Pierre Chemical Co., Dr

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IN THE MATTER OF DR. PIERRE CHEMICAL COMP ~\.NY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO Tile ALLEGED VIOLATION OJ•' SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, loll Docket 4005. Compla~nt, Jan. 31, 19.W-Decision, Sept, 1!1, 19.W Where a corporation engaged ln the manufacture, sale and distribution in commerce among the various States and in the District of Columbia of its medicinal preparations known as Dr. Pierre's Boro-Pheno-Form Vaginal Suppositories and Dr. Pierre's Boro-Pheno-Form Vaginal Creme; in advertisements which it disseminated concerning its said medicinal preparations through the mails, through newspapers and periodicals of general circulation, and through circulars and other printed or written matter distributed in commerce among the various States, and through other means ln commerce and otherwise, and which were intended and likely to Induce purchase of its said product- Represented directly or by implication that its said products constituted in all cases competent and effective contraceptives and were competent and effective germicides and possessed substantial therapeutic agents which healed irritated tissues and membranes and had been approved and accepted and were recommended by a substantial number of reputable physicians; racts being aforesaid products did not generally or in a majority of cases constitute competent or effective preventives for aforesaid purposes and while they possessed antiseptic ingredients of low toxicity were not competent or effective germicides generally; contained no substantial therapeutic agents or properties which would serve to heal irritated tissuet;> or membranes and had not boen approved, accepted, or recommended by any sub;;tantial number of reputable physicians;

With tendency and capacity to mislead and deceive substantial portion of the purchasing public into the erroneous belief that said representations were correct and constituted statements of fact, and with result, as direct consequence of such mistaken and erroneous beliefs induced by its said representations, that a number of the purchasing public bought substantial quantities of said Boro-Pheno-Form Vaginal Suppositories and Boro-Pheno- Form Vaginal Creme:

Held, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and constituted unfair and deceptive acts and pmctices fn commerce.

Mr. James L. Baker for the Commission.

Mr. Clinton Robb, of Washington, D. C., for respondent. 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 Dr. Pierre Chemical Co., a corporation, hereinafter referred to as respondent, has DR. PlEURE CHEMICAL CO • 1003 1002 • Complaint 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. Dr. Pierre Chemical Co. is a corporation created, organized, and existing under and by virtue of the laws of the State of Delaware, with its office and principal place of business at 162 North Franklin Street, Chicago, Ill.

PAR. 2. The respondent is now, and for more than 1 year last past has been, engaged in the sale and distribution of certain medicinal preparations known as Dr. Pierre's Boro-Pheno-Form Vaginal Suppositories, and Dr. Pierre's Boro-Pheno-Form V nginal Creme. In the course and conduct of its business, the respondent causes said medicinal preparations, wlwn sold, to be transported from its place of business in the State of Illinois to purchasers thereof located in other States of the United States, and in the District of Columbia. At all times mentioned herein, respondent has maintained a course <>f trade in said medicinal preparations sold and distributed by it 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 the afore.;;;aid business, the respondent has disseminated, and is now disseminating, and has caused, and is now causing, the dissemination of false advertisements concerning its said medicinal preparations by United States mails, by insertions in newspapers and periodicals, having a general circulation, and also in circulars and other printed or written matter, all <>f which are distributed in commerce among nnd 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 medicinal preparations; and has disseminated, and is now disseminating, and has caused, and is now causing, the dissemination of false advertisements concerning its said medicinal preparations, by Yarious m<'ans for the purpose of indue. ing, and which are likely to induce, directly or indirectly, tl~e purchase of its said medicinal preparations in commerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the false representations contained in the advertisements disseminated and caused to be disseminated, as aforesaid, are the following: So easy • • • One dainty Boro-Pheno-Form SUJlpository-for Feminine Hygiene! IIow much easier and simpler than solutions and awkwnrd apparatus! 1\lore and more modern wives are discovering this convenience and discovering too that Boro-Pheno-Fonn is soothing, odorless and perfectly harm- • Complaint 31 11'. T. C. less. In use for mot·e than forty-seven years. Ask your druggist for enlightening booklet "The Answer." Dr. Pierre's BORO-PHENO-FORM for Feminine Hygiene. At all drug stores.

Ideal For more than forty-seven years Boro-Pheno-Form has given wives freedom from old-fashioned feminine hygiene metho<ls. To<lay these convenient ~-uppositories are widely accepted because they are so simple and dainty-ideal! They need no water nor accessories. No danger of "overdose" or "underdose." Soothing, harmless, odorless. Ask your druggists for enlightening free booklet- "The Answer." Dr. Pierre's BORO-PHENO-FORM for Feminine Hygiene. At all drug stores.

The answer: Personal Feminine Hygiene. The original BORo-PHENO-FORM: Formula which has been approved and accepted by a substantial number of professional men, was developed by an eminent physician in 1800. Boro-PHENo-Form was formulated with a fundamental requirement iu mintl that a preparation which has no serious harmful effe<>t on delicate tissue carb be regarded as sufficient for its purpose; it must have a rf'freshing. astringf'nt action, be soothing to irritated tissues and odorless. In every sense of the word BORO-PHENo-FORM affords an accepted method forclean, scientific and convenient practice of Modern Feminine Hygiene. The coca-butter base in BORO-PBENo-FORM melts rapidly at body heat, releasingthe therapeutic agents shortly after the cone is inserted. Many women, at one time or another, suffer from minor irritations of the- ~aginal tract.

The continued use, according to directions, of BORO-PHENo-FORM has always-. proved a safe procedure.

Here is convincing, • • • Final Proof of BORo-PHENo-FORM's effectiveness. SAFE-<me dainty suppository is sufficient. No danger of "overdose" or- "underdose."

EFFECTIVE-mets at body temperatm·e, covering delicate inner tissues with Ill soothing coating.

The Answer to Modern Marriage Hygiene: the laboratory staff of the Dr. Pierre Chemical Company bas devoted more than a generation to the study of· this problem; the definite determination of the therapeutic values of various. medicinal ingredients when placed in the vaginal canal; the elimination o:f caustic and tissue destroying drugs; and the determination of the properties. which an efficient Feminine Hygiene agent must possess. A Feminine Hygiene preparation must do the work expected of it. But the problem must be looked upon broadly. There are many desirableproperties which an efficient Feminine Hygiene agent should and must contain before the :formula can be considered therapeutically sound. For more than. 45 years BORO-PHENO-FORM cones have been supplying this need. Bono-PBENo-FOBM was formulated with these fundamental requirements in· mind. The fact that a preparation ·has no harmful etrect on delicate tissue is not enough. It must have a refreshing, soothing and astringent effect, it must clean..<;e and deodorize, hut leave no tell-tale odor of its own. Here is a simple, dainty and convenient method of' Feminine H~·giene. In every sense of the word, BORo-PHENo-Form points the way to a scientific and couvenient practice of Modern Marriage Hygiene. Boro-PBENo-FoBM is perfectly safe. The coca-butter base melts rapidly at body heat, releasing therapeutic agents within two minutes after the cone is inserted.

DR. PIERRE CHEMICAL CO. 1005· 1002 Complaint The action of BORO-PHENo-FORU is beneficial. The continue>d use according todirections, of BORo-PHENo-FoBM will never prove harmful. Two kinds of BORO-PHENO-FORM. Dr. Pierre's Bono-PHENo-FORM Vaginal Cones- The identical Bono-PHENo-For:u formula is now available in a tube. The same therapeutically as nono-PHENo-FORM Suppositories. Start now to enjoy the llORo-PHENo-FORM way to Modem Marriage Hygiene .. I recommend it to each and e,·ery married woman. Additional copies of this booklet will be gladly supplied by the publisher on request. Fumished to married wonwn only.

Dr. Pierre Chemical Co.

162 N. Franklin Street, Chicago, Ill.

PAR. 4. Through the use of the foregoing representations and others of similar import not specifically set out herein the respondent represents directly or by implication that its said products constitute in all cases competent and effective preventatives against conception; that said products are competent and effective antiseptics and germicides; that said products possess substantial thempentic agents which heal and soothe iiTitated tissue and membranes; that respondent's. products have been approved and accepted and are recommended by a substantial number of reputable physicians. PAR. 5. The foregoing representations are grossly exaggeratedr false, and misleading. In truth and in fact respondent's products do not generally or in the majority of cases constitute competent or effective preventatives against conception. 'Vhile said products possess antiseptic ingredients of a low toxicity such products are not competent or effective antiseptics or germicides. Said products do not contain any substantial therapeutic agents or properties which will !:ierve to heal or soothe irritated tissue or membranes. Respondent's products have not been approved or accepted by nor are they recommended by any substantial number of reputable physicians. PAR. 6. The use by the respondent of the foregoing false, deceptive~ and misleading statements and representations with respect to its preparations, disseminated as aforesaid, 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 statements, representations and advertisements are true and induces a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent's preparations. 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. Findings 31 F. T. C. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Conunission on the 31st day of January 1940, issued and on the 1st day of February 1940, served its complaint in this pro- -ceeding upon said respondent, Dr. Pierre Chemical 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 February 19, 1940, 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 its counsel, Clinton Robb, and \V. 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 supp01t 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 disposillg of the proceeding without the presentation of argument or the filing of briefs. Thereafter, t,his proceeding regularly came on for final hearing before the Commission on said complaint, answer, and :;:tipulation, said stipulation having been approved, accepted, and filed, and the Commission having duly considered the same and being now fully advised 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.

FINDINGS AS TO Tile FACTS PARAGMPH 1. Respondent, Dr. Pierre Chemical Co. is a corporation duly organized and existing under the laws of the State of Delaware with its office and principal place of business at 162 North Franklin Street in the city of Chicago, Ill.

PAR. 2. For several years, respondent has been and now is engaged in the business of manufacturing, selling, and distributing, in commerce among and between the various States of the United States and in the District of Columbia, medicinal preparations known as Dr. Pierre's Boro-Pheno-Form Vaginal Suppositories and Dr. Pierre's Boro-Pheno-Form Vaginal Creme.

PAR. 3. In the course and conduct of the aforesaid business, the respondent has disseminated, and is now disseminating, and has caused, and is now causing, the dissemination of advertisements con- ~erning its said medicinal preparations by United States mails, by insertions in newspapers and periodicals, having a general circula- DR. PIERRE CHEMICAL CO. 1007 1002 Findings tion, 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 medicinal preparations; and has disseminated, and is now disseminating, and has caused and is now causing,. the dissemination of advertisements concerning its said metlicinal preparations, by various means, for the purpose of inducing, directlyor indirectly, the purchase of its said medicinal preparations in com-merce, as "commerce" is defined in the Federal Trade Commission. Act. Among and typical of the representations contained in the advertisements disseminated and caused to be disseminated, as aforesaid, are the following:

So easy • • • One dainty lloro-Pheno-Form suppository-for Feminine Hygiene. How much easier and simpler than solutions and awkward apvaratus! Mot·e and more modern wives are discovering this convenience and discovering too that Boro-Pheno-Form is soothing, odorless and perfectly harmlt>ss. In use for more than forty-seven years. Ask your druggist for enlightening booklet "The Answer." Dr. Pierre's BOARD-PBENo-FORM for Feminine Hygiene. At all drug stores.

Ideal for more than fot·ty-seven years Bot·o-Pheno-Form has given wives freedom from old-fashioned feminine hygiene methods. Today these convenient suppositories are widely acct>pted because they are so simple and daintyideal! They need no water nor accessories. No dang£'r of "over-dose" or "underdose." Soothing, harmless, odorless. Ask your druggist for enlightening free booklet-"The Answer." Dr. Pleere's BORO-PHENO·FORM for Feminine Hygiene. At all drug stores.

The Answer: Personal Feminine Hygiene. The original BORO-PHENO·FORM Formula which has been approved and accepted by a substantial number o! professional men, was de,·eloped by an eminent physician in 1890. Bono-PHEND-FORM was formulated with a fundamental requirement in mind that a preparation which has no serious harmful etrect on delicate tissue can be regarded as sufficient for its purpose; it must have a refreshing, astringent action, be soothing to irrlta ted tissues and odorless. In every sense of the word BORO-PHENO-FORM atl'ords an accepted method for dean, scientific and convenient practice of l\lodern Feminine Hygiene. The coca-butter base in nord-PHEND-FORl{ melts rapidly at body heat, releasing the therapeutic agents shortly after the cone Is insert£'d. 1\Iany women, at one time or another, sutter from minor irritations of the vaginal tract. The continued use, according to directions, of BORO-PHEND-f"OHM has always proved a sate procedure.

Here is convincing • • • Final Proof of BORO-PHEND-FORM's effectiveness. SAFI!l-One dainty suppository Is sufficient. No danger of "overdose" or "underdose."

EFFECTivm--melts at IJody tempemtme, covering delicate Inner tissues with a_ • soothing coating.

Findings 31 F. T. C.

The Answl'r to l\Iodern l\Iarrioge Hygiene: thl' laboratory staff of the Dr. Pil'rre Chemi<'al Company has devoted more than a generation to the :-;study of this problem; the dl'finite detet·mination of the therapeutic values of various medicinal ingredients when placed In the vaginal canal; the elimination of eaustic and tissue destroying drugs; and the determination of the properties which an efficient Feminine Hygiene agent must possess. A Fl'minine Hygiene preparation must do th~: work expected of it. But the problem must be looked upon broadly. '!'here are many .de;;irable properties which an efficient Fl'minine Ilygil'ne agent shoulLl and must contain before the formula cau be considered therapeutically sound. For more than 45 years IJono-PHENO-Fon:.r cones have been supplying· this need. Bono-PHENo-FORM was formulated with these fundamental requirements in mind. The fact that a preparation has 110 harmful effect on delicate tissue is not enough. It must have a rdreshing, soothin!:( and astringent fffPct, it must deanse and deodorize, but leuve no tell-tale odor of its own. In every sense of the word, BORO-PHENO-FORM points the way to a scientific ;11nd convenient pmctiee of l\Iodcrn l\larriage Hygiene. Bono-PHENO-FOR~r is perfectly safe. The coca-butter base melts rapidly at l1ody beat, releasing therarwutic agents within two minutes after the cone is inserted.

The action of BOilO-PHENO-Fonu is beneficial. The continued use, Hrcorcling to directions, of BORO·PHENO·FORM will never pro\'e harmful. Two kinds of oono PUE:'i"(}-FORM. Dr. Pierre's BORO·PHEJNo-FORM Vaginal ConeH_. 'The ld~>ntlcul ooRO·PHENO-FORM formula Is now available in a. tube. The ~;:ame therapeutically as nono-PHENO-FORM suppositories. Start now to enjoy the BORO-PHENo-FORM way to l\Iodern l\Iarriage Hygiene. I recommend it to each and every married woman. Additional copies of this booklet will be gladly supplied by the publisher on re- -quest. Furnished to married women only.

Dr. Pierre Chemical Co. 162 N. Franklin Street, Chicago, III. PAR. 4. Through the use of the foregoing representations and others -of similar import not specifically set out herein, the respondent represents directly or by implication that its said products constitute in all cases competent and effective preventi res of conception; that said products are competent and effective germicides; that said products possess substantial therapeutic agents which heal irritated tissues and membranes; that respondent's products have been approved and ac- -cepted and are recommended by a substantial number of reputable physicians.

PAR. 5. The two medicinal preparations described herein, Dr. Pierre's noRO-PIIENO-FORl\I Vaginal Suppositories and Dr. Pierre's noRO-PHEXO-FORl\I Vaginal Creme, do not generally or in the majority of cases constitute competent or effective prewntives against con- -ception. Although these products possess antiseptic ingredients of low toxicity, they are not competent or effecth·e germicides generally. ·These products contain no substantial therapeutic agents m· propertie:> which will serve to heal irritated tissue or membranes. No sub- DR. PIERRE CHEMICAL CO. 1009 1002 Order stantial number of reputable physicians haw approwd, accepted or recommended these two products.

PAR. 6. The aforesaid acts and practices of this respondent have had, and now have, a tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that these representations are correct and constitute statements of fact. Furthermore, as a direct consequence of such mistaken and f'rroneous beliefs, induced by the representations of respondent as aforesaid, a number of the purchasing public have purchased substantial quantities of respondent's preparations, Dr. Pierre's BORO-PHENO- FORII-I Vaginal Suppositories and Dr. Pierre's BORO-PHENO-FOR1.r Vaginal Creme.

CO:'< elusion 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 Fedeml Trade Commis- ~ion upon the complaint of the Commission, the ans,wr of the respondent and a stipulation as to the facts entered into between the respondent herein and "\Y. T. Kelly, chief counsel for the Commission, "·which provides among other things, that without further evidence <>r 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 proceedings, 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.

It is ordered, That the respondent, Dr. Pierre Chemical 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 or distribution of its medicinal preparations advertised as Dr. Pierre's Boro-Pheno-Form Vaginal Suppositories and Dr. Pierre's Boro-Pheno-Form Vagina] Creme, or of any other medicinal preparations composed of substantially similar ingr·edients or possessing substantially similar properties, whether sold under the same names 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 com- Order 311!'. T. C. merce, as "commerce" is defined in the Federal Trade Commission Act, which advertisements represent, directly or through inference, that said products are generally or in the majority of cases competent or effective preventives of conception; that they are competent and effective germicides generally; that said products contain any substantial therapeutic agents or properties which will serve to heal irritated tissues or membranes; that said preparations have been approved, accepted or recommended by any substantial number ~f reputabl£J physicians;

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 any of said preparations, which advertisements contain any of the representations prohibited in paragraph 1, hereof.

It is further 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 it has complied with this order.

A. S. BUTLER & CO. 1011 Complaint