street, Cl:uksburg, W. Va. 42~ FEDERAL TRADE COMMISSION DECISIONS Findings 31 F. 'r. C. PAR. 2. Respondent is now, and for more than 1 year last past has been, engaged in the sale and distribution of various medicinal preparations. Among the various preparations sold and distributed by the respondent prior to January 16, 1940, was a drug preparation advertised as "Mayco" and as "Genuine Mayco English Crown Female Capsules for Delayed Periods," also designated as "Genuine Mayco English Crown Female Capsules, Double Strength," and as "Genuine l\Iayco English Crown Female Capsules, Triple Strength." Respondent caused its said preparation, when sold, to be transported from its place of business in the State of West Virginia to purchasers thereof, located in various other States of the United States and in the District of Columbia. Respondent maintained, and at all times mentioned herein, prior to January 16, 1940, did maintain, a course of trade in its said preparation in commerce between and among the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of its aforesaid business, the respondent h&s disseminated and has caused the dissemination of false advertisements concerning its said product, by United States mails, and by various other means in commerce, as "commerce" is defined in the Federal Trade Commission Act, for the purpose of inducing, and which were likely to induce, directly or indirectly, the purchase of its said product; and respondent has also disseminated and has caused the dissemination of false advertisements concerning its said product by various means, for the purpose of inducing and which were 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, misleading, and deceptive statements and representations contained in said false advertisements, disseminated and caused to be disseminated, as hereinafter set forth, by the United States mails, by adl-·ertisements in newspapers, and by circulars and other advertising literature, were the following:

GENUINE MAY CO E:'\CUSH CROWN FEMALE CAPSL'LES :tor DELAYED PERIODS MAY'S CUT RATE DRUG CO.

109 S. 4th St.

:MAY'S CUT RATE DRUG CO. 429 424 Findings PAR. 4. Through the use of the statements and representations herein set forth, and others similar thereto, not specifically set out herein, the respondent has represented, directly and by implication, that its preparation, designated "Mayco English Crown Female Capsules for Delayed Periods," also designated ")layco English Crown Female Capsules, Double Strength," and as "Mayco English Crown Female Capsules, Triple Strength," is a competent and effective treatment for delayed menstruation, and that said preparation is safe and harmless.

PAR. 5. The foregoing statements and representations used and disseminated by the respondent as hereinabove set forth are grossly exaggerated, false, and misleading. In truth and in fact, respondent's preparation is not a competent or effective treatment for delayed menstruation. Moreover, said preparation is not safe or harmless, in that it contains the drugs apiol green, ergotin, oil of savin, and aloin in quantitirs sufficient to cause serious and irreparable injury to health if used under the conditions prescribed in said advertisements or under such condition.s as are customary or usual. Such use of said preparation may result in gastro-intestinal disturbances such as catharsis, nausea, and vomiting, with pelvic congestion, congestion of the uterus, leading to excessive uterine hemorrhage, and in those cases where said preparation is used to interfere with the normal course of pregnancy, such use may result in uterine infection, with extension to other pelvic and abdominal structures and even to the blood stream, causing the condition known as septicemia or blood poisoning.

Such use of said preparation may also produce a severe circulatory condition by the constriction of the blood vessels and contraction of the involuntary muscles, often with poisonous effects upon the human ~ystem and tending to cause abortion in some instances, and may result in severe toxic conditions such as hemorrhagic diarrhea and in some instances, producing a gangrenous condition in the lower limbs, resulting possibly either in loss of limbs or in other serious and irreparable injury to health.

Said advertisements are also false in that they fail to reveal that the use of said preparation under the conditions prescribed in said advertisements or under such conditions as are customary or usual may result in serious and irreparable injury to health. PAR. G. The use by the respondent of the aforesaid false, misleading, and deceptive statements and representations with respect to its said preparation, disseminated as aforesaid, has had and now has the Order 31 F.'£. C.

capacity and tendency to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements, representations, and advertisements are true, and that such preparation is a safe, competent, and effective treatment for delayed menstruation and to induce, directly or indirectly, the purchase by the public of the respondent's said preparation. CONCLUSION The aforesaid acts and practices of the respondent, as herein found, were and 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. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the answer of the respondent, in which answer respondent admits all the material allegations of fact set forth in said complaint, a·nd states that it waives all intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and its conclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, May's Cut Rate Drug Co., a. corporation, its officers, agents, representatives, servants, employees, and assigns, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of its medicinal preparation designated and advertised as "Mayco," and as "Genuine l\Iayco English Crown Female Capsules for Delayed Periods," and also designated as "Genuine Mayco English Crown Female Capsules, Double .$trength," and as "Genuine Mayco English Crown Female Capsules, Triple Strength," or of any other medicinal preparation composed of substantially similar ingredients or possessing substantially similar properties, whether sold under the same names or under any other name or 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, a,; "commerce" is defined in the Federal Trade Commission Act, which advertisement represents, directly or by implication, that said preparation is a safe, competent, and effective preparation for use in the treatment of delayed menstruation; that said preparation is MAY'S CUT RATE DRUG CO. 431 424 Order a cure or remedy for delayed menstruation; or which advertisement fails to reveal that the use of said preparation may result in serious and irreparable injury to the health of the user. 2. Disseminating or causing to be disseminated any advertisement by any means for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in commerce, as "commerce" is defined in the Federal Trade Commission Act, of said preparation, which advertisement contains any representations prohibited in paragraph 1 hereof, or which fails to reveal that the use of said preparation may result in serious and irreparable injury to the health of the user. It is further ordered, That the respondent shall, within 10 days after service upon it of this order, file with the Commission an interim report in writing, stating whether it intends to comply with this order, and, if so, the manner and form in which it intends to comply; and that within 60 days after service upon it of this order, said respondent shall 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 31 F. T. C.