Middlebrook Hospital & Cunic

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

IN THE MATXER OF JAMES R. MIDDLEBROOK, M. D., DOING BUSINESS AS MIDDLEBROOK HOSPITAL AND CLINIC COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. IS OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Daeket 4539. Oompla,int, July 16, 1941-Decision, Dec. 11, 1941 Where a doctor of medicine, with offices, hospital, and clinic in a certain Texas city, engaged in the sut·gical and medical treatment of diseases and disorders of the prostate gland, and In distributing through the mails, advertising and other literature, which bad the capacity and tendency to induce prospective patients to travel to his place of business for treatment; and engaged, further, in the interstate offer, sale, and distribution of certain medicinal preparations in a "Special Prostate Package for Home Treatment," containing (1) "Calomel, Rhubarb, and Colocynth Compound," (2) "Special Formula No. 17831," and (3) "Methenamine (7% Grains)"; By means of letters, circulars, booklets, and other advertising literature (along With requests, on the reverse side of many of his advertisements, for names and addresses of men belleved to have prostate or rectal troubles, together With an ofter to award the forwarder a $10 credit on medical services rendered in aforesaid city following the furnishing of such names) ; directly or by implication- ( a) Falsely represented that preparations contained in said "Special Package" would relieve putn and soothe and heal the affected parts Involved in kidney, bladder, and rectal diseases and diseases of the prostate gland; (b) Falsely represented that said ''Methenamine (7% Grains)" was one ot the best urinary antiseptic treatments for cleansing infections and lnftammation from the kidneys, bladder, and prostate and urethral canal; facts being said product would be effective only when urine was sufficiently acid to liberate formaldehyde, and contained no Ingredient insuring constant acidity of the urine; • (c) Falsely represented that said "Special Formula No. 17831," when applied through the rectum, "was .absorbed through and Into" the prostate gland in sufficient quantities to be effective;

(d) Falsely represented that the price of his said package of preparations was normally $7.50, but that it was offered at a special Introductory price of $5.00, facts being $5.00 was the price for which it was generally sold; and (e) Failed to reveal that prescribed use of his cathartic "Calomel, Rhubarb, and Colocynth Compound" by one suffering from nausea, vomiting, abdominal pains, or other symptoms of 1ippendicit1s, was dangerous; With effect of misleading and deceiving a substantial portion of the purchasing public Into the belief that such false representations were true, and further effect of causing it because of said mistaken belief, to purchase his said "Special Package":

lield, That such acts and practices, under the circumstances set forth, were all to the prejudice and Injury of the public, and constituted unfair and deceptive acts and practices In commerce.

336 Fedl:RAL TRADE COMMISSION DECISIONS Complaint 34F. T. C.

Mr. Eldon P. Schrup for the Commission.

Mr. Douglas A. Newton, of Del Rio, Tex., for respondent. Complaint Pursuant to the provisions of the Federal Trade Commission. Act and by virtue of the authority vested in it by said act, the Federal Trade Commission having reason to believe that James R. Middle· brook, M. D., individually and doing business under the name and style of the Middlebrook Hospital and Clinic, hereinafter referred to as respondent, has violated the provisions of said act, and it appear· ing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint, stating its charges in that respect as follows:

P ABAGRAPU 1. Respondent, James R. Middlebrook, is a doctor o£ medicine, doing business under the name and style of the Middlebrook Hospital and Clinic, with offices, hospital, and clinic located in the city of Del Rio, State of Texas.

Respondent allegedly specializes in the surgical and medical treat· ment of diseases and disorders of the prostate glandt and in further· ance of the introduction of his said medical services to the public has caused, and now causes, to be distributed through the United States mails various letters, circulars, booklets, physical examination and diagnosis blankst dietary lists, and other advertising literature pur· portedly descriptive of the conditions allegedly giving rise to the need for such operations or treatments and further designed to induce prospective patients to travel to respondent's places of business for the obtaining of the same.

Respondent is now and ·for more than 1 year last past has been also engaged in the offering for sale, sale and distribution or' certain medicinal preparations distributed in a package designated as "Special Prostate Package for Home Treatment," containing the following preparations:

(a) "Calomel, Rhubarb, and Colocynth Compound," consisting o£ a box of two capsules, labeled as follows:

Calomel, Rhubnrb and Colocynth Compound- SIIARP & DOWIE Take one each night be!ore treatment Is started.

I' II MIDDLEBROOK HOSPITAL A..""l'"D CLINIC 337 835 Complaint Said preparation is compounded of the following drugs: II . Grain• I ,j Calomel--------------------------------------------------------------- 2 'I Pm Rhubarb Compound----------------------------------------------- 2 Pill Colocynth Compound--------------------~-------------------------- 2 (b) "Special F.formula No. 17831t consisting of a box of 30 sup- I positories, labeled as follows;

Thirty Suppositories SPECIAL FORMULA No.17831 Keep In a cool place to avoid softening Atropine, %o gr. ~ Phenacaine Hydrochloride, lh gr.; Tannin, 1 gr.; Nutgall, 1 gr.; Phenol, % gr.; Zinc Oxide, 6 grs. ' Caution: To be used only by or on the prescription of a physician.

Manufactured tor J. R. Middlebrook, M. D.

Del Rio, Texas by The Upjohn Company, · Kalamazoo, llfi_ch.

(a) ":Methenamine (7¥2 Grains)," consisting of a box of tablets, labeled as follows:

Methenamine (7% Grn!ns) SHARP & DOH!IIE Dissolve one In glass of water, and take 2 times dally, before meals, for 20 days, then one dally until complete.

The above preparations are.: described and offered for sale by re- Epondent by means of letters, circulars, booklets, and other advertising literature distributed as aforesaid, to prospective patients or purchasers. , Respondent has caused and now causes said Special Prostate Package for Home Treatment when sold to be transported from his offices, hospital, or clinic in the State of Texas to purchasers thereof located in various other: States of the United ~states and in the District of Cohunbia.

Respondent maintains and at all times mentioned herein has maintained a course of trade in said Spedal Prostate Package for Home- Treatment in commerce among and between the various States of the United States and in the District of Columbia. Complaint 3,J,F.T.C. PAR. 2. Respondent in the course and conduct of his aforesaid business has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said Special Prostate Package for Home Treatment by the United States mails and various other means in commerce, as commerce is defined by the Federal Trade Commission Act which are likely to induce, directly or indirectly, the purchase of said preparations or package; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said package or preparations by various means for the purpose of inducing, and which are likely to induce, directly or i!ldirectly, the purchase of his said package or preparations in commerce, as commerce is defined by the Federal Trade Commission Act.

Among and typical of the false statements and representations contained in the said advertisements disseminated and caused to be disseminated by respondent, as aforedescribed, are the following: SPECIAL PROSTATE PACKAGE FOB HOME TREATMENT Recommended by J. R. Middlebrook, M. D.

So many of my prospective patients who su:ller from kidney, bladder, rectal, and prostate gland trouble, have written to me saying that either because of lack of funds or other personal reasons, that they are unable to come at this time, and have asked me to recommend some~ of the medicine which I use for them to take at home until they can make the trip to Del Rio for complete treatment. It may be that you are in a similar condition. I have prepared what I call the "Prostate Package" which Is recommended for the relief of kidney, bladder, rectal, and especially the diseases of the prostate gland. It consists of three kinds of medicine to be taken both Internally and applied through the rectum, thereby getting this medicine into the gland direct and also letting the gland tissues absorb medicine through and into the gland, which relieves the pain, soothes and heals the 'affected parts: This treatment is designed to help clear the infection and inflammation from the kidneys, bladder, rectum, and prostate and give relief from pain and discomforts of these diseases.

The' price of this package complete is $5.00 postage prepaid. I assure you that the highest quality ingredients only are used because I want you to be a patient who wlll be satisfied.

THIS PACKAGE SOLD UNDER A MONEY BACK GUARANTEE Because this treatment has proven so successful, we are able to sell this ·remedy so that if it does not help you after you have given it a fair trial, and you return the unused portion of the medicine in good condition, we wlll refund your money .on the amount of medicine which is not used. I believe you will agree that this is a fair way in which to deal. You stand a very small chance to lose anything, and you have everything to gain, Order your package today.

MIDDLEBROOK HOSPITAL AND CLINIC 339 835 Complaint ~------------------------------Order Blank-------------------------------- 'lhe Middlebrook Hospital and Clinic, Del Rio, Texas.

I enclose $5.00 for your prostate package containing a forty--day treatment for the prostate gland. (If you send cash, you do so at your own risk. C. 0. D. if convenient.) ------------------------------• (Your address) Some of respondent's above adve.rtisements contain the following 17variations ot' paragraphs 2 and 4 quoted above: I have prepared a home treatment which consists of three kinds of medicine to be taken both internally and by application through the rectum. Tbe medicine to be taken internally is one of the best urinary antiseptics, whlcb Is designed to help clear the infection and Inflammation from the kidneys, bladder, prostate, and urethral canal, while the medicine used by application through the rectum is absorbed through and into the gland relieves the pain and soothes the in· flamed parts. • • • By buying In quantities of ten thousand lots, I have been able to hold the Drlce of this special package down to $5.00, postage prepaid. I assure you that the highest quality Ingredients only are used, because I want you to be a satls· fied patient also.

• • • The price of this package complete Is $i.50, but as an Introductory otter to You, I can send it postpaid for only $5. I assure you that only the highest quality ingredients are used because I want you to be a satisfied patient of mine. On the reverse side of many of respondent's Raid advertisements appear testimonials from persons allegedly recommending the purchase and use of respondent's said Special Prostate Package for Home Treatment, while other of respondent's said advertisements similarly contain requests by respondent for the names and addresses of men believed to have prostate or rectal troubles, and offering the forwarder a $10 credit on medical services to be rendered in Del Rio upon the furnishing of such names and addresses. . PAR. 3. Through the use of the statements and representations hereinabove set forth and other statements and representations similar thereto, not specifically se,t out herein, all of which purport to be descriptive of the therapeutic properties of the preparations contained in respondent's "Special Prostate Package for Home Treatment," respondent represents, directly and by implication, that said. preparations relieve pain and soothe and heal affected parts involved in kidney, bladder, and rectal diseases, and diseases o:f the prostate gland; that "Methenamine (7% Grains)" is one o:f the best urinary antiseptic treatments for cleansing infections and inflammation from Complaint 34F.T.C.

the kidneys, bladder, and prostate and urethral canal; that said preparation, "Special Formula No. 17831,'' when applied through the rectum medicates or "gets into" prostate gland in sufficient quantities by absorption through the tissues to be effective; and that the price of respopdent's said package of preparations is normally $7.50 but that it is offered for sale and sold at a special introductory price of $5. PAR. 4. The foregoing statements and advertisements of the re· spondent are grossly exaggerated, false, and misleading. In truth and in fact, the preparations, contained in respondent's said Special Prostate Package for Home Treatment wfll not relieve pain and soothe and heal affected parts involved in kidney, bladdert and rectal diseasest and diseases of the prostate gland. Said prepa· ration, "Methenamine (7¥2 Grains)," is not one of the best urinary antiseptics for cleansing infections and inflammations from the kid· neys, bladder, and prostate and urethral canal. Respondentts prepa· ration, "Special Formula No. 17831," when applied through the rectum, will not medicate or "get into" the prostate gland in sufficient quantities by absorption through the tissues to be effective. The usual price of respondent's said "Special Prostate Package for Home Treatment" is not $7.50 but said package is sold generally by respondent for the price of $5. The respondent's so-called introductory offer price of $5 for said "Special Prostate Package for Home Treatment" i& not an introductory price.

Respondent's preparation designated as Calomel, Rhubarb, and Colocynth Compound is limited in its therapeutic effect to the temporary evacuation of the bowels and its use would not constitute an effective treatment for infections or inflammations of the rectum and it is of no therapeutic value in the treatment ·of any infection or inflammation of the· kidneys, bladder, or prostate gland, nor will it relieve the pain and discomfort attending such disorders. Respondent's preparation, ":Methenamine (7¥2 Grains)," although possessing antiseptic qualities, would be effective only when the urine was sufficiently acid to liberate formaldehyde. This product contains no ingredients insuring the constant acidity of the urine and its efficacy in neutral or alkaline urine would be of no significance·. P.AR. :i. The respondent's advertisements disseminated as aforesaid constitute false advertisements for the further reason that they fail to reveal facts material in the light of such representations, or material with respect to consequences which may result from the use of the preparation to which the advertisements relate under the conditions prescribed in said advertisements, or under such conditions as are: customary or usual.

MIDDLEBROOK HOSPITAL AND CLINIC 341 335 Findings In truth and in fact, respondent's preparation "Calomel1 Rhubarb, and Colocynth Compound'' is a cathartic and its use, by one suffering from nausea, vomiting, abdominal pains, or other symptoms ;of appendicitis, is dangerous.

PAR. 6. The use by the respondent o£ the foregoing false, deceptive, and misleading statements and representations, and others of a similar nature disseminated as aforesaid, has had, and now 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 statements, representations, and advertisements are true, and to induce a substantial portion of the purchasing public, because of such mistaken and erroneous belief, to purchase respondent's said "Special Prostate Package for Home Treatment." PAR. 7. The aforesaid acts and practices of respondent, as herein alleged, are all to the prejudice and injury of the public and constitute Unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on July 16, 1941, issued, and on July 19, 1941, served its complaint in this proceeding upon respondent, James R. Middlebrook, M.D., individually and doing business under the name and style o£ the Middlebrook Hospital and Clinic, charging him with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After the issuance o£ 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 aU the material allegations of fact set forth in said complaint and Waiving all intervening procedure and further hearing as to said facts, Which substitute answer was duly filed in the office of the Commission. ·Thereafter, this proceeding regularly came on :for final hearing be:fore. 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 there:from:

FINDINGS AS TO THE FAOI'S PARAGRAPH 1. Respondent, James R. 1\liddlebrook, is a doctor o£ lnedicine doing business under the name and style of the Middlebrook Hospital and Clinic, with offices, hospital, and clinic located in the city of Del Rio, State of Texas.

Findings 34F.T.C.

Respondent is engaged in the surgical and medic'll treatment of diseases and disorders of the prostate gland, and as a method o£ introducing his said medical services to the public respondent has caused and now causes to be distributed through the United States mails various letters, circulars, booklets, physical examination and diagnosis blanks, dietary lists, and other advertising literature wherein respondent describes conditions stated by respondent to give rise to the need for respondent's operations or treatments and which have had and now have the capacity and tendency, to induce prospective patients to travel to respondent's places of business for the obtaining of the same.

Respondent is now and for more than 1 year last past has been fur-' ther engaged in the oifering for sale, sale, and distribution of certain medicinal preparations distributed in a package designated "Special Prostate Package for Home Treatment," containing the following preparations :

(a) "Calomel, Rhubarb and Colocynth Compound," consisting of a. box of two capsules, labeled as follows:

Calomel, Rhubarb and Calocynth Compound- SHARP & DOHYE Take one each night before treatment is started.

Said preparation is compounded of the following drugs: Grains Calomel --------------------------------------------------- 2 Pill Rhubarb Compound------------------------------------- 2 Pill Colocynth Compound---------------------------------- 2 (b) "Special Formula No. 17831," consisting of a box of thirty sup· positories, labeled as follows:

Thirty Suppositories SPECIAL FORMULA No. 17831 Keep in a cool place to avoid softer¥ng Atropine, 1/60 gr. ; Phena'caine llrdrochlorlde, 1/3 gr. ; Tannin, 1 gr.; Nutgall, 1 gr.; Phenol, 1(5 gr.; Zinc Oxide 6 grs.

CAUTION: To be used only by or on the prescription of a physician.

Manufactured for J. R. Middlebrook, l\1, D.

Del Rio, Texas by The Upjohn Company, Kalamazoo, l\Iich.

MIDDLEBROOK HOSPITAL AND CLINIC 343 335 Findings (c) ".Methenamine (7~ Grains)," consisting of a box of tablets, labeled as follows:

:Methenamine (7lfa Grains) · SHARP & DOHME Dissolve one In glass of water, and take 2 times daily, before meals, for 20 days, then one daily until complete.

The above preparations are described and offered for sale by respondent by means of letters, circulars, booklets, and other advertising literature distributed as aforesaid by respondent to prospective patients and purchasers.

Respondent has caused and now causes said Special Prostate Package for Home Treatment when sold to be transported from his offices, hospital, or clinic in the State of Texas to purchasers thereof located in various other States of the United States and in the District of · Columbia.

Respondent maintains and at all times mentioned herein has maintained a course of trade in said Special Prostate Package for Home Treatment in commerce among and between the various States of the United States and in the District of Columbia. PAR. 2. Respondent in the course and conduct of his aforesaid business has disseminated, and is now disseminating, and has caused and is now causing the dissemination of false advertisements concerning his said Special Prostate Package for Home Treatment by the United States mails and various other means in commerce, as commerce is defined by the Federal Trade Commission Act, which are likely to and have induced, directly and indirectly, the purchase of said preparations or package; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said package or preparations by various means for the purpose of inducing and which are likely to nnd have induced, the purchase of his said package or preparations jn commerce, as commerce is defined by the Federal Trade Commission Act.

Among and typical of the false statement and representations contained in the said advertisements disseminated and cau">ed to be disseminated by respondent, as aforedescribed, are the following: SPECIAL PROSTATE PACKAGE FOR HOME TREATMENT Recommended by J. R. Middlebrook, M. D.

So many ot my prospective patients who suffer from Kidney, Bladder, rectal and Prostate Gland trouble, have written to me saying that either because ot lack ot funds or other personal reasons, that they are unable to come at this time, Finqiugs 34 F. T.C. and have asked me to recommend some of the medicine which I use for them to take at home until they can make the trip to Del Rio for complete treatment. It may be that you are In similar condition. , I have prepared what I call the :·Prostate Package" which is recommended for the relief of Kidney, bladder, rectal and especially the diseases of the prostate gland. It consists of three kinds of medicine to be taken both internally and applied through the rectum, thereby getting this medicine into the gland direct and also letting the gland tissues absorb medicine through and into the gland, which relieves the pain, soothes and beals the affected parts. This treatment is designed to help clear the Infection and inflammation from the kidneys, bladder, rectum and prostate and give relief from pain and (Uscomfort of these diseases.

The price of this package complete is $3.00 postage prepaid. I assure you that the highest quality ingredients only are used because I want you to be a patient who will be satisfied.

THIS PACKAGE SOLD pNDER ·A MONEY BACK GUARANTEE Because this treatment has proven so successful, we are able to sell this remedy so that if it does not help you after you have given 1t a fair trial, and you return the unused portion of the medicine In good condition, we will refund your money on the amount of medicine which is not used. I believe you will agree that this ts a fair way tn which to deal. You stand a very small chance to lose anything, and you have everything to gain. Order your package today. . -·---·---~-------- -Order Blank---------------·------ ---· The Middlebrook Hospital and Clinic, Del Rio, Texas.

I enclose $5.00 for your prostate package containing a forty-day treatment for the prostate gland. (If you send cash, you do so at your own risk. 0. 0. D. if convenient.) • · (Your name) (Your address) Some of respondent's above advertisements contain the following variatiops of paragraphs 2 and 4 quoted above: I have prepared a home treatment which consists of three kinds of medicine to be taken both Internally and by application through the rectum. The medicine to be taken internally Is one of the best urinary antiseptics, which is designed to help clear the infection and inflammation from the kidneys, bladder, prostate and urethral canal, while the medicine used by application through the rectum is absorbed through and into the gland relieves the pain and soothes the inflamed parts.

• • • By buying in quantities of ten thousand lots, I have been able to hold the price of this special package down to $5.00, postage prepaid. I assure you that the highest quality Ingredients only are used, because I want you to be a satisfied patient also.

• • • MIDI'!LEBROOK HOSPITAL AND CLINIC 345 835 Findings The price of this package complete is $7.50, but us an introductory otfet• to you, I can send 1t postpaid for only $5. I assure you that only the higlwst quality ingredients are used because I want you to be a satisfied patient of mine. · On the reverse side of many o£ respondent's said advertisements 1 appear requests by respondent for the names and addresses o£ men . j believed to have prostate or rectal troubles, which said requests further I contain an offer by the respondent to award the forwarder a $10 credit on medical services to be rendered in Del Rio, following the furnishing of such names and addresses by said forwarder. PAR. 3. Respondent through the use of the statements and representations hereinabove set forth ascribes certain therapeutic properties to the preparations contained in respondent's "Special Prostate Package for Home Treatment." Respondent through such statements and representations claims, directly and by implication, that the said preparations will relieve pain and soothe and heal the affected parts involved in kidney, bladder, and rectal diseases, and diseases of the prostate gland; that "Methenamine (7% Grains)" is one of the best urinary antiseptic treatments for cleansing infections_ and inflammation from the kidneys, bladder, and prostate and urethral canal; that said preparation, "Special Formula No. 17831," when applied through the rectum medicates or "gets into" the prostate gland in sufficient quantities by absorption through the tissue to be effective; and that the price of respondent's said package of preparations is normally $7.50 but that it is offered for sale and sold at a special introductory price of $5.

PAR. 4. The foregoing statements and advertisements of the respondent are grossly exaggerated, false, and misleading. In truth and in fact, the preparations contained in respondent's said Special Prostate Package for Home Treatment will not relieve pain and soothe and heal affected parts involved in kidney, bladder, and rectal diseases, and diseases of the pr~state gland. Said preparation "Methenamine (7% Grains),'' is not one of the best urinary antiseptic~ :for cleansing infections and inflammations from the kidneys, bladder, and prostate and urethral canal. Respondent's preparation, ''Special Formula No. 17831," when applied through the rectum, will not medicate or "get into" the prostate gland in sufficient quantities by absorption through the tissues to be effective. The usual price of respondent's said "Special Prostate Package for Home Treatment" is not $7.50 but said package is sold generally by respondent for the price of $5.00. The respondent's so-called introductory offer price of $3.00 for said "Special Prostate Package for Home Treatment'' is not an introductory pnce.

Order 34F.T.O.

Respondent's preparation, "Methenamine (7¥2 Grains)," although possessing antiseptic qualities, would be effective only when the urine was sufficiently acid to liberate formaldehyde. This product contains no ingredient insuring the constant acidity of the urine and its efficacy in neutral or alkaline urine would be of no significance. PAR. 5. The respondent's advertisements disseminated as afore· said constitute false advertisements for the further reason that they fail to reveal facts material in the light of such representations, or material with respect to consequences which may result from the use of the preparation to which the advertisements relate under the conditions prescribed in said advertisements, or under such condi· tions as are customary or usual.

In truth and in fact, respondent's preparation, "Calomel, Rhu· bard, and Colocynth Compound" is a cathartic and its use, by one Buffering from nausea, vomiting, abdominal pains or other symptoms of appendicitis, is dangerous.

PAR. 6. Respondent's use of the foregoing false, deceptive, and misleading statements and representations 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 further had and now has the capacity ani tendency to induce, and does, cause a substantial portion of the purchasing public, because of such mistaken and erroneous belief, to purchase respond· ent's said "Special Prostate Package for Home Treatment" and the preparations therein contained.

CONCLUSION The aforesaid acts and practices of the respondent as herein found are all to the prejudice and injury of the public and con'ititute 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 Commis· sion upon the complaint of the Commission and the substitute answer of the respondent, in which answer respondent admits all the mate· rial allegations of fact set forth in said complaint an:l states that he waives all intervening procedure and further hearing as to said facts, and the Commission having inade its findings as to the facts and its conclusion that said respondent has violated the provisions of the Federal Trade Commission Act.

MIDDLEBROOK HOSPITAL AND CLINIC 347 335 Order It is ordered, That the respondent, James R. Middlebrook, M.D., individually and doing business under the name and style of the Middlebrook Hospital and Clinic, or trading or doing business un- -der any other name or names, his agents, representatives; and employees, directly or through any corporate or any other ·device, in connection with the offering for sale, sale, or distribution of the medicinal preparations designated "Calomel, Rhubarb, and Colocynth Compound," "Special Formula No. 17831" and "Methenamine (7¥2 Grains)," separately or in combination as enclosed in a package designated as "Special Prostate Package :for Home Treatment," or any Preparations of substantially similar composition or possessing substantial similar properties, whether sold under the same names or Under any other names, do forthwith cease and desist from directly or indirectly :

1. Disseminating or causing to be disseminated any advertisement 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: that said preparations separately or in combination will relieve pain or soothe or heal the affected pa1'ts involved in kidney, bladder or rectal diseases, or diseases of the prostate gland; that the preparation "Methenamine (7¥2 Grains)" is one of the best urinary antiseptic treatments for cleansing infection or inflammation from the kidneys, bladder, prostate, or urethral canal; that the preparation designated "Special Formula No. 17831," when applied through the rectum, medicates or penetrates the prostate gland in sufficient quantities by absorption through the tissues to be effective; that the price at which said "Special Prostate Package for Home Treatment" is offered for sale constitutes a special, reduced or introductory price, when such price is in fact the usual and customary price at which said package is offered for sale and sold by respondent in the normal and regular course o£ business; or which advertisement with respect to the preparation "Calomel, Rhubarb, and Colocynth Compound" fails to reveal that said preparation is a cathartic and should not be used by persons suffering from nausea, vomiting, abdominal pains, or other symptoms o£ appendicitis; provided, however, that if the directions for use, whether they appear on the label or in the labeling, or both on the label and in the labeling, contain a warning of the said potential dangers in the use of said preparation, as hereinabove set forth, such advertisement need contain only the cautionary statement: CAUTION, Use ONLY AS DIRECTED. 2. Disseminating or causing to be disseminated any advertisement by any means for the purpose o£ inducing or which is likely to induce, directly or indirectly, the purchase in commerce. as commerce is de- , 348 FEDERAL TRADE COli<IMISSION DECISIONS Order 34F.T. C;

fined in the Federal Trade Commission Act, o£ said preparations, which advertisement contains any o£ the representstions prohibited in paragraph 1 hereof, or which advertisement with respect to said preparation "Calomel, Rhubarb, and Colocynth Compound" fails to reveal the dangerous consequences which may result £rom the use of said preparation, as required in paragraph 1 hereof. It is further ordered, That the respondent shall, within 10 days a£tet service upon him o£ this order, :file with the Commission an interim report in writing, stating whether he intends to comply with this or· der, and if so, the manner and form in which he intends to comply; and that within 60 days after service upon him of this order said respondent shall file ,with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.

GRANT CO. 349 Syllabus