Consumer Law Library

Leonard Block

Volume 38 · 38 F.T.C. 258

Citation
38 F.T.C. 258
Docket
4865
Complaint
1942-11-03
Decision
1944-04-13
Document type
final order
Case type
consumer protection
Statutes
FTC Act (section 5)
Industry
Medicinal preparations
Outcome
cease and desist
Relief
cease_and_desist; affirmative_disclosure; compliance_reporting
Commission counsel
S. F. Rose
Respondent counsel
Breed, Abbott & Morgan
Source
Original volume PDF
Original PDF
This decision as a PDF

deceptive advertisinghealth claims

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Leonard Block, 38 F.T.C. 258 (1944). Consumer Law Library, https://consumerlawlibrary.org/decisions/v038-0033

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Order status: presumptively_terminable_pre_1995. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

Cites

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IN THE ~LATTER OF LEONARD BLOCK, MELVIN BLOCK AND BETTY ROBERTS, TRADING AS GOLD MEDAL HAARLEM OIL COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 4865. Complaint, Nov. 3, 1942-Decision, Apr. 13, 1944 Where three individuals engaged in the compounding and interstate sale and distribution of their "Gold Medal Haarlem Oil" and "Gold Medal Haarlem Oil Capsules"; by means of advertisements in newspapers and periodicals and by circulars, leaflets, pamphlets and other advertising literature, directly and by implication- Cal Represented that said preparation was a prompt, efficient, safe and harmless treatment for ailments and diseases of the kidneys and bladder, would flush excess waste matters from the former, would keep the blood free therefrom, and from poisons, and acid; was im effective treatment for weak kidneys and irritations of the bladder and would restore them to a healthy state of activity regardless of the underlying cause; and would provide relief from scanty, burning and smarting urine passage and clean out kidneys that had become clogged; and (b) Represented that scanty, burning and smarting urine passage, aches, pains, joint agony, sciatica, neuritis, neuralgia, lumbago, rheumatism, backache, nervousness, leg cramps, getting tip nights, moist palms, puffy eyes, nagging pains, dizzy spells and swollen ankles might be symptomatic of ailments and diseased conditions of the kidneys or bladder which might be treated effectively by it; The facts being that such preparation was an irritant diuretic which was not a remedy or cure for ailments and diseases of the kidneys or bladder irrespective of their cause, and had no therapeutic value in the treatment of diseased or injured kidneys; and conditions above described were not symptomatic of ailments treated successfully by its use; and (c) Failed to reveal facts material in the light of its said representations in that indiscriminate use of said irritant diuretic under prescribed.or usual conditions by persons whose kidneys were injured or diseased might interfere with their proper functioning, and prolonged administration thereof might injure normal kidneys; With effect of misleading a substantial portion of the purchasing public into the erroneous belief that said representations were true and that preparation in question was in all cases safe for use, and with the tendency and capacity to cause such portion of the public to purchase their preparation as a result thereof: Held, That aforesaid 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.

Mr. S. F. Rose for the Commission.

Breed, Abbott & Morgan, of New York City, for respondents. 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 Leonard Block, l\'lelvin Block and Detty Roberts, trading as Gold Medal Haarlem Oil Company, have violated the provisions of said act, and it appearing to the Commission GOLD MEDAL HAARLEM OIL CO. 259 258 Complaint 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: PARAGRAPH 1. Respondents, Leonard Block, Melvin Block, and Betty Roberts, are individuals, trading as Gold Medal Haarlem Oil Company, with their office and principal place of business located at 190 Baldwin Avenue, Jersey City, N.J.

PAR. 2. The respondents are now and have been for more than three years last past engaged in compounding, selling and distributing a certain medicinal preparation •which is variously designated "Gold Medal Haarlem Oil," "Gold Medal Haarlem Oil Capsules" and "Gold Medal," recommended for use in the treatment of various kidney and bladder ailments and diseases. Respondents cause said medicinal preparation, . when sold, to be transported from their aforesaid place of business in the State of New Jersey to purchasers thereof located in 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 preparation in commerce between and among the various States of the United States and in the District of Columbia. PAR. 3. Respondents in the course and conduct of their business aforesaid, have disseminated and are now disseminating, and have caused and are now causing the dissemination of, false advertisements concerning said medicinal preparation by various means, for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of their said preparation in commerce, as commerce is defined in the Federal Trade Commission Act. · Among, and typical of, the false, misleading and deceptive statemen~s and representations contained in said advertisements, disseminated and caused to be disseminated as hereinabove set forth, by the United States mails, by advertisements in newspapers and periodicals and by circulars, leaflets, pamphlets and other advertising literature, are the following: When you can get for 35 cents a safe, efficient and harmless s-timulant and diuretic that should flush from your kidneys the waste matter, poisons and acids that are now doing you harm, why continue to break your restfur sleep by getting up through the night? This tried and true medicine should make you feel better in a few days:-it's an effective diuretic and kidney stimulant that relieves the pains caused by gouty phases of neuritis and rheumatic joint agony when irritated by excess uric acid. Best of all, there's no long waiting for. results with Gold Medal IIaariem Oil Capsules -promptly this effective diuretic and stimulant acts to soothe. bladder irritation and put more healthy vigor into lazy kidneys * * *. STOP GETTING UP NIGHTS AND FEEL HEALTHIER.

Here's one good way to flush excess waste from the kidneys and relieve bladder irritation that often causes scanty, burning and smarting passage. Splendid, safe and harmless diuretic and stimulant for weak kidneys and irritated bladder.

Genuine medicine for weak kidneys.

Put more healthy activity into kidneys and bladder. Keep your blood more free and from waste matter, poisons and acid. Be Healthier, Ha.ppier-Live Longer.

This harmless, tried and true medicine gives results-you should feel better in a few days, as this effective diuretic and kidney stimulant drives excess uric acid from the body which is often the aggravation of joint agony, sciatica and neuritis. Complaint 38 F. T. C.

This grand medicine has· been helping people for 50 years- to relieve their aches and pains by helping conditions caused or aggravated by excess uric acid or other circulating poisons such as is so often the case with sciatica, neuralgia, lumbago and rheumatism. Slow functioning kidneys may and often do cause persistent, stubborn and miserable backache ..

So if you have such symptoms of kidney trouble as backache, nervtlusness, getting up two or three times during the night,--scanty, burning or smarting passage-leg cramps -moist palms or puffy eyes get a 35-cent package of this grand and harmless diuretic at any modern drug store-it starts the first day on its errand of helpfulness. Kidney Trouble Stop Getting Up Nights. To harmlessly flush poisons and acid from kidneys and relieve irritation of bladder so that you can stop "getting up nights" get a 35-cent package of Gold Medal Haarlem Oil Capsules and take as directed. Other symptoms of kidney and bladder weaknesses may be scant, burning or smarting passage-backache -leg cramps-puffy eyes. · ' · When kidneys are clogged they become weak-the bladder is irritated-often passage is scanty and smarts and burns,--sleep is restless and nightly visits to the bathroom are frequent. The right safe, harmless and inexpensive way to stop this trouble and restore healthy action to the kidneys and bladder is to get a box of Gold Medal Ilaarlem Oil Capsules and take as directed-you won't be disappointed. Live a. healthier, happier, longer life.

Those trips to the bathroom in the middle of the night can't do you.any good-can't make you feel any better or look any better-it's a cinch something must be wrong. When you have such sluggish kidney and bladder weakness, help flush out the kidneys of excessive acids and poisons.

. This tried and true medicine should make you feel better in a few days. When your kidneys are overtaxed and your bladder is irritated and passage scanty and often smarts and burns, you may need Gold Medal Haarlem Oil Capsules, a fine .harmless stimulant and diuretic that starts to work at once •.. MEN OVER FORTY WATCH YOUR KIDNEYS. Nagging Pains-Getting Up Nights-Backache May Be Danger Signals. * • * Keep your blood more free from waste matter, poisons and acid by putting more activity into kidneys and bladder and you should live a healthier, happier life. One efficient and harmless way to do this is to get from your druggist a 35 cent box of Gold Medal Haarlem Oil Capsules and take them as directed. . · Kidney-Bladder sufferers Here's A Fine Medicine. For instance, lazy kidneys may make you nervous if they cause you to lose sleep because of getting up frequently at night. Also may cause dizzy spells, backache, leg cramps or swollen ankles.

PAR. 4. 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 respondents' said preparation, respondents represent, directly and by ·implication, that said preparation is a prompt, efficient, safe and harmless treatment for ailments and diseases of the kidneys and bladder; that it will flush excess waste matters from the kidneys, that its use will keep the blood free from waste matters, poisons, and acid; that it is ari effective treatment for weak kidneys and irritations of the bladder and wiu restore kiqneys and bladder to a healthy state of activity regardless of the underlying cause of such kidney and bladder trouble; that it will-provide relief from scanty, burning and smarting' urine passage and will clean out kidneys that have become clogged; that scanty, burn- GOLD MEDAL HAARLEM OIL CO. 261 258 Complaint ing, and smarting urine passage, aches, pains, joint agony, sciatica, neuritis, neuralgia, lumbago, rheumatism, backache, nervousness, leg cramps, getting up nights, moist palms, puffy eyes, nagging pains, dizzy spells and swollen ankles are symptomatic of ailments and diseased conditions of the kidneys or bladder which may be treated effectively by the administration of said preparation; that the human kidneys are lazy, sluggish and slow-functioning organs of the body and require stimulation by the administration of a diuretic; and that said preparation is a remedy or cure for ailments and diseases of the human kidneys and bladder irrespective of the cause or the condition thereof. PAR. 5. The aforesaid statements and representations of the .respondents are grossly exaggerated, false and misleading. In truth and in fact, respondents' said preparation, designated as aforesaid, is not a prompt, efficient, safe and harmless treatment for ailments and diseases of the kidney or bladder. Its use will not flush excess waste matters from the kidneys nor keep the blood free from waste matters, poisons and acids. It is not an effective treatment for weak kidneys or irritations of the bladder nor will its use restore the kidneys and bladder to a state of healthy activity. It will not give relief from scanty, burning and smarting urine passage nor stimulate the functions of the kidneys or clean out kidneys that have become clogged. Conditions described as scanty, burning and smarting urine passage, aches, pains, joint agony, sciatica, . neuritis, neuralgia, lumbago, rheumatism, backache, nervousness, leg cramps, getting up at nights, moist palms, puffy eyes, nagging pains, dizzy spells and swollen ankles are not treated effectively by Gold Medal Haarlem Oil, nor are such conditions symptomatic of ailments or diseased conditions which are treated successfully by the use of such preparation. The human kidneys are not lazy, sluggish, and slow-functioning organs of the body and, in the absence of disease or injury, function properly without aid or stimulation through the administration of a diuretic. Said preparation is not a remedy or cure for ailments and diseases of the human kidneys or bladder irrespective of the cause or the condition thereof. It has· no therapeutic value in the treatment of diseased or injured kidneys. I PAR. 6. The respondents' advertisements, disseminated as ·aforesaid, constitute false advertisements for the further reason that they fail to reveal facts material in the light of the representations contained therein, and fail to reveal that the use of said preparation under the conditions prescribed in said advertisements, or under such conditions as are customary or usual, may result in injury to health. In truth and irr fact, respondents' preparation is an irritant diuretic and its indiscriminate use, by persons whose kidneys are injured and diseased, may seriously interfere with their proper functioning, and prolonged administration may injure kidneys that are normal. PAR. 7. The use by the respondents 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 statements, representations and advertisements are true and to induce a substantial Portion of the purchasing public, because of such mistaken and erroneous belief, to purchase respondents' said preparation. Findings 38 F. T. C.

PAR. 8. The aforesaid acts and practices of the respondents as herein alleged are all to the prejudice and injury of the public and constitute-. unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. REPORT, FINDINGS AS TO THE FACTS, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on the third day of November 1942, issued and thereafter served its complaint in this proceeding upon said respondents, Leonard Block, Melvin Block and Betty Roberts, trading as Gold Medal Haarlem Oil Company, charging them with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. On December 17, 1942, the respondents filed their answer in this proceeding. Thereafter, a stipulation was entered into whereby it was stipulated and agreed that a statement of facts signed and executed by the respondents and Richard P. Whiteley, Assistant Chief Counsel for the Federal Trade Commission, subject to the approval of the Commission, may be taken as the facts in this proceeding and in lieu of testimony in support of the charges stated in the complaint, or in opposition thereto, and that the said Commission may proceed upon said statement of facts to make its report, stating its findings as to the. facts and its conclusion based thereon and enter its order disposing of the proceeding . without the presentation of argument or the filing of briefs. Respondents expressly waived the filing of the Trial Examiner's report upon the evidence.

Thereafter, this proceeding regularly came on for final hearing before the Commission on said complaint, answer and stipulation, said stipulation having been approved, accepted and filed, and the Commission having duly considered the same and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes its findings as to the facts and its conclusion drawn therefrom. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondents, Leonard Block, Melvin Block and Betty Roberts, were at all of the times mentioned in the complaint, individuals, trading as Gold Medal Haarlem Oil Company, with their office and principal place of business located at 190 Baldwin Avenue, Jersey City, N.J. PAR. 2. The respondents are now and have been for more than three years last past engaged in compounding, selling and distributing a certain medicinal preparation which is variously designated "Gold Medal Haarlem Oil" and "Gold Medal Haarlem Oil Capsules." Respondents cause said medicinal preparation, when sold, to be transported from their aforesaid place of business in the State of New Jersey to purchasers thereof located in 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 13aid preparation in commerce between and among~ the various States of the United States. and in the District of Colm;nb1a. . . PAR. 3. Respondents, in the course and conduct of their business aforesaid, have disseminated and are now disseminating, and have caused and are now causing the dissemination of advertisements concerning said GOLD MEDAL HAARLEM OIL CO. 263 medicinal preparation by the United States mails and by various other means, in commerce, as "commerce" is defined in the Federal Trade Commission Act; and the respondents have also disseminated and are now disseminating, and have caused and are now causing the dissemination of, advertisements concerning said medicinal preparation, by various means, for the purpose of inducing and which are likely to induce, directly _or indirectly, the purchase of their said preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the statements and representations contaip.ed in said advertisements, disseminated and caused to be disseminated as hereinabove set forth by the United States mails, by advertisements in newspapers and periodicals and by circulars, leaflets, pamphlets and other advertising literature, are the following:

When you can get for 35 cents a safe, efficient and harmless stimulant and diuretic that should flush from your kidneys the waste matter, poisons and acids that are now doing you harm, why continue to break your restful sleep by getting up through the night? This tried and true medicine should make you feel better in a few days-it's an effective diuretic and kidney stimulant that relieves the pains caused by gouty phases of neuritis and rheumatic joint agony when irritated by excess uric acid. Best of all, there's no long waiting for results with Gold Medal IIaarlem Oil Capsules -promptly this effective diuretic and stimulant act~ to soothe bladder irritation and put more healthy vigor into lazy kidneys * * ' ". STOP GETTING UP NIGHTS AND FEEL HEALTIIIER.

Here's one good way to flush excess waste from the kidneys and relieve bladder irritation that often causes scanty, burning and smarting passage. Splendid, safe and harmless diuretic and stimulant for \Veak kidneys and irritated bladder.

Genuine medicine for weak kidneys.

Put more healthy activity into kidneys and bladder. Keep your blood more free from waste matter, poisons and acid. Be Healthier, Happier-Live Longer.

This harml!lss, tried and true medicine gives results-you should feel better in a few days, as this effective diuretic and kidney stimulant drives excess uric acid from the body which is often the aggravation of joint agony, sciatica and neuritis. This grand medicine has been helping people for 50 years-to relieve their aches and pains by helping conditions caused or aggravated by excess uric acid or other circulating Poisons such as is so often the case with sciatica, neuralgia, lumbago and rheumatism. Slow fun~tioning kidneys may and often do cause persistent, stubborn and miserable backache.

So if you have symptoms of kidney trouble as backache, nervousness, getting up two or three times during the night-scanty, burning or smarting passage-leg crampsmoist palms or puffy eyes get a 35-cent package of this grand and harmless diuretic at any modern drug store-it starts the first day on its errand of helpfulness. Kidney Trouble Stop Getting Up Nights. To harmlessly flush poisons and acid from kidneys and relieve irritation of bladder so that you can stop "getting up nights" get a 35-cent package of Gold Medal Haarlem Oil Capsules and take as directed. Other symptoms of kidney and bladder weaknesses may be scant, burning or smarting passage-backache -leg cramps, puffy eyes. .

When kidneys are clogged they become weak-the bladder is irritated-often passage . is scanty and smarts and burns-sleep is restless and nightly visits to the bathroom are Finqings 38 F. T. C.

frequent. The right safe, harmless and inexpensive way to stop this trouble and restore healthy action to the kidneys and bladder is to get a box of Gold Medal Haarlem Oil Capsules and take as directed-you won't be disappointed. Live a healthier, happier, longer life.

Those trips to the bathroom in the middle of the night can't do you any good-can't make you feel any better or look any better-it's a cinch something must be wrong. When you have such sluggish kidney and bladder weakness, help flush out the kidneys of excessive acids and poisons.

This .tried and true medicine should make you feel better in a few days. When your kidneys are overtaxed and your bladder is irritated and passage scanty and often smarts and burns, you may need Gold Medal Haarlem Oil Capsules, a fine harmless stimulant and diuretic that starts to work at once .•• MEN OVER FORTY WATCH YOUR KIDNEYS. Nagging Pains-Getting Up Nights-Backache May Be Danger Signals. • * • Keep your blood more free from waste matter, poisons and acid by putting more activity into kidn(;)ys and bladder and you should live a healthier, happier life. One efficient and harmless way to do this is to get from your druggist a 35 cent box of Gold Medal Haarlem Oil Capsules and take them as directed.

Kidney-Bladder sufferers Here's A Fine Medicine. For instance, lazy kidneys may make you nervous if they cause you to lose sleep because of getting up frequently at night. Also may cause dizzy spells, backache, leg cramps or swollen ankles.

PAR. 4. Through the use of the statements and representations hereinabove set forth, and other statements and representations similar thereto, not set forth herein, respondents represent, directly and by implication, that said preparation is a prompt, efficient, safe and harmless treatment for ailments and diseases of the kidneys and bladder; that it will flush excess waste matters from the kidneys; that its use will keep the blood free from excess waste matters, poisons, and acid; that it is an effective treatment for weak kidneys and irritations of the bladder and will restore kidneys and bladder to a healthy state of activity regardless of the underlying cause of such kidney and bladder trouble; that it will provide relief from scanty, burning and smarting urine passage and will clean out kidneys that have become clogged; and that scanty, burning and smarting urine passage, aches, pains, joint agony, sciatica, neuritis, neuralgia, lumbago, rheumatism, backa.che, nervousness, leg cramps, getting up nights, moist palms, puffy eyes, nagging pains, dizzy spells and swollen ankles may be symptomatic of ailments and diseased conditions of the kidneys or bladder which may be treated effectively by the administra:. tion of said preparation.

PAR. 5. Respondents' preparation, designated as aforesaid, is an irritant diuretic, and its indiscriminate use by persons whose kidneys are diseased may interfere with their proper functioning, and· prolonged administration may injure kidneys that are normal The use of said preparation as directed will not flush excess waste matters from the kidneys nor keep the blood free from waste matters, poisons and acids. It is not an effective treatment for weak kidneys or irritations of the bladder nor will its use restore the kidneys and bladder to a state of healthy activity. It will not give relief from scanty, burning and smart.. ing urine passage nor stimulate the functions of the kidneys or clean out kidneys that have become clogged. Conditions described as scanty, burning and smarting urine passage, aches, pains, joint agony, sciatica, neuritis, GOLD MEDAL HAARLEM OIL CO. 265 258 Order neuralgia, lumbago, rheumatism, backache, nervousness, leg cramps, get- . ting up at nights, moist palms, puffy eyes, nagging pains, dizzy spells and swollen ankles are not treated effectivdy by Gold Medal Haarlem Oil, nor ' are such conditions symptomatic of ailments or diseased conditions which are treated successfully by the use of such preparation. Said preparation is not a remedy or cure for ailments and diseases of the human kidneys or bladder irrespective of the cause of the condition thereof. It has no therapeutic value in the treatment of diseased or injured kidneys. PAR. 6. The Commission therefore finds that the representations made by respondents with respect to their preparation, as set forth herein, are erroneous and misleading and constitute false advertisements. PAR. 7. Respondents' advertisements constitute false advertisements for the further reason that they fail to reveal facts material in the light of the representations contained therein, and fail to reveal that the use of said preparation under the conditions prescribed in such advertisements or under such conditions as are customary or usual may result in injury to health. Respondents' preparation is an irritant diuretic and its indiscriminate use by persons whose kidneys are injured or diseased may interfere with the proper functioning of the kidneys, and prolonged administration of the preparation may injure kidneys that are normal. , PAR. 8. The use by the respondents of these false advertisements 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 the representations in such advertisements are true and that respondents' preparation is in all cases safe for use, and the tendency and capacity to cause such portion of the public to purchase respondents' preparation as a result of such erroneous and mistaken belief. CONCLUSION The aforesaid acts and practices of the respondents, 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 respondents, and a stipulation as to the facts entered into by the respondents herein and Richard P. Whiteley, Assistant Chief Counsel of the Commission, which provides, among other things, that without further evidence or other Intervening procedure the Commission may issue and serve upon the respondents herein findings as to the facts and conclusion based thereon and an order disposing of the proceeding, and the Commission 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 the respondents, Leonard Block, Melvin Block and Betty Roberts, individually, and trading as Gold Medal Haarlem Oil Company, or trading 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 s~le, sale or distribution of the :medicinal preparation designated "Gold ~cdal Haarlem Oil Capsules," o91546M--46--v~l. 38----20 Order 38 F. T. C.

or any other medicinal preparation composed of substantially similar . ingredients or possessing substantially similar properties, whether sold · under the same name or under any other name or names, do forthwith cease and desist from:

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 indirectly, the purchase in such commerce of said medicinal preparation, which advertisement- 1. Represents, directly or through inference, that said preparation- (a) Is safe or harmless;

(b) Will flush excess waste matters from the kidneys, or that it will keep the blood free from waste matters, poisons or acids; (c) Is an effective and competent treatment for conditions described as weak kidneys or irritations of the bladder, or that its use will restore the kidneys or bladder to a state of healthy activity; (d) Will give relief from scanty, burning or smarting urine, or that it will stimulate the functions of the kidneys, or clean out kidneys described as having become clogged; / (e) Is an effective treatment for conditions described as scanty, burning and smarting urine passage, aches, pains, joint agony, sciatica, neuritis, neuralgia, lumbago, rheumatism, backache, nervousness, leg cramps, getting up at nights, moist palms, puffy eyes, nagging pains, dizzy spells, or swollen ankles, or that such conditions are symptomatic of ailments or diseased conditions which are treated successfully by the use of said preparation.

(f) Is a remedy or cure for ailments or diseases of the human kidneys or that it has any therapeutic value in the treatment of diseased or injured kidneys.

2. Fails to reveal that the indiscriminate use of said preparation by persons whose kidneys are injured or diseased, may interfere with their proper functioning, and that prolonged administration may injure kidneys that are normal; provided, however, That such advertisements 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. 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.

A. & N •. TRADING CO. INC., ETC. 267 Complaint

← 38 F.T.C. 253 · 38 F.T.C. 267 →