Fong Poy, Also Known as Fong Wan

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IN THE :Matrer OF I FONG POY, ALSO KNO,VN AS FONG WAN; FONG KWON~ . GII, YEE NUN YET, CHAN WOON SHEUNG, AND LEE BING. LIM, COPARTNERS, OPERATING UNDER. THE FIRM NAl\fE OF FONG 'VAN COMPLAINT, FDl'Dl:>lGS, AND ORDER IN REG.4RD TO THE ALLEGED VlOLATION OF SEC. ri OF AN ACT OF CONGRESS AI'I'RO\'ED SEPT. ·20, 1014 Docket 9964. Complaint, Dec. 7, 1999-Deciaion, May 24, 191,1 Wbere five partners engaged in Interstate sale and distribution of Chinese herbs as treatments for various diseases and disorders, under n plan by which suiJering members of the public were urged in their adverus;ng to contact them, for diagnosis by the partners and prescription of the proper herbs to cure or relieve the particular disorders by Fong Poy, also known as Fong Wan, who undertook from statements of prospective purchasers calling nt the partnership's place of business, and brief observation to determine the nature of the ailment and prescribe herbs therefor, placing particular emphas.ts upon the nature and sound of the patient's voice, and, in numerous instances, made purported diagnosis upon the basis of such Information as could thus be obtained from prospect by mail, without any personal observation, and selected and mulled herbs to purchaser; by means of advertisements disseminated through the mails, newspapers, and period- Icals, and circulars and other printed or written matter, including numerous purported testimonial letters containing representations with respect to benefits allegedly received through use of their herbs- Represented directly or through implication that their herbs constituted a ~ure or remedy for, and possessed substantial therapeutic value in, the treatment of, numerous diseases and disorders including cancer, tuberculosis, ulcers, tumors, diabetes, Bright's disease, kidney, bladder and prostate gland troubles, paralysis, rheumatism, and arthritis, high and low blood pressure,. asthma, influenza, coughs and colds, varicose veins, cross-eyes, neuritis, heart trouble, blood disorders, pyorrhea, stomach troubles, dysentery, pains, dizziness, hardening of the nrteries, goiter, bronchial trouble, sinus trouble, liver and gall bladder troubles, nervous attacks and disorders, obesity, headaches, and piles; that their herbs built up the body, purlfled the blood, renewed strength, stopped pain, and washed away diseases from the body, and that said Fong Poy had the ablllty to diagnose numerous diseases and ailments and prescribe remedies therefor: The facts being- (1) It is impossible to diagnose human ailments or disorders through methods employed by said partners which are based upon doctrines of historical interest only, and have been without scientific acceptance for several centuries, and there Is no factual or scientific basis for theory that ailments can be diagnosed by Ustenlng to the voice: Chinese drugs of therapeutic value are known to the medical profession and are In use In various forms, though, In many cases with the useful chemicals extracted by modern medicine employed In preference to the crude drugs FONG WAN 1567 1566. Complaint as permitting better control of the dosage; said partners' use of various crude drugs In the form of tea ·has no scientific basis for the treatment of disease, while, aside from inability to determine definitely exact· dosage, prolonged boiling of herbs as recommended 'would tend to ·destroy the chemical agen~s or the medicinal materials upon which they depend for their purported efficacy; and (2) SuilJ. herbs alone or in combination do not constitute a cure or remedy for, ·or possess uny therapeutic value In the treatment of, cancer, tubet·culosls, diabetes, Drlght's disease, Influenza, prostate gland troubles, paralysis, varicose veins, hardening of the arteries, cross-eyes;. {)beslty, gallstones, or Htomuch ulcers, nor for all diseases and. cond~tlons Included by such general designations as heart trouble, kidney trouble, bladder trouble, liver trouble, stomach trouble, blool.l disorders, high anl.l low _blood pressure and bronchial disorders, would have no effect upon the underlying· causes of certain conditions n1Tording only temporary alleviation of certain symptoms such as pain associated with arthritis and rheumatism, lu case: of drugs with analgesic action, and paroxysms of as~hma and congestion of the mucus membrane Jn colda, in the case of drugs containing ephedrine; and, whlle herb preparations containing Iodine might be of some value In types of goiter due to Iodine deficiency, in other types they. would be definitely harmful; said herbs have no therapeutic value In the treatment of pyorrhea and will not accomplish the results otherwise claimed therefor; and none of said partners bas the ability to diagnose dlseases or ailments scientifically or prescribe remedies therefor; With effect of misleading a substantial portion of the purchasing public with respect to the therapeutic values of their herbs, and of causing it thereby to purchttse substantial quantities thereof: Held, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce. · Defore Mr. Miles J. F'l.l';l'11a8 and Mr. William 0. Reeves, trial examiners.

Mr. William L. Pencke, Mr. Robert Mathis, Jr., and Mr. John W. Brookfield, Jr., for the Commission.

Mr. Frank M. Carr, of Oakland, Cali£., for respondents. ., Complaint ' Pursuant to the provisions_ of the Federal Trade. Commission Act, and by virtue ·of the authority vested in it by said. net, th~ F~erQ} Trade Commission, having reason to believe that Fong Poy, also known as Fong Wan, Fong Kwongii, Yee Nun Yet, Chan Woon Sheung, and Lee Ding Lim, copartners operating under the firm name of Fong w·an, hereinafter referred to as respondents, have violated the provisions of said act, and it appearing to the Com-· mission that a proceeding by it in respect thereof would be in the Complaint 32F.T.C.

public interest, hereby issues its complaint, stating .its charges in that respect as follows:

PARAGRAPH 1. Respondents Fong Poy, also known as Fong ·wan, Fang Kwongii, Yee Nun Yet, Chan Woon Sheung, and Lee Bing Lim are copartners operating, trading, and doing business under the firm name of Fong 'Van, with their principal place of business located at 576 Tenth Street, in the city of Oakland, State of California. Respondents during the year last past have been, and still are, engaged in the sale and distribution of Chinese herbs which are offered for sale and sold as a treatment for diseases and disorders of the: human body.

,In the course and conduct of their business respondents cause said herbs, when sold, to be transported from their place of business in the State of California to the purchasers thereof located in various other States of the United States and in the District of Columbia. Respondents maintain, and at all times herein mentioned have maintained,. a course of trade in said herbs in commerce among and between the vario~s States of the United States and in the District of Columbia.

PAn. 2. In the course and conduct of their aforesaid business, the respondents have disseminated, and are now disseminating, a::1d have caused, and nn~ now causing, the dissemination of false advertisements concerning their said product, by United States mails, by insertion in newspapers and periodicals having a general circulation, and alsll in circulars and other printed or written matter, all of which :are distributed in ct>mmerce among and between the various States of the United States; and by other means in commerce, as commexc~ 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 their said products; and have disseminated and are now disseminating, and have c.all.'led and are now causing the dissemination of, false advertisements concerning their said products, by various means, for the purpose of inducing, and which are likely: to induce, directly or indirectly, the purchase ·of their said prod.ucts 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 ns aforesaid, are the following: Bf'glnnlng In the year 1916, the Fong Wan Herballst has mad~ a careful study of these complaints (~;tomoch troubles) from which Americans surer so Intensely. His formula contains herbs for kidneys and liver, herbs for freeing the stomach and spleen of acid, herbs to eliminate gas and herbs to Improve FONG WAN J569 ,. ' 1566. Complaint the digestion. When the blood in the stomach is In. good .condition,1; I tbe. t ulcers heal.

· .. l HOW CHI!.'I'ESE HF.RIJS ARE :MARSHALLED TO COMBAT DISEASJI) Let us take a case of Gallstones, for example. The inflamed conditidn ·of the Liver causes' Inflammation and congestion of the Gall Duct; and the nne either overtltJWS, causing Yellow Jaundice, or Solidifies into Gallstones. · At intervals, the liver becomes greatly inflamed, causing swelling in th~ .entire right side of the trunk from the glands of the neck to the lower part of the abdomen. The Appendix then swells and Appendicitis sets ln. 'Vhen the stones are passing through, they cause such intense pain that the sufferer frequently loses consciousness. As a symptom of Gall and Liver Troubles; there is generally more or less pain starting beneath the right rib and running around the right side, up to the shoulder blades.

rn a condition o.f this sot·t, five or six kinds of herbs must be compounded for the Liver and Gall; auxiliary herbs must be added to cleanse the blood and rid it or the fire element (inflammation) ; some herbs must be put in to ca~se the ah· and the blood to circulate properly; other varieties must be used to take away the swelling; and still other herbs must be added for Nerves of the Shoulder Blade.

The Foug Wan Herbs work independently through the blood clrculatlou Instead of weakening the individual's constitution. nESULTS OBTAINED FROM: FONG WAN REIIB8 The following persons who suffered from Arthritis, Tuberculosis, Stomach IDcers, Diabetes, Heart Trouble, Dropsy, Malignant Growths, Prostate Gland, Paralysis, Kidney Trouble and Obesity have been benefited by taking Fong Wan Herbs. • • • BLOOD PRESSURM At 70 years of age, Mr. L. Smith of Richmond, who suffered "high blood pressure and lacked strength to walk, sought relief by takng The FoNo wan BE!Uis. After two months' supply of the herbs, he obtained marvelous results and enjoyed ~;plendid health !or over ten years.

ECZEMA Herbs for Eczema must be so compounded as to remove the impurities from the blood through the action of the lungs which drive out the impurities through the pores. ·In· ·addition, herb powder may b~ applied externally. Herbs may also be boiled for washing the affected parts. When the disease affects either the lower or the upper limbs, herbs for cleansing the spleen must be added to the het·bs in the compound for the lungs, as the spleen controls the limbs. • • • • • • • PREVENT WI:-ITEB. SUFFERING Persons who suffer from Asthma, Colds, Coughs, Neuritis, Rheumatism, Nervous Attacks, Sharp Shooting Pains In the Hands and Legs, Poor Dlood Clrcula- ·complaint 32F.T.C.

tlon and General Weakness should give their bodies more attention and better care during the cold season. They are welcome to consult Fong Wan before their ailments get a lasting grip.

The herbs sold by Fong Wail liave saved the lives of many persomr who had been given up to die, either with "Flu" or other serious ailments. Respondents also, as a part of their advertising, distribute a booklet'designated "Herb Lore," in which are contained many of the above quoted statements and others in which it is claimed that Fong Wan herbs are a remedy, cure or competent and effective treatment for heart trouble, high blood pressure, colds, influenza, asthma, pyorrhea, blood disorders, cross eyes and other eye troubles, 'cnncer, stomach troubles, dysentery, pains, dizziness, hardening of the arteries, goiter, bronchial trouble, coughs, sinus trouble, liver and gall blndder troubles, diabetes and other disorders of the kidneys and bladder, nervous attacks and disorders, arthritis, obesity, headaches, neuritis, and piles; that they stop pain and give permanent relief from asthma and other disorders. This booklet also contains numerous statements to the effect that Fong Poy or Fong 'Van has the ability to diagnose and heal diseases and restore health and that the herbs are compounded individually for each purchaser. · In addition to the foregoing advertisements, the respondents disseminate false advertisements in the same manner as set out above, by 1lleans of purported testimonial letters, which the respondents place in pamphlets, booklets, and advertising copy. Among and typfcal of the false statements and representations disseminated as aforesaid by respondents by use of purported testimoninl letters in t.their. advertising are the following:

ULCER SUFFEREB BELIEVED For 10 years I suffered with gas and pain in my stomach, which I was told was caused by ulcers. Falling to obtain relief elsewhere, I began to tal,e the Fong Wan herbs. Now, after having drunk the herb tea for n short time, I can eat almost anything without distress. ARm VARICOSE VEINS INCURABLE? For more than two years I suffered from blood poisoning due to the Improper fnnctlonlng of my kidneys • • • The poisonous Inflammation lodged In my legs, causing varl<'ose veins. The veins in my legs swelled to such an extent that great hard lumps the size of an egg formed In them. I tried several doc· tors without results. After three weeks of the herb treatment I felt like a new man, and tbe lumps had all disappeareu • • •. RESULTS FROH CHINESE HERBS CA!'IINOT DE DENIED I was suffering from Yellow Jaundice. I was completely relieved by taking the Fong Wan Herbs.

• • • • • • • FONG WAN 1571 1566 Complalnt I was very discouraged when the pbyslclan told me after an examination that I bad a tumor and low blood pressure. To build me up enough to stand an operation would be very hard, as I bad severe hemorrhages. I heard so much good the FONG WAN HERBS did that I decided to try them. I took the herbs for (lver five months. Now, nearly seven years later I am in the best ot health and more than thankful for what FONG WAN HERBS did for me. • • • • • • • I was a sufferer from kidney and prostate gland trouble that afl'ected my back, legs and eyes. I rolled in agony from the terrible pain. After having tried different moolcos without obtaining results, I decided to go to Fong Wan and take his herbs.

Then the pain became so severe that It was well nigh unit;enrable, my sister became frightened. Fearing that I might die, she phoned Fong Wan and was told that I should continue with the herbs. I did so, and now, after having taken the herbs tor several months, all of my complaints have been overcome and I am able to resume my USUlll work .

• • • • • • • For many years I suiffered from pain in the back of my neck and round my heart. I was also troubled with gas, which felt like a lump in my chest. I tried several doctors and bad all my teeth extracted, but failed to obtain relief. Fortunately, we heard of the wonderful results to be obtained through drinking the Fong Wan Herbs and I decided to try them. After having taken the Herb Tea for but three weeks, my recovery was complete . • • • • • • • For approximately two years, our son, James, suffered from a condition that was pronounced Bright's Disease. He had albumen In the Kidneys, was dizzy, Jlstless, nervous, run down and weak. lie was also troubled with a paiu in bis back. After bavi.ng tried se>eral doctors without results, we decided to have James try the Fong Wan herbs. He responded to the first cup of tea, and after having drunk the herb tea for three weeks he was like a new man . • • • • • • • W.Ple working in the copper mines at Ely, Nevada, I twice contracted Flu. The physicians at the hospital called the second attack "Intestinal Influenza." I was very weak, could not eat and bad pain throughout my intestines. As the IJhyslcians also said that I had Appendicitis, I bad my appendix removed, but my condition was not improved. • • • Intense pain shot through my intestines and I felt that I might drop dead. Neither my kidneys nor my bowels functioned properly, laxatives having no eflect. My brother urged that I go to see Fong Wan right away. I was brought to his office. I could scarcely take a step without excruciating pain. The tea from the first package of herbs cooked for me afl'orded instant relief. Now, after three weeks of the herbs, I feel able to return tci Nevada.

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 herbs, respondents have represented and do now represent, directly and indirectly, that their herbs are a remedy or cure, or a competent and effective treatment for practically all diseases and :Complaint 32F.T.C.

ailments of the human body, including cancer, tuberculosis, ulcers, tumors, diabetes, Bright's disease, kidney, bladder and prostate gland troubles, paralysis, rheumatism and arthritis, high and low blood pressure, ·asthma, influenza, coughs and colds, varicose veins, cross eyes, "neuritis, heart trouble, blood disorders, pyorrhea, stomach troubles, dysentery, pains, dizziness, hardening of the arteries, goiter, bronchial trouble, sinus trouble, liver and gall bladder troubles, nervous attacks ·and disorders, obesity, headaches, and piles; that said herbs build up the body, purify the blood, renew the strength and stop pain; that said herbs wash away diseases from the body; that Fong Poy or Fong Wan is able, by observation alone, to diagnose numerous diseases and ailments and has the power to heal numerous disorders; that he has restored the health of numerous persons by the use of said herbs; that respondents' herbs are compounded individually for each purchaser. PAn. 4. The aforesaid representations and claims used and dis~emi­ nated by the respondents as hereinbefore described are grossly exaggerated, misleading, and untrue. In truth and in fact, respondents' Chinese herbs are not a remedy or cure for, nor have they any therapeutic value in the treatment of, cancer, tuberculosis, ulcers, tumors, diabetes, Bright's disease, kidney, bladder and prostate gland troubles, paralysis, rheumatism and arthritis, high and low blood pressure, asthma, influenza, coughs, and colds, varicose veins, cross eyes, neuritis, heart trouble, blood disorders, pyorrhea, stomach troubles, dysentery, pains, dizziness, hardening of the arteries, goiter, bronchial trouble, sinus trouble, liver and gall bladder troubles, nervous attacks and disorders, obesity, headache, piles, or any other diseases or ailments of the human body. Said herbs will not build up the body, purify the blood, renew the strength, or stop pain. They do not and cannot wash away any diseases from the human body. Fong Poy or Fong 'Van is not able to diagnose or heal diseases or ailments, nor has he restored the health of any persons by the use of Chinese herbs. Respondents do not in all cases or generally compound their herbs individually for each purchaser.

PAn. 5. The use by the respondents of the foregoing false, deceptive, and misleading statements, representations, and advertisements, dis- . seminated as aforesaid, with respect to said Chinese herbs, 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 herbs are a cure, remedy, or effective treatment for various diseases and disorders of the human body as represented. As a result of such erroneous and mistaken be· FONG WAN 1573 1566 Findings lief the purchasing public is induced to and does purchase substantial quantities of respondents' product.

PAR. 6. The aforesaid acts and practices of the respondents, 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 December 7, 1939, issued its complaint in the above-entitled proceeding and thereafter caused same to be served on each of the respondents above named, Fong Poy, also known as Fong Wan; Pong i{wongii, Yee Nun Yet, Chan Woon Sheung, and Lee Ding Lim, copartners operating under the firm name of Fong Wan, charging them with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After the issuance ~f said complaint and the filing of respondents' joint answer thereto, testimony and other evidence in support of the allegations of said complaint were introduced by William L. Pencke and Robert Mathis, Jr., attorneys for the Commission, and in opposition to the allegations of the complaint by Frank M. Carr, attorney for the respondents, before Miles J. Furnas and \Villiam C. Reeves, examiners of the Commission theretofore duly designated by it, and said testimony and other evidence were duly recorded and filed in the office of the Commission. Thereafter, this proceeding regularly came on for final l1hearing before the Commission on the said complaint, the answer thereto, testimony and other evidence, report of the trial examiners upon the evidence, briefs in support of the complaint and in opposition thereto, and the oral arguments by John W. Brookfield, Jr., attorney for the Commission, and Frank M. Carr, attorney for the respondents, 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 nnd its conclusion drawn therefrom.

FINDINGS AS TO THE FACTS PARAGRAPH 1. The respondents, Fong Poy, also known as Fong \Van·; Pong K wongii, Yee Nun Yet, Chan Woon Sheung, and Lee Bing Lim, are copartners and carry on business under the firm name and style of Fong Wan, with their principal place of business located at li16 Tenth Street, in the city of Oakland, State of California. Respondents..are engaged in the business of selling and distributing Chi- 1574 FEDERAL TRADE COMMIS.SION DECISIONS Findings ::!:! F'. T. C. nese herbs, which are offered for sale and sold u.s treatments for variotis diseases and disorders of the human body. "In the course and conduct "of their business respondents cause quantities of their herbs, when sold, to be transported from their place of business in the State of California into various other States of the United States to the respective pur· chasers thereof. Respondents maintain, and at all times mentioned herein have maintainded, a course of trade in their herbs in commerce between and among the various States of the United States . . P .AR. 2. In the course and conduct of their business, the respondents hav·e disseminated and are now disseminating, and have caused and ·are now causing the dissemination of, false advertisements concerning their said herbs, by United States mails and by various other means in commerce as "commerce" is defined in the Fl\deral Trade Commission Act, and respondents have also disseminated a~d are now disseminat· ing, and have caused and are now causing the dissemination of~ false advertisements concerning their said preparations, by various. means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of their said preparations in commerce as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the false, misleading, and deceptive ~tate· ments and representations contained in said false advertisements dis· seminated and caused to be disseminated as hereinabove set forth, by United States mails, by advertisements in newspapers and periodicals, and by circulars and other printed or written matter, are the following: Beginning In the year 1916, the Fong Wan Het·balist has made a careful study of these complaints (stomach troubles) from which Americans suffer so intensely. His formula contains herbs for kidneys and liver, herbs for freeing the stomach and spleen of acid, herbs to eliminate gas and herhs to Improve the digestion. When the blood In the stomach Is in good condition, the ulcers heal HOW CHINESE HERBS ARE MARSHAlLED TO COMBAT J)ISKABIII Let us take a case of Gallstones, for example. 'l.'he inflamed condition of the Liver causes Inflammation and congestion of the Gall Duct; and tbe Bile either overflows, causing Yellow Jaundice, or solidifies into Gallstones. At Intervals, the liver becomes greatly Inflamed, causing swelling in the entire right side of the trunk from the glands of the neck to the lower part of the abdomen. The Appendix then swells and Appendicitis sets ln. . • • • As a symptom of Gall and Liver Troubles, there ls generally more or less pain starting beneath the right rib and running around the right side, up to the shoulder blades. In a condition of this sort, five or six kinds of herb~ must be compounded for the Liver and Gall; auxiliary herbs must be added to cleanse the blood and rid it of the fire element (inflammation) ; some herbs must be put in to <~nuse the air and the blood to circulate properly; other varieties must be used to take away the swelling: and stlll ()ther herbs must be added for Nerves of the Shoulder Dlade.

:1575 Findings · The Fong 'Wan· Herbs work independently through the ·blood "clrcnlatloU:'tn- . stead of weakening the Individual's, constitution. .· :J- RESULTS OBTAINED Flom FONO WAN HERBS ·, The following persons who suffered from Arthritis, Tuberculosis, Stomacb Ulcers, -Diabetes, Heart Trouble, Dropsy, Malignant -Growths, Prostate Gland, ;Paralysis, Kidney T~double and Obesity have ~n benefited by taking Fong 'Van Herbs. • • • BLOOD PRESSURE At 70 years of age, Mr. L. Smith of Richmond, who suffered blgh ·blood pressure and lacked strength to walk, sought relief by taking The FoNQ WAN HERBS. After. two months' supply of the herbs, he obtained marvelous 'results and enjoyed splendid health for over ten years. · · :· · · · • ECZEMA Herbs for Eczema must be so compounded as to remove the Impurities- from the blood through the action of the lungs which drive out the impurities throng~ the pores. In addition, herb powder may be applied externally. Herbs ma;v also be boiled for washing the affected parts. When the disease affects either the lower or :the upper limbs, herbs for cleansing the spleen must be added to .the herbs in the compound for the lungs, as the spleen controls the limbs.· • • • PBII:VENT WINTEB SUFFERING Persoi1s who sutter from Asthma, Colds, Coughs, Neuritis, Rheumatism, Nenous Attacks, Sharp Shooting Pains in the Hands anct Legs, Poor· Blood Ch·culatlon and General Weakness should give their bodies more attention and better care during the cold season. They are welcome to consult. Fong Wan before their ailments get a lasting grip.

The herbs 'sold by Fong•Wan' have saved the lives of many person_ns wlth bad been given up to die, either with "Flu" or other serious aliments. Among the various pieces of advertising material distributed by the respondents is a booklet designated "Herb Lore." This booklet contains many of the statements quoted above as well as others, of .which the. following are typical:.

. Thousands of persons are being saved by the Fong Wan herbs from unnecessary operations. ' ; Just ns a heavy fall of rain washes away dlsenses that affect the community collectively, so do the herbs which the herbalist combines and cooks with water wash nwny the diileases from the body of the individual • • • ' · Fong WM herbs take away the lnflummatlon from the heart after which the gas and pain disappear. • • • Numerous people sutrerlng from varlous sorts of heart trouble have been permanently relieved by Fong Wan harm~ess het·bs. • • • The Fong Wan Herb Compound Is dltrcrent from all others. It Is both mild and safe and Is far better than drugs at any time. An herb compound for a cold is therefore much more beneficial than any sort ot drugs.

.157~ FEDERAL TRADE COMMISSION DECISIONS Findings 32F.T.C• • 1 Tbe Fong Wan Co. bas a splendid record for the absolute and permanent rellef of asthma cases.

Herbs for colds also tend to drive away influenza germs, • • •. Up to the time of this writing not a single person who bas taken the Fong Wan•b-erbs·for gall stones bas either·hll'd to be operated on or has even suffered again~ . Fong Wan herbs have not only cleansed the systems of many persons afflicted . wltb various ills, but they have also helped to eradicate. pyorrhea and to heal diseased gums.

Paralytic stroke quickly relieved.

In a cancer sufferer whose blood circulation is poor, the cancer is slow to ·develop, and the pain becomes Intense at night. When the person is walking or ke£>ps moving, the pain is greatly lessened. In cases of this kind, the blood 'Bhould ·be enriched and strengthened, with nourh:hing herbs, combined with herbs to free the flood of poisonous substances. Then the cancer or growth will develop quickly and come out. In this way, pain Is overcome by Chinese Herbal Remedies without resort to cocaine, morphine, or any other drug. r ··Respondents' booklet "Herb Lore" also contains numerous £tate- .ments to the effect that Fong Poy or Fong 'Van has the··ability to .~iagri.ose diseases and prescribe remedies therefor. . •.. l Jn their advertising the respondents also use numerous testimonial letters purported to have been received :from purchasers.of respond· ents' herbs. These purported testimonials contain many statements and representations with respect to benefits alleged to have been received through the use of respondents' herbs. ,.. PAR. 3. Through the use o:f the statements and l'eprC'sentations set ~ut above. and others o:f similar import not specifically set out herein, all of which purport to be descriptive o:f the therapeutic properties of their herbs, the respondents represent, directly or 1hrongh inference, that their herbs constitute a cure or remedy for, and possess substantial therapeutic value in the treatment of, numerous diseases and .dis- ~rders of the human body, including cancer, tuber~ulosis, ulcers, tumors, diabetes, Bright's disease, kidney, bladder and prostate gland troubles, paralysis, rheumatism, and arthritis, high and low blood pressure, asthma, influenza, coughs and colds, varicosa vehis, crosseyes, neuritis, heart trouble, blood disorders, pyorrhea, stomach troubles, dysentery, pains, dizziness, hardening of the a:rtedes, goiter, :bronchial trouble, sinus trouble, liver and gall bladder troubles, nervous p.ttacks and disorders, obesity, headaches, and piles; that respondents' herbs build up the body, purify the blood, renew the strength, and stop pain; that the herbs wash away diseases from the body; that Fong Poy, also known as Fong 'Van. has the ability to diagnose numerous diseases and ailments and prescribe remedies therefor. PAR. 4. The Commission finds that the plan or methcd used by the respondents in the operation of their business is substantinlly as follows:

FONG WAN 157t 1566' Findings Members of the public suffering from disease or phy!'lical disorders· are urged through respondents' advertising to contact the respondents in order that their trouble may be diagnosed by respondents and· the' proper herbs prescribed to cure or relieve such disord~rs. The person claimed by respondent~ to be particularly qualified to make such. diagnosis and select the herbs needed is responder1t Fong Poy, also known as Fong 'Van. Prospective purchasers calling at the respond-' ents' place of business are questioned by Fong Poy as to their symp- · toms, and from the prospective purchaser's state~ent nnd from brief observation of the purchaser, Fong Poy undertake!! to determine· the nature of the ailment and to prescribe the particular herb or combi- ination of herbs required for such ailment. Iri his purported diagnosis of the patient's ailment Fong Poy pltices particular emphasis upon the nature and sound of f.he patient's voice,· His theory~ as stated in "Herb Lore," is that: · Many sufferers make a low moaning sound. This is the tone of the Yll .and, signifies kidney trouble. A loud, cranky, quick-tempered voice fndi<'!ltes an nil·· m(mt of the heart. A crying, choking voice signliles trouble in the lungs,.whlle a sighing sound directs one to the spleen, intestines, etc. The detection of ailments In this way by listening to the voice-s 1.:; frequently, far more accurate and successful than are many of the exhaustive examiiUltiona made by medical men. Any t•eader of this article, by cart'fully following sug·' gestions, will be able to discover for himself the ailment of a person who iB"''tuf· · fering severely.

In numerous instances. the prospective purchaser does not call in person at respondents' place of business but contacts respondents by mail. In such cases the purported diagnosis is made by Forig Poy upon the basis of such information as can be obtained from the prospective purchaser by mail and without any personal observation. The herbs are then selected by Fong Poy and mailed to the purchaser. Fong Poy is not a physician and has had no :fonnal education or training along medical or scientific lines. The respondents' conten~ · tion that Fong Poy is qualified to diagnose human ailments and' to prescribe therefor is based entirely upon his claim that he has made a.· study of ancient Chinese writings upon the subject· of herbs,. 'these writings being largely in the nature of folklore. Respondents customarily carry in stock some 3,000 different herbs. The herbs are intended to be taken in the form of tea. They are boiled in a prescribed quantity o:f water and the patient drinks a portion of the resulting solution at regular intervals. PAR. 5. The· evidence shows, and the Commission finds, that it is impossible correctly to diagnose human ailments or disordtrs through the method employed by respondents. The diaWtosis of human. ailments ison complicated and difficult matter, even for the trained ~nd FEDERAL TRADE COM..l\USSION DECISIONS Findings 32F.T.C.· experienced physician who has available all the necessary instruments and apparatus for making tests of the various organr. of the body,. Moreover, frequent and repeated examinations and tests must be made in many cases if intelligent and accurate conclusion,; are to be reached. 1'he brief inquiry and cursory observation made of prospective purchasers by the respondents is wholly inadequate to reYcal the· actual physical condition of such persons. There is no factual or scientific basis for respondents' theory that ailments can be diagnosed by listeni.J:lg tO the voice.

,.PAR. G. As indicated by respondents' publication "Herb Lore," Commiss~~n's Exhibit No. 11, the methods of diagnosis and trMtment of disease used by Fong Poy, also known as Fong 'Vnn, 'l.re based upon qoctrines which are of historical interest only, and which have had no a.accept~~;bility in the scientific sense for several centuries. The ''Doc· trine of Significances," as it is known historically and which involves analogy between color of plant preparations and color of organs of the body or color of symptoms that may occur in the b::1J.y, wns abandoned, so far as Western civilization was concerned~ during the Middle Ages, when the obvious lack of any relationship as having a reason-· able basis was appreciated. During the nineteenth century, with the rise 'of, particularly, organic chemistry and the study of drugs under controlled conditions on animals, most of the folklore ~f'garding remedies upon which Fong Poy apparently relies was abandoned. The .many thousands of materials discussed in Chinese materia ~edica.' have been thoroughly investigated by scientists all over the wo~id. and notably. in this country. Those drugs which have thera· p~_1;1t·~9 :value are known to the medical profession and are in use in various. forms. Modern medicine, however, has in many cases ex· tr~cted the useful chemicals, which are used in prefe-rence to the crude drugs. as the dosage can be more carefully controlled Without the int~:rference by the gum or tannin or other more or less inert materials th~t are in crude drugs. Among the drugs of herbal origin now being used in.modern medicine are digitalis, derived from foxglove; opium, from :POPPY; ephedrine, from the herb Ma Huang; the laxatives cascara, rhubarb, and senna; and the expectorant ipecac. The practice of Fong Poy of compounding various crude drugs for use in the form of tea and his methods of diagnosis have no scientific ba,sis in the treatment of diseases and conditions of the human body. In addition to the inability to definitely determine the exact dosage fr~e· f~m the interference of other materials, the prolonged boiling of such herbs as recommended by the respondents would have a tendency to destroy the chemical agents or the medicinal materials upon which such herbs depend for their reported efficacy. FONG WAN 1579 1566 Findings PAR. 7. On the subject of the therapeutic value of Chinese herbs, five expert witnesses were called at the instance of the Commission. Two of these witnesses were professors of pharmacology in outstanding medical schools and have devoted much study to the subject of herbs. Two of the remaining three witnesses were physicians and members of the faculties in prominent medical schools, while the third was a practicing physician of many years' experience. All five of these witnesses occupy eminent places in their professions. Tho respondents offered no expert testimony in support of their claims for their herbs, but confined their evidence to the introduction of a number of luy witnesses. The testimony of these witness!Oes was, in substance, that they had formerly suffered from various ailments which had been diagnosed as such by certain physicians, that the drugs and treatments prescribed by the physicians had proved of little or no value, but that upon taking the respondents' herbs they had been cured or relieved of their ailments. Much of this testimony was in the nature of hearsay and much of it was contradicted in material respects by the testimony of the physicians in question, who were introduced by the Commission as witnesses in rebuttal. After giving full consideration to the testimony of these lay witnesses, the Commission is of the opinion and finds that the testimony is of little probative value as compared with the expert testimony in the record. P.tR. 8. The Commission finds that the respondents' representations with respect to their herbs are grossly exaggerated, false, and misleading and constitute false advertisements. Respondents' herbs or any combination of such herbs do not constitute a cure or remedy for nor do they possess any therapeutic value in the treatment of cancer, tuberculosis, diabetes, Bright's disease, influenza, prostate gland troubles,. paralysis, varicose veins, hardening of the arteries, cross eyes, obesity, gallstones, or stomach ulcers. The representation that respondents' various herbs are of value in the treatment of· heart trouble is too general in its scope, as heart trouble includes many diseases and conditions usually of a chronic or organic type, for which no herb product would be of any value whatsoever. Furthermore, the drug digitalis, the more effective of respondents' drugs, must be carefully controlled in dosage in the treatment of certain well recognized specific heart conditions and its administration should be limited to such specific conditions. In some heart conditions this drug has no recognized useful effect. The use of the general term "heart trouble" to designate conditions for which respondents' herbs might be efficacious is misleading to the general public and causes it to believe that respondents' preparations are Findings 32 F. T. C. eflective in all cases of heart trouble, even of 11. chronic or organic nature.

The same tendency to mislead the public exists in the use of the terms "kidney trouble," "bladder trouble," "liver trouble," "stomach trouble,'' "blood disorders," "high or low blood pressure," and "bronchial disorders," which cover a number of diseases and conditions affecting those particular organs for which respondents' herbs h!lve absolutely no useful therapeutic value when taken as directed. There are a number o£ other diseases and conditions named by the respondents in their advertising in the treatment of which the use of respondents' herbs has no therapeutic value in excess of the temporary alleviation of certain symptoms associated with such conditions. Among these are arthritis, rheumatism, asthma, and colds. Drugs of herbal origin which have an analgesic action might afford temporary relief :from the symptoms of pain associated with arthritis and rheumatism; drugs containing ephedrine might afford temporary relief from the paroxysms of asthma arid also afford temporary relief from the symptoms of congestion of the mucous membrane in colds. The use of these preparations, however, would have no effect upon the underlying causes of these conditions and would not constitute a cure or remedy :for such conditions.

There are some types of goiter which are due to a deficiency of iodine, and as to such types the use of herb preparations containing iodine might be of some value. There are, however, other types of goiter in which the use of iodine would be definitely harmful. The therapeutic value of respondents' herbs is limited to the extent that a deficiency of iodine is supplied when the condition is due to an iodine deficiency.

The use of respondents' herbs in the form of tea has no therapeutic value in the treatment of pyorrhea.

Respondents' herbs will not build up the body, purify the blood, or renew strength. The use of said herbs will not wash away diseases from the body. Neither the respondent Fong Poy nor any of the other respondents have the ability to properly or scientifically dingnose diseases or ailments or prescribe remedies therefor. PAR. 9. The use by the respondents of the false advertisements referred to herein has the tendency and capacity to and does mislead and deceive a substantial portion of the purchasing public with respect to the therapeutic properties and values of respondents' herbs and to cause the purchasing public to purchase substantial quantities of respondents' herbs as a result of the erroneous anJ. mistaken belief t.ngendered by such false advertisements.

FONG WAN 1581 1566 Order CONCLUSION The acts and practices o£ the respondents 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, the answer of respondents, testimony and other evidence taken before trial examiners o£ the Commission theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, report of the trial examiners upon the evidence, briefs filed herein and oral arguments by John w·. Brookfield, Jr., counsel for the Commission, and by Frank M. Carr, counsel for respondents, and the Commission having made its findings as to the :facts and its conclusion that said respondents have violated the provisions of the Federal Trade Commission Act;

It is ordered, That the respondents, Fong Poy, also known as Fong 'Wan; and Fong K wongii, Y ee Nun Yet, Chan W oon Sheung, and Lee Bing Lin, individually and trading as Fong ivan, or trading under any other name, their representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution o£ their herbs, or any products of substantially similar composition or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith cease and desist from directly or indirectly :

1. Disseminating or causing to be disseminated any advertisement, by means of the United States mails or by any means in commerce as "commerce" is defined in the Federal.Trade Commission Act, which advertisement represents, directly or through inference: (a) That respondents' herbs constitute cures or remedies for, or possess any therapeutic value in the treatment of, cancer, tuberculosis, diabetes, Bright's disease, influenza, prostate gland disorders, paralysis, varicose veins, hardening of the arteries, cross eyes, obesity, gallstones, stomach ulcers, or pyorrhea.

(b) That respondents' herbs are cures or remedies for heart trouble, kidney trouble, bladder trouble, liver trouble, stomach trouble, blood disorders, high or low blood pressure, or bronchial disorders, or constitute competent or effective treatments therefor. 8226911---cl-vot.. 82-100 1582 FEDERAL .TRADE COMMISSION DECISIONS Order 32F.T.C.

(c) That respondents' herbs constitute cures or remedies for arthritis or rheumatism or have any therapeutic value in the treatment of such conditions in excess of affording temporary relief from the symptoms of pain.

(d) That respondents' herbs constitute a cure or remedy for asthma or have any therapeutic value in the treatment of such condition in excess of furnishing temporary relief from the paroxysms of asthma.

(e) That respondents' herbs constitute cures or remedies for colds or have any therapeutic value in the treatment thereof in excess of affording temporary" relief from· the symptoms of congestion of the mucous membrane.

(f) That respondents' herbs constitute a cure or remedy for goiter· or have any therapeutic value in the treatment of such condition in excess of that afforded by supplying iodine in those cases where a deficiency of iodine exists.

(g) That said herbs will build up the body, purify the blood, or renew strength.

(h) That said herbs wash away diseases from the body. , (i) That respondent Fong Poy or Fong 'Van, or any of the respondents, have the ability to diagnose diseases or ailments or prescribe remedies therefor.

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 respondents' herbs, which advertisement contains any of the representations prohibited in paragraph 1 hereof and respective subdivisions thereof.

It is further ordered, That the respondent shall, within 60 days after the service upon them of this order, file with the Commission a report in writing setting forth in detail the· manner and form in which they have complied with this order.

STEPHENSON LABORATORIES 'trust, ETC; 1583 Syllabus