D. D. D. Corp

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

IN THE MATI'ER OF D. D. D. CORPORATION JIIODIFIED ORDER TO CEASE AND DESISl' Docket 397~. Order, Jul1f 8, 191:~ Modified order, pursuant to provisions of Section 5 (I) of the Federal Trade Commission Act, and in accordance with decree below referred to, in proceed· lng in question, in which original order issued on April 19, 1941, 32 F. T. c. 1227, 1235, and in which Circuit Court of Appeals for the Seventh Circuit, on February 12, 1942, in D. D. D. Corppration v. Federal Trade Commission, 125 F. (2tl) 671), 34 F. T. C. 1821, rendered its opinion, and on April 4, 1942, issued its decree modifying the aforesaid order of the Commissiot~ in certain particulars and affirming same in other particulars- Requiring respondent, its officers, etc., in connection with. offer, etc., of respondent's "D. D. D. Prescription" or any other substantially similar me· dlcinal preparation, to cease and desist from disseminating, etc., any advertisements, etc., as in said order set fortlt, which represent, directly or through inference, that said prescription is a cure or remedy or has therapeutic value in (•xcess of affording relief from cerluin SYtniltoms for eczema, pimples, or hives, skin disoruers caused by Internal or systemic conditions, blotches or rashes when due to such conditions, and athlete's foot, insect bites, and cases of ivy and onk poisoning; or which, through UAe of words ''and other externally caused skin eruptions;•· etc., Imply that certain diseases and conditions which mny be ot systemic or internal origin are solely of external origin, and that Its said preparation has therapeutic value in the treatment thereof regardless of origin; ot· through use at the words "stops itching," etc., that It will either permanently or temporarily eliminate the disease or condition causing said symptom, or that it has any therapeutic value in excess of that afforded by alleviation thereof, etc., as in order in detail set forth.

Modified ORDER TO CEASE AND DESIST This proceeding coming on for further hearing before the Federal Trade Commission and it appearing that on A.april19, 1941, the Commission made its findings as to the facts herein and concluded therefrom that respondent had violated the provisions of the Federal Trade Commission Act unJ issued and subsequently served its order to cease and desist; and it further appearing that on February 12, 1942, the United States Circuit Court of Appeals for the Seventh Circuit rendered its opinion and on April 4, 1942, issued its decree modifying the aforesaid order of the Commission in certain particulars and affirming said order in other particulars: · Now therefore, Pursuant to the provisions of Subsection (i) ofSection 5 of the Federal Trade Commission Act, the Commission issues D. D .. D. CORP. 47 46 Order this, its modified order to cease and desist in conformity with said decree:

It is ordered, That the respondent, D. D. D. Corporation, its officers, representatives, agents, and employees, directly br through any corporate or other device, in connection with the offering for sale, sale or distribution of its medical preparation, D. D. D. Prescription, 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 indirectly :

· 1. Disseminating, or causing to be disseminated, any advertisement by means of the United States mails, or by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisement represents, directly or through inference: (a) That respondent's preparation D. D. D. Prescription is a cure · or remedy for eczema, or that it has any therapeutic value in the treatlllent thereof in excess of affording relief from the symptom of itching. (b) That respondent's preparation D. D. D. Prescription is tt cure or remedy for pimples or hives, or that it has any therapeutic value in the treatment thereof, in excess of affording relief from the symptom of itching.

(c) That respondent's preparation has any therapeutic value in the treatment of any disorder of the skin caused by internal or systemic conditions, :ln excess of affording relief from the symptoms of itching. (d) That said preparation has ariy therapeutic value in the treatment of blotches or rashes appearing on the skin, when due to systemic or constitutional conditions.

·(e) That respondent's preparation has any therapeutic value in the treatment of athlete's foot, insectbites, and cases of ivy and oak poisoning, in excess of that afforded by the alleviation of the symptom of itching, or that afforded by the use of an antipruritic, astringent, antiseptic, and mildly germicidal agent.

(f) Through the use of the words "and other externally caused skin eruptions," or other words or phrases of similar import or meaning, in connection with diseases or conditions which may be of a systemic or internal origin, that such diseases and conditions are, in fact, solely of external origin or that respondent's preparation has therapeutic value in the treatment of such diseases and conditions regardles.s of their origin. . (g) Through the use of the words "stop itching'' or other words or phrases'of similar import or meaning, that respondent's preparation will either permanently or temporarily eliminate the disease or condition causing the symptom of itching or has any therapeutic value in 48. FEDERAL TRADE COMMISSION DECISIONS Orller 35F. T. C.

excess of that afforded by the alleviation of the symptom of itching~ or that afforded by the use of an a_ntipruritic, astringent, untise:ptic~ and mildly germicidal agent.

2. Disseminnting,·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 said medicinal preparation D. D. D. Prescription, which advertisement ccmtains any of the representations prohibited in Paragraph 1 hereof and the respective subdivisions thereof.

It is fu·rther ordered, That respondent shall within 30 days after the service upon it of this order file with the Commission a report in writing setting forth in detail the manner nnd form in which it has complied with this order.

HARRY M. BITTERMAN, inc., ET AL • 49 • Complaint