Roy A. Whipple and Mrs. Ruth Carter Whipple

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IN THE MATTER OF ROY A. WHIPPLE AND MRS. RUTH CARTER WHIPPLE, TRADING AS McFADDEN 3 SISTERS SPRINGS CO~PLAI~T, FI::o\DI~GS, AND ORDER IN REGARD TO THE ALLEGED VIOLATIO~ OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docl<et 49W. Complaint, Apr. 12, 1943-Decision, Nov. 30, 1943 Whet·e two individuals engaged in Interstate sale and distribution of mineral waters; through statements in advertisements, circulars, and other adver· tising material- ( a) Falsely represented that th~ir mineral water from Spring No. 1 was a cure or t·remedy and a competent and effective treatment for arthritis, neuritis, rh~umatism, Bright's disease, diabetes, dropsy, pus in kidney. bladder and urethra, cystitis, enlarged prostate gland paralysis, stones iU kidneys, and other urinary troubles, cliange of life and female irregularities, insomnia, anemia, nervous prostration, high- and low-blood pressure, gout, and hyperacidity; 1 (b) Falsely rept•esented that their mineral water from Spring No. 2 was a cure or remedy and a competent and effective tt·eatment for chronic con· stipation, acute and chronic indigestion, catarrh of stomach and intestines, excessive acid, gastritis, ulcerated stomach, poor assimilation and elimina· tion, stagnant or poor circulation, nervousness, high- or low-blood pressure, gall stones, and mucous colitis;

(c) Falsely represented that the water from Spring No. 3 was a cure or remedy and a competent and effective treatment for flux, diarrhea, dysen· tery, cholera lnfantum, diabetic sores, eczema, granulated and sore eyes, catarrh of head and nose, and sinusitis; and (d) Represented that accumulated wastes in the body form poisons wbicb attack the liver, kidneys, and bladder, resulting In many different aliments, and that their mineral waters were effective in removing such poisons bY flushing process, there!Jy preventing or curing aforesaid ailments; and t}Jat said waters, being alkaline, were effective In the elimination of excess acids and impurities through the kidneys and bladder and that use of tbeiJl would maintain a proper balance of minerals iu the body; The facts being that while waters in question possess a slight alkaline reaction. the amount of alkaline material pt·ovided by their use would not signitl· cantly affect the acid base balance of the. body nnd !Je effedive in eliminating excess acids and impurities;

With effect of deceiving a substantial portion of the purchasing public Into the mistaken belief that said rPpresentatlons were true, and of inducing it by reason, thereof, to purchase substantial quantities of their said products:

Held, That such acts and practices, under the circumstances set forth were. all to the prejuoiee and Injury of the public and constituted unfair nnd de· ceptlve acts and practices fn commerce.

11/r. B. G. lVilson for the Commission.

lllr. Curtis L. Ridgway, of Hot Springs, Ark., for respondents. . McFADDEN 3 SISTERS SPRINGS 625 624 Complaint Coli PLAINT Pursuant to the provisions of the Federal Trade Commission. Act, and by virtue of the authority "\'ested in it by said act, the Federal Trade Commission, having reason to believe that Roy A. Whipple and Mrs. Ruth Carter 'Vhipple, trading as McFadden 3 Sisters Springs, hereinafter referred to as respondents, have violated the Provisions of said act, and it appearing to the Commission that a Proceeding by it in respect thereof 1\ould be to the public interest, hereby issul's its complaint, stating its charges in that respect as follows: · PAnAGn.APII 1. Respondents, Roy A. "Whipple and Mrs. Ruth Carter Whipple, are individuals, trading as McFadden 3 Sisters Springs, With their principal place of business located at Hot Springs National Park, Ark., and their residence and post office address at 170 w· oodland A venue, 'Vinnetka, Ill .

PAR. 2. The respondents are now, and for several years last "past have been, engaged in the business of offering for sale, sale, and distribution of mineral waters under the trade name of McFadden 3 Sisters Springs, in commerce between and among the various Statl's of the United States and in the District of Columbia. Respondents cause their said products, when sold, to be transported from their said place of busi!less in the State of Arkansas to purchasers thereof in various other States of the United States and in the District of Columbia.

Respondents maintain, and at all times mentioned herein have lllaintained, a course of trade in their said products in commerce })be.tw·een and among the various States of the United States and in the _ Istrict of Columbia. · PAR. 3. In the course and conduct of their said business, and for the purpose of inducing the purchase of their said products, the respondents have dissl:'minated, and are now dissl:'minating, and have caused and are now causing the dissemination of, false advl:'rtisements concerning their said products by United States mails and by other llleans in commerce, as "commerce" is defined in the Federal Trade Colllmission Act; and respondents have also disseminated, and are now ca~lsing the dissemination of, false ad,·N-ti~eml:'nts concerning thl:'ir !Said products by various other means for the purpose of inducing and which nre likely to induce, directly or indirectly, the purchase ~! their said products in commerce, as "commerce" is defined in the • ederal Trade Commission Act.

, A.rnong and typical of the false, deceptive, and misleading r:;tate· lllents, representations, and claims contained in said false advertise- Complaint 37F.T.C.

ments, disseminated and caused to be disseminated, as hereinabove set forth, by United States mails, and by means of circulars and other advertising material, are the following:

Spring No.1 Recommended for treatment of Bright's Disease, Diabetes, Dropsy, Pus In Kidney,. Bladder and Urethra, Cystitis, Enlarged Prostate Gland, Paralysis, Stones in Kidneys and other Urinary troubles, Change of Life and Female Irregularities, Insomnia, Anemia, Nervous Prostration and High or Low Blood Pressure, caused from any of the above tr,oubles, Gout, Hyperacidity, etc. Spring No.2 Affords relief In innumberable cases of Chronic Constipation, Acute and Chronic Indigestion, Catarrh of Stomach and Intestines, Excessive .Acid, Gastritis, Ulcerated Stomach, Poor Assimilation and Elimination, Stagnant or Poor Circulation, Nervousness, High or Low Blood Pressure caused ft•om any of the above troubles, Gall Stones, Mucous, Colitis as indicated by countless letters from·users.

Spring No. 3 This water is highly astringent, quite constipating and not recommended for general beverage purposes. Should be used only for Flux, Diarrhea, Dysentery, Cholera Infantum and kindred troubles. Has proved very helpful as tub or sponge bath for diabetic sores and eczema. Used widely :with eye glass for granulated and sore eyes, and with atomizer for catarrh of the bead and nose as well as sinuses.

NOW YOU CAN DRINK ORIGINAL McFADDEN 3 SISTERS SPRINGS NATURAL MINERAL WATER AT HOl\IE l Direct-to-You from Hot Springs Arkansas Ask your physician about drinking water from SPRING NUMBER 1 If one suffers from Arthritis, Neuritis, Rheumatism, Bright's Disease, Diabetes, Dropsy, Pus in Kidney, Bladder· and Urethra, Cystitis, I~nlarged Prostate Gland. Paralysis, Stones In Kidneys, and other Urinary troubles, Change of Life and Female Irregularities, Insomnia, Anemia, Nervous Prm~tratlon and High or Low Blood Pressure, caused from any of the above troubles, Gout, Hyperacidity, etc. Ask your physician about drinkhtgwater from SPRING NUl\IBER 2 if one suffers from Chronic Constipation, Acute and Chronic Indigestion, Catarrh of Stomach and Intestines, Exce~sive Acid, Gastt·itls, Ulcerated Stomach, poor Assimilation and Elimination, Stagnant or Poor Circulation, Nervousness, High or Low mood Pressure caused from any of tbe above troubles, Gull Sto:!IC£1. Mucus Colitis. · .Mc:F ADDEN 3 SISTERS SPRINGS 627 624 Complaint Ask your physician about drinking water from SPRING NUMBER 3 if one suffers !rom Flux, Diarrhea, Dysentery, Cholera IDfantum, or bathing :for Diabetic Sores, Eczema, Graimlated and Sore Eyes, Catarrh of Head and Nose, Sinuses. Not recommended for g€:neral beverage purposes as it is highly astringent and quite constipating. . · Their function is to flush out accumulated wastes which form poisons to attack vital organs, the liver, kidney and bladder. From these poisons many different ailments develop .

.McFadden 3 Sisters Springs Mineral Water being mildly alkaline, aids the elimination of excess acids and impurities through the kidneys and bladder. About 70% of the body is water. The rest are minerals, all o! which, In Yarying proportions, must be present If the vital organs are to remain in good healthy condltlon.

For health, Intake of minerals is absolutely essential and some o! them illUst be obtained dally in order to maintain good health. Some of these nre supplied In the food we eat, but often the amount of minerals taken normnlly are insufficient because of loss through faulty elimination, etc. The proper balance must be maintained. If, by systematic drinking of 1\lcFadden 3 Sisters Springs waters which expert analysis show to contain minerals that are essl'ntial to relieve all organic ailments and to assist these organs to continually "cllck" efficiently, then it Is easy to understand that nature has provided a very Pleasant and effective way to drive out poisons that cat,se so much distress. P .AR. 4. Though the use of foregoing statements and representations and others similar thereto not, specifically set out herein, respondents represent and have represented that their mineral water from Spring No. 1 is a ct~re or remedy and constitutes a competent and effective treatment for arthritis, neuritis, rheumatism, Bright's disease, diabetes, dropsy, pus in kidney, bladder and urethra, cystitis, enlarged prostate gland, paralysis, stones in kidneys and other urinary troubles, change of life and female irregularities, insomnia, anemia, nervo~s prostration, high- and low-blood pressure, gout, and hyperacidity. ' · .That the water from Spring No. 2 is a cure or remedy and con- . Shtlltes a competent and effective treatment for chronic constipation, acute and chronic indigestion, catarrh of stomach and intestines, ex- ~essive acid, gastritis, ulcerated stomach, poor assimilation and elimlnation, stagnant or poor circulation, nervousness, high- or low-blood Pressure, gall stones, and mucous colitis . .That the water from Spring No. 3 is a cure or remedy and con- . stitutes a competent and effective treatment for flux, diarrhea, dysentery, cholera infantum, diabetic sores, eczema, granulated and sore eyes, catarrh of head and nose, and sinusitis. 1' That accumulated wastes in the body from poisons which attack the lV"E.Ir, kidneys, and bladder, resulting in many different ailments nnd Findings 37F.T. C.

that respondents' mineral waters are effective in removing these poisons by flushing process, thereby preventing or curing said ailments; that said waters being alkaline are effective in the elimination ' of excess acids and impurities through the kidneys and bladder and that by the use of said waters a proper balance of minerals can be maintained in the body.

PAR, 5. The foregoing statements and representations disseminated by respondents are false, misleading, and deceptive. In truth and in fact, said mineral waters are not cures or remedies and do not constitute adequate or competent treatments for any of the various ailments, diseases, or conditions set out in paragraph 4 herein. 'Vastes which may accumulate in the system do not ordinarily cause the formation of poisons which attack the liver, kidneys, and bladder. Such poisons as may deveiop from accumulated wastes in the body are not commonly the cause of human ailments. Respondents' waters will have no significant eliminating effect upon poisons in the system by flushing or otherwise. "While said waters pos~ess a slight alkaline reaction, the amount of alkaline material provided to the body by their use will not significantly affect the acid base balance of the body and will not be effective in eliminating excess acids and impurities from the body through the kidneys and bladder, or otherwise. The amounts of v~.trious minerals existing in these· waters are not sufficient to maintain a proper balance of minerals in the body. PAR. 6. The use by the respondents of the foregoing false, deceptive, and misleading statements, has had and nmv 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 said statements and representations are true, and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase substantial quantities of respondents' products.

PAR. 7. The aforesaid acts and practices of respondents, as herein alleged, are all to the prejudice and· injury of the public and constitute unfair and deceptive acts and practic£>s in commerce within the intentand meaning of the Federal Tmde Commission Act. REPORT, FnmiNGs As TO THE FACTs, AND Onder Pursuant to the provisions of the Feueral Trade Commission Act, the Federal Trade Commission on April 12, 1943, issued and there· after served its complaint in this proe£>euing upon respond<>nts, Roy A. 'Vhipple anu Mrs. Ruth Cnrt£>r Whipple, tmuing as l\lcFadden 3 Sisters Springs, charging th£>m with unfair and decgptive acts nnd McFADDEN 3 SISTERS SPRINGS 629 624 Findings practices in commerce in violation of the provisions of said act. On August 16, 1943, the respondents filed their answer, in which answer they admitted all of the material allegations of fact set forth in said complaint and waived all intervening procedure and further hearing as to said facts. Thereafter, the proceeding regularly came on for final hearing before the Commission on the said complaint and the answer thereto, and the Commission having duly considered the matter, anq 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.

FIXDJNGS AS TO THE FACTS PARAGRAPH 1. Respondents, Roy A. "Whipple and l\Irs. Ruth Carter Whipple, are individuals, trading as McFadden 3 Sisters Springs, With their principal place of business located at Hot Springs National Park, Ark., and their residence and post office address at 170 Woodland A venue, 'Vinnetka, Ill.· PAn. 2. The •respondents are now, and for several years last past hu ve been, engaged in the business of offering for sale, sale, and distribution of mineral waters under the trade name of l\IcFadden 3 Sisters Springs, in commerce bet,-rcen and among the various States o·f the United States and in the District of Columbi.a. Respondents cause their said products, when sold, to be transported from their said place of business in the State of Arkansas to l)Urchasers thereof in various other States of the United States and in the District of Columbia.

Respondents maintain, and at all times mentioned herein have maintained, a course of trade in their said products in co:nmerce ~etween and among the various States of the United Stutes and 111 the District of Columbia.

PAn. 3. In the course and conduct of their said business, and for the purpose of inducing the purchase of their said products, the respondents have disseminated, and are now disseminating, and l~ave caused and are now causing the dissemination of, false 1\dverhsements concerning their said products by United States mrils and by other means in commerce, as '~commerce" is defined in the Federal Trade Commission Act; and respondents have also disseminated, and ?re now causing the dissemination of, false advertisements conc~rn­ ~:ng their said products by variolls other m~ans for the purpose of ;nducing and which are likely to induce, directly or indirectly, the l>lH·chase of their said products in commerce, as "commerce" is d('fined in the Federal Trade Commission Act. Findings 37F. T. C.

Among and typical of the false, deceptive, ail<] misleading statements, repr&entations and claims contained in said false advertise~ ments, disseminated and caused to be disseminated, as hereinabove set forth, by Unit~d States mails, and by means of circulars and other advertising material, are the following: Spring No. 1 Recommended for treatment of Bright's Disease, Diabetes, Dropsy, Pus iu Kidney, Bladder and Urethra, Cystitis, Enlarged Prostrate Gland, Paralysis, Stones in Kidneys and other Urinary troubles, Change of Life and Female Irregularities, Insomnia, Anemia, Nervous Prostration and High or Low Blood Pressure, caused from any of the above troubles, Gout, Hyperacidity, etc. Spring No.2 At'l'ords relief in ipnumerable cases of Chronic Constipation, Acute and Chronic Indigestion, Catarrh of Stomach and Intestines, Excessive Acid, Gastritis, Ulcerated Stomach, Poor Assimilation and Elimination, Sta!,'llant or Poor Circulation, Nervousness, IIigh or Low Blood Pressure caused frmn any of the above troubles, Gall Stones, Mucous Colitis as indifated by countless letters from users.

Spring No.3 • This water Is highly astringent, quite constipating and not recommended for general beverage purposes. Should be used only for Flux, Diarrhea, Dysentery, Cholera infantum and kindred troubles. Has proved very helpful as tub or sponge bath for diabetic sores and eczema. Used widely with eye glass for granulated and sore eyes, and with atomizer for catarrh of the head· and nose as well as sinuses.

NOW YOU CAN DRINK ORIGINAL McFADDEN 3 SISTERS SPRINGS NATURAL MINERAL WATER AT IIO:UE I Direct-to-You from Hot Springs Arkansas Ask your physician about drinking water from SPRING NUMBER 1 If one suffers from Arthritis, Neuritis, Rheumatism, Bright's Disease, Diabetes, Dropsy, Pus in Kidney, Bladder and Urethra, Cystitis, Enlarged Prostate Gland, Paralysis, Stones In Kidneys and other Urinary troubles, Change of Life and Female Irregularities, Insomnia, Anemia, Nervous Prostration and Dlgb or Low Blood Pressure, caused from any of the above troubles, Gout, Hyperacidity, etc.

Ask your physician about drinking water from SPRING NU.MBER 2 If one suffers from Chronic Consttpnt!on, Acute and Chronic Indigestion. Catanh of Stomach and Intestines, Excessive Acid, Gastritis, Ulcerated Stomach, poor Assimilation an(l Elimination, Stn.gnnnt 01~. Poor Circulation, McFADDEN 3 SISTERS SPRINGS 631 624 Findings Nervousness, High or Low Blood Pressure caused from any of the above troubles, Gall Stones, Mucous Colitis.

Ask your physician about drinking water from SPRING NUl\IBER 3 it one suffers from Flux, Diarrhea, Dysentery, Cholera Infantum, or bathing for Diabetic Sores, Eczema, Granulated and Sore Eyes, Catarrh of Head and · :Nose, Sinuses. Not recommended for general beverage purposes as it is highly astringent and quite constipating. , Their function is to ftush out accumulated wastes which form poisons to attack vital organs, the liver, kidney and bladder. From these poisons many different ailments develop.

McFadden 3 Sisters Springs Mineral Water being mildly alkaline, aids the elimination of excess acids and impurities through the kidneys and bladder. About 70% of the body is water. The rest are minerals, all of· which, in Varying proportions, must be present It the vital organs are to remain in good healthy condition. , F'or health, intake of miperals is absolutely essential and some of them must be obtained uaily in order to maintain good health. Some of these are Supplied in the food we eat, but often the amount of minerals taken normally are insufficient because of loss through faulty elimination, etc. The proper balance must be maintained. If, by systemtaic drinking of McFadden ·g Sisters Springs waters which expert analysis show to contain minerals that are essential to relieve organic ailments and to assist these organs to continually "Ic ick" efficiently, then it is easy to und~rstand that nature has provided a Very pleasant and effective way to drive out poisons that cause so much distress. P.AR. 4. Through the use of the foregoing statements and representations and others similar thereto not specifically set out herein, respondents represent and have represented that their mineral water from Spring No. 1 is a cure or remedy and constitutes a competent ~~d effective treatment for arthritis, neuritis, rheumatism, Bright's lsease, diabetes, dropsy, pus in kidney, bladder, and urethra, cystitis, en~arged prostate gland, paralysis, stones in kidneys and other ll.r1nary troubles, change of life and female irregularities, insomnia, anemia, nervous prostration, high- and low-blood pressure, gout, and hyperacidity. . t 'I'hat the water from Spring No. 2 is a cure or remedy and consti- Utes a competent and effective treatment for chronic constipation, acute and chronic indigestion, catarrh of stomach and intestines, exc~.ssi~e acid, gastritis, ulcerated stomach, poor assimilation and ~ Itrnnation, stagnant or poor circulation, nervousness, high- or OW-blood pressure, gall stones, and mucous colitis. t''I'hat the water from Spring No. 3 is a cure or remedy and con- : ltutes a competent and effective treatment for flux, diarrhea, dyseneery, cholera infantum, diabetic sores, eczema, granulated and sore Yes, catarrh of head and nose, and sinusitis. Order 37F.T.C.

That accumulated wastes in the body form poisons which attack the liver, kidneys, and bladder, resulting in many different ailments and that respondents' mineral waters are effective in removing these poisons by flushing process, thereby preventing or curing said ail-. ments; that said waters being alkaline are effective in the elimination of excess acids and impurities through the kidneys aud bladder and that by the use of said waters a proper balance of minerals can be maintained in the body.

PAR: 5. The foregoing statements and representations disseminated by respondents are false, misleading, and deceptiv-.,, In truth and in fact, said mineral waters are not cures or remedies and do not constitute adequate or competent treatments for any of the various ail· ments, diseases, or conditions set out in paragraph 4 herein. Respondents' 'yaters will have no significant eliminating effect upon poisons in the system by flushing or otherwise. "While said waters possess a slight alkaline reaction, the amount of alkaline material provided to the body by their use will not significantly affect the acid base balance of the body and will not be effective in eliminating excess acids and impurities from the body through the kidneys and bladder, or otherwise. The amounts of various minerals existing in these waters are not sufficient to maintain a proper balance of minerals in the body.

PAR. 6. The use by the respondent of the foregoing false, decepti-ve, and misleading statements, 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 said statements and representations are true, and to induce a substantial portion of the purchasing public, because of such erroneous an~ mistaken belief, to purchase sustantial quantities of respondents products.

CONCLUSION The aforesaid acts and practices of respondents, as herein foun?' are all to the prejudice and injury of the public and constitute unfttlr and deceptive acts and practices in commerce within the intent and meaning of the Federal 1 Trade Commission Act. ORDER TO CEASE AND DESIST This proceeding havin~ been heard by the Federal Trade Conunis· sion upon the complaint of the Commission and the answer of re!"pond· cnts, in which answer respondents admit all the material allegations of fact set forth in said complaint, and state that they waive all int~r- McFADDEN 3 SISTERS SPRINGS 633 .,624 Order vening procedure and further hearing as to said facts, and the Comll1ission having made its findings as to the facts and conclusion that said respondents have violated the provisions of the Federal Trade Commission Act :

It is ordered, That respondents, Roy A. Whipple and Mrs. Ruth Carter 'Vhipple, trading as McFadden 3 Sisters Springs, or under any other name or names, their representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of McFadden 3 Sisters Springs mineral waters or any other products of substantially similar composition or possessing substantially similar properties, whether sold under the same name or any other name, do forthwith cease and desist from, directly or indirectly:

, 1. Disseminating, or causing to be disseminated, by means of the lJnited States mails, or by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, any advertisement Which represents, directly or through inference: (a) That the product designated as water from Spring No. 1 is a cure or remedy or constitutes an adequate or competent treatment for arthritis, neuritis, rheumatism, Bright's disease, diabetes, dropsy, Pus in kidney, bladder and urethra, cystitis, enlarged prostate gland, Paralysis, stones in kidneys and other urinary troubles, change of life and female irregularities, insomnia, anemia, nervous prostration, high or low blood pressure, gout, or hyperacidity. (b) That the product designated as water from Spring No.2 is a cure or remedy or constitutes an adequate or competent treatment for chronic constipation, acute and chronic indigestion, catarrh of stomach ~n~ intestines, excessive acid, gastritis, ulcerated stomach, poor assimiation and elimination, stagnant or poor circulation, nervousness, high or low blood pressure, gall stones, or mucous colitis. (c) That the product designated as water from Spring No. 3 is a cure or remedy or constitutes an adequate or competent treatment for flux, diarrhea, dysentery, cholera infantum, diabetic sores, eczema, granulated and sore eyes, catarrh of head and nose, or sinusitis. (d) ':that the use of said mineral waters, or any of them, will eliminate poisons from the system to any significant extent. (e) That the use of said mineral waters, or any of them, will be ~~active in eliminating excess acids and impurities through the ldneys and bladder.

t .(f) That the use of said mineral waters, or r.ny of them, will maina1n a proper balance of minerals in the body. ~69637--44----43 Order S7F. T.O.

2. Disseminating, or causing to be disseminated, by any means, any advertisement 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 respondents' prod· ucts, which advertisement contains any o£ the representations pro· hibited in paragraph 1 hereof and the respective subdivisions.thereof. It is further ordered, That the respondents shall, within 60 days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with this order• ..

CHEMICALS OF THE SOUTH, ETC. 635 Syllabus