Mumm, Romer, Robbins & Pearson, Inc

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF 1V. K. STERLINE, AND MU:Ml\I, ROMER, ROBBINS & PEARSON, INC.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. I! OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 1,485. Complaint, Apr. 8, 1941-Decision, Sept. 23, 1941 Where an individual engaged in interstate sale and distribution of his ••JiaY Fever Compound" also ~own as "W. K. Sterllne's compound," and }lis "Asthma Treatment," the latter including said "Compound," "Bronchial Elixir," and "Koranu Powder"; together with his corporate advertising agency, by advertisements sent through the mails and through form letters, leaflets, pamphlets, and other advertising media, and including purported testimonial quotations, directly and by Implication- ( a) Represented that his said "Hay Fever Treatment"' was a cure and remedy for hay fever, and a competent and effective treatment therefor, which would fortify one's system against It, enabling one to avoid it, and would check sneezing and nasal discharge; facts being said treatment bad no therapeutic value In the treatment of such condition; (b) Represented that said "Asthma Treatment" constituted a cure and remedy for asthma and a competent and effective treatment therefor, and also tor bronchltls when associated with asthma, and would restore one to bealtb and prevent return of said condition; facts being neither ISald treatments nor the preparations of which it was composed, whether used separately or in any combination, constituted a cure or effective treatment for either ailment, or bad any therapeutic value In the treatment of asthma In excess of affording mild temporary relief from lts paroxysms, or any such value In the treatment of bronchitis when associated with asthma in excess of that furnished by a mild expectorant;

(c) Represented that his said "Elixir" constituted a cure and remedy and a competent and effective treatment for bronchitis; facts being it bad no therapeutic value In treatment thereof, In excess of that furnished, as aforesaid, by a mild expectorant; and (d) Failed to reveal facts material in light of representations contained in said advertisements as respects his said "Compound," and that use thereof under usual] or prescribed conditions might result In serious injury to health, iO that its content of potassium iodide and fluid extract of lobelia might be harmful to those suffering from active or latent tuberculosis, and Its sodiUill bromide content, when used over long period of time, was likely to cause mental derangement and rash; and failed to apprise the reader that use of product in question might be harmful for such reasons, In note on ]abel of said "Compound" advising prospective user, in event of having tuber· culosls, to see a physician first;

With effect of misleading and deceiving a substantial portion of the purchasing public Into the erroneous belief that such representations were true, and of inducing a substantial portion of said public, because o:f such belief, to purchase his "Treatments":

Held, That such acts and practices, under the circumstances Sit forth, were all to the prejudice and Injury of the publlc, and constituted unfair and deceptive acts and practices in commerce.

W. K. S!TEH:LINE, ET AL. 1413 1412 Complaint Before Mr. John W. Norwood, trial examiner. Mr. John W. Carter, Jr. for the Commission. Complaint Pursuant to the provisions o£ 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 W. K. Sterline, an Jndividual, and :Mumm, Romer, Robbins & Pearson, Inc., a cor- Poration, hereinafter referred to as respondents, have violated the Provisions of the said act, and it appearing to the Commission that a hroceeding by it in respect thereof would be in the public interest, ereby issues its complaint, stating its charges in that respect as follows:

. PARAGRAPH 1. Respondent, "\V. K. Sterline, is an individual with h~s principal place of business located at 110 West Poplar Street, Srdney, Ohio.

PAn. 2. This respondent is now, and for more than 1 year last Past has been, engaged in the sale and distribution of a treatment for hay fever, consisting of a medicinal preparation designated ""\V. K. Sterline's Compound," sometimes referred to as "Double Strength liay Fever Compound," ""\V. K. Sterline's Hay Fever Compound," ''Iray Fever Compound," and "Compound," hereinafter referred to as "Hay Fever Treatment;" and in the sale and distribution or a treatment for asthma .designated "Sterline's Combination Home Treatment" and sometimes as "Combination Treatment," hereinafter referred to as "Asthma Treatment," consisting of the following items: (a) A medicinal preparation designated "W. K. Sterline's Com- Pound," sometimes referred to as "Sterline's Asthma Compound" and "A sthma Compound." ..

(b) A medicinal preparation designated as "W. K. Sterline's Elixir," sometimes referred to as "Sterline's Bronchial Elixir" and ''Bronchial Elixir"; and (c) A medicinal powder designated as "Korona," sometimes referred to as "Asthma Powder," · in commerce among and between the various States of the United States.

. This respondent causes his aforesaid treatments, und the various ltems constituting said treatments, when sold, to be transported from his place of business in the State of Ohio to the purchasers thereof located in various other States of the United States. This respondent maintains, and at all times mentioned herein has lnaintained, a course of trade in his aforesaid treatments, and in the Complaint 33F.T.C· various items constituting said treatments, in commerce between and among the various States of the United States. P .AR. 3. Respondents, Mumm, Romer, Robbins & Pearson, Inc., is a corporation existing under the laws of the State of Ohio, with its principal office and place of business located at 33 North Grant Avenue, Colmnbus, Oh~o. This respondent is an advertising agency and, as such, is engaged in formulating, editing, and selling, as well as ad· vising its clients on advertising matters.

This respondent is the advertising representative of respondent, ·w. K. Sterline, and as such it places all newspaper advertising, and aids, assists and advises in the preparation of all advertising ma· terial, used by respondent, W. K. Sterline, in the sale and distribution of the aforesaid treatments and medicinal preparations designated as aforesaid.

PAR. 4. The respondents act in conjunction and cooperation with one another in the performance of the acts and practices hereinafter alleged.

PAR. 5. In furtherance of the sale and distribution of the afore· said "Hay Fever Treatment," the aforesaid "Asthma Treatment" · and the respective items thereof, as aforesaid, the said respondents have disseminated and are now disseminating, and have caused and are now causing the dissemination of, false advertisements concerning the aforesaid "Hay Fever Treatment" and the aforesaid "Asthma Treatment". by the United States mails and by various means in com· merce, as commerce is defined by the Federal Trade Commission Act; and respondents have also disseminated and are now disseminating and have caused and are now causing the dissemination of false advertisements concerning the said treatments, designated as afore· said, by various means, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of the said treat· ments, and the respective items thereof, in commerce, as commerce is defined by the Federal Trade Commission Act. Among and typical of the false statements and representations dis· seminated and caused to be disseminated by the United States mails, by form letters, leaflets, pamphlets, and other advertising media, are the following: · WHY SUFFER WITH HAY FEVER? Fortify your system now by using W .. 1{. Sterllne's IIay Fever Compound.

Every time you take a dose you are doing that much to fortify your system and avoid your Hay Fever.

For 20 years I have been afflicted with Hay Fever. Nothing gave me any relief until I used your product. The sneezing and running from my nose was checked and I can truthfully say 1t ls the most etrective remedy I ever used In my life.

W. K. S\TERLINE, ET AL~ 1415 1412 Complaint 13: Some will not believe Hay Fever can be prevented, but at the end of e\·ery ay Fever season sufferers write tl1ey escaped entirely. h I am glad to recommend your treatment because it always keeps me from aving the slightest attack of Hay Fever.

I a1u mailing you today my ASTHMA compound and, since most people who SUffer from Asthma also have Bronchitis without knowing it, I am also sending a trial of my Bronchial Elixir.

For Instance, W. W. Shaeffer, Wakeman, Ohio, says that before he used my treatment in 1909, he couldn't rert in bed at all, but since taking ·the medicine nearly 30 years ago, he has never had an attack of asthma. I have hundreds and hundreds of letters, not only from those who have just recently taken the treatment, but from those who used these same medich1es 10• 15, and 20 years ago, all stating that their asthma has not returned. I Was confined to my bed for years and wondered how~ I managed to live. Everything I ate disagreed with me until I received your proper diet. Now I am making up for what I missed in my younger days. I have just forgotten that I ever bad Asthma, but I owe it all to your great medicine. I am in the best of health • • •.

Your medicines are worth their weigltt in gold and God Bless you for saving me frcm the grave. I did not want to live those years and now I can hardly believe it is myself well and perfectly healthy. I want everyone to write me as I will always praise your treatment to the highest. I would be dead but for your precious medicine.

. PAn. 6. Through the use of the statements and representations here- Inabove set forth, and other statements and representations similar thereto, but not specifically set out herein, which purport to be descriptive of the therapeutic properties of the aforesaid "Hay Fever Treattnent," sold and distributed by respondent, \V. K. Sterline, as aforesaid, respondents represent directly and by implication that the "Hay Fever Treatment," is a cure and remedy for hay fever and constitutes a competent and effective treatment for hay fever; that it will fortify one's system against hay fever; that it wih enable one to avoid hay fever; and that it will check sneezing and discharging from the nose. Through the use of the statements and representations hereinabove Bet forth, and other statements and representations similar thereto but not specifically set out herein, which purport to be descriptive of the therapeutic properties of the aforesaid "Asthma Treatment" sold and.. distributed by respondent, ·w. K. Sterline, as aforesaid, respondents represent directly and by implication that the "Asthma Treatment" is a cure and remedy for asthma and constitutes a competent and effective treatment for asthma; and that it will restore one to health; and that it will prevent the return of asthma. Respondents further represent that thi~ treatment is a cure and remedy for bronchitis when this disease is associated with asthma.

PAR. 7. The foregoing statements and representations, and others similar thereto but not specifically set out herein, are gL"Ossly exaggerated, false, and misleading.

Complaint 33 F.T.O· The aforesaid "Hay Fever Treatment," sold and distriuted as aforesaid, is not a cure or remedy for, and has no generally recog· nized dependable therapeutic value in the treatment of, hay fever. It will not fortify one's system against hay fever. It will not enable one to avoid hay fever. It will not check sneezing and discharging from the nose. It will not prevent hay fever. The aforesaid "Asthma Treatment," and the individual prepara· tions constituting this treatment sold and distributed as aforesaid, used separately, or in any combination of one with the other, is not a cure or remedy, nor do they jointly or separately, or in any coJll· bination of one with the other, have any generally recognized material therapeutic value in the treatment of asthma or bronchitis in excess of affording temporary relief from the paroxysm usually associated with asthma. They will not restore one to health. They will not. prevent the return of asthma. They are not a cure or remedy, nor are they a competent or effective treatment for bronchitis. The medicinal preparation "\V. K. Sterline's Compound" and the medicinal preparation "Korona" have no generally recognized material the.rapeutic value in the treatment of asthma in excess of affording temporary relief from the paroxysm of asthma. The medicinal preparation "\V. K. Sterline's Elixir" has no gen· erally recognized material therapeutic value in the treatment of bronchitis in excess of that furnished by an expectorant. .PAR. 8. The medicinal preparation "W. K. Sterline's Compound" contains the drugs potassium iodide and fluid extract of lobelia. The use of this preparation thus constituted may be harmful to those suffering with active or latent tuberculosis by reason of delaying' or retarding healing and the danger of activation of dormant lesions. This ·medicinal preparation also contains the drug sodium bro· mide. The use of this preparation thus constituted over a long' period of time is likely to cause mental derangement and rash. The advertisements disseminated by the respondents, as aforesaid, contain no cautionary or warning statement to the effect that this · preparation should not be used by persons suffering from active or latent tuberculosis, nor do they contain a cautionary or warning state· ment to the effect that this preparation should not be taken over a prolonged period of time. Such advertisements, therefore, constitute false advertising in that they fail to reveal facts material in the light of the representations contained therein and fail to reveal that the use of said preparations under the conditions prescribed in said advertisements, or under such conditions as are customary or usual, may result in serious injury to health.

W. K. S•TERLINE, ET AL. 1417 1412 Findings PAn. 9. The use by said respondents, as aforesaid, of the foregoing false, deceptive, and misleading statements and representations, and others of similar nature, disseminated as aforesaid, has had and now has the tendency and capacity to, and does, mislead and deceive a su.bstantial portion of the purchasing public into the erroneous and lnlstaken belief that such false statements, representations and ad- Vertisements are true, and to induce a substantial portion of the purchasing public because of such· erroneous and mistaken belief to Purchase the aforesaid treatments and the medicinal preparations designated as aforesaid.

P~n. 10. The aforesaid acts and practices of said respondents as1 lerem 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 FA cis, AND Onder l Pursuant to the provisions of the Federal Trade Commission Act, t le Federal Trade Commission on the 8th day of April 1941, issued, and on the 9th day of April1941, and on the loth day of April19H, served its complaint on respondents, Mumm, Romer, Robbins & Pearson, Inc., and on respondent, "\V. K. Sterline, respectively, charging ~respondents with the use of unfair and deceptive acts and practices 111 commerce in violation of the provisions of said act. I On April28, 1941, respondents, 1\Iumm, Romer, Robbins &'Pearson, nc., and on April 30, 19±1, respondent, ,V, K. Sterline, filed their €eparate answers in this proceeding. Thereafter, a stipulation was entered into whereby it was stipulated and agreed that a statement of facts, together with the exhibits thereto attached, signed and executed by respondent, ,V, K. Sterline, and by respondents, Mumm, nomer, Robbins & Pearson, Inc., and Richard P. "\Vhiteley, assistant chief counsel for the Federal Trade Commission, subject to the ap- Proval of the Commission, may be taken as the facts in this proceeding and in lieu of testimony in support of the charges stated in the com- Plaint, or in opposition thereto, and the said Commission may proceed Upon said statement of facts, and the exhibits thereto attached, to lnake its reports, stating its findings as to the facts and its conclusion Lased thereon and enter its order disposing of the proceedings without the presentation of argunwnt or the filing of briefs and without the filing of trial examiner's report upon the evidence. 'I'his proceeding, thereafter, regularly came on for final hearing before the Commission on said complaint, answers, stipulation, and e:x:hibits, said stipulation having been approved, accepted, and filed, nnd the Commission having duly considered the same and being now 1418 FEDERAL TRADE COMJ\USSION DECISIONS Findings 33 F. T. C. 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 THE FACTS PARAGRAPH 1. Respondent, ·w. K. Sterline, is an individual with his principal place of business located at 110 East (instead of 110 We:t ns alleged in the complaint) Poplar Street, Sidney, Ohio, and he IS Ilo\V and for more than 1 year last past has been engaged in the sale and distribution in 'commerce between and among the various States of the United States of a treatment for hay fever and of a treatment for asthma and of the various individual medicinal preparations of w·which said treatments are composed.

This respondent's hay fever treatment consists of a medicinal prep· aration designated "'V. It. Sterline's Compound," sometimes referred to as "Double Strength Hay Fever Compound," "W. K. Sterline's !lay Fever Compound," "Hay Fever Compound" and "Compound." This respondent's treatment for asthma, designated "Sterline's Com· bination Home Treatment," and sometimes as "Combination Treatment," consists of the following items:

(a) A medicinal preparation designated "W. K. Sterline's Com· pound,'~ sometimes referred to as "Sterline's Asthma Compound" and "Asthma Compound."

(b) A medicinal preparation designated as "W. K. Sterline's Elixir," sometimes referred to as "Sterline's Bronchial Elixir," and "Bronchial Elixir"; and (c) A medicinal powder designated "W. K. Sterline's Korana Pow· der'' (instead of "Korona" as alleged in the complaint), sometimes referred to as "Asthma Powder."

PAR. 2. Respondent, W. K. Sterline, causes his aforesaid treatments, designated as aforesaid, and the individual medicinal preparations con- :;tituting said treatments, when sold, to be transported from his place of business in the State of Ohio to the respective purchasers thereof located in various other States of the United States; and he maintains, and at all times mentioned herein has maintained, a course of trade in his aforesaid treatments and in the individual medicinal preparations constituting said treatments in commerce between and among the various States of the United States.

PAR. 3. Respondents, Mumm, Romer, Robbins & Pearson, Inc., is a corporation existing under the laws of the State of Ohio, with its principal office and place of business located at 33 North Grant A venue, Columbus, Ohio. This respondent is an advertising agency engaged in formulating, editing, selling, and advising its clients on advertising W. K. STERLINE, ET tal. 1419 1412 Findings matters. It is the advertising representative of respondent, W. K. ~t~rline, and prepares and places all newspaper and periodical advertls~ng, and reviews, edits, revises, alters, rearranges, and sometimes re- Wrltes all advertising material used by W. K. Sterline in the offering for sale, sale and distribution of the aforesaid "Hay Fever Treatment'' and "Asthma Treatment" and the individual medicinal preparations of Which said treatments are composed.

PAR. 4. The respondents act i.n conjunction with one another in the Performance of the acts and practices hereinafter found. PAn. 5. In furtherance of the sale and distribution of the said "Hay Fever Treatment," and "Asthma Treatment," variously designated as aforesaid, and of the individual medicinal preparations of which said treatments are composed, as aforesaid, the said respondents have disseminated, and are now disseminating, and have caused and are now causing the dissemination of, false advertisements concerning the said "liay Fever Treatment," and "Asthma Treatment" and the individual lnedicinal preparations of which said treatments are composed, by the Dnited States mails and by various means in commerce, as commerce is defined in the Federal Trade Commission Act; and respondents have caused and are now causing the dissemination of false advertisements concerning the said "Hay Fever Treatment" and "Asthma Treatment," designated as aforesaid, and concerning the individual medicinal Preparations of which said treatments are composed, by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of the said treatments and the purchase of the respective individual medicinal preparations thereof, in comlllerce, as commerce is defined in the Federal Trade Commission Act. Among and typical of the :false statements and representations disseminated and caused to be disseminated by the United States mails, and by various means in commerce, through the use of form letters, leaflets, pamphlets, and other advertising media, are the following: \Vay SUFFER WITH HAY FEVER: Fortify your system now by using W. K. Ster- Itne's Hay Fever Compound. · Every time you take a dose you are doing that much to fortify your system and avoid your Hay Fever.

For 20 years I have been afflicted with Hay Fever. Nothing gave me any relief until I used your product. The sneezing and running from my nose was checked and I can truthfully say it is the most effective remedy I ever used in my life.

Some wlll not believe Hay Fever can be prevented, but at the end of every H~1y Fever season sufferers write they escaped entirely. I am glad to recommend your treatment because it always keeps me from having the slightest attack of IIay Fever.

Findings 33F. T.C.

I am mailing you today my ASII'HMA compound and, since most people who suffer from Asthma also have Bronchitis without knowing it, I am also sending' a trial of my Bronchial Elixir.

For instance, W. W. Shaeffer, Wakeman, Ohio, says that before he used tny treatment in 1909, be couldn't lest in bed at all, but since taking the medicine nearly 30 years ago, he has never had an attack of asthma. I have hundreds and hundreds of letters, not only from those who have just recently takm1 the treatment, but from those who used these same medicines 10, 15, and 20 years ago, all stating that their asthma bas not returned. I was confined to my bed for years and wondered how I managed to live. Everything I ate disagreed with me until I received your proper diet. Now I am making up for what I missed in niy younger days. I have just forgotten that I ever had Asthma, but I owe it all to your great medicine. I am in tbtl best of heahh • • • .

Your metlicines are worth their weight In gold and God Bless you for saving me from the grave. I did not want to live those years and now I can hardly believe it Is myself well and perfectly healthy. I want everyone to write me ns I will always p1·aise your treatment to the highest. I would be dead but for your precious medicine.

PAR. 6. Through the use o£ the statements and representations here· inabove set fo~th, and others similar thereto but not specifically set out herein, purporting to be descriptive of the therapeutic properties of respondent ,V. K. Sterline's "Hay Fever Treatment," respondents represent directly and by implication that the said "Hay Fever Treat· ment" is a cure and remedy for hay 'fever and constitutes a competent and effective treatment for hay fever; that it will fortify one's system ugainst hay fever; that it will enable one to avoid hay fever; and that it will check sneezing and discharging from the nose. PAR; 7. Through the use of the statements and representations here· inabove set forth, and others similar thereto but not specifically set out herein, purporting to be descriptive of the therapeutic properties of respondent ,V. K. Sterline's "AstJ1ma Treatment," and of the individual medicinal preparations of which said treatment is cornposed, respondents represent directly and by implication that the said "Asthma Treatment" is a cure and remedy for asthma and constitutes a competent and effective tre.atment for asthma; that it is a cure and remedy for bronchitis and constitutes a competent and effective treatment for bronchitis when bronchitis is associated with asthma; that it will restore one to health; that it will prevent the return of asthma. I) AR. 8. Through the use of the statements and representations hereinabove set forth, and others similar thereto but not specifically set out herein, purporting to be descriptive of the therapeutic propertie:=; of the medicinal preparation ""\V. K. Sterline's Elixir," respondent~ represent directly and by implication that the said medicinal prepara· tion is a cure and remedy for bronchitis and constit~tes a competent nnd effective treatment for bronchitis.

W. K. STERLINE, ET AL'. 1421 1412 Findings P .AR. 9. The aforesaid statements and representations, and others similar thereto but not specifically set out herein, are grossly exaggerated, false, and misleading.

The aforesaid "Hay Fever Treatment," sold and distributed as aforesaid is not a cure or remedy, nor a competent or effective treatment for hay fever. It has no generally recognized dependable therapeutic value whatever in the treatment of hay fever. It will not fortify one's system against hay fever. It will not enable one to avoid hay f:ver. It will not prevent hay fever. It will not check sneezing and discharging fro.m the nose.

The aforesaid "Asthma Treatment," sold and distributed as aforesaid, or the individual medicinal preparations of which said treatment is composed, used separately, jointly, or in any combination of 0?e with the other, is not a cure or a remedy, nor a competent or effective treatment, for asthma or bronchitis; nor do they jointly or Separately, or in any combination of one with the other, have any generally recognized dependable therapeutic value in the treatment of asthma in excess of affording mild temporary relief from the parox- Ysms usually associated with asthma; nor do they jointly or separately, or in any combination of one with the other, have any generally recognized dependable therapeutic value in the treatment of bronchitis, when bronchitis is associated with asthma, in excess of that furnished by a mild expectorant. They will not restore one to health. They will not prevent the return of asthma. The aforesaid medicinal preparation "W. K. Sterline's Elixir" sold and distributed, as aforesaid, is not a cure or remedy, nor a competent or effective treatment for bronchitis. It has no generally recognized dependable therapeutic value in the treatment of bronchitis in excess of that furnished by a mild expectorant, either when bronchitis is associated with asthma or when bronchitis is inde- Pendent of asthma.

Pan. 10. The medicinal preparation "'V. K. Sterline's Compound" contains the drugs potassium iodide, fluid extract of lobelia, and sodium bromide. Due to the presence of potn,ssium iodide and fluid extract of lobelia the use of this preparation may be harmful to persons &uffering 'fro.m active or latent tuberculosis by reason of delaying or l"etarding healing and the danger of activation of dormant lesions. Due to the presence of sodium Lr·omide the use of this preparation O\·er a long period of time Ly any person is likely to cause mental derangement and rnsh.

PAn. 11. The labels now being- used Ly respondent, ,V. K. Sterline, for the medicinal preparation "'V. K. Sterline's Compound" carries the following statement printed thereon:

435526m--42--vo!.33----00 Conclusion 33F. T.C.

Note: If you have tuberculosis see a physician before using. This statement is not such a warning or cautionary statement that apprises the reader that the use of this preparation may be harmful to persons suffering from active or latent tuberculosis by reason of delaying or retarding healing and the danger of activation of dormant lesions and that this preparation used over a long period of time by any person is likely to cause mental derangement and rash. The advertisements disseminated by the respondents contain neither a statement to the effect that the use of this preparation may be harmful to persons suffering from active or latent tuberculosis by reason of delaying or retarding healing and the danger of activation of dormant lesions and that its use over a long period of time is likely to cause mental derangement and rash, nor a cautionary or warning statement to the effect that this preparation should be used only as directed on the label. Such· advertisements, therefore, constitute false advertisements in that they :fail to reveal :facts material in the light of the representations contained therein and fail to reveal that the use of said preparation under the conditions prescribed in said advertisements or under such conditions as are customary or usual, may result in serious injury to health.

PAR. 12. The use of said respondents, as aforesaid, of the foregoing false, deceptive, and misleading statements and representations, and others of a similar nature, disseminated as aforesaid, has had and noVV 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 statements, representations and advertisements are true, and that respondent ,V. K. Sterline's "Hay Fever Treatment" and "Asthma Treatment" and the individual medicinal preparation of which said treatments are composed will accomplish the results claimed as found in paragraphs 6, 7, and 8 hereof, and that respondent's medicinal preparation "'V. K. Sterline's Compound" is harmless and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief to purchase respondent ,V. K. Sterline's aforesaid "Hay Fever Treat;ment" and "Asthma Treatment" and the ·various medicinal preparations of which said treatments are composed, as aforesaid. OONCLUSION The aforesaid acts and practices of 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. W. K. STERLINE, ET AL. 1423 1412 Order ORDER TO CEASE AND DESIST . This proceeding having been heard by the Federal Trade Commis- Sion upon the complaint of the Commission, the answers of the re- 1-i))ondents, and a stipulation as to the facts entered into between the respondents herein and Richard P. vVhiteley, assistant chief counsel for the Commission, which provides, among other things, that without ~urther evidence or other intervening procedure the Commission may Issue and serve upon the respondents findings as to the facts and its conclusion based thereon and an order disposing of the proceeding, u,n<} the Commission having made its findings as to the· facts and its conclusion that the respondents have violated the provisions of the li'ederal Trade Commission Act.

It i.~ ordered, That respondent, ·w. K. Sterline, his agents, repres~~ntatives, and employees, and that respondents, Mumm, Romer, Robbms & Pearson, Inc., its officers, representatives, agents, and em- Ployees, directly or through any corporate or other device, in con- J~ection with the offering for sale, sale or distribution of vV. K. Sterline's "Hay Fever Treatment," consisting of the medicinal preparation ''W. K. Sterline's Compound" and "\V. K. Sterline's "Asthma Treat- Inent'' consisting of the medicinal preparations, "vV. K. Sterline's Compound," "\V. K. Sterline's Elixir," and "vV. K. Sterline's KoranR Powder," and the individual preparations of which the aforesaid ''Hay Fever Treatment" and the aforesaid "Asthma Treatment" are con11>osed, or in connection with the offering for sale, sale or distribution of any other preparation or combination of preparations, consisting of substantially similar composition or possessing substantially similar properties, whether represented as a treatment or treatments and under whatever name or names designated, do forthwith cease and desist from, directly or indirectly. 1. Disseminating or causing to be disseminated any advertisement Ly means of the United States mails or by any means in commerce, . a, commerce is defined in the Federal Trade Commission Act, which . advertl.s~ment represents directly, indirectly or through inference: A. That respondent "\V. K. Sterline's "Hay Fever Treatment," or the medicinal preparation "vV. K. Sterline's Compound'' (a) is a cure or remedy for, or posses...,es any therapeutic value Whatever in the treatment of persons suffering from, hay fever; or (b) possesses any properties which will be effective in fortifying the system against, or enable one to avoid, hay fever; or (c) will check sneezing and discharging from the nose; and ll. That respondent "\V. K. Sterline's "Asthma Treatment," or the medicinal preparations "1V. K. Sterline's Compound," "W. K. Ster- Order 33 F. T.C.

line's Elixir" or "\V. K. Sterline's Korana Powder," separately, jointly, or when used in any combination of the one with the other: (a) is a cure or remedy for, or possesses any t_therapeutic yalue in the treatment of, asthma in excess of affording mild temporary x·elief from the paroxysms usually associated with asthma; or (b) will prevent the return of asthma or restore one to health; or (c) possesses any therapeutic value in the treatment of bronchitis, when bronchitis is associated with asthma, in excess of that furnished by a mild expectorant ;

C. That respondent W. K. Sterline's medicinal preparation "W. J{. Sterline's Elixir" possesses any therapeutic value in the treatment of br<:mchitis in excess of that furnished by a mild expectorant, whether bronchitis is associated with asthma or not. 2. Disseminating or causing to be disseminated any advertisement of the medicinal preparation "'V. K. Sterline's Compound" by means of United States mail or by any means in commerce, as commerce is defined in the Federal Trade Commission Act, which fails to reveal that said medicinal preparation should not be used by persons suffering from active or latent tuberculosis and that use of said preparation over a long period of time is likely to cause mental derangement, provided, however, that if the label of said preparation contains a warning of the potential dangers existing in the said medicinal preparation as hereinabove set forth, such advertisements need contain only the cautionary statement: CAUTION, USE ONLY AS DIRECTED ·ON THE LAB£J.,. 3. 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 \V. K. Sterline's "Hay Fever Treatment" or of ,V, K. Sterline's "Asthma Treatment," or of the individual medicinal preparations of which each treatment is composed, which advertisement contains any of the representations prohibited in paragraph 1 hereof, or which fails to comply with the requirements !!et forth in paragraph 2 hereof.

It i8 further ordered, That the respondent shall, within 10 days after service upon them of this order, file with the Commission an interim report in writing stating whether they intend to comply with this order, nnd if so, the manner and form in which they intend to comply; and that, within 60 days after service upon them of ~his order, said respondents shall file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order.

STERLING APPLIANCE 00. 1425 Syllabus