W. A. Houston

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

I:N THE MATTER OF ,V, A. HOUSTON, TRADING.G AS HOUSTON'S MINERAL "WELL COMPLAINT, FINDINGS • .AND ORDER IN REGARD 1'0 THE ALLEGED VIOLATION OF SEC. 5 OF AN .ACT OF CONGRESS APPROVED SEPT, 26, 1914 Docket 1,567. Complaint, Aug. 14, 1941-Decision, June 2, 1942 Where an Individual, engaged In Interstate sale and distribution of a mineral water; by means of advertisements In newspapers and other periodicals, and by circular letters, pamphlets, and other advertising literature, directly and by implication- (a) Represented that his said "Houston's 1\'Ilneral Water" constituted an effec· tive treatment for and control of diabetes, use of which would enable person suffering therefrom to discontinue use of insulin; The facts being his said water bad no therapeutic value whatever in the treatment or control of said condition, and contained no ingredient which could In any way supply a deficiency of insulin, the only treatment for diabetes known to modern medicine; while use thereof by a I!Ufferer wouid be exceed- Ingly dangerous In that failure or delay in supplying insulin might Increase the severity of the condition and result in diabetic coma or death; (b) Represented falsely that hls said mineral water was an effective treatment for disorders of the kidneys, kidney stones, and gall bladder disorders ; When, In fact, lt had no therapeutic value in treatment thereof, and Its use In the large quantities recommended might be definitely harmful where a dropsical condition existed, In aggravating It to the point where circulation was impeded, with possibly fatal results:

(c) Represented that Its said water was an effective treatment for stomach disorders, Indigestion, and ulcerated stomach; The facts being It had no therapeutic value for such purposes and, as respects last named condition, lacked sufficient sodium, calcium, and magnesia to neutralize the acid of the stomach juices;

(d) Represented that said water was an effective treatment for high blood pressure, general run-down condition and ailments ot the prostate gland, aided In building up the blood, and would restore health and supply most of the minerals required by the body to sustain good health; The facts being It contained no minerals In quantities sufficient to build up the blood nr benefit any general run-down condition, and no ingredient which would have any therapeutic effect upon the prostate gland; and use thereof would not restore health or supply needed minerals, and it had no greater therapeutic value than ordinary potable water: and (e) Rrpresented directly that his said water contained various minerals in quantities sufficient to be effective In the treatment ot a large number of diseases, allments, and conditions, listed with the minerals required theretor In parallel columns;

When In fact the minerals contained in said water were In too minute quantities to be of any therapeutic value;

With tendency and capacity of causing purchasing public to believe said water possessed therapeutic properties and values which it did not possess, there- HOUSTON'S MINERAL WELL 1293 1292 ' Complaint by inducing 1t to purchase substantial quantities thereof because of such :mistaken belief :

lleld, 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.

Before Mr. James A. Purcell, trial examiner. Mr. J. V. Buffington, Mr. D. 0. Daniel and Mr. Oa:rrel F. Rhodea for the Commission.

Mr. Forrest Andrews, of Knoxville, Tenn., 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 W. A. Houston, individually and trading under the name Houston's Mineral Well, 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 in the public interest, hereby issues its complaint, stating its charges in that respect as follows: PARAGnAPH 1. Respondent, \V. A. Houston, is an individual, trading Under the name Houston's Mineral 'Well, with his principal places of business located at New Market, Tenn. Said respondent is now, and ior more than 1 year last past has been, engaged in the sale and distribution of a mineral water, so-called, intended for use in the treatlllent of certain ailments of the human body. PAR. 2. Respondent has caused and now causes said water, when sold, to be transported from his place of business. in the State of Tennessee 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 his said products in commerce among and between the various States of the United States and in the District of Columbia. PAR. 3. In the course and conduct of his aforesaid business, the respondent has disseminated and is now disseminating, and has cau~ed ~nd is now causing the dissemination of, false advertisements conc~rn­ lllg his said product by the United States mails and by various other llleans in commerce, as commerce is defined in the Federal Trade Comn1ission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing~ the dissemination of, false advertisements concerning~his said product, by various means, for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of his said product in commerce, as comlnerce is defined in th~ Federal Trade Commission Act. Complaint ' 34F.T.C.

Among, and typical of, the false, misleading, and deceptive stat~­ ments and representations contained in said false advertisements, dise;eminated and caused to be disseminated, as hereinabove set forth, by the United States mails, by advertisements in newspapers and other !Jeriodicals, and by circular letters, pamphlets, and other advertising lrterature distributed among purchasers and prospective purchasers, are the following:

ATTENTION DIABETICS I LEARN how to control diabetes in your own home. No need to use a needle. Write for news of this most marvelous discovery today! At NO COST TO YOU. DIABETICS It costs you nothing to learn how to control diabetes in your own home with· out needle. Information on request.

REBUILD YOUR HEALTH WITH NATURES MINERAL WATER. I have a Mineral Water that will stop Diabetes. Hou!'ton's Mineral Water is a Natural Mineral Water. I know it wlll stop Sugar Diabetes.

DO YOU SUFFER FROM DIABETES-Thousands of persons are suffering from this most dreaded disease. It you are one of the many, try drinking this wonderful-water. We can furnish yon copies of testimonials as to this water in the treatment of Diabetes. KIDNEYS-The kitlneys are one of the most Important organs of the human system; they throw olf and eliminate the impurities that have gathered in your system; thry do their work with water. Houston's Mineral Water helps the kl<lneys do their work.

KIDNEY STONES-If you are one who suffers from kidney stones, give this wRtet· a trial. We feel that you, too, should be benefited as others have. Also GALL BLADDER.

STOMACH-In the case of stomach disorder, and ULCERED STOMACH, people whu drink the water for these ailments report benefited in a short period of time.

. BLOOD BUILDING-Houston's Mineral Water is an aid In building up the blood. It gives you the minerals needed to build the blood. Indigestion-If you suffer from this common aliment, give this water a trial. You will notice improvement in a short period of time. Prostate Trouble-We find that this water in the treatment of prostate trouble is wonderful. It yuu suffer from this ailment try the water a short period of time and notice improvement.

High Blood Pt·essure-It you suffer from this ailment we feel that it is caused from the kidneys and the condition of your blood. This water has benefited many who have suffered from this ailment. General Run-Down Condition-That simply means down and out 1f you are in that state of health. Why not try this mineral water just ns in all cases. Drink it Instead of your regular drinking .water. So as to obtain the required minerals tor the body, the easiest and most satisfactory way Is to drink Houston's Mineral Water, while'lt contains tbe majority of the minerals required by the buman body to sustain good health. HOUSTON'S MINERAL WELL 1295 Complaint PAR. 4. Through the use of the aforesaid representations, and others similar thereto not specifically set out herein, the respondent has represented, and now represents, directly and by implication, that his said water constitutes an effective treatment for the control of diabetes; that its use will enable a person suffering irom diabetes to discontinue the use of insulin, and that it will f'top sugar diabetes; that said water is an effective treatment for disqrders of the kidney, kidney stones, indigestion, gall blad.der, ailments of the prostate gl~nd, high blood pressure, ulcered stomach, other stomach disorders and general run-down condition of the body; and that it a.ids in building up the blood and will rebuild health, and that it is a mineral Water and contains a majority of the minerals required or needed by the. body to sustain good health.

PAR. 5. The aforesaid representations are grossly exaggerated, false and misleading, and constitute false advertiseme11ts. In truth and in fact, respondent's said :water is not an effective treatment for or control of diabetes. It will not enable a person suffering from diabetes to discontinue the use of insulin in the treat- Inent of said disease, and will not stop sugar diabetes. Respondent's said water is not an effective treatment for disorders of the kidney, kidney stones, indigestion, gall bladder, ailments of the prostate gland, high b-lood pressure, ulcered stomach, or even any other stomach disorder or general run-down conditim of tbe body. It Will not aid in the building up of the blood, and it will not rebuild health. Said water contains minerals in such insignificant amounts that it may not properly be termed a mineral water. It does not contain a majority of the minerals required or r.:.needed for the sustaining of good health. Said water is of no therapeutic value in excess of ordinary potable water.

PAR. 6. Respondent's advertisements disseminated as .doresaid are false and misleading for the further reason that they bil 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, or under such conditions as are scribed in said advertisements, or under such conditions as are cuscustomary or usual.

In truth and in fact, respondent's advertisements fail to reveal that the only treatment for diabetes which has bef!n q,accepted by the Inedical profe>-sion consists in the use of insulin and the regulation of diet. If the accepted treatment for insulin is carefully followed, a diabetic person may live out his normal life expectancy. On the other hand, if a diabetic person is induced by false and misleading Findings 34F.T.O.

advertisements, or otherwise, to abandon: the accepted treatment, or fail to take advantage thereof, and to take in place of said accepted treatment respondent's so-called mineral water, he may expect to meet an untimely death.

l, AR. 7. The use by the respondent of the aforesaid false and misleading advertisements has had, and now has, the tendency and capacity to, and does, cause a .substantial portion of the purchasing public to believe the respondent's said water possesses therapeutic properties and values which it does not in fact possess, and has h!td, and nqw has, the tendency and capacity to, and does, induce the purchasing public to purchase substantial quantities of said water as a result of such mistaken and erroneous belief. PAR. 8. The acts and practices of the respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.. REPORT, FINDINGS As TO THE Facts, AND Onder Pursuant to the provisions of the Federal Trade Commission Act! the Federal Trade Commission on August 14, 1941, issued and subsequently served its complaint upon the respondent, ,V, A. Houston, individually, and trading under the name of Houston's Minera:l Well, charging him with the use of unfair and deceptive acts ond practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respondent's answer thereto, testimony and other evidence in support of the allegations of said complaint were introduced by D. C. Daniel, attorney for the Commission, and in opposition to the allegations of the complaint by Forrest Andrews, attorney for the respondent, before James A. Purcell, a trial examiner of the Commission theretofore duly designated by it, and said testimony and other evidence were duly recorded and filed in the office of the Commission. Thereafter, this proceeding regularly came on for final hearing before the Commission on said complaint, the answer thereto, testimony and other evidence, report of the trial examiner upon the evidence, and briefs in support of the complaint and in opposition thereto (oral argument not having been! requested); 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:

HOUSTON'S MINERAL WELL 1297 1292 Fmdings FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, W. A. Houston, is an indiVlaual, trading under the name Houston's Mineral Well, with hie~ principal place of business located at Newmarket in the State of Tennessee. PAR. 2. Respondent is now, and for several years last past has been, engaged in the sale and distribution of a mineral water designated "Houston's Mineral Water" among and between the various States of the Unj.ted States.. Respondent causes said mineral water, When sold, to be transported from his place of business in the State of Tennessee to purchasers thereof located in various other States of the United States. Respondent maintains, and at all times mentioned herein has maintained, a course of trade in said mineral water in commerce among and between the various Stutes of the United States.

PAR. 3. In the course and conduct of his aforesaid business the respondent has disseminated, and has caused the dissemination of, false advertisements concerning his said product by the United States Inails and by various other means in commerce, as "commerce" is defined in the Federal Trade Commission Act; and respondent has also disseminated, and has caused the dissemination o£, false advertisements concerning his said product by various means for the pur- P?se of inducing, and which were likely to induce, directly or in- ~Directly, the purchase of his said product in commerce, as "commerce" ls defined in the Federal Trade Commission Act. Among and typical of the false, misleading, and deceptive state- ~ents and representations contained in said 'false advertisements disseminated and caused to be disseminated, as hereinabove set forth, by United States mails, by advertisements in newspapers and other ~riodicals, and by circular letters, pamphlets, and other advertising hterature, are the. following:

ATTENTION DIABETICS I LEARN how to control diabetes in your own home. NO need to use a needle. Write for news of this most marvelous discovery today 1 AT NO cos·.r To You.

... * * * * ... • DIABETICS It costs you nothing to learn how to control diabetes in your own home with· out needle. request. Information.. on • • • • • • 4661l06m-42-vol. 84-82 Findings 34 F. T. C.

In drinking Houston's Mineral Water you get the essential minerals which go to make up the human body-get a real MINERAL water. Hundreds have been helped back to health by drinking this wonderful water. • ... "' * •. * • DO YOU SUFFER FROM DIABETES-Thousands of persons are suffering from this most dreaded disease. If you are one of the many, try drinking this wonderful water. We can furnish you copies of testimonials as to this water in the treatment ot Diabetes.

KIDNEYS-The kidneys are one of the most important organs of the human system; they throw oft and eliminate the Impurities that have gathered in your system; they do their work with water. Houston's Mineral Water helps the kidneys do their work.

KIDNEY STONES-If you are one who suffers from kidney stones, give this water a trial. We feel that yon, too, should be benefited as others have. .Also GALL BLADDER.

STOlllACH-In the case of stomach disorder, and ULCERED STOlllACH, people who drink the water for these ailments report benefited in a short period of time.

BLOOD BUILDING-Houston's Mineral Water is an aid in building up the blood. It gives you tlle minerals needed to build the blood. Indigestion-It you suffer from this common ailment, give this water a trial. You wlll notice improvement in a short period of time. Prostate Troubl~We find that this water In the treatment of prostate trouble is wonderful. If you suffer from this ailment, try the water a short period of time and notice improvement.

High Blood Pressure~If you suffer from this ailment, we feel that it is caused from the kidneys and the condition of your blood. This water has benefited many who have suffered from this ailment.

General Run-Down Condition-That simply means down and out if you are in that state of health. Why not try this mineral water just as in all cases. Drink it instead of your regular drinking water. So as to obtain the required minerals for the body, the easiest and most satisfactory way is to drink Houston's Mineral 'Vater, which contains the majority of the minerals required by the human body to sustain good health . • • • "' • "' REBUILD YOUR HEALTH WITH NATURE'S MINERAL WATER P AB. 4. Through the use of the aforesaid representations, and others similar thereto not specifically set out herein, the respondent has represented, directly and by implication, that his said mineral water constitutes an effective treatment for, and control of, diabetes; that its use will enable a person suffering from diabetes to discontinue the use of insulin; that said mineral water is an effective treatment for disorders of the kidneys, kidney stones, gall bladder disorders, stomach disorders, ulcerated stomach, indigestion, ailments of the • prostate gland, high blood pressure, and general run-down condition HOUSTON'S MINERAL WELL 1299 1292 Findings of the body; that said mineral water aids in building up the blood; and that its use will restore health and supply most of the minerals required by the human body to sustain good health. PAR. 5. Respondent's mineral water contains the following ingredients, as indicated by an analysis of said mineral water set out by respondent in his advertising circulars, copy of which has been received in evidence as Commission Exhibit No. 5: Parts Grains Parts Grains per per per per mlll!on gallon million gallon ~?tbldlty-------------------- none none Sulphate .••. .•• -'"·----. 11.5 .66 I ca ........................ . 9.0 0.52 Chlorine. .••. . 3.0 .17 Jon and Aluminum .••.••. .5 .03 Lithium . . .. .•. trace trace 53.5 3.10 Strontium . .••. trace trace 25.2 1. 46 A~ium iiili:: and Potassium . .• 5.4 • 30 Total . . 260.0 15.8 alinity . 146.0 8.46 The minerals in respondent's mineral water are present in such insignificant amounts that it has no therapeutic value or any bene~cial effect upon any condition of the human body in excess of that which :might be supplied through the use of ordinary drinking water. PAn. 6. The aforesaid representations are grossly exaggerated, false, and misleading, and constitute false advertisements. Respondent's mineral water has no therapeutic value whatever in the treatment or control of diabetes. Diabetes is a disturbance of carbohydrate metabolism in which the blood sugar is elevated to abnor- . Inally high levels due to decrease in the internal secretion of the pancreas, among the most serious complications of which fire acidosis, perforated ulcers of the bowel, and gangrene, often leading to diabetic coma and sometimes death.

The pancreas is a secreting gland which secretes insulin into the blood stream for the handling of carbohydrates through the body. This insulin is produced by certain small structures in the pancreas known as Islands of Langerhans, which are part of the endocrine system of ~he body. Failure of the pancreas to secrete a sufficient amount of Insulin for the purposes of the body results in the condition known as diabetes;. and where there has been deterioration in the pancreas by reason of destruction of all or a part of the Islands of Langerhans, it is necessary that needed insulin be supplied artificially. There are various degrees of diabetes, depending upon the extent of the deterioration of the pancreas or its ability to function. In mild cases the condition can usually be controlled by diet. However, when the extent of the destruction of the Islands of Langerhans is such that sufficient insulin cannot be supplied for the needs of the body, Findings 34F.T. C.

there is only one treatment known to modern medicine, which is the artificial supplying of needed insulin. The treatment of diabetes with insulin does not affect the structure of the pancreas or restore the activity of the Islands of Langerhans. Respondent's mineral water preparation contains no ingredient which can in any way supply a deficiency of insulin or have any therapeutic value in the treatment of diabetes.

In addition to being valueless in the treatment of diabetes, the use of this mineral water preparation by a person suffering from diabetes is exceedingly dangerous in that the failure or delay in supplying needed insulin might increase the severity of the diabetic condition and result in diabetic coma or death.

PAR. 7. Respondent's sad mineral water preparation has no thera·peutic value in the treatment of disorders of the kidneys, kidney stones, or disorders of the gall bladder. In certain diseased conditions of the kidneys the water. control of the body is interfered with and the water, instead of passing out through the kidneys, bowels, and skin, begins to pass out through the blood vessels into the tissues of the body, resulting in a dropsical condition. In such circumstances it is necessary to limit the intake of water. The use of respondent's mineral water in the large quantities recommended ndght be definitely harmful where a dropsical condition exists, resulting in aggravating such condition to the point where the circulation cannot carry on, with possible fatal results. PAR. 8. Respondent's mineral water has no therapeutic value in the treatment of stomach disorders, indigestion, or ulcerated stomach. In the case of ulcerated stomach, neutralizing of the acid of the stomach juices is a treatment generally used to heal the ulcer. In order to obtain a sufficient amount of sodium, calcium, and magnesia to accomplish such results through the use of respondent's mineral water would require the intake of approximately a bathtub full daily. PAR. 9. Respondent's mineral water has no value in the treatment of high blood pressure and contains no minerals in quantities sufficient to have any effect in building up the blood. In fact, the minerals in respondent's water which might have any beneficial action on the 'condition of the blood are present in such insignificant amounts that an ingestion of 50 gallons of this water a day would be necessary to secure the required amount of minerals. For the same reason the use of this water will have no beneficial effect upon any general run-down condition of the body. There is no ingredient or property of this water which will have any therapeutic value or beneficial effect upon ailments of the prostate gland. HOUSTON'S MINERAL WELL 1301 1292 Findings The use of respondent's mineral water will not restore health or :SUpply the minerals required or needed for the sustaining of health. It has no greater therapeutic value than that of ordinary potable water.

PAn, 10. In connection with respondent's representation that his lllineral water will supply most of the minerals required or needed by the body to restore and sustain good health, the respondent placed the following statement in his circular disseminated as above de- ·scribed:

MINERALS ARE REQUIRED TO TREAT AILMENTS OF THE HUMAN BODY Through chemistry, the medical authorities have learned that in order to treat the various ailments, we must treat them with the different minerals "Which go to make up our body.

Below is a list of some of the various ailments, also a list containing the -various minerals required ln the treatment of these ailments; allo a list of the minerals our water contains. In this list you will notice that HOUSTON'S MINERAL WATER Is 100% in the various minerals required . .A.ilmenta Minerals required ..Acidity ___________________________ Potassium, Magnesium, Iron, Chlorine . ..Acne ____________________________ Iron, Chlorine, Sodium, Magnesium, Potassium ..

..Apoplexy _________________________ Iron, Calcium, Sodium. Anemia __________________________ Chlorine, Iron, Magnesium, Sodium, Potassium.

Bed .Wetting~-------------------- Potassium, Chlorine, Iron. Blood Bullding ___________________ Calcium, Iron, Sodium, Potassium, Chlorine. Bright's Disease------------------ Potassium, Sodium, Calcium, Chlorine. ·Colitis ___________________________ Potassium, Chlorine, Sodium, :Magnesium. Constipation _____________________ ] 1\Iagnesium, Chlorine, Potassium, Sodium. Cystitis _________________________ Potassium. Diabetes------------------------- Magnesium, Potassium, Calcium, Iron. Diarrhoea----------------------- Magnesium. EpUepsy------------------------· Calcium, Iron, Chlorine, Magnesium. Gun Bladder--------------------- ·chlorine, Iron, Sodium, Potassium, Magnesium.

'Gall Stones----------------------· Magnesium, Iron, Chlorine, Potassium, Sodium.

Indigestion _____________________ Magnesium, Sodium, Potassium, Iron, Chlorine.

Jaundice------------------------- Sodium, Chlorine, Sllicon, Iron, Magnesium, Potassium .

.Jerking In Limbs----------------· Potassium, Slllcon. Liver Enlarged------------------ Iron, Potassium, Silicon, Sodium, Chlorine, Magnesium.

Findings 34F.T.O.

Ailments Minerals required Liver Trouble-------------------- Potassium, Iron, Silicon, Sodium, Chlorine, Magnesium.

Liver Tumors------------------- Chlo1·ine, Iron, Sodium, Silicon, Magnesium. Lumbago _________________________ Calcium, Chlorine, Iron, Sodium, Potassium. Low Blood Pressure ______________ Potassium, Iron, Sodium. Nerve Nourishment--------------· Sodium, Iron. Neuritis--------------------~----· Potassium, Magnesium, Chlorine, Sodium. Stools Bloody-------------------- Iron, Silicon; Potassium, Sodium. Acid Stomach ____________________ Magnesium, Potassium, Chlorine, Iron, Sodium.

Cannot Digest-------------------· Potassium, Sodium, Chlorine. Under Weight_ __________________ Magnesium, Chlorine, Potassium, Sodium. Weakness------------------------ Magnesium, Potassium, Chlorine, Sodium. In This List Houston's Mineral Water Contains the Greater Percent of Minerals Needed.

Ailments Minerals required Arthritis------------------------- Magnesium, Potassium, Silicon, Fluorine, Sotl!um, Chlorine.

Bone Building ___________________ , Calcium, Silicon, Phosphorus. Complexion __________________:,. ___ , Iron, Fluorine, Silicon, Chlorine, Sulphur. Eczema-------------------------· s;ucon, Fluorine, Iodine, Calcium, Chlorine. Gas and Gastritis----~----------· 'l\lagnesium, Potassium, Iron, Sulphur, Silicon.

Goitre ___________________________ . Chlorine, Iodine, Iron, Magnesium, Potassium.

Heart Trouble-------------------· Io11ine, Potassium, Magnesium, Iron, Chlorine, Calcium, Sodium.

Insomnia------------------------ Magnesium, Sodium, Fluorine, Silicon. Kidney Stones------------------- Sodium, Potassium, Chlorine, Silicon, Fluorine.

Kidney Trouble------------------ Sodium, Fluorine, Chlorine. Rheumatism---------------------· Chlorine, Sodium, Manganese, Silicon, Fluorine.

Tumors (Intestinal) ______________ Chlorine, Sodium, Manganese, Silicon, Fluorine.

By means of the above statements the respondent represents that his mineral water contains various' minerals in quantities sufficient to be effective in the treatment of the above-listed diseases and conditions, when in truth and in fact the minerals contained in respondent's mineral water are in such minute quantities that the use of said water has no value in supplying such minerals, and said mineral water has no therapeutic value in the treatment of any of the diseases and conditions above listed.

PAR. 11. The use by the respondent of the aforesaid false and misleading advertisements has the tendency and capacity to cause a substantial portion of the purchasing public to believe the respondent's HOUSTON'& MINERAL WELL 1303 '1202 Order said water possesses therapeutic properties and values which it does not in fact possess, and to induce the purchasing public to purchase substantial quantities of said water as a result of such mistaken and erroneous belief.

CONCLUSION The acts and practices of the respondent, as herein :found, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act.

ORDER TO CEASE AND DESIST ·This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, the answer of the respond- £nt, testimony and other evidence taken before James A. Purcell, ~trial examiner of the Commission theretofore duly designated by it, ln support of the allegations of said complaint and in opposition thereto, report of the trial examiner upon the evidence, and briefs filed in support of the complaint and in opposition thereto; and the Commission having made its findings as to the facts and its con .. elusion that said respondent has violated the provisions of the Federal Trade Commission Act.

It is ordered, That the respondent, W. A. Houston, and .individual t~ading as Houston's Mineral Well, or trading under any other name, his representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of his mineral water known as Houston's Mineral 'Well, or any other preparation of substantially similar composition or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith cease and desist from directly or indir~ctly:

1. Disseiuinating, or causing to be disseminated, any advertisement by means of the United States mails or by any means in commerce as "commerce" is defined in the Federal Trade Commission Act, which advertisement represents, directly or through inference, . (a) That respondent's mineral water has any therapeutic value 111 the treatment or control of diabetes, or that said mineral water ~contains any ingredient which can in any way supply a deficiency of Insulin or enable a person suffering from diabetes to discontinue the use of insulin .

. (b) That respondent's mineral water has any therapeutic value ln the treatment of disorders of the kidneys, kidney stones, disorders 1304 FEDERAL TRADE COMMISSION DECISIONi:5 Order 34F.T.C.

of the gall bladder, stomach disorders, indigestion, ulcerated stomach, or. any general run-down condition of the body. (c) That respondent's mineral water has any value.in the treatment of high blood pressure or that its use will have any effect in building up the blood.

(d) That respondent's mineral water has any therapeutic value or beneficial effect in the treatment of ailments of the prostrate gland.

(e) That the use of respondent's mineral water will restore health or supply any minerals needed for the sustaining of health. (f) That respondent's mineral water contains any minerals in quantities sufficient to hi" of any value in the treatment of acidity, acne, apoplexy, anemia, bed wetting, bright's dlsease, colitis, constipulation, cystitis, diarrhea, epilepsy, jaundico, jerking in limbs, enlarged liver, liver trouble, liver tumors, lumbago, low blood pressure, nerve nourishment, neuritis, bloody stools, acid stomach, inability to digest food, underweight, weakness, arthriti$, bone building, bad complexion, eczema, gas and gastritis, goiter, heart trouble, insomnia, rheumatism, or intestinal tumors. (g) That the respondent's mineral water has any therapuetic value in the treatment of any disease. or condition of the human body in excess of that afforded through the use of ordinary drinking water. 2. Disseminating, or causing to be disseminated, any advertisement by any means, for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase in commerce as "commerce" is defined in the Federal Trade Commission Act, of respond- (:nt's mineral water, which advertisement contains any of the representations prohibited in paragraph 1 hereof and the respective subdivisions thereof.

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

THE THOMAS MANAGEMENT CORPORATION, ET AL. 1305 Syllabus