Triner Corp., Joseph

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IN THE ~ATTER OF JOSEPH TRINER CORPORATION COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 5227. Complaint, Sept. 28, 1944-Decision, June 27, 1945 Where a corporation engaged in the manufacture and interstate sale and distribution of a medicinal preparation variously designated as "Triner's Bitter Wine," "Triner's Bitter Wine with Vitamin B1" and "Triner's !American Elixer of Bitter Wine"- (a) Falsely represented by radio continuities and through advert.isements in magazines and newspapers, that said preparation was a cure or remedy for stomach disorders, poor appetite, faulty digestion, headache, nervousness, fatigue, and insomnia; and that it cleansed the stomach and intestines and kept the intestines clean, raised the general vitality of the body, and increased the resistance of the body to germs, thereby preventing colds;

When in fact it had no therapeutic value in the treatment of such conditions in excess of providing temporary relief from headaches when due to constipation; and (b) Failed to reveal facts material in the light of its representations and with respect to consequences which might result from use of said preparation under usual or prescribed conditions in that, as a laxative, it was potentially dangerous when taken by one suffering from abdominal pain, nausea or other symptoms of appendicitis; With the effect of misleading and deceiving a substantial portion of the purchasing public into the erroneous belief that said preparation might be used at all times without ill effects, and thereby into the purchase of substantial quantities thereof: Held, That such acts and practices, under the circumstances set forth, were all to the prejudice and injury of the public, and constituted unfair or deceptive acts or practices in commerce.

Mr. Joseph Callaway for the Commission.

Kerner, Jaros & Tittle, of Chicago, Ill., 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 the Joseph Triner Corporation, a corporation, 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: PARAGRAPH 1. Respondent, Joseph Triner Corporation, is a corporation, organized and existing under and by virtue of the laws of the State of Illinois with its principal place of business located at 1333-1345 South Ashland Avenue, Chicago, Ill.

PAR. 2. Respondent is now, and for more than two years last past has been, engaged in the manufacture, sale and distribution of a certain medicinal preparation, variously designated as "Triner's BittedWine," "Triner's Bitter Wine with Vitamin B~" and "Triner's American Elixer of Bitter Wine."

JOSEPH TRINER CORP. 669 668 Complaint In the course and conduct of its business, respondent causes said preparation, when sold, to be transported from its place of business in the State of Illinois to the purchasers thereof located in various ot}ler 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 said preparation among and between the various States of the United States and in the District of Columbia.

PAR. 3. In the course and conduct of its business respondent has disseminated, and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning said preparation by the United States mails and by various other means in commerce as "commerce" is defined in the Federal Trade Commission Act; and respondent has also disseminated, and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning said preparation by various means for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of said preparation in commerce as "commerce" is defined in the Federal Trade Commission Act.

Among and typical of the false, misleading and deceptive statements and representations contained in said false advertisements, disseminated and caused to be disseminated, as hereinabove set forth, by United States mails, by radio continuities and by advertisements inserted in magazines and newspapers are the following:

Triner's Bitter Wine with Vitamin B1 is the surest refuge in stomach troubles. If you have no appetite, faulty digestion, headache, nervousness and that chronic tired feeling, do you know what you need? The answer is simple. Nothing else but Triuer's Bitter Wine with Vitamin B1. This product will straighten you out. It gives a good appetite, aids digestion, influences a heafthy sleep. It promotes healthy sleep because it cleanses the intestines and keeps them clean. Where did I get that cold? It is often difficult to answer this seasonable question. It is better to improve your general disposition and to shut the door against all colds. A persistent cold means that the body is unable to resist the attack of germs. Raise your general vitality by the help of Triner's Bitter Wine which cleanses the stomach, promotes healthy appetite * * * and increases the resistance of your body. PAR. 4. Through the use of the foregoing statements and representations and others of similar import and meaning not specifically set out herein, respondent has represented, and is now representing, that said preparation is a cure or remedy for stomach disorders, poor appetite faulty digestion, headache, nervousness, fatigue and insomnia; that it cleanses the stomach and intestines and keeps the intestines clean; that it raises the general vitality of the body and increases the resistance of the body to germs, thereby preventing colds.

PAR. 5. The foregoing statements and representations are false, deceptive and misleading. Respondent's preparation is not a cure or remedy for stomach disorders, poor appetite, faulty digestion, headache, nervousness, fatigue, or insomnia and has no therapeutic value in the treatment of such conditions in excess of providing temporary relief from headache when due to constipation. It does not cleanse the stomach. \Vhile it has the temporary effect of a la~ative, it does no~ cl~anse the intestines or keep them clean. It does not raise the general v1tahty of the body or increase the resistance of the body to germs. It has no beneficial effect in the prevention of colds.

Findings 40 F. T. C.

PAR. 6. The advertisements disseminated by the respondent, as aforesaid, constitute false advertisements for the further reason that they fail to reveal facts material in the light of such representations or material with respect to the consequences which may result from the use of the preparation to which the advertisements relate under the condition prescribed in said advertisements or under such conditions as are customary and usual. Respondent's preparation is a laxative and is potentially dangerous when taken by one suffering from abdominal pains, nausea, vomiting or other symptoms of appendicitis.

PAR. 7. The use by the respondent of the foregoing false, deceptive and misleading statements and representations, disseminated and caused to be disseminated as aforesaid, 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 such statements and representations are true and that said preparation may be used at all times without ill effects and into the purchase of substantial quantities of said preparation because of such erroneous and mistaken belief. PAR. 8. The aforesaid acts and practices of the respondent, as herein alleged, are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices 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, tbe Federal Trade Commission on September 28, 194-!, issued and subsequently served its complaint in this proceeding upon respondent, Joseph Triner Corporation, a corporation, charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. Respondent ffled its answer admitting all the material allegations of fact set forth in said complaint and waiving all intervening procedure and further hearing as to said facts. Thereafter, this 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 and being fully advised in the premises, makes this its findings as to the facts and its conclusion drawn therefrom. FINDINGS AS TO THE FACTS PARAGRAPH 1. Respondent, Joseph Triner Corporation, is a corporation, organized and existing under and by virtue of the laws of the State of Illinois, with its principal place of business located at 1333-1345 South Ashland Avenue, Chicago, Ill.

PAR. 2. Respondent is now, and for more than two years last past has been, engaged in the manufacture, sale, and distribution of a certain medicinal preparation, variously designated as "Triner's Bitter \\ ine," "Triner's Bitter \\ ine with Vitamin B1," and "Triner's blixir of Bitter Wine." Respondent causes said preparation, when sold, to Le transported from its place of business in the State of Illinois to purchasers thereof located in various other States of the United States and in the District of Columbia, and maintains, and at all times mentioned herein has maintained, a course of trade in said preparation among and Letween the valious States of the United States and in the District of Columbia. JOSEPH TRINER CORP. 671 668 Findings PAR. 3. In the course and conduct of its business, respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning said preparation by the United States mails and by various other means in commerce, as "commerce" is defined in the Federal Trade Commission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning said preparation by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said preparation in commerce, as "commerce" is defined in the Federal Trade Commission Act.

Among and typical of the false, misleading, and deceptive statements and representations contained in said false advertisements disseminated and caused to be disseminated, as hereinabove set forth, by United States mails, by radio continuities, and by advertisements inserted in magazines and newspapers, are the following:

Triner's Bitter Wine with Vitamin B, is the surest refuge in stomach troubles. • • • • • • If you have no appetite, faulty digestion, headache, nervousness and that chronic tired feeling, do you know what you need? The answer is simple. Nothing else but Triner's Bitter Wine with Vitamin B,. This product will straighten you out. * * * * • * It gives a good appetite, aids digestion, influences a healthy sleep. • * • * * * It promotes healthy sleep because it cleanses the intestines and keeps them clean. • * • * * * Where did I get that cold? It is often difficult to answer this seasonable question. It is better to improve your general disposition and to shut the door against all colds. A persistent cold means that the body is unable to resist the attack of germs. Raise your general vitality by the help of Triner's Bitter Wine which cleanses the stomach, promotes healthy appetite • • • and increases the resistance of your body. PAR. 4. Through the use of the foregoing statements and· representations, and others of similar import and meaningn ot specifically set out herein, respondent has represented, and is now representing, that said preparation is a cure or remedy for stomach disorders, poor appetite, faulty digestion, headache, nervousness, fatigue, and insomnia; that it cleanses the stomach and intestines and keeps the intestines clean; and that it raises the general vitality of the body and increases the resistance of the body to germs, thereby preventing colds.

· PAR. 5. The foregoing statements and representations are false, deceptive, and misleading. Respondent's preparations is not a cure or remedy for stomach disorders, poor appetite, faulty digestion, headache, nervousness, fatigue, or insomnia, and has no therapeutic value in the treatment of such conditions in excess of providing temporary relief from headache when due to constipation. It does not cleanse the stomach. While it has the temporary effect of a laxative, it does not cleanse the intestines or keep them clean. It does not raise the general vitality of the body or increase the resistance of the body to germs. It has no beneficial effect in the prevention of colds.

PAR. 6. The advertisements disseminated as aforesaid by the respondent constitute false advertisements for the further reason that they fail to Order- 40 F. T. c. reveal facts material in the lig~t of such representations, or material with r~spect to ~he consequenc~swh1ch may result from the us~ .of the prepara- -~wn ~o which ~he advertisements relate un~e.r the conditions prescribed m· said advm:tisem~nts or un?er .such co~ditwns. as are ?customary and usual. ;Respondents pre~aratwn Is·a laxa~Ive an~ IS potentially dangerous when taken by one sufferu:g. f~·om abdommal pams, nausea, vomiting, or other symptoms of appendicitis.. . PA~' 7. The use by the respondent of the foregoing false, deceptive and misleading statements and representations,. disseminated and caused to be disseminated as aforesaid, has had, and pow. h~s, the capacity and tendency to, and does, mislead and dec~ive a substantial portion of the purchasing public into the erroneous and mistaken belief that such statements and representations are true, and that said.preparation may be used at all times without ill-. effect~, and into the purchase of substantial quantities of of said preparation because of ~uch erroneous and mistaken belief. . · CONCLUSION The acts and practices of the respondent, as herein found, are all to the prejudice and irijury of the public and constitute ui1fair and deceptive acts and practices in commerce within the·intent and meaniri5 of the Feleral Trade Commission Act. · · · . ·ORDER TO CEASE AND' DESIST · ..

This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and the ans\ver of the respondent, in which answer respondent admitted all the material allegations of fact set forth in said-complaint and waived all intervening procedure and further hearings as to said facts, and the Commissionhaving made its findings as to the facts and its conclusion that said respondent has violated the pro- ' visions ofthe Federal Trade Commission Act. · · · · · . ·. ·1~ is ordered, That respondent,"Joseph: Triner Corporation, a corporation, its officers, dii·ectors, representatives, agents, and employees, directly or through any corporate or other device, inc0nnection with the offering for sale, sale, and distribution of its medicinal preparation variously designated as '.'Triner's Bitter Wine," "Triner's Bitter Wine with Vitamin B,," and "Triner's American Elixer of Bitter Wine," or any' other preparation of substantially similar composjtiori or possessing substantially similar properties, whether !';Old under the same names or. any, other name, do forthwith· cease and-desist from:. · ·.. · 1. .Disseminating or causing to be disseminated, by me~ns of the United States mails or by any means in commerce, as "eo~1merce" is defined in the Federal Trade Commission Act, any advertisement which represents, directly or by implication: . · . .. . . . . . (a) That said preparation is a cure or·rerriedy for stomach disorde:s, poor appetite,. faulty digestion, headache, nervo\}sness, fatigue, or Insomnia, or that it has any therapeutic value in the treatment of such conditions in excess of providing temporary relief ffom headaches when due to constipation. . ·. . . . (b). That said preparation cleanses the stomach or intestines or keeps the intestines clean. . . (c). That the use of said preparation will raise the general vitality o[ t~e body, increase the resistance of the body to germs, or prevent Ql' a1d Ill the prevention of _colds. · · · · JOSEPH TRINER CORP. 673 668 Order 2. Disseminating or causing to be disseminated, by means of the United States mails or by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, any advertisement which fails to reveal that said preparation should not be used in the presence of nausea, vomiting, abdominal pains, or other symptoms of appendicitis: Provided, however, that such advertisement need contain only the statement, "CAUTION: Use only as Directed," if and when the directions for use, wherever they appear on the label, in the labeling, or both on the label and in the labeling, contain a warning to the above effect. 3. Disseminating or causing to be disseminated, by any means, any advertisement for tlie 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 preparation, which advertisement contains any of the representations prohibited in paragraph 1 hereof, and the respective subdivisions thereof, or which fails to comply with the requirements set forth in paragraph 2 hereof. It is further ordered, That the respondent shall, within 60 days after service upon it of this order, file with the Commission a report in writing setting forth in detail the manner and form in which it has complied with this order. · 67 4 FEDERAL TRADE COMMISSION DECISIONS Order 40 F. T. C.