May'S Cut Rate Drug Co. of Charleston

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IN THE MATTER OF MAY'S CUT RATE DRUG COMPANY OF CHARLESTON CmiPL.\IYr, FI~DINGS, A~D ORDER I~ REGARD TO THID ALLEGED VIOLATIO~ OF SEC. 5 OF A~ ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 1,153. Complaint, June ;,, 1'91,0-Decisi,m, July 6, 19!,0 Where a corporation engaged in sale and distribution of various medicinal preparations, including drug preparation advertised as "Mayco" and as "Genuine Mayco English Crown Female Cnp~ules For Delayed Periods," and also designated as "Genuine l\Iayco English Crown Female Capsules Double Strength" and as "Genuine Mayco English Crown Female Capsules Triple Strength," to purchasers thereof in various other States and in the District of Columbia; In advertisements of Its soid product which it disseminated and caused to be disseminated through the mails and by various other means in commerce, and including newspapers, circulars, and other advertising literature and which advertisements were intended and likely to induce purchase of its said product- (a) Represented, directly and by Implication, that its preparation designated as above 8et forth was a competent and effective treatment for delayed menstruation and that it was safe and harmless, facts being said preparation was not a competent or effective treatment for such condition and was not safe or harmless, in that it contained drugs apiol green, ergotin, oil of savin, and aloin in quantities sufficient to cause serious and irreporable injury to health if used under conditions prescribed in said advertisements or under such conditions as are customary or usual, and the use thereof might result in gastro-intestinal disturbances and, in those cases where used to interfere with normal course of pregnancy, in uterine infection, with extension to other pelvie and abdominal structures and even to blood ~tream, causing condition !mown as septicemia or blood poisoning, and use thereof might also produce severe circulatory condition, often with poisonous effects and tending to cause abortion in some lnstancel'l, and result In severe toxic conditions, producing, In some cases, 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 disseminoted by it as aforesaid, that use of said preparation under conditions prescribed In such advertisements or under such conditions as are customs.ry or usual, might result in serious and irreparable injury to health:

With effect of misleading and decei\·ing substantial portion of' purchasing public into erroneous and mistaken belief that such statements, representations, and advertisements were true, and that said preparation was a safe, competent, and effecti\·e treatment for delayed menstruation, and with fm-ther effect of inducing, directly or indirectly, purchase by sucb public of said preparation :

Held, That such acts and practices, under the cit·cumstances set forth, wet·e all to the prejwlice and injury of the public and constituted unfair and decPptlve acts and practiCPS In commerce .

.1/r. R. P. Bellinger for the Commission.

Jfr. David D. Blumenstein, of Pittsburgh, Pa., for respondent. MAY'S CUT RATE DRUG CO. OF CHARLESTON 433 432 Complaint 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 May's Cut Rate Drug Co. of Charleston, 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. Respondent l\Iay's Cut Rate Drug Co. of Charleston 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 911 Quarrier Street, Charleston, ,V, 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 respondent is a drug preparation advertised as "Mayco" and as "Genuine l\Iayco English Crown Female Capsules for Delayed Periods" also designated as "Genuine l\Iayco 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 'Vest 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, therespondent 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 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 are likely to induce, directly or indirectly, the purchase 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 saitl 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 fal:se adnrtisements, disseminated and caused to be Complaint 31F.T.C.

disseminated, as hereinabove set forth, by the United States mails, by advertisements in newspapers, and by circulars and other advertising literature, are the following:

Genuine }fA Yeo English Crown Female Capsules For Delayed Periods Safe-Certain- Harmless $5.00 Box $3.98 On Sale at May's Only Mail Orders Add 15¢ for Tax and Postage PAR. 4. Through the use of the statements and representations hereinbefore set forth, and others similar thereto not specifically set out herein, the respondent has represented, directly and by implication, that its preparation designated "Mayea English Crown Female Capsules for Delayed Periods," also designated ".M:ayco English Crown Female Capsules Double Strength" and as "Mayea English Crown Female Capsules Triple Strength," is a competent and effective treatment for delayed menstruation, and that sald 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 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 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 MAY'S CUT Rofe DRUG CO. OF CHARLESTON 435 432 Findings system, 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. 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 Ac~ 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., of Charleston, 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 24, 1940, the respondent filed its answer, in which answer it admitted all of 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 l\Iay's Cut Rate Drug Co. of Charleston is a corporation, org-anized, existing, and doing business under the laws of the State of ""'est Virginia, with its principal office and place of business located at 911 Quarrier Street, Charleston,'""· Va. Findings 31 F. 'r. C. P.AR. 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\Iayco" and as "Genuine Mayco English Crown Female Capsules for Delayed Periods," also designated as "Genuine l\Iayco 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 'Vest 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 disseminating, and has caused, and is now causing, 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 are likely to induce, directly or indirectly, the purchase 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 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 hereinabove set forth, by the United States mails, by advertisements in newspapers, and by circulars and other advertising literature, are the following:

Genuine MA YCO English Crown Female Capsules For Delayed Periods Safe-Certain- Harmless $:i.OO Box $.'3.98 On Salt> at May's Only :\[all Ordt>rs Add 15¢ for Tax and Po!<tage MAY'S CUT RATE DRUG CO. OF CHARLESTON 437 432 Findings PAR. 4. Through the use of the statements and representations hereinbefore set forth, and others similar thereto not specifically set out herein, the respondent has represented, directly and by implication, that its preparation designated ''Mayea English Crown Female Capsules for Delayed Periods," also designated "Mayea English Crown Female Capsules Double Strength," and as "Mayea 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 quantities sufficient to cause serious and irrl:'parable injury to health if used under the conditions prescribed in said advertisl:'ments 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 and even to the blood stream, causing the condition known as septicemi~t or blood poisoning.

Such use of said preparation may also produce a severe circulatory condition by the constriction of the blood vessels and contraction o:t the involuntary muscles, often with poisonous effects upon the human system 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. 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 th~ capacity and tendency to mislead and dl:'ceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements, representations, and advertisements are true, and Order 31 F. T. C.

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 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 as set forth in said complaint, and 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. of Charleston, 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 "l\fayco," and as "Genuine l\fayco English Crown Female Capsules for Delayed Periods," and also designated as "Genuine Mayea English Crown Female Capsules, Double Strength," and as "Genuine Mayea 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, as "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 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. MAY'S CUT RATE DRUG CO. OF CHARLESTON 439 432 Order 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 <."'ntains any representations prohibited in Ps.ragraph 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 isfu1·ther 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 1 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. 2fl(j516"' H-VOL, 31-31 Syllabus 31 F. T. 0.