Hall, E. W

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IN THE MATTER OF E. B. HALL, TRADING AS E. W. HALL COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS .~PI'ROVED SEPT. 26, 1914 DQCket ~330. Complaint, Oct. 3, 191,0-Decision, Feb. 5, 191,1 Where an individual engaged in interstate !':ale and distribution of his ''Texas \Vonder" mediclmtl preparation In advertisements thereof which he disseminated and caused to be disseminated through the mails and newspapers and periodicals, and by radio continuities, and in circnlat·s, leaflets, pamphlets, and other advertising llterature, and otherwise in commerce and by various means, and including also use of purported testimonial letters or excerpts thereof in pamphlets, bookl~ts and other advertising copy- Represented, directly and through inference, that his said product conl'itituted a cure or remedy for, and possessed substantial therapeutic value in treatment of, kidney and blatlder disorders, including inflammation of bladder and kidneys, stones in kidneys, and tuberculosis of kidneys, diabetes, rheumatism, swollen joints, weak and lame back, pains in the back, and lumbago, facts being it did not constitute a cure or remedy for said various ailments and conditions or possess any therapeutic value in the treatment thereof, in excess of such slight sym})tomatic relief as it might afford in cases of swollen joints and pains in the back by reason of its properties as a mild diuretic;

With the effect of mi:sleading and deceiving substantial portion of purchasing public into erroneous and mistaken belief that such false representations were true, and with result, as com;equence of such erroneous and mistaken belil'f, that purchasing public was induced to and did purchase substantial quantities of his said product:

Held, That such acts and practices, under the cit·cmnstances ~et forth, were all to the prejudice and injury of the public and constituted unfair and deceptive acts and practices in commerce.

Mr. J. lV. Brookfield, Jr. for the Commission. Flynn & M ohrm.an, of St. Louis, l\Io., for respondent. COC\IPLAINT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue o:f the authority vested in it by said act, the Federal Trade Commission, having reason to believe that E. ll. Hall, an individual trading as K 1V. Hall, hereinafter referred to as respondent, has violated the provision~; of said act, and it appearing to the Commission that a proceeding Ly it in respect thereof would be in E. W. HALL 687 686 Complaint the public interest, hereby issues its complaint, stating its charges in that respect as follows :

PARAGRAPH 1. Respondent, E. B. Hall, is an individual doing business under the trade name of E. \V. Hall, with his principal office and place of busii1ess located at 3G79 Olive Street, in the city of St. Louis, State o£ Missouri.

Respondent is now, and for more than 2 years last past has been. engaged in the sale and distribution of a certain medicinal preparation known as "Texas 'Vonder," intended for use in the treatment of various ailments and conditions of the human body. In the course and conduct of his business, respondent causes said medicinal preparation, when sold, to be transported from his place of hushwss in the State of Missouri to the purchasers thereof at their respective points of location in various States of the United States other than the State of Missouri, 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 his aforesaid business, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said product by the United States mails and by various other means in commerce, n,s commerce is defined in the Federal Trade Commission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said product, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his 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 periodicals, by radio continuities, and by circulars, leaflets, pamphlets and other advertising literature, are the following: THE TEXAS WONDER For Kidney and Bladder Troubles, Rheumatism and Kindred Diseases • • • the remedy that for 4i years has been bl"inging relief to those who suffer from kidney, bladder, and rheumatic conditions. Complaint 32F. T. C.

Texas Wonder is also used to help such irregularities as kidney and bladder conditions for both men and women • * • inflammation of the bladdet• • • • weak and lame back • • • swollen joints and so forth. A TEXAS WONDEll For certain Ine~o:nlnrities of the 1\:idneys and Blad,ler and Certain So-called Rheumatic Pains In addition to the foregoing advertisements, the respondent dis- Reminates false advertisements in the same manner as set out above through the use of purported testimonial letters, excerpts from which the respondent places in pamphlets, booklets, and advertising copy. Among and typical of the false statements and representations contained in such excerpts are the following: • • • she hac:l inflammatory rheumatism for about a year. She used the remedy about two months and got well and has remained well ever since. • • • he had kidney and bladder trouble and was relieved altogether by two weeks' treatment with the 'texas Wonder. • • • he had kidney and rheumatic trouble. He took about one bottle -"the result was that it cured me entlrely"-occupying about a month. He had no return of trouble.

• • • he began using The Texas Wonder for stone in the kidneys, inflammation of the bladder and tuberculosis of the kiuneys as diagnosed by his physicians. His urine contained 40%. pus. One of the physicians advised that only an opemtion could give relief. He· was operated upon without results. He began using The Texas 'Vonder In 1915, when his weight was 114. He was still using the m£>dicine with wonderful results, and his weight had increased to 138 Ius.

• • • he took The 'Vonder for t£>rrible pains In the back. He took a half bottle and was relieved anu had no trouble since. • • • he had lumbago and inflammation of the kidneys. He took about a quarter of a bottle and since bas hall no trouble. • • • he had kidney and bladder trouble, with rheumatism. He took '.fbe Wonder for six months-having before b£>en treated by every physician in Reynolds County without relief. He was unat>Ie to go about, when be began with The Wonder and was entirely relieved.

* • • I was cureu of a bad case of kidney and bladder complaint by the uo;e of one-half bottle of The Texas Wonder. • • • be had diabetes, his urine showing 18 per cent sugar. He took the treatment for a year or more and got all x·ight. His weight bad been reduc£>d from 255 to IGO pounds, but was restored after treatment. He was relieved from sugar and r~>galned his normal condition. PAR. 3. Through the use of the statements and representations hereinabove set forth, and other similar thereto not specifically set out herein, all of which purport to be descriptive of the remedial, curative and therapeutic properties of respondent's preparation, rl:'spondent has represented, and does now represent, directly and through inference, that his said preparation constitutes a cure or rem- E. W. HALL 689 686 Findings edy for, and possesses substantial therapeutic value in the treatment of, kidney and bladder disorders, including inflammation of the bladder and kidneys, stones in the kidneys and tuberculosis of the kidneys, diabetes, rheumatism, swollen joints, weak and lame back, pains in the back, and lumbago.

PAR. 4. The foregoing representations are gr()!;sly exaggerated, false and misleading. In truth and in fact, respondent's preparation does not constitute a cure or remedy for inflammation of the bladder or kidneys, stones in the kidneys, tuberculosis of the kidneys, or any other disorders of the bladder or kidneys, diabetes, rheumatism, swollen joints, weak or lame back, pains in the back, or lumbago. Nor does said preparation possess any thempeutic value in the treatment of any of such ailments or conditions, in excess of such slight symptomatic relief as it mny afford in cases of swollen joints and pains in the back, by reason of its properties as a mild diuretic. PAR. 5. The use by the respondent of the foregoing false and misleading representations with respect to his said product has the tendency and capacity to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false representations are true, and as a result of such erroneous and mistaken belief the purchasing public has been induced to, and has, purchased substantial quantities of respondent's product.

PAR. 6. 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 October1.· 3, 1940, issued and on October 8, 194.0, served its complaint in this proceeding upon re~pond­ ent E. B. Hall, individually and trading as E. 1V. Hall, charging him with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of the said act. After the issuance of the said complaint and the filing of respondent's answer, the Commission by" order entered herein granted respondent's motion for permission to withdraw said answer and to substitute therefor an answer admitting all the material alle~ations of fact set forth in said complaint and waiving all intervening procedure and further hearing as to said facts, which substitute answet· was duly filell in the office of the Findings 32 F. T. C.

Commission. Thereafter, this proceeding regularly came on for final hearing before the Commission on the said complaint and substitute answer, 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, E. B. Hall, is an individual doing business under the trade name of E. ,V. Hall, with his principal office and place of business located at 3679 Olive Street, in the city of St. Louis~ State of Missouri.

Respondent is now~ and for more than 2 years last past has been, engaged in the sale and distribution of a certain medicinal preparation known as "Texas 'Vonder," intended for use in the treatment of various ailments and conditions of the human body. In the course and conduct of his business, respondent causes said medicinal preparation, when sold, to be transported from his place of business in the State of Missouri to the purchasers thereof at their respective points of location in various States of the United States other than the State of Missouri, 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. P.aR. 2. In the course and conduct of his aforesaid businesss, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said product by the United States mails and by various other means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said product, by various means, forthe purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his 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 caust-d to be disseminated as hereinabove set forth, by the United States mail~, by advertisements in newspapers and periodicals, by 1·adio continuities, and by circulars, leaflets, pamphlets and other advertising literature, are the following:

E. W. HALL 691 686 Findings THE TEXAS WONDER For Kidney and Bladder Troubles, Rheumatism and Kindreu Diseases • • • the remedy that for 47 years has been bringing relief to tbose Wh() suffer from kidney, bladder and rheumatic conditions. Texas Wonder is also used to help :such irregularities as kidney and bladder conditions for both men and women • • • intl,arumation of the bladder • • • weak aml lame back • • • swollen joints and so forth. A TEXAS WONDER For Certain Irregularities of tlle Kidneys and Bladder and Certain So-called Rheumatic Pains In addi,tion to the foregoing advertisements, the respondent disseminates false advertisements in the same manner as set out above through the use of purported testimonial letters, excerpts from which the respondent places in pamphlets, booklets, and advertising copy. Among and typical of the false statements and representations contained in such excerpts are the following:

• • •, she had inflammatory rhenmati~m for about a year. She used theremedy about two months and got well and has remained well ever since. • • "' he had kidney and bladder trouble and was relieved altogether by two weeks' treatment with the Texas Wonder. • • "' he bad kidney and rheumatic trouble. He took about one bottle-- "the result was that it cured me entirely"-Qccupying about a month. Hehad no return of trouble.

• • • he began using The Texas Wonder for stone in the kidneys, Inflammation of the bladder and tuberculosis of the kidneys as diagnosed by his. physicians. His urine contained 40o/o pus. One of the physicians advised that only an operation could give relief. He was operated upon without results .. He began using The Texas Wonder in 1915, when his weight was 114. He was. still using the medicine with wonderful results, and his weight had increased to. 138lbs.

• • * he took The Wonder for terriule pains in the ba<:k. lie took a half bottle and was relieved and had no trouble since. • • • he had lumbago and inflammation of the kidneys. He took about a quarter of a bottle and since has had no trouble. • • • he bad kidney and bladder trouble, with rheumatism. He took The- Wonder for six months-having before bt>en treated by every physician in Reynolds County without relief. He was unable to go about, when be began with The Wonder and was entirely relieved.

• • * I was cured of a bad case of kidney and bladder complaint by the- Use of one-half bottle of The Texas Wonder. • • • he had diabetes, his urine showing 18 percent sugar. lie took thetreatment for a year or more ancl got all right. His weight had been reduced from 255 to 100 pounrls, but was restored after treatment. lie was relieved from sugar and regained his normal condition.

692 FEDERAL TRADE COM.MISSION DECISIONS Order 32F.T. C.

PAR. 3. Through the use of the statements and representations hereinabove set forth, and others similar thereto not specifically set out herein, all of which purport to be descriptive of the remedial, curative, and therapeutic properties of respondent's preparation, re- ~pondent has represented, and does now represent, directly and through inference, that his said preparation constitutes a cure or remedy for, and. possesses substantial therapeutic value in the treatment of, kidney and bladder disorders, including inflammation of the bladder and kidneys, stones in the kidneys and tuberculosis of the kidneys, diabetes, rheumatism, swollen joints, weak and lame back, pains in the back, and lumbago.

PAR. 4. The foregoing representations are grossly exaggerated, false and misleading. In truth and in fact, respondent's J1reparation does not constitute a cure or remedy for inflammation of the bladder or kidneys, stones in the kidneys, tuberculosis of the kidneys, or any other disorders of the bladder or kidneys, diabetes, rheumatism, ·swollen joints, weak or lame back, pains in the back, or lumbago. Nor does said preparation possess any therapeutic value in the treatment -of any of such ailments or conditions, in excess of such slight symptomatic relief as it may afford in cases of swollen joints and pains in the back, by reason of its properties as a mild diuretic. PAR. 5. The use by the respondent of the foregoing false and misleading representations with respect to his said product has the tendency and capacity to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false representations are true, and as a result of such -erroneous and mistaken belief the purchasing public has been induced to, and has, purchased substantial quantities of respondent's product. CONCLUSION The aforesaid acts and practices of the respondent, as herein found, :are all to the prejudice and injury of th~ 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 havin~ 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 .nllegations of fact set forth in said complaint und states that he waives all intervening procedure and further hearing as to said facrs, E. W. HALL 693 686 Order and the Commission having made its findings as to the facts and its I'Onclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is, O'rdered, That the respondent E. B. Hall, individually and trading under the name of E. ,V. Hall, or trading unuer any other w1me or names, his representatives, agents, and employe<'s, directly or through any corpomte or other device, in connection with the offering for sale, sale or distribution of his medicinal preparation known as Texas ·wonder or any other preparation of substantially similar· composition or possessing substantially similar properties, whether sold under the same name or any other name, do forthwith cease and desist from directly or indirectly:

1. Disseminating or causing to be disseminated any advertisement (a) by means of the United States mails, or (b) by any means in f'Commerce, as commerce is defined in the Federal Trade Commission Act, which advertisement represents, directly or through inference, that said preparation is a cure or remedy for inflammation of the bladder or kidneys, stones in the kidneys, tuberculosis of the kidneys, or any other disorder of the bladder or kidneys, or for diabet~s, rheumatism, swollen joints, weak or lame back, pains in the back, or lumbago; that said preparation possesses any therapeutic value in the treatment of any of said ailments or conditions, in excess of such slight symptomatic relief as it may afford in cases of swollen joints and pains in the back, by reason of its properties as a mild diure~ic..

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 of the representations prohibited in paragraph 1 hereof.

I~ i,~ further ordered, That the respondent shall within GO days after service upon him of this order file with the Commission a report in writing setting forth in detail the manner and form in which hehas complied with this order.

Syllabus 32F. T. C.