Whiteside, Grant T

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IN THE l\fatter OF GRANT T. ·whiteside, TRADING AS GRANT COMPANY C:COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 4559. Compla-int, July 91, 1941-Decision, Dec. 11, 19~1 "\Vhere an Individual engaged in the interstate sale and distribution of medicinal preparations designated as "Ton Jon No. 1," ''Ton Jon No.2," and ''Ton Jon No. 3" ; by means of advertisements disseminated through the mails and in various other ways, Including purported testimonials containing such exaggerated statements of claimed benefits received from use of said preparations as "No dread of gallstones after suffering 10 years," "Endorses Ton Jon No. 3, as the only treatment In many for prostate trouble.," "Ton Jon worth twenty times the price. Gave lasting relief," "Years of suffering ended," and "Says kidney stones came out like sand.";

"(a) Falsely represented that his said Ton Jon No. 1 was an efl'ectlve treatment for ailments and diseases of the stomach and bowels which would bring com· plete relief from indigestion, pain In the chest and stomach, palpitation, headache, loss of weight or strpngth, nervousness, sleeplessness, and various other conditions and troubles ;

:(b) Falsely represented that said Ton Jon No. 2 was a powerful liver medicine and an effective treatment for ailments and disorders of the liver and gall bladder, which would bring relief from lmpurltie;~ of the blood and other dis· orders, lazy liver, sick headache, biliousness, constipation, dizzy spells, . drowsy feeling, gall stones, high bloo~ pressure and various other troubles; .(c) Represented that his Ton Jon No.8 was an ~ffectlve treatment for ailments and disorders of the kidneys and prostate glands, which would give complete relief from bladder irritations and weakness, dull and sharp pain in the back, stiffness in back and lower Ilmbs, nephritis, diminished sexual power, nervousness, mental depression, sleeplessness, tiredness, low blood pressure and various other conditions and troubles; when in fact such representations were· false and Jt wo.uld not accomplish such or better results in the treatment of prostate gland and kidney disorders·than·any·mt:ldlclne had ever done before; and (d) Failed to reveal that prescribed use of first two cathartic prepnratlonll by one suffering from nausea, vomiting, abdominal pains or other symptoms of appendicitis was dangerous;

'With effect of misleading a substantial portion of the purchasing public into the erroneous belief that such false representations were true and of thereby inducing purchase by it of the preparations ln question: Held, That such acts and practices, as above set forth, were all to the prejudice and injury of the public and constituted unfair and deceptive acts and practices 1n commerce.

llfr. S. F. Rose for the Commission.

N{Ljh & Donnelly, of lVashington, D. C., for respondent. Complaint 34F.T.O.

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 Grant T. Whiteside, individually and doing business under the name and style of Grant Co., hereinafter referred to as respondent, has violated the provisions of said act, and it appearing to the Commission that a proceeding by it in respect thereof would be to the public interest, hereby issues its complaint, stating its charges in that respect as follows: PARAGRAPH 1. Respondent, Grant T. Whiteside, is an individual, trading and doing business under the name of Grant Co., with his office and principal place of business located in the city of Sabina, State of Ohio.

Respondent is now and for more than one year last past has been engaged in the preparation, offering for sale, sale, and distribution, of certain medicinal preparations designated as "Ton Jon No. 1," "Ton Jon No.2," and "Ton Jon No.3."

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 medicinal preparations designated "Ton Jon No. 1," "Ton Jon No. 2" and "Ton Jon No. 3" by the United States mails and by various means in commerce, as ~commerce is defined by the Federal Trade Commission Act, which are likely to induce, directly or indi~ rectly, the purchase of said preparations. The respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning his said preparations by various means for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of said preparations in commerce, as commerce is defined by the Federal Trade Commission Act.

Among and typical of the false representations contained in said advertisements disseminated and caused to be disseminated by respondent, as aforesaid, are the following:

WIIAT IT WILL DO Ton Jon gets at the seat of common afflictions by aiding nature In throwing ott toxic poisons, thus your nervousness and rheumatic aches and pain wlll disappear, you wlll feel full of pep like you never felt before In your life. So, If you are run down and any of the common ailments named above are ruining your lifeit would certainly be a mistake not to get Ton Jon and take lt. GRANT CO. 351 349 Complaint WHAT TON JON NO. 1 WILL DO- STOMACH AND BOWELS Ton Jon No. 1 will aid nature in throwing o:lt poisons that foster stomach trouble, bringing complete relief from Indigestion, gas, bloat feeling like a rock In stomach, dyspepsia, pain in the chest and stomach, wild heart palpitation, awful headach~s,: loss of weight and· str~ngth,! sour stomach, cramps, spitting llp bits .of foods and sour liquids, acid rising and belching and all-gone; tired feeling. It will give you an appetite like you never had before in your life. Ton Jon No. 1 will cleanse your bowels. (not drastic or severe) asi they were never cleansed before, producing proper elimination, giving them a daily natural action, thus cleansing and toning your blood, giving the nerves a new tingle. WHAT TON JON NO. 2 WILL Do- LIVER-GALL BLADDER Ton Jon No.2 will wake up that lazy liver, frequently clearing out impurities that may have contaminated your blpod and Inner organs for a long time, bringing relief from sick headaches that may last for days, attacks of biliousness, constipation, dizzy spells, lazy spells, drowsy tired feeling, relieving such embarrassing conditions as foul breath, unsightly complexion, sallowness or muddiness, and will in place give you a glowing complexion, one which the highest cosmetics cannot equal. 'Wilen the liver bile falls to flow or food backs up into the stomach, causing pain and distress like stomach trouble. This bile must tlow to prevent gallstones. Ton Jon No. 2 is a powerful liver medicine with double quick action on the bowels.

WHAT TON JON NO. 3 WILL Do- KIDNEYS-PROSTATE This treatment aids nature by flushing out the impurities, glvlng complete relief from bladder itritatlon and weakness, dull and sharp pains in the back, Stiffness, dull and lower limbs, frequent getting up during the night, dizziness, spots before the eyes, swelling of the feet and ·lower limbs, puffs and dark circles beneath the eyes. Ton Jon No. 3 is nature's favorite means of correcting: Prostatitis-inflammation of the prostate gland, the small organ surrounding the bladder.

• • • So If you want relief from long-time suffering bring in the coupon below. No matter what your ailment may be or how many medicines you have tried, be sure to read this offer for your benefit • 011 011• Ton Jon No. 1. Stomach- Ton Jrm No. II?. Liver Ton Jcm No.3 Bowels Lazy Liver. Bladder Irritation. Indigestion. Sick Headaches. lllauder Weakness. Gas. Billousness. Dull and Sharp Pain in Bloat. • Constipation. Back. Dyspepsia. Dizzy Spells. Stifrness in Back and Pain In Chest. Lazy Spells. Lower Limbs. Pain in Stomach. Drowsy, Tired Feeling. Frequent Getting up Heart Palpitation. Foul Breath. Nights. Headaches. Unsightly Complexion. Spots Before Eyes. Loss of Weight. Sallowness or Swelling of the Feet and Loss of Strength. Muddiness. Lower Limbs. Complaint 3-!E'.T.C. Ton Jon No. 1. Stomach· Ton Jon No.2. Liver--Con. Ton Jon No. 3-Coutinued Bowels-Continued Belching. Puffed or Dark Circles Sour Stomach. Acid Rising. Beneath the Eyes. Cramps. Gall Bladder. Nephritis. Spitting Up Food. Gallstones. Cystitis. Sour Liquids. Stagnant Bile. Urethritis. Acid Rising. Bad Blood. Prostatitis. Belching. High-blood Pressure. Sexual Power Weakened. Nervousness. Nervousness Skin Eruptions. Irritability. Bloated Feeling. Mental Depression. Coated Tongue. Forgetfulness. Foul Breath. Melancholia. Sleeplessness. Neurasthenia. Tired Feeling. Pains in the Lower Back. Constlpa tlon. Pain in the Hips and Legs.

Sleeplessness.

Tiredness.

Inability to Stand Work Low Blood Pressure.

Low Temperature.

Pains In Testicles.

Pains In Penis.

Pains in Rectum.

Difficult Bowel Movement.

Dribbling.

Pain in Nape of Neck.

Sudden Urination.

Irritation.

Many of respondent's advertisements have appeared and 'now appear in the form of testimonials allegedly given by users and former users of respondent's products,· accompanied by the photograph of the person purporting to give such testimonial. Such testimonial advertising contained many ;ex.aggerated statements, of ~laimed benefits received from using said medicinal preparations, written in the first person, under prominent introductory headlines. Among and typical of the false statements and representations contained in the headings of said newspaper testimonial advertisements disseminated and caused to be disseminated by the respondent, are the following:

No dread of gallstones after suffering 10 years. Endorses Ton Jon No. 3, as the only treatment in many for prostate trouble. Ton Jon worth twenty times the price. Gave lasting relief. Years of suffering ended.

Says kidney stones came out like sand.

GRANT CO. 353 349 Complaint P Alt. 3. Through the use of the statements and representations hereinabove set forth, and other statements and representations similar thereto, not set forth herein, all of which purport to be descriptive of the therapeutic properties of the preparations "Ton Jon No. 1," "Ton Jon No.2," and "Ton Jon No.3," respondent represents, directly and by implication:

That his preparation designated as "Ton Jon No. 1" is an effective treatment for ailments and diseases of the stomach and bowels which will bring complete relief from indigestion, gas, bloat, dyspepsia, pain in chest, pain in stomach, heart palpitation, headaches, loss of weight, loss of strength, sour stomach, cramps, spitting up food, sour liquids, ncid rising, belching, nervousness, skin eruptions, bloated feeling, coated tongue, foul breath, sleeplessness, tired feeling, and con· stipation.

That his preparation designated as "Ton Jon No.2" is a powerful liver medicine and an effective treatment for ailments and disorders of the liver and gall bladder which will bring relief from impurities of the blood and inner organs of the body, lazy liver, sick headaches, biliousness, constipation, dizzy spells, lazy spells, drowsy, tired feeling, foul breath, unsightly complexion, sallowness or muddiness, belching, acid rising, gall bladder, gallstones, stagnant bile, bad blood, and high-blood pressure.

That his preparation designated as "Ton Jon No.3" is an effective treatment for ailments and disorders of the kidneys and prostrate gland which will give complete relief from bladder irritation, bladder weakness, dull and sharp pain in back, stiffness in back and lower limbs, frequent getting up nights, spots before eyes, swelling of the feet and lower limbs, puffed or dark circles beneath the eyes, nephritis, cystitis, urethritis, prostatitis, sexual power weakened, nervousness, irritability, mental depression, forgetfulness, melancholia, neurasthenia, pains in the lower back, pains in the hips and legs, sleep· lessness, tiredness, inability to stand work, low-blood pressure, low temperature, pains in testicles, pains in penis, pains in rectum, difficult bowel movement, dribbling, pain in nape of neck, sudden urination, irritation.

PAR. 4. The foregoing statements and advertisements of the respondent are grossly exaggerated, false and misleading. In truth and in fact, respondent's preparation designated as "Ton Jon No. 1" is not an effective treatment for ailments and diseases of the stomach and bowels and will not bring ('ffective relief or complete relief from indigestion, gas, bloat, dyspepsia, pain in chest, pain in stomach, heart palpitation, headaches, loss of weight, loss of strength, 466r>06"'-42-vol 84-23 Complaint 34F.T. C.

sour stomach, cramps, spitting up food, sour liquids, acid rising, belching, nervousness, skin eruptions, bloated feeling, coated tongue, foul breath, sleeplessness, tired feeling, and constipation .. In truth and in :fact respondent's preparation designated as "Ton Jon No. 2" is not a powerful liver medicine and an effective treatment for ailments and disorders of the liver and gall bladder and will not bring relief from impurities of the blood and inner organs of the body, lazy liver, sick headaches, biliousness, constipation, dizzy spells, lazy spells, drowsy, tired feeling, foul breath, unsightly complexion, sallowness or muddiness, belching, acid rising, gall bladder, gallstones, stagnant bile, bad blood, high-blood pressure. In truth and in fact respondent's preparation designated as "Ton Jon No.3" is not an' effective treatment for ailments and disorders of the kidneys and prostate gland and will not give effective relief or complete relief from bladder irritation and weakness, dull and sharp pain in back, stiffness in back and lower limbs, frequent getting up nights, spots before eyes, swelling of the :feet and lower limbs, puffed or dark circles beneath the eyes, nephritis, cystitis, urethritis, prostatitis, sexual power weakened, nervousness, irritability, mental depression, forgetfulness, melancholia, neurasthenia, pains in the lower back, pains in the hips and legs, sleeplessness, tiredness, inability to stand work, low-blood pressure, low temperature, pains in testicles, pains in penis, pains in rectum, difficult bowel movement, dribbling, pains in nape of neck, sudden urination, and irritation; and said preparation will not accomplish better results in the treatment of prostate gland and kidney disorders than any medicine has ever done before. · PAR. 5. 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 preparations to which the advertisements relate under the conditions prescribed in said advertisements, or under such conditions as are customary or usual.

In truth and in fact, respondent's preparations designated "Ton Jon No. 1" and "Ton Jon No. 2" are cathartics and their use, by one suffering from nausea, vomiting, abdominal pains or other symptoms of appendicitis, is dangerous.

PAR. 6. The use by the respondent of the foregoing false 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 a substantial portion of the purchasing public into the erroneous and mistaken belief that such false state- GRANT CO. 355 349 Findings lll.ents, 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 preparations. PAR. 7. The aforesaid acts and practices of the respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices 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 31, 1941, issued and thereafter served its complaint in this proceeding upon respondent, Grant 'r. Whiteside, an individual,· trading as Grant Co., charging him With the use of unfair and deceptive acts and practices in commerce in. violation of the provisions of said act. On August 20, 1941, the respondent filed his answer, in which answer he admitted all the material allegations of fact set out in said complaint to be true. In his supplemental answer of September 24, 1941, the respondent Waived all intervening procedure and further hearing as to the facts. Thereafter, the proceeding regularly came on for final hearing before the Commission on the said complaint and the answers thereto, and the Commission, having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public, and makes this its findings as to the facts and its conclusion drawn therefrom:

FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, Grant T. 'Vhiteside, is an individual, trading and doing business under the name of Grant Co., with his office and principal place of business located in the city of Sabina, State of Ohio.

Respondent is now and for more than one year last past has been engaged in the preparation, offering for sale, sale, and distribution of certain medicinal preparations designated as "Ton Jon No. 1," ''Ton Jon No.2," and ~'Ton Jon No.3."

PAR. 2. Respondent, in the course and conduct of his aforesaid busi- ~ess, has disseminated and is now disseminating, and has caused and Is now causing the dissemination of, false advertisements concerning his said medicinal preparations designated "Ton Jon No. 1," "Ton Jon No.2" and "Ton Jon No. 3" by the United States mails and by vari~ ous means in commerce, as commerce is defined by the Federa! Trade Commission Act, which are likely to induce, directly, or indirectly, the 356 FEDERAL TRADE COMMISS,ION DECISIONS Findings 34 F.T.C.

purchase of said preparations. The respondent has also disseminated and is now disseminating, and has caused and is now causing the dis· semination of, false advertisements concerning his said preparations by various means for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of said preparations in commerce, as commerce is defined by the Federal Trade Commission Act.

Among and typical of the false representations contained in said advertisements disseminated and caused to be disseminated by re· spondent, as aforesaid, are the following:

WHAT IT WILL DO Ton Jon gets at the seat of common a:fllictions by aiding nature in throwing ott toxic poisons, thus your nervousness and rheumatic aches and pain will dis· appear, you will feel full of pep like you never felt before in your life. So, if you are run down and any of the common ailments named above are ruining your life it would certainly be a mistake not to get Ton Jon and take it. WHAT TON JON NO. 1 WILL D~ STOMACH AND BOWELS Ton Jan No. 1 wlll aid nature In throwing off poisons that foster stomach'b trouble, bringing complete relief from indigestion, gas, bloat feellng like a rock in stomach, dyspepsia, pain in the chest and stomach, wild heart palpitation, awful headaches, loss of weight and strength, sour stomach, cramps, spitting up bits of foods and sour liquids, acid rising and belching and all-gone, tired feeling. It wm give you an appetite like yau never bad before in your life. Tou Jon. No. 1 wlll cleanse your bowels (not drastic or severe) as they were never cleansed before, producing proper elimination, giving them a daily natural action, thus cleansing and toning your blood, giving the nerves a new tingle. WHAT TON JON NO. 2 WILL DO- LIVER-GALL BLADDER Ton Jon No. 2 will wake up that lazy liver, frequently clearing out impurities that may have contaminated your blood and Inner organs for a long time, bring· ing relief from sick headaches that may last for days, attacks of billousnes::~, constipation, dizzy spells, lazy spells, drowsy tired feeling, relieving such ern· barrassing conditions as foul breath, unsightly complexion, sallowness or mud· diness, and will in place give you a glowing complexion, one which the highest cosmetics cannot equal. When the liver blle fails to :flow or food backs up lntq the stomach, ca11sing pain and distress like stomach trouble. This bile must :flow to prevent gall stones. Ton Jon No. 2 is a powerful liver medicine with double quick action on the bowels.

WHAT TON JON NO. 3 WILL D~ KIDNEYS-PROSTATE This treatment aids nature by :flushing out the Impurities, giving complete relief from bladder Irritation and weakness, dull and sharp pains in the back, GRANT CO. 357 Findings stifllness, dull and lower iimbs, frequent getting up during the night, dizziness, l!l>ots before the eyes, swelling of the feet and lower limbs, puffs and dark circles beneath the eyes. Ton Jon No. 3 is nature's favorite means of correcting: prostatitis-inflammation of the prostate gland, the small organ surrounding the bladder.

• "' • So if you want relief from long-time suffering bring in the coupon below. No matter what your ailment may be or how many medicines you have • trieu, be sure to read this offer for you benefit • • •. Ton Jon No.1 7'on Jon No. f Stomach-Bowels Liver Ton Jon No. S Indigestion. Lazy Liver. Bladder Irritation. Gas. Sick Headaches. Bladder Weakness. Bloat. Biliousness. Dull and Sharp Pain In Dyspepsia. Constipation. Back. Pain In Chest. ·Dizzy Spells. Stiftness in B a c k a n d Pain In Stomach. Lazy Spells. Lower Limbs. lleart Palpitation. Drowsy, Tired Feeling. F r e q u e n t Getting Up. lleadaches. Foul Breath. Nights. Loss of Weight. Unsightly Complexion. Spots Before Eyes. Loss of Strength. Sallowness or Muddiness. Swelling of the Feet and Sour Stomach. Belching. Lower Limbs. Cramps. Acid Rising. Pufted or Dark Circles Be- Spitting Up Food. Gall Bladder. neath the Eyes. Sour Liquids. Gallstones. Nephritis. Acid Rising. Stagnant Bile. Cystitis. Belching. Bad Blood. Urethritis. :Nervousness. High-blood Pressure. Prostatitis. li!kin Eruptions. Sexual Power Weakened. Bloated Feeling. Nervousness. Coated Tongue. Irritability. F'oui Breath. Mental Depression. Sleeplessness. Forgetfulness. Tired Feeling. Melancholia. Constipation. Neurasthenia. Pains in the Lower Back.

Pains In the Rips and Legs.

Sleeplessness.

Tiredness.

Inability to Stand Work.

Low Blood Pressure.

Low Temperature.

Pains in Testicles.

Pains in Penis.

Pains in Rectum.

Difficult Dowell\Iovement.

Dribbling.

Pain in Nape ot Neck.

Sudden Urination Irritation.

Findings 34F.T.C.

Many of respondent's advertisements have appeared and now appear in the form of testimonials allegedly given by users and former users of respondent's products, accompanied by the photograph of the per· son purporting to give such testimonial. Such testimonial advertising contained many exaggerated statements of claimed benefits received from using said medicinal preparations, written in the first person, under prominent introductory headlines.

Among and typical of the false statements and representations con· tained in the headings of said newspaper testimonial advertisements, disseminated and caused to be disseminated by the respondent, are the following:

No dread of gallstones after suffering 10 years. Endorses Ton Jon No. 3, as the only treatment in many for prostate trouble. Ton Jon worth twenty times the price. Gave lasting relief. Years of suffering ended.

Says kidney stones came out like sand.

PAR. 3. Through the use of the statements and representations hereinabove set forth, and other statements and representations similar thereto, not set forth herein, all of which purport to be descriptive of the therapeutic properties of the preparations "Ton Jon No. 1," "Ton Jon No. 2," and "Ton Jon No 3," respondent repre· sents, directly and by implication:

That his preparation designated as "Ton Jon No.1" is an effective treatment for ailments and diseases of the stomach and bowels which will bring complete relief from indigestion, gas, bloat, dyspepsia, pain in chest, pain in stomach, heart palpitation, headaches, loss of weight, loss of strength, sour stomach, cramps, spitting up food, sour liquids, acid rising, belching~ nervousness, skin eruptions, bloated feeling; coated tongue, foul breath, sleepless~ess, tired feeling, and constipation.

That his preparation designated as "Ton Jon. No.2" is a powerful liver medicine and an effective treatment for ailments and disorders of the liver and gall bladder which will bring relief from impurities of the -blood and inner organs of the body, lazy liver, sick headaches, biliousness, constipation, dizzy spells, lazy spells, drowsy, tired feeling, foul breath, unsightly complexion, sallowness or muddiness, belching, acid rising, gall bladder, gallstones, stagnant bile, bad blood, and high-blood pressure.

That his preparation designated as ''Ton Jon No.3" is an effective treatment for ailments and disorders of the kidneys and prostate gland which will give complete relief from bladder irritation, bladder weakness, dull and sharp pain in back, stiffness in back and lower limbs, frequent getting up nights, spots before eyes, swelling of the GRANT CO. 359 Findings feet and lower limbs, puffed or dark circles beneath the eyes, nephritis, cystitis, urethritis, prostatitis; sexual power weakened, ner- "Vousness, irritability, mental depression, forgetfulness, melancholia, neurasthenia, pains in the lower back, pains in the hips and legs, sleeplessness, tiredness, inability to stand work, low-blood pressure, low temperature, pains in testicles, pains in penis, pains in rectum, difficult bowel movement, dribbling, pain in nape of neck, sudden Urination, irritation.

PAn. 4. The foregoing statements and advertisements of the respondent are grossly exaggerated, false, and misleading. In truth and in fact, respondent's preparation designated as "Ton Jon No. 1" is not an effective treament for ailments and diseases of the stomach and bowels and will not bring effective relief or complete relief from indigestion, gas, bloat, dyspepsia, pain in chest, pain in stomach, heart palpitation, headaches, loss of weight, loss of strength, sour stomach, cramps, spitting up food, sour liquids, acid rising, belching, nervousness, skin eruptions, bloated feeling, coated tongue, foul breath, sleeplessness, tired feeling, and constipation. In truth and in fact respondent's preparation designated as "Ton Jon No. 2" is not a powerful liver medicine and an effective treat- Inent for ailments and disorders of the liver and gall bladder and Will not bring relief from impurities of the blood and inner organs of the body, lazy liver, sick headaches, biliousness, constipation, dizzy spells, lazy spells, drowsy., tired feeling, foul breath, unsightly complexion, sallowness or muddiness, belching, acid rising, gall bladder, gallstones, stagnant bile, bad blood, high blood pressure. In truth and in fact respondent's preparation designated as "Ton Jon No. 3" is not an effective treatment for ailments and disorders of the kidneys and prostate gland; will not give effective relief or · complete relief from bladder irritation and weakness, dull and sharp :Pain in back, stiffness in back and lower limbs, frequent getting up nights, spots before eyes, swelling of the feet and lower limbs, puffed or dark citcles beneath the eyes, nephritis, cystitis, urethritis, prostatitis, sexual power weakened, nervousness, irritabilityt mental de- Pression, forgetfulness, melancholia, neurasthenia, pains in the lower back, pains in the hips and legs, sleeplessness, tiredness, inability to stand work, low blood pressure, low temperature, pains in testicles, Pains in penis, pains -in rectum, difficult bowel movement, dribbling, Pain in nape of neck, sudden urination, and irritation; and said Preparation will not accomplish better results in the treatment of Prostate gland and kidney disorders than an.v medicine has ever done before.

Order 34F.T. C.

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 preparations to which the advertisements relate under the conditions prescribed in said advertisements, or under such conditions as are customary or usual.

In truth and in fact, respondent's preparations designated "Ton Jon No. 1" and "Ton Jon No. 2" are cathartics and their use, by one suffering from nausea, vomiting, abdominal pains, or other symptoms of appendicitis, is dangerous.

PAR. 6." The use by the respondent of the foregoing false and mis-. leading statements and representations, and others of similar nature, disseminated as aforesaid, has had, and now has, the tendency and capacity to, and does, mislead a substantial portion of the purchasing public into the erroneous and mistaken belief that such false state· ments, representations and advertisements are true, and to induce a substantial portion of the purchasing public, because of such mis· taken and erroneous belief, to purchase respondent's said preparations. CONCLUSION The aforesaid acts and practices o:f the respondent, as herein found, are all to the prejudice and injury o:f the public and constitute unfair and deceptive acts and practices within the intent and meaning of the Federal Trade Commission Act. · ORDER TO OEASE AND DESIST This proceeding having been heard by the Federal Trade Com· mission upon the complaint of the Commission and the answer of the respondent, in which answers respondent admits all of the ma· terial allegations of fact set forth in said complaint and states that he waives all intervening procedure and further hearing as to said facts, and the Commission having made its findings as to the facts and con· elusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, Grant T. Whiteside, individually, and trading as Grant Co., or trading under any other name or names, his agents and employees, directly or through any corporate or other. device, in connection with the offering :for sale, sale, and distribution of the medicinal preparations designated as hereinafter set forth, or any other medicinal preparations composed of substantially similar· ingredients or possessing substantially similar properties, whether GRANT CO • 361 . 349 Order sold under the same names or any other name or names, do forthwith cease and desist from :

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, or disseminating, or causing to be disseminated, any advertisement by any rneans for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in such commerce of the medicinal Preparation designated as "Ton Jon No. 1," which advertisement- . (A) Represents, directly or through inference, that said preparation- (a) Is an effective treatment for ailments and diseases of the stomach and bowels.

(b) Will bring effective relief or complete relief from indigestion, gas, bloat, dyspepsia, pain in chest, pain in stomach, heart palpitation, headache, loss of weight, loss of strength, sour stomach, cramps, spitting up food, sour liquias, acid rising, belching, nervousness, skin eruptions, bloated feeling, coated tongue, foul breath, sleeplessness, tired feeling, and constipation.

(B) Fails to reveal that said preparation may be dangerous whi:m . used by persons suffering from nausea, vomiting, abdominal pains, or other symptoms of appendicitis: Provided, however, That such advertisement need contain only the statement, "Caution, use only as directed," if and when the directions for use wherever they appear on the label, in the labeling, or both, contain a warning to the above effect.

2. 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, or disseminating, or causing to be disseminated, any advertis<!ment by any means for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in such commerce of the medicinal ·.Preparation designated as "Ton Jon No.2," which advertisement- (A) Represents, directly or through inference, that said preparation- (a) Is a powerful liver medicine and an effective treatment for ailln.ents and disorders of the liver and gall bladder. (b) 'Vill bring relief fro]ll impurities of the blood and inner organs of the body, lazy liver, sick headache, biliousness, constipation, dizzy spells, lazy spells, drowsy, tired feeling, foul breath, unsightly complexion, sallowness or muddiness, belching, acid rising, gall bladder, gallstones, stagnant bile, bad blood, and high blood pressure. 362 FEDERAL TRADE Commlssion DECISIONS Order 3-! F. T. C. (D) Fails to reveal that said preparation may be dangerous when used by persons suffering from nausea, vomiting, abdominal pains, or other symptoms of appendicitis: Provided, however, That such adver~ tisement need contain only the statement, "Caution, use only as directed," if and when the directions for use wherever they appear on the label, in the labeling, or both, contain a warning to the above effect.

3. 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, or disseminating, or causing to be disseminated, any advertisement by any' means for the purpose of inducing, or which is likely to induce, directly or indirectiy, the purchase in such commerce of the medicinal preparation designated as "Ton Jon No. 3," which advertisement represents, directly or through inference, that said preparation- ( A) Is an effective treatment for ailments and disorders of the kidneys and prostate gland.

(B) Will give effective relief or complete relief from bladder irrita~ tion and weakness, dull and sharp pains in back, stiffness in back and lower limbs, frequent getting up nights, spots before eyes, swelling of the feet and lower limbs, puffed or dark circles beneath the eyes, nephritis, cystitis, urethritis, prostatitis, sexual power weakened, ner~ vousness, irritability, mental depression, forgetfulness, melancholia, neurasthenia, pains in the lower back, pains in the hips and legs, sleep~ lessness, tiredness, inability to stand work, low blood pressure, low temperature, pains in testicles, pains in penis, pains in rectum, difficult bowel.movement, dribbling, pain in nape of neck, sudden urination, and irritation.

(C) Will ·accomplish better results in the "treatment of prostate gland atJ.d kidney disorders than any medicine has ever done before. It is further ordered, That the respondent shall, within 60 days · after the service upon him of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order.

A. S. ALOE CO. 363 Syllabus