Standard Chemical Manufacturing Company
Volume 41 · 41 F.T.C. 3
deceptive advertisinghealth claims
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Standard Chemical Manufacturing Company, 41 F.T.C. 3 (1945). Consumer Law Library, https://consumerlawlibrary.org/decisions/v041-0002
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In roe Marrer or STANDARD CHEMICAL MANUFACTURING COMPANY COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT, 26, 1914 Docket 4912. Complaint, Dec. 21, 1943'—Decision, July 11, 1945 Where a corporation engaged in the interstate sale and distribution of its various “Standard” medicinal preparations for poultry and livestock, as below set forth; through advertisements in catalogs, circulars, leaflets, pamphlets and other media— (a) Represented falsely that, when used in connection with swine, its preparations “Standard P-O,” “Standard Hog Regulator,” “Standard Swine Capsules,” “Hog Worm Oil,” “In-Ha-Lo,” “Standard Scour Remedy,” “Standard Hog Tabs,” ‘Farmers’ Reliable Worm Treatment,” “Standard Stan-O- Septic” and, “Standard Feeding Oil,” used singularly or in prescribed combinations, were effective variously, in the prevention or treatment and cure of all sorts of worms, including tape worms, of necro, scours, indigestion, thumps, gastro-enteritis, bronchitis, flu, pneumonia and pleurisy, rheumatism, paralysis of the hindquarters; would prevent fermentation, act as a blood purifier and intestinal antiseptic and build vigor, reduce fever, dry up ulcerated conditions, etc.; and that said “Standard Hog Tabs” was endorsed or approved by Government veterinarians as a treatment for necro;
When in fact hogs are not subject to tape worm infection so that said references thereto related to a non-existent condition; and aforesaid other claims were likewise grossly exaggerated, false and misleading; (b) Represented falsely that when used for poultry, its aforesaid preparations “Standard P-O,” “Stan-O-Septic” and “In-Ha-Lo,” and in addition its “Standard Poultry Pills,” “Standard Sulpho-Carb Tablets” and “Standard Stock Dip” were, variously, competent and effective preventives and remedies for worms, bronchitis, roup, fowl pox or diphtheria, mycosis, coccidiosis, blackhead, fowl typhoid, bacillary, white diarrhea, limberneck or botulism, fowl cholera, infections of the digestive tract, fevers, ete. ;
(c) Represented falsely that its “Standard Sheep Regulator’ would aid in eliminating stomach worms from sheep, prevent stomach and digestive ailments and was an effective remedy therefor, helped to produce bloat, prevented breeding troubles, eliminated worms and served as a blood purifier;
(d@) Represented falsely that in the case of livestock, its “Standard Dairy Cow Regulator,” together with “Standard Stock Tonic” would steady the nerves, correct digestive faults, strengthen cows for milk production and reproduction; that it was necessary to use the former to avoid Bang’s disease, abortion, tuberculosis and mastitis; that would expel worms, help prevent and overcome breeding troubles, help prevent scours in calves, prevent weak calves, save feed, aid digestion, and serve aS an 1Amended.
ae & Complaint: 41 F. T.C.
intestinal antiseptic and tonic laxative; and that the latter was an effective treatment for nervousness and worms, necessary for the well-being of steers, and, combined with its “Standard Feeding Oil” was a competent remedy for garget in cows; that it invigorated the organs, built up strength, stimulated glands, purified the blood, aided in preventing breeding troubles, expelled worms, ete.; and that its “Standard Dairy Mineral” possessed similar qualities;
(e) Represented falsely, that, used in connection with calves, pigs and colts, its “Standard Scour Remedy” was effective in preventing and treating scours and, used with its “Standard P-O” was an effective treatment for the more severe cases, and that its aforesaid “Standard Feeding Oil” was similarly effective; that the latter contained Vitamin F, and that ordinary — animal feeds do not contain sufficient vitamins; Facts being that nutrition scientists recognize no such substance as “Vitamin F,” and other aforesaid claims were similarly false and misleading; (f{) Falsely implied through use of name “Egg-O-Day” to designate its preparation for chickens, that use thereof would assure the production of an egg a day from each hen to which it was given; With the capacity and tendency to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that such false representations were true, and thereby into the purchase of substantial quantities of its said preparations:
Held, 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.
Mr. R. P. Bellinger for the Commission.
Mr. Benj. Harrison and Finlayson, McKie & Kuhns, of Omaha, Nebr., for respondent.
AMENDED 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 Standard Chemical Manufacturing Company, a corporation, hereinafter referred to as respondent, has violated the provisions of the 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 amended complaint, stating its charges in that respect as follows: ParacrarH 1. Respondent, Standard Chemical Manufacturing ~ Company, is a corporation, organized, existing and doing business under and by virtue of the laws of the State of Nebraska, with its office and principal place of business located at 703 S. 42nd Street, Omaha, Nebr.
Par. 2. Respondent is now, and for more than one year last past, has been engaged in the sale and distribution in commerce between and among the various States of the United States and in the District STANDARD CHEMICAL MANUFACTURING COMPANY 5 3 : Complaint of Columbia of certain medicinal preparations for poultry and live stock, designated as “Standard P-O,” “Standard Poultry Pills,” “Standard Hog Regulator,” “Standard Sheep Regulator,” “Standard Dairy Cow Regulator,” “Standard Swine Capsules,” “Hog Worm Oil,” “San-O-Septic,” “Standard Scour Remedy,” “Standard Sulpho-Carb Tablets,” “Standard Hog Tabs,” “Farmers Reliable Worm Treatment,” “Standard Stock Tonic,” “Standard Egg-O-Day,”: “Standard In-Ha-Lo,” “Standard Feeding Oil,’ and “Standard Dairy Mineral.”
Respondent causes said preparations, when sold, to be transported from its aforesaid place of business in the State of Nebraska to purchasers thereof located in various other States of the United States and in the District of Columbia.
Respondent at all times mentioned herein, has maintained a course of trade in said preparations in commerce between and among the various States of the United States and in the District of Columbia. Par. 3. In the course and conduct of its aforesaid business, respondent has disseminated and is now disseminating, and has cause and is now causing the dissemination of false advertisements concerning its said preparations designated as “Standard P-O,” “Standard Poultry Pills,” “Standard Hog Regulator,” “Standard Sheep Regulator,’ “Standard Dairy Cow Regulator,” “Standard Swine Capsules,” “Hog Worm Oil,” “Stan-O-Septic,” “Standard Scour Rem-. edy,” “Standard Sulpho-Carb Tablets,” “Standard Hog Tabs,” “Farmers Reliable Worm Treatment,” “Standard Stock Tonic,” “Standard Egg-O-Day,” “Standard In-Ha-Lo,” “Standard Feeding Oil,” and “Standard Dairy Mineral,” 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 its said preparations by various means for the purpose of inducing and which are likely to induce, directly or indirectly, the purchase of its said preparations 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 the United States mails and by advertisements in catalogs, circulars, leaflets, pamphlets and other media, are the following:
[Statements and representations set out here at length in the complaint are published in the findings at p. 14, and are omitted here in the interest of brevity. | 6 FEDERAL TRADE COMMISSION DECISIONS | Complaint 41 F.T.C. Par. 4. Through the use of the statements and representations hereinabove set forth,! and others similar thereto not specifically set out herein, respondent represents and has represented — That its said preparation Standard P-O constitutes a competent and effective remedy which will attack and eradicate tapeworms in swine and poultry; that it will be effective in the prevention or treatment of necro, scours, indigestion, thumps, and gastroenteritis in swine; that it will serve as a blood purifier and an aid to digestion; that it will-aid in worming, conditioning, and building the health of poultry; that its use will prevent development of worms; that it will successfully attack and expel roundworms and help to reduce worm trouble generally; that it will relieve coughing and aid in clearing up bronchitis; that its use, combined with the administration of the preparation Standard Hog Regulator, constitutes an effective treatment — for rheumatism in hogs; that its use in connection with the use of Standard Poultry Pills and Standard Sulpho-Carb Tablets will rid poultry of worms and infections.
That its preparation Standard Poultry Pills, when administered to fowls, will be effective in killing and removing tapeworms therefrom.
That its preparation Standard Hog Regulator will eliminate the need to worm pigs; will prevent necro and gastroenteritis; that its use constitutes an effective treatment for necro, scours, digestive ills and paralysis of the hindquarters; that it will prevent fermentation, act as a blood purifier, and intestinal antiseptic, nerve food, tonic, and will build vigor; that it will expel pinworms and eliminate intestinal worms; that its use will reduce fever and strengthen the nerve centers; that its use, in combination with respondent’s P-O, constitutes an effective remedy for rheumatism and thumps in hogs. That the use of its preparation Standard Sheep Regulator will aid in eliminating stomach worms from sheep and will prevent stomach and digestive ailments and help to reduce bloat; that it constitutes an effective remedy for indigestion; that its use will increase digestion, successfully attack roundworms and other worms, prevent breeding troubles, and serve as a blood purifier. That the administration of its preparation Standard Dairy Cow Regulator, in connection with respondent’s Standard Stock Tonic, will steady the nerves and correct digestive faults, and will strengthen cows for milk production and for reproduction; that cows cannot obtain sufficient minerals from ordinary feed; that to avoid Bang’s disease, abortion, tuberculosis and mastitis it is necessary to use re- *Set out in full in the findings, as above set forth, and omitted here in the interest of brevity.
STANDARD CHEMICAL MANUFACTURING COMPANY % 3 Complaint spondent’s Standard Dairy Cow Regulator, or some other similar preparation; that its use will expel worms, help prevent, and overcome breeding troubles, help prevent scours in calves, prevent weak calves, save feed, aid digestion, and will serve as an intestinal antiseptic and tonic laxative;
That its preparation Standard Swine Capsules constitutes an effective treatment for the removal of thornheaded worms and pinworms from hogs.
That use of its preparation Hog Worm Oil will expel worms generally from hogs, and that said preparation constitutes an effective treatment for the removal of thornheaded worms and pinworms. That its preparation Stan-O-Septic, when used in the drinking water of fowls, constitutes a competent treatment for roup and fowl pox or diphtheria, and when administered with respondent’s preparation In-Ha-Lo will prevent fowl pox or diphtheria; that its use will rebuild and tone up the system, and reduce fevers in poultry; that its use, combined with the administration of respondent’s In-Ha-Lo constitutes an effective remedy for flu or infectious bronchitis, pneumonia and pleurisy in hogs, and will reduce fever, relieve feverish conditions, and build the hogs back to a normal condition. That use of its preparation Standard Scour Remedy will be effective in preventing scours in pigs, calves and colts; that said preparation constitutes an effective treatment for scours in pigs, calves and colts; that said preparation, used in connection with respondent’s P-O constitutes a competent and effective treatment for the more severe cases of scours.
That its preparation Standard Sulpho-Carb Tabs, used in combination with respondent’s preparations P-O and Poultry Pills, will rid poultry of worms and infections; that said preparation, combined with P-O, will prevent coccidiosis and worms; that said preparation constitutes an effective treatment for infections and infestation of the digestive tract and conditions arising therefrom; that it constitutes an effective treatment for and a preventive of coccidiosis, blackhead, fowl typhoid, bacillary white diarrhea, limberneck or botulism, and in combination with respondent’s Standard Stock Dip, for fowl] cholera.
That its preparation Standard Hog Tabs, combined with respondent’s P-O, will be effective in drying up ulcerated conditions in swine, and constitutes a competent treatment for necro; that its use will prevent necro; that its use, combined with respondents P-O and Hog Regulator, constitutes an effective remedy for bloody scours; that said preparation is endorsed or approved by government veterinarians as a treatment for necro.
Complaint: 41 F.T.C.
That its preparation Farmers’ Reliable Worm Treatment will eradicate thornheaded worms, pinworms, whipworms and tapeworms, and constitutes an effective worm treatment generally for swine; that it constitutes an effective internal antiseptic and will purify the blood; ; That its preparation Standard Stock Tonic constitutes an effective treatment for nervousness and worms and as a conditioner of live stock; that it is necessary for the well-being of steers to feed them Standard Stock Tonic or some similar preparation; that said preparation, combined with respondent’s Standard Feeding Oil, constitutes a competent remedy for garget in cows; that said preparation acts on the liver, invigorates the functions of many bodily organs; purifies the blood, aids in preventing breeding troubles, expels worms, stimulates the glands and builds up the strength of steers and other live stock. : That its preparation In-Ha-Lo, used in combination with respondent’s preparation Standard Stan-O-Septic, constitutes a competent treatment for flu, pneumonia and pleurisy in hogs; that it successfully attacks flu germs and eliminates choking phlegm from the lungs and throats of hogs; that said preparation, administered in combination with respondent’s Sulpho-Carb Tablets, constitutes an effective treatment for roup, fowl pox and mycosis in poultry, and will serve to clear the throats and lungs of mucus. That its preparation Standard Feeding Oil contains vitamin F; that ordinary animal feeds do not contain sufficient vitamins, and it is therefore necessary to administer respondent’s Standard Feeding Oil, or some similar preparation in order to maintain the health of live stock; that the use of said preparation will be effective in preventing and treating scours in calves, pigs and cattle generally, in combatting breeding troubles, overcoming stubborn conception and in producing healthier calves; that its use will enable cattle to successfully resist disease, will aid sterile cows to become normal breeders, Increase milk production and lengthen the productive life of the cow.
That the use of its preparation Standard Dairy Mineral will build up the system of a cow, help to conquer noncontagious breeding troubles, and produce stronger calves; that it constitutes an effective intestinal antiseptic, tonic and laxative, and will help prevent scours, breeding troubles and weak calves; that it will assist in overcoming breeding troubles, will aid digestion and save feed. Par. 5. The aforesaid statements and representatives! are grossly exaggerated, false and misleading. In truth and in fact respondent’s 1See footnote on p. 6.
STANDARD CHEMICAL MANUFACTURING COMPANY 9 3 Complaint preparation Standard P-O does not constitute a competent and ef- _ fective remedy which will attack and eradicate tapeworms in swine and poultry. It will not be effective in the prevention or treatment of necro, scours, indigestion, thumps and gastroenteritis in swine. Tt will not serve as a blood purifier and an aid to digestion. It will not aid in worming, conditioning and building the health of poultry. Its use will not prevent development of worms. It will not successfully attack and expel roundworms and help to reduce worm trouble generally. It will not relieve coughing, and will not aid in clearing up bronchitis. Its use, either alone, or combined with the administration of the preparation Standard Hog Regulator, does not. constitute an effective treatment for rheumatism in hogs. Its use, either alone or in connection with the use of Standard Poultry Pills and Standard Sulpho-Carb Tabs, will not rid poultry of worms and infections.
Respondent’s preparation Standard Poultry Pills will not be effective in killing and removing tapeworms from fowls. The use of respondent’s preparation Standard Hog Regulator will not eliminate the need to worm pigs and will not prevent necro and gastroenteritis. Its use does not constitute an effective treatment for necro, scours, digestive ills and paralysis of the hindquarters. It will not prevent fermentation, nor will it act as a blood purifier and intestinal antiseptic, nerve food or tonic, and will not build vigor, expel pinworms and eliminate intestinal worms. Its use will not reduce fever and strengthen the nerve centers; nor will its use, either alone or in combination with respondent’s P-O constitute an effective remedy for rheumatism and thumps in hogs.
The use of respondent’s preparation Standard Sheep Regulator will not aid in eliminating stomach worms from sheep, and will not prevent stomach and digestive ailments, nor help to reduce bloat. It does not constitute an effective remedy for indigestion and its use will not. increase digestion, will not successfully attack roundworms and other worms, prevent breeding troubles and serve as a blood purifier.
The administration of respondent’s preparation Standard Dairy Cow Regulator, either alone or in connection with respondent’s Standard Stock Tonic, will not steady the nerves and correct digestive faults and will not strengthen cows for milk production and for reproduction. Cows can usually obtain sufficient minerals from ordinary feed. It is not necessary to use respondent’s Standard Dairy Cow Regulator or some other similar preparationto avoid Bang’s disease, abortion, tuberculosis and mastitis. Its use will not expel worms, help prevent and overcome breeding troubles, nor help pre- 10 : FEDERAL TRADE COMMISSION DECISIONS Complaint 41 F.T.C. vent scours in calves or prevent weak calves, save feed and aid in digestion, and it will not serve as an intestinal antiseptic and tonic laxative.
The preparation Standard Swine Capsules does not constitute an effective treatment for the removal of thornheaded worms and pinworms from hogs.
The use of peapondone’s pipration Hog Worm Oil will not expel worms generally from hogs, and the said preparation does not constitute an effective treatment for removal of thornheaded worms and pinworms.
Respondent’s preparation Stan-O-Septic, when used in drinking water of fowls, or in any other manner, does not constitute a competent treatment for roup and fowl pox or diphtheria, and will not prevent fowl pox or diphtheria, either when used alone or in combination with respondent’s preparation In-Ha-Lo. Its use will not rebuild and tone up the system and will not reduce fevers in poultry. Its use, either alone or combined with the administration of respondent’s fe Ha-Lo does not constitute an effective remedy for flu o infectious bronchitis, pneumonia or pleurisy in hogs, and will not reduce fever or relieve feverish conditions and build the hogs back to a normal condition.
The use of respondent’s preparation Standard Scour Remedy will not be effective in preventing scours in pigs, calves and colts. Said preparation does not constitute an effective treatment for scours in pigs, calves and colts and used alone or in connection with respondent’s P-O does not constitute a competent and effective treatment for the more severe cases of scours.
Respondent’s preparation Standard Sulpho-Carb Tablets, used either alone or in combination with respondent’s preparations P-O and Poultry Pills, will not rid poultry of worms and infections. Said preparation, either alone or combined with P-O, will not prevent coccidiosis and worms. Said preparation does not constitute an effective treatment for infections and infestation of the digestive tract’ and conditions arising therefrom. It does not constitute an effective treatment for and preventive of coccidiosis, blackhead, fowl typhoid, bacillary white diarrhea, limberneck or botulism, or for fowl cholera, either administered alone or in combination with respondent’s Standard Stock Dip.
Respondent’s preparation Standard Hog Tabs, either alone or combined with respondent’s P-O, will not be effective in drying up ulcerated conditions in swine, and does not constitute a competent treatment for necro. Its use will not prevent necro, and when used, either alone or combined with respondent’s P-O ane Hog Regulater, STANDARD CHEMICAL MANUFACTURING COMPANY 11 3 Complaint does not constitute an effective remedy for bloody scours. Said preparation is neither endorsed nor approved by government veterinarians as a treatment for necro.
Respondent’s preparation Farmers’ Reliable Worm Treatment will not eradicate thornheaded worms, pinworms, whipworms, and tapeworms, and does not constitute an effective worm treatment generally for swine. It does not constitute an effective internal antiseptic and will not purify the blood.
Respondent’s preparation Standard Stock Tonic does not constitute an effective treatment for nervousness and worms and as a conditioner of live stock. It is not necessary for the well-being of steers to feed them Standard Stock Tonic or some similar preparation. Said preparation when used either alone or combined with respondent’s Standard Feeding Oil, does not constitute a competent remedy for garget in cows. Said preparation does not act on the liver, invigorate the functions of many bodily organs, purify the blood, aid in preventing breeding troubles, expel worms, stimulate the glands or build up the strength of steers and other live stock. Respondent’s preparation Standard In-Ha-Lo, used alone or in combination with respondent’s preparation Standard Stan-O-Septic, does not constitute a competent treatment for flu, pneumonia, and pleurisy in hogs. It does not successfully attack flu germs and eliminate choking phlegm from the lungs and throats of hogs. Said preparation when used either alone or in combination with respondent’s Sulpho-Carb Tablets does not constitute an effective treatment for roup, fowl pox and mycosis in poultry and will not serve to clear the throats and lungs of mucus.
Respondent’s preparation Standard Feeding Oil does not contain vitamin F, and it is the consensus of opinion among scientists in the field of nutrition that there is no substance which can properly be designated as vitamin F. Ordinary animal feeds usually contain sufficient vitamins, and it is not necessary to administer respondent’s Standard Feeding Oil or any similar preparation in order to maintain the health of animals. The use of the said preparation will not be effective in preventing and treating scours in calves, pigs and cattle generally, nor in combatting breeding troubles, overcoming stubborn conception and producing healthy calves. Its use will not enable cattle to successfully resist disease, and will not aid sterile cows to become normal breeders, increase milk production and lengthen the productive life of the cow.
The use of respondent’s preparation Standard Dairy Mineral will not build up the system of a cow nor help to conquer noncontagious breeding troubles, and will not produce stronger calves. It does not 688612—48—4 Findings . 41 F.T.C. constitute an effective intestinal antiseptic, tonic and laxative, and will not help to prevent scours, breeding troubles and weak calves. It will not assist in overcoming breeding troubles, will not aid digestion, and will not save feed.
Par. 6. There is no drug known to science which constitutes an effective treatment for the destruction of tapeworms in poultry. Some of respondent’s preparations contain the drug Kamala which will destroy certain segments or joints that grow from the head of the tapeworm, but leaves the head of the worm intact and alive in the chicken and this live head will continue to reproduce tapeworms in the chicken indefinitely. Moreover, hogs are not subject to tapeworm infestation and, therefore, all references in respondent’s ad- _ vertising of any of its said preparations as treatments, remedies or preventives for tapeworm infestation of swine, relate to a physical condition which does not exist.
- Par. 7. The name by which respondent designates its preparation Egg-O-Day for chickens is in itself grossly deceptive and misleading, in that it implies that its use will assure the production of an egg a day from each hen to which it is given, when in truth the use of the preparation will not give assurance of daily egg production by each hen. : Par. 8. The use by the respondent of the aforesaid false, deceptive and misleading statements and representations, disseminated as aforesaid, with respect to its said preparations, 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 false statements, representations and other advertising are true, and because of such mistaken and erroneous behef to purchase substantial quantities of respondent’s said preparations.
Par. 9. The aforesaid acts and practices of 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, Frnpin¢s as To THE Facts, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on February 15, 19438, issued and subsequently served its complaint in this proceeding upon the respondent, Standard Chemical Manufacturing Company, a corporation, charging it with use of unfair and deceptive acts and practices in commerce in violation of said act. After respondent filed its answer, the Commission on December 21, 1948, issued. and there- STANDARD CHEMICAL MANUFACTURING COMPANY 13 3 : Findings after served its amended complaint in this proceeding upon said respondent, which amended complaint also charged the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After respondent filed its answer to said amended complaint, a stipulation was entered into whereby it was stipulated and agreed that a statement of facts signed and executed by the respondent and Richard P. Whiteley, Assistant Chief Coun- _ sel for the Federal Trade Commission, subject to the approval of the Commission, might be taken as the facts in this proceeding and in lieu of testimony in support of the charges stated in the amended complaint or in opposition thereto, and that the said Commission might 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. Thereafter, this proceeding regularly came on for final hearing before the Commission on said amended complaint, answer, and stipulation, said stipulation having been approved, accepted, and filed; 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. FINDINGS AS TO THE FACTS ParacrapH 1. Respondent, Standard Chemical Manufacturing Company, is a corporation, organized, existing, and doing business under and by virtue of the laws of the State of Nebraska, with its office and principal place of business located at 703 S. 42nd Street, Omaha, Nebr.
Par. 2. Respondent is now, and for more than one year last past has been, engaged in the sale and distribution in commerce between and among the various States of the United States and in the District of Columbia of certain medicinal preparations for poultry and livestock designated as “Standard P-O,” “Standard Poultry Pills,” “Standard Hog Regulator,” “Standard Sheep Regulator,” “Standard Dairy Cow Regulator,” “Standard Swine Capsules,” “Hog Worm Oil,” “Stan-O- Septic,” “Standard Scour Remedy,” “Standard Sulpho-Carb Tablets,” “Standard Hog Tabs,” “Farmers’ Reliable Worm Treatment,” “Standard Stock Tonic,” “Standard Egg-O- Day,” “Standard In-Ha-Lo,” “Standard Feeding Oil,” and “Standard Dairy Mineral.” Respondent causes said preparations, when sold, to be transported from its aforesaid place of business in the State of Nebraska to purchasers thereof located in various other States of the United States and in the District of Columbia, and at Findings 41 F.T.C. all times mentioned herein has maintained a course of trade in said preparations in commerce between and among the various States of the United States and in the District of Columbia. Par. 3. In the course and conduct of its aforesaid business, respondent has disseminated and is now disseminating, and has caused. and is now causing the dissemination of false advertising concerning its said preparations designated as “Standard P-O,” “Standard Poultry Pills,” “Standard Hog Regulator,” “Standard Sheep Regulator,” “Standard Dairy Cow Regulator,” “Standard Swine Capsules,” “Hog Worm Oil,” “Stan-O-Septic,” “Standard Scour Remedy,” “Standard Sulpho-Carb Tablets,” “Standard Hog Tabs,” “Farmers’ Reliable Worm Treatment,” “Standard Stock Tonic,” “Standard Egg-O-Day,” “Standard In-Ha-Lo,” “Standard Feeding Oil,” and “Standard Dairy Mineral” 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 its said preparations by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of its said preparations 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 the United States mails and by advertisements in catalogs, circulars, leaflets, pamphlets, and other media, are the following:
As to “Standard P-O”— P-O Attacks worms. It dissolves them in the hog. Does the job against tape worms in hogs and poultry. Here is an outstanding product to Aid in the Worming, Conditioning and Building Health for both Hogs and Poultry.
WHAT DOES STANDARD P-O CONTAIN? Oil of Chenopodium—Known as Oil of Wormseed, attacks round worms * * * the best round worm expeller.
Fluid Extract of Kamala—Destroys segments of tape worms below the head.’ y Sodium Hydroxide— * * * Helps reduce worm trouble, Beechwood Creosote—Intestinal antiseptic, valuable in treatment of Necrotic conditions.
Creosote U.S.P.—Antiseptie for gastritis and enteritis. Aids in clearing up bronchitis.
Nux Vomica— * * * It aids digestion. Fluid Extract of Glycyrchiza— * * * increases the flow of saliva and gastric juices. Reduces coughing.
STANDARD CHEMICAL MANUFACTURING COMPANY 15 oy es Findings WHAT DOES STANDARD P-O DO? i IT ATTACKS THESE HOG KILLERS Worms— ; Necro— * * * P-O is effective because of its action on the Necro germ and its healing, soothing process.
Indigestion— * * * Prevent it by using P-O regularly. .* .* ; * “aids in digesting a greater percentage of feed.
Scours—Three days after farrowing feed a complete 8-day treatment to the brood sows and small pigs and follow with a treatment one day each week to help keep down scours and purify the blood stream. Your system straightened out my pigs in 1941 after a siege of bloody Scours. * * * his pigs were just getting over a severe case of Necro in which Standard P-O was used with success.
Standard Hog Tabs are used together with Standard P-O to dry up ulcerated conditions.
A WELL KNOWN RELIEF MEASURE IN TREATMENT OF NECRO. An outstanding product to aid in worming, conditioning and health building of chickens and turkeys.
Rheumatism—Feed an 8-day treatment of Standard P-O in soaked oats according to directions, adding 1 pint of Standard Hog Regulator per day * * * * * * get rid of worms and infections. (Poultry Pills, P-O and Sulpho- Carb Tablets are to be used for this purpose)... Standard P-O for worms and necro pegs.
GASTROENTERITIS (Inflammation of Stomach and Bowels) Treatment: +. *- *-8-day treatment of B-O° -* * * x * * helped snap the above pigs out of a serious case of bloody scours As to “Standard Poultry Pills”’— Standard Poultry Pills contain nicotine sulphate which deadens the large roundworms and it also contains Kamala which deadens many kinds of tape worms. They have an enteric coating which prevents their being dissolved until they reach the gizzard, where they are ground up and the nicotine sulphate and kamala directly enters the intestines where most of the worms are. As to “Standard Hog Regulator” — STANDARD HOG REGULATOR WITH YEAST * * * My pigs do not have to be wormed and they have had no signs of Necro. * > *.* Standard Hog Regulator contains in its 12 ingredients, the drugs needed to check many digestive ills, Scours * * * Necro and Gastro-Mnteritis. Help prevent this condition with Standard Hog Regulator.
How to treat Necro * * * if pigs are badly constipated, starve them for 24 hours then give a good physic of Standard Hog Regulator. Rheumatism—Feed an 8-day treatment of Standard P-O in soaked oats according to directions, adding 1 pint of Standard Hog Regulator per day for each 3,000 pounds of live weight.
Paralysis of Hindquarters (Down in the Back)—Take off heavy feed and put on a slop diet of soaked oats or meal feed. Add 1 tablespoonful of Standard Hog Regulator to each 100 pounds of live weight * * * also antimony sulphide which aids in strengthening nerve centers. 2 i ee:Ney 16 FEDERAL TRADE COMMISSION DECISIONS ren$ oePe Findings 4. B.C.
THUMPS Give Standard Hog Regulator * * * follow with an 8-day treatment of Standard P-O * * #* Here are * * * ingredients, each and everyone of which is found in Standard Hog Regulator.
Wood Charcoal: * * * prevents fermentation. Sulphur: * * * blood purifier.
Sodium Hyposulphite: An intestinal antiseptic. Antimony Sulphide: Nerve food, tonic, especially valuable for sows down in the back.
Sulphate of Iron: * * * makes system vigorous. Quassia :Reduces fever. Expels pin worms * * * Levant Worm: Seed: * * * deadens intestinal worms so that they can be passed out of intestines.
As to Standard Sheep Regulator :
It will help expel stomach worms and prevent stomach and digestive troubles— * * * aid in reducing bloat. STANDARD SHEEP REGULATOR CONTAINS * * * ; Sodium Chloride—United with hydrogen to increase digestion. Sulphate 4 of iron—attacks worms. American worm seed—attacks round worms. Nicotine—used to treat stomach and round worms. Potassium iodide—prevents * * * breeding troubles. Sulphur—Blood purifier. INDIGESTION Treatment: Give a force feed of Standard Sheep Regulator 3 .5 As to Standard Dairy Cow Regulator:
We recommend feeding Standard Stock Tonic for about 30 days to steady nerves and regulate bowels. Then stop the Tonic and feed Standard Dairy- Cow Regulator for 60 days. Stop again and feed stock Tonic for one or two weeks to correct any remaining faults of digestion. By alternating the feeding of Standard Stock Tonic with Dairy Cow Regulator you strengthen your cows for milk production and for re-production as well.
* * * the cow cannot possibly get enough mineral from straight feed * * * This leaves the cow with too little resistance to fight the nemee of Bang, Abortion, Tuberculosis and Mastitis. Standard Dairy Cow Regulator contains:
Sulphate of Iron— * * * expels worms. Sulphate of copper—intestinal antiseptic—helps prevent scours in calves. 2 Manganese sulphate—a tonic laxative.
Calcium carbonate— * * * helps prevent breeding trouble * * * Acid calcium phosphate * * * prevents weak calves * * * helps overcome breeding troubles.
Sodium Chloride— * * * to aid digestion and save feed. Potassium iodide—helps prevent breeding troubles * * * As to Standard Swine Capsules:
Standard Swine Capsules contain oil of chenopodium and aloin to act on worms. Oil of worm seed is also a splendid treatment for Round Worms. As such has been successfully used for years. It is the basic drug used in the Standard Swine Capsules and Standard Hog Worm Oil. STANDARD CHEMICAL MANUFACTURING COMPANY 17 3 Findings THORN HEADED WORMS— Treatment: Same as for round worms.
PIN WORMS— Treatment: Same as for round worms.
As to Standard Hog Worm Oil:
_ An effective worm expeller containing Oil of Chenopodium with other anthelmintics and other antiseptic ingredients in a base of best quality Castor oil. THORN HHADED WORMS— Treatment: Same as for round worms.
PIN WORMS— Treatment: Same as for round worms.
As to Stan-O-Septic:
- HOG FLU (infectious Bronchitis) TREATMENT OF FLU:
Two Standard Products, when used focedian are recommended for flu. Standard In-Ha-Lo is first used * * * about noon next day start the hogs with Standard Stan-O-Septic according to directions * * * the Stan- O-Septic is to relieve the feverish condition, * * * and help build the hogs back to normal PNEUMONIA Treatment :Same as for “Hog Flu.”
PLEURISY Treatment: Same as Pneumonia * * * to aid hogs back to normal health. It quickly aids in reducing fever.
ROUP: Use Stan-O-Septic in the drinking water * * * FOWL POX— Diphtheria— : Treatment: Treat the same as for roup. * * * Put Stan-O-Septic in all drinking water as a preventive measure.
Standard Stan-O-Septic * * * to rebuild system, reduce some fevers and tone up system * * * As to Standard Scour Remedy:
SCOUR REMEDY Standard Scour Remedy is an old, long-tested preparation for checking white and green scours in pigs, calves and colts. Scours—Pigs and Calves. In more severe cases of scours, Standard Scour Remedy has proven a very valuable aid with P-O treatment. Where the case of Scours is very severe use Standard Scour Remedy according to regular directions.
As to Standard Sulpho-Carb Tablets:
* * * get rid of worms and infections (Poultry Pills, P-O and Sulpho- Carb Tablets are to be used for this purpose). * * * just guard against coccidiosis and worms *, * * We recommend Standard Sulpho-Carb Tablets used in drinking water and Standard P-O, likewise used in drinking water or in feed. Sulpho-Carb tablets * * * for their value in treating conditions arising from the infection and infestation of the digestive tract. Coccidiosis; Black Head; Fowl Cholera; Fowl Typhoid; Bacillary White Diarrhea. To Findings 41 F.T.C. prevent disease use one tablet in each gallon of drinking water for one week out of each month. For treating disease, use one tablet in each gallon of drinking water until the trouble is over.
Sulpho-Carb Tablets destroy many germs. Such serious diseases as coccidiosis, blackhead, diarrhea, cholera, typhoid, etc., are caused by germs. BLACKHEAD: Give Sulpho-Carb Tablets in drinking water for 7 days or until disease is controlled. COCCIDIOSIS IN CHICKS: Treatment: Use Standard Sulpho-Carb Tablets in the drinking water all the time, until disease disappears.
FOWL CHOLERA Treatment: Clean up poultry yard and disinfect with Standard Stock Dip. Keep sick birds-away from others. If they are far gone, kill and burn them. For the rest of the flock, give them Standard Sulpho-Carb Tablets in drinking water for 7 days or until trouble is past. FOWL TYPHOID * * * put Sulpho-Carb Tablets in the drinking water of all fowls for 7 days, then as a preventive, use Sulpho-Carb Tablets for a 7-day period each month.
PULLORUM DISEASE Bacillary white diarrhea: * * * controlled through sanitation * * * use Standard Sulpho-Carb Tablets in the drinking water * * * LIMBERNECK: Botulism Use Standard Sulpho-Carb Tablets in all drinking water until all signs of the disease are gone.
As to Standard Hog Tabs:
STANDARD HOG TABS are used together with Standard P-O to dry up uleerated conditions A WELL KNOWN RELIEF MEASURE IN TREAT- MENT OF NECRO.
Hog tabs were introduced years ago by Government veterinarians shortly after the discovery of Necro.
* * * use once a week as a preventive. HOW TO TRHAT NECRO * * * to supplement the above treatment, dissolve one Standard Hog Tab in each gallon of water your hogs drink during the 8-day treatment. This aids to dry up the ulcers on the intestines.
This year, I have had very good success with feeding P-O and Hog Regulator according to your feeding plan. I feed the P-O once a week and the Hog Regulator in Trinity Mixture, feeding corn and oats separately. I also use Hog Tabs when needed. Your system straightened out my pigs in 41 days after.a siege of bloody scours.
As to Farmers’ Reliable Worm Treatment:
You lose money on WORMY HOGS. Here’s your best weapon: FARMERS’ RELIABLE WORM TREATMENT.
Santonin—recognized as the safest, most reliable agent for expelling * * * thorn-headed worms. Areca nuts—they act on tapeworms. Quassia—for pin worms in intestines. America worm seed—acts on whipworms. Hyposulphate of soda; Wonderful intestinal antiseptic Sulphate of iron—purifies the blood. STANDARD CHEMICAL MANUFACTURING COMPANY 19 3 Findings As to Standard Stock Tonic— * * * to correct nervousness * * * A good complex mineral such as Standard Stock Tonic, should be fed regularly to every steer.
Worm Expellers Conditioners GARGET We suggest you feed Standard Feeding Oil and Standard Tonic to help control and overcome this trouble.
’ What. Standard Stock Tonic Contains—Sodium Sulphate— * * * acting on * * * liver * * *~ Nux 'Vomica— * * '* invigorates the functions of many bodily organs.
Sulphate of Iron—A worm expeller and blood purifier. Calcium Carbonate— * * * an aid in preventing breeding troubles * * * Potassium Iodide—A gland stimulant * * * Quassia—Used against pin worms * * * Fenugreek—Valuable as a strength builder * * * Sulphur— * * * Ablood purifier.
As to Standard In-Ha-Lo— HOG FLU (Infectious Bronchitis) TREATMENT OF FLU Two Standard products, when used together, are recommended for Flu. Standard In-Ha-Lo is first used. * * * About noon next day start treating the hogs with Standard Stan-O-Septic according to directions, * * * The Stan-O-Septic is to relieve the feverish condition. * * * and help build the hogs back to normal.
PNEUMONIA Treat same as for “Hog Flu.”
PLEURISY Treat same as Pneumonia.
* * * attacks Flu germs and rids throats and lungs of hogs of choking phlegm.
ROUP At the first sign, give the flock a treatment of Standard Inhalo. FOWL POX (Diphtheria) Treat the same as for Roup.
MYCOSIS (Aspergillosis) Use the Standard Inhalo treatment (see Roup), and follow with Sulpho-Carb Tablets * * #* Clear out throats and lungs of mucous.
As to Standard Feeding Oil— All Farm Animals Need More Vitamins.
Supplies concentrated Vitamins A, D, EK and F * * * Standard Feeding Oil is good “scour insurance” Vitamins E and F are essential to combat breeding troubles, to overcome idSylad Findings 41 BPG:
stubborn conception and to make for healthier calves. Vitamin D helps resist disease. * * * Ordinary dairy cow feed lacks the necessary Vitamins A, D, HE and F. Vitamin E helps sterile cows become normal breeders. It increases the flow ‘of milk and lengthens the productive life of the cow. It is also an outstanding treatment for scours in calves.
For Pigs * * * ‘scours are often caused by Vitamin deficiency. As to Standard Dairy Mineral— Builds up the system of acow * * * Helps overcome non-contagious breeding troubles. Builds stronger calves.
What Does Standard Dairy Mineral Contain? _ Sulphate of Copper. An intestinal antiseptic—helps to prevent scours in calves.
Manganese Sulphate—a tonic and laxative.
Calcium Carbonate— * * * helps prevent breeding trouble. Acid Calcium Phosphate— * * * prevents weak calves * * * helps overcome breeding troubles.
Sodium Chloride— * * * to aid digestion and save feed. Potassium Iodide—Helps prevent breeding troubles * * * Par. 4. Through the use of the statements and representations hereinabove set forth, and others similar thereto not specifically set out herein, respondent represents and has represented— That its said preparation Standard P-O constitutes a competent and effective remedy which will attack and eradicate tapeworms in swine and poultry; that it will be effective in the prevention or treatment of necro, scours, indigestion, thumps, and gastro-enteritis in swine; that it will serve as a blood purifier and an aid to digestion; that it will aid in worming, conditioning, and building the health of poultry; that its use will prevent development of worms; that it will successfully attack and expel roundworms and help to reduce worm trouble generally; that it will relieve coughing and aid in clearing up bronchitis; that its use, combined with the administration of the preparation Standard Hog Regulator, constitutes an effective treatment for rheumatism in hogs; that its use in connec- — tion with the use of Standard Poultry Pills and Standard Sulpho- Carb Tablets will rid poultry of worms and infections. That its preparation Standard Poultry Pills, when administered to fowls, will be effective in killing and removing tapeworms therefrom. ; That its preparation Standard Hog Regulator will eliminate the need to worm pigs; will prevent necro and gastroenteritis; that its use constitutes an effective treatment for necro, scours, digestive ills and paralysis of the hindquarters; that it will prevent fermen- _ STANDARD CHEMICAL MANUFACTURING COMPANY 21 3 Findings tation, act as a blood purifier, and intestinal antiseptic, nerve food, tonic, and will build vigor; that it will expel pinworms and eliminate intestinal worms; that its use will reduce fever and strengthen the nerve centers; that its use, in combination with respondent’s P-O, constitutes an effective remedy for rheumatism and thumps in hogs.
That the use of its preparation Standard Sheep Regulator will aid in eliminating stomach worms from sheep and will prevent stomach and digestive ailments and help to reduce bloat; that it constitutes an effective remedy for indigestion; that its use will increase digestion, successfully attack roundworms and other worms, prevent breeding troubles, and serve as a blood purifier. That the administration of its preparation Standard Dairy Cow Regulator, in connection with respondent’s Standard Stock Tonic, will steady the nerves and correct digestive faults, and will strengthen. cows for milk production and for reproduction; that cows cannot obtain sufficient minerals from ordinary feed; that to avoid Bang’s disease, abortion, tuberculosis and mastitis it is necessary to use respondent’s Standard Dairy Cow Regulator, or some other similar preparation; that its use will expel worms, help prevent and overcome breeding troubles, help prevent scours in calves, prevent weak calves, save feed, aid digestion, and will serve as an intestinal antiseptic and tonic laxative.
That its preparation Standard Swine Capsules constitutes an effective treatment for the removal of thorn-headed worms and pinworms from hogs. ° That use of its preparation Hog Worm Oil will expel worms generally from hogs, and that said preparation constitutes an effective treatment for the removal of thorn-headed worms and pinworms.
That its preparation Stan-O-Septic, when used in the drinking water of fowls, constitutes a competent treatment for roup and fowl pox or diphtheria, and, when administered with respondent’s preparation In-Ha-Lo will prevent fowl pox or diphtheria; that its use will rebuild and tone up the system, and reduce fevers in poultry; that its use, combined with the administration of respondent’s In- Ha-Lo ‘constitutes an effective remedy for flu or infectious bronchitis, pneumonia and pleurisy in hogs, and will reduce fever, relieve feverish conditions, and build the hogs back to a normal condition. ‘ That use of its preparation Standard Scour Remedy will be effective in preventing scours in pigs, calves and colts; that said preparation constitutes an effective treatment for scours in pigs, calves and Findings: 41 FB. T.C.
colts; that said preparation, used in connection with respondent's P-O, constitutes a competent and effective treatment for the more severe cases of scours.
That its preparation Standard Sulpho-Carb Tabs, used in combination with respondent’s preparations P-O and Poultry Pills, will rid poultry of worms and infections; that said preparation, combined with P-O, will prevent. coccidiosis and worms; that said preparation constitutes an effective treatment for infections and infestation of the digestive tract and conditions arising therefrom; that it constitutes an effective treatment for and a preventive of coccidiosis, blackhead, fowl typhoid, bacillary white diarrhea, limberneck or botulism, and in combination with respondent’s Standard Stock Dip, for fowl] cholera.
That its preparation Standard Hog Tabs, combined with respondent’s P-O, will be effective in drying up ulcerated conditions in swine, and constitutes a competent treatment for necro; that its use will prevent necro; that its use, combined with respondent’s P-O and Hog Regulator, constitutes an effective remedy for bloody scours; that said preparation is endorsed or approved by Government veterinarians as a treatment for necro. That its preparation Farmers’ Reliable Worm Treatment will eraditate thornheaded worms, pinworms, whipworms and _ tapeworms, and constitutes an effective worm treatment generally for swine; that it constitutes an effective internal antiseptic and will purify the blood.
That its preparation Standard Stock Tonic constitutes an effective treatment for nervousness and worms and as a conditioner of livestock; that it is necessary for the well-being of steers to feed them Standard Stock Tonic or some similar preparation; that said preparation, combined with respondent’s Standard Feeding Oil, constitutes a competent remedy for garget in cows; that said preparation acts on the liver, invigorates the functions of many bodily organs; purifies the blood, aids in preventing breeding troubles, expels worms, stimulates the glands, and builds up the strength of steers and other livestock.
That its preparation In-Ha-Lo, used in combination with respondent’s preparation Standard Stan-O-Septic, constitutes a competent treatment for flu, pneumonia, and pleurisy in hogs; that it successfully attacks flu germs and eliminates choking phlegm from the lungs and throats of hogs; that said preparation, administered in combination with respondent’s Sulpho-Carb Tablets, constitutes an effective treatment for roup, fowl pox and mycosis in poultry, and will serve to clear the throats and lungs of mucus. IN STANDARD CHEMICAL MANUFACTURING COMPANY 23 3 Findings That its preparation Standard Feeding Oil contains Vitamin F; that ordinary animal feeds do not contain sufficient vitamins, and it is therefore necessary to administer respondent’s Standard Feeding Oil, or some similar. preparation in order to maintain the health of livestock; that the use of said preparation will be effective in preventing and treating scours in calves, pigs and cattle generally, in combatting breeding troubles, overcoming stubborn conception and in producing healthier calves; that its use will enable cattle to successfully resist disease, will aid sterile cows to become normal — breeders, increase milk production and lengthen the productive life of the cow. : That the use of its preparation Standard Dairy Mineral will build up the system of a cow, help to conquer noncontagious breeding troubles, and produce stronger calves; that it constitutes an effective intestinal antiseptic, tonic and laxative, and will help to — prevent scours, breeding troubles and weak calves; that it will assist in overcoming breeding troubles, will aid digestion and save feed. Par. 5. The aforesaid statements and representations are grossly exaggerated, false and misleading. In truth and in fact, respondent’s preparation, Standard P-O does not constitute a competent and effect remedy which will attack and eradicate tapeworm in swine and poultry. It will not be effective in the prevention or treatment of necro, scours, indigestion, thumps, and gastroenteritis in swine. It will not serve as a blood purifier and an aid to digestion. It will not aid in worming, conditioning, and building the health of poultry. Its use will not prevent development of worms. It will not successfully attack and expel roundworms and help to reduce worm trouble generally. It will not relieve coughing, and will not aid in clearing up bronchitis. Its use, either alone or combined with the administration of the preparation Standard Hog Regulator, does not constitute an effective treatment for rheumatism in hogs. Its use, either alone or in connection with the use of Standard Poultry Pills and Standard Sulpho-Carb Tabs, will not rid poultry of worms and infections.
Respondent’s preparation Standard Poultry Pills will not be effective in killing and removing tapeworms from fowls. The use of respondent’s preparation Standard Hog Regulator will not eliminate the need to worm pigs and will not prevent necro and gastroenteritis. Its use does not constitute an effective treatment for necro, scours, digestive ills and paralysis of the hindquarters. It will not prevent fermentation, nor will it act as a blood purifier and intestinal antiseptic, nerve food or tonic, and will not build vigor, expel pinworms and eliminate intestinal worms. Findings e 41 F. T.C. Its use will not reduce fever and strengthen the nerve centers; nor will its use, either alone or in combination with respondent’s P-O constitute an effective remedy for rheumatism and thumps in hogs. The use of respondent’s preparation Standard Sheep Regulator will not aid in eliminating stomach worms from sheep, and will not prevent stomach and digestive ailments, nor help to reduce bloat. It does not constitute an effective remedy for indigestion and its use will not increase digestion, will not successfully attack roundworms and other worms, prevent breeding troubles and serve as a blood purifier.
The administration of respondent’s preparation Standard Dairy Cow Regulator, either alone or in connection with respondent’s Standard Stock Tonic, will not steady the nerves and correct digestive faults and will not strengthen cows for milk production and for reproduction. Cows can usually obtain sufficient minerals from ordinary feed. The use of respondent’s Standard Dairy Cow Regulator or some other similar preparation will not serve to avoid Bang’s disease, abortion, tuberculosis and mastitis. Its use will not expel worms, help prevent and overcome breeding troubles, nor help prevent scours in calves or prevent weak calves, save feed and aid in digestion, and it will not serve as an intestinal antiseptic and tonic laxative.
The preparation Standard Swine Capsules does not constitute an effective treatment for the removal of thornheaded worms and pin worms from hogs.
The use of respondent’s preparation Hog Worm Oil will not expel worms-generally from hogs, and the said preparation does not constitute an effective treatment for removal of thornheaded worms and pinworms.
Respondent’s preparation Stan-O-Septic, when used in drinking water of fowls, or in any other manner, does not constitute a competent treatment for roup and fowl pox or diphtheria, and will not prevent fowl pox or diphtheria, either when used alone or in combination with respondent’s preparation In-Ha-Lo. Its use will not rebuild and tone up the system and will not reduce fevers in poultry. Its use, either alone or combined with the administration of respondent’s In-Ha-Lo does not constitute an effective remedy for flu or infectious bronchitis, pneumonia or pleurisy in hogs, and will not reduce fever or relieve feverish conditions and build the hogs back to a normal condition.
The use of respondent’s preparation Standard Scour Remedy will not be effective in preventing scours in pigs, calves and colts. Said STANDARD CHEMICAL MANUFACTURING COMPANY 25 Be Findings preparation does not constitute an effective treatment for scours in pigs, calves and colts and used alone or in connection with respondent’s P-O does not constitute a competent and effective treatment for the more severe cases of scours.
Respondent’s preparation Standard Sulpho-Carb Tablets, used either alone or in combination with respondent’s preparations P-O and Poultry Pills, will not rid poultry of worms and infections. Said preparation, either alone or combined with P-O will not prevent coccidiosis and worms. Said preparation does not constitute an effective treatment for infections and infestation of the digestive tract and conditions arising therefrom. It does not constitute an effective treatment for and preventive of coccidiosis, blackhead, fowl typhoid, bacillary white diarrhea, limberneck or botulism, or for fowl cholera, either administered alone or in combination with respondent’s Standard Stock Dip. ; Respondent’s preparation Standard Hog Tabs, either alone or combined with respondent’s P-O will not be effective in drying up ulcerated conditions in swine, and does not constitute a competent treatment for necro. Its use will not prevent necro, and when used, either alone or combined with respondent’s P-O and Hog Regulator, does not constitute an effective remedy for bloody scours. Said preparation is neither endorsed nor approved by government veterinarians as a treatment for necro.
Respondent’s preparation Farmers’ Reliable Worm Treatment will not eradicate thornheaded worms, pinworms, whipworms, and tapeworms, and does not constitute an effective worm treatment generally for swine. It does not constitute an effective internal antiseptic and will not purify the blood.
Respondent’s preparation Standard Stock Tonic does not constitute an effective treatment for nervousness and worms and as a conditioner of livestock. It is not necessary for the well-being of steers to feed them Standard Stock Tonic or some similar preparation. Said preparation when used either alone or combined with respondent’s Standard Feeding Oil, does not constitute a competent remedy for garget in cows. Said preparation does not act on the liver, invigorate the functions or many bodily organs, purify the blood, aid in preventing breeding troubles, expel worms, stimulate the glands or build up the strength of steers and other livestock. Respondent’s preparation Standard In-Ha-Lo, used alone or in combination with respondent’s preparation Standard Stan-O-Septic, does not constitute a competent treatment for flu, pneumonia, and pleurisy in hogs. It does not successfully attack flu germs and eliminate choking phlegm from the lungs and throats of hogs. Said S Findings So a oe preparation, when used either alone or in combination with respondent’s Sulpho-Carb Tablets, does not constitute an effective treatment for roup, fowl pox and mycosis in poultry, and will not serve to clear the throats and lungs of mucus.
Respondent’s preparation Standard Feeding Oil does not contain Vitamin F, and it is the consensus of opinion among scientists in the field of nutrition, that there is no substance which can properly be designated as Vitamin F, Ordinary animal feeds usually contain sufficient vitamins, and it is not necessary to administer respondent’s Standard Feeding Oil or any similar preparation in order to maintain the health of animals. The use of the said preparation will not be effective in preventing and treating scours in calves, pigs and cattle generally, nor in combatting breeding troubles, overcoming stubborn conception and producing healthy calves. Its use will not enable cattle to successfully resist disease, and will not aid sterile cows to become normal breeders, increase milk production and lengthen the productive life of the cow. ) The use of respondent’s preparation Standard Dairy Mineral will not build up the system of a cow nor help to conquer noncontagious breeding troubles, and will not produce stronger calves. It does not constitute an effective intestinal antiseptic, tonic, and laxative, and will not help to prevent scours, breeding troubles, and weak calves. It will not assist in overcoming breeding troubles, will not aid digestion, and will not save feed.
Par. 6. There is no drug known to science which constitutes an effective treatment for the destruction of tapeworms in poultry. Some of respondent’s preparations contain the drug Kamala which will destroy certain segments or joints that grow from the head of the tapeworm, but leaves the head of the worm intact and alive in the chicken and this live head will continue to reproduce tapeworms in the chicken indefinitely. Moreover, hogs are not subject to tapeworm infestation and, therefore, all references in respondent’s advertising of any of its said preparations as treatments, remedies, or preventives for tapeworm infestation of swine, relate to a physical condition which does not exist.
Par. 7. The name by which respondent designates its preparation Egg-O-Day for chickens is in itself grossly deceptive and misleading, in that it implies that its use will assure the production of an egg a day from each hen to which it is given, when in truth, the use of the preparation will not give assurance of daily egg production by each hen.
Par. 8. The use by the respondent of the aforesaid false, deceptive, and misleading statements and representations, disseminated as STANDARD CHEMICAL MANUFACTURING COMPANY vat 3 Order _ aforesaid, with respect to its said preparations, has the capacity and tendency to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that such false statements, representations, and other advertising are true, and, because of such mistaken and erroneous belief, into the purchase of substantial quantities of respondent’s said preparations. 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 amended complaint of the Commission, the answer of the respondent, and a stipulation as to the facts entered into between the respondent herein and Richard P. Whiteley, Assistant Chief Counsel for the Commission, which provides, among other things, that without further evidence or other intervening procedure, the Commission may issue and serve upon the respondent herein findings as to the facts and conclusion based thereon and an order disposing of the proceeding, and the Commission haveing made its findings as to the facts and its conclusion that said respondent has violated the provision of the Federal Trade Commission Act. It is ordered, That the respondent, Standard Chemical Manufacturing Company, a corporation, its officers, representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of its preparations “Standard P-O,” “Standard Poultry Pills,” “Standard Hog Regulator,” “Standard Sheep Regulator,” “Standard Dairy Cow Regulator,” “Standard Swine Capsules,” “Hog Worm Oil,” “Stan-O-Septic,” “Standard Scour Remedy,” “Standard Sulpho- Carb Tablets,” “Standard Hog Tabs,” “Farmers’ Reliable Worm Treatment,” “Standard Stock Tonic,” “Standard In-Ha-Lo,” “Standard Feeding Oil,” and “Standard Dairy Mineral,” or any preparations of substantially similar composition or possessing substantially properties, whether sold under the same names or any other names, do forthwith cease and desist from directly or indirectly : 1. 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 represents directly or through inference: 688612—48—5 “by eco Order 41 F.T.C.
(a) That the preparation “Standard P-O” constitutes a competent and effective remedy for the eradication of tapeworms in swine or poultry, or that swine are subject to or may be afflicted with tapeworm infestation; that said preparation will be effective in preventing or treating necro, scours, indigestion, thumps, or gastroenteritis in swine; that it will purify the blood or aid digestion; that it will aid in worming poultry or conditioning or improving the health thereof; that its use will prevent the development of worms, or that it will attack and expel roundworms or assist in reducing worm trouble generally; that it will relieve coughing or help to clear up bronchitis in poultry, swine, or other animals; that its use, either administered alone or in combination with “Standard Hog Regulator,” constitutes an effective treatment for rheumatism in swine; that its use, either alone or in connection with “Standard Poultry Pills” and “Standard Sulpho-Carb Tablets,” will eliminate worms and infections from poultry. (6) That the preparation “Standard Poultry Pills” constitutes a competent and effective remedy for tapeworm infestation of fowls, or that the use thereof will be effective in killing or removing tapeworms from fowls.
(c) That the use of the preparation “Standard Hog Regulator” will eliminate the need or advisability of worming pigs or swine generally, or will prevent necro or gastroenteritis in pigs or swine; or that its use constitutes an effective treatment for necro, scours, digestive troubles, or paralysis of the hindquarters; that it will prevent fermentation, purify the blood, or serve as an intestinal antiseptic, nerve food, or tonic; that it will build or promote vigor, expel pinworms, or eliminate intestinal worms; or that its use will reduce fever or strengthen the nerve centers; that its use, either alone or combined with “Standard P-O,” constitutes an effective remedy for rheumatism or thumps in hogs.
(d) That the use of the preparation “Standard Sheep Regulator” will help to eliminate stomach worms from sheep, or will prevent stomach and digestive ailments, or will aid in reducing bloat; or that it constitutes an effective remedy for indigestion, or will serve to increase or improve digestion; that it will successfully attack roundworms or other worms, prevent breeding troubles, or act as a blood purifier.
(e) That the use of the preparation “Standard Dairy Cow Regulator,” either alone or in connection or combination with “Standard Stock Tonic,” will steady the nerves, correct digestive faults, or strengthen cows for milk production or reproduction; that its use or the use of some other similar preparation will serve to prevent or STANDARD CHEMICAL MANUFACTURING COMPANY 29 3 Order avoid Bang’s disease, abortion, tuberculosis, or mastitis; that its use will expel worms, help prevent or overcome breeding troubles, aid in preventing scours in calves, or help prevent weakness in calves; that it will save feed, aid digestion, or serve as an intestinal antiseptic, or tonic laxative.
(f) That the preparation “Standard Swine Capsules” constitutes an effective treatment for removing thornheaded worms or pinworms from hogs.
(g) That the preparation “Hog Worm Oil” constitutes an effective treatment for the removal of thornheaded worms or pinworms from hogs, or that its use will expel worms generally from hogs. (h) That the preparation “Stan-O-Septic,” used in any manner whatever, either alone or in combination with respondent’s preparation “In-Ha-Lo,” constitutes a competent treatment for roup, fowl, pox, or diphtheria in fowls, or will prevent fowl pox or diphtheria; that the use of “Stan-O-Septic” will rebuild, revitalize, tone up, or stimulate the system, or serve to reduce fevers in poultry; that its — use, either alone or with “In-Ha-Lo,” constitutes an effective remedy or treatment for flu, infectious bronchitis, pneumonia, or pleurisy in hogs, or that it will reduce fever, afford relief for feverish conditions, or build hogs back to a normal condition. (2) That the use of the preparation “Standard Scour Remedy’’ constitutes an effective treatment for scours, or will prevent scours in pigs, calves, or colts; that when administered alone or in connection with respondent’s “P-O,” the said preparation constitutes a competent and effective treatment for severe cases of scours. (7) That the preparation “Standard Sulpho-Carb Tablets” constitutes an effective treatment for infections or infestations of the digestive tract in poultry or for conditions arising from said ailments; that the use of said preparation, alone or combined with “Standard P-O” and “Standard Poultry Pills,” will serve to rid ‘poultry of worms and infections; that said preparation, either administered alone or in combination with “Standard P-O,” will be effective in preventing coccidiosis or worms in poultry; that said preparation, used either alone or combined with respondent’s “Standard Stock Dip,” constitutes an effective treatment for coccidiosis, blackhead, fowl typhoid, bacillary white diarrhea, limberneck, botulism, or fowl cholera, or will effectively prevent any of these troubles in poultry.
(k) That the use of the preparation “Standard Hog Tabs,” either alone or combined with “Standard P-O,” will be effective in the treatment of or in drying up ulcerated conditions in swine, or constitutes a competent treatment for necro; that the use of said prepa- Order 41 F.T.C.
ration will prevent necro, or that its use, either alone or in combination with “Standard P-O” and “Standard Hog Regulator,” constitutes an effective remedy for bloody scours; that the use of said preparation is, or has been, endorsed or approved by Government veterinarians as a treatment for necro. (1) That the preparation “Farmers’ Reliable Worm Treatment” will serve to eliminate thornheaded worms, pinworms, whipworms, or tapeworms from swine, or that it constitutes an effective treatment generally for worms in swine, or that it constitutes an effective antiseptic for internal use, or will purify the blood of swine. (m) That the preparation “Standard Stock Tonic” constitutes an effective treatment for nervousness, worms, or as a conditioner of livestock, or that it will act on the liver, invigorate the functions of many bodily organs, purify the blood, help to prevent breeding troubles, expel worms, stimulate the glands, or improve, increase, or build up the strength of livestock; that it is necessary for the well-being of steers to feed them respondent’s said product, or any similar preparation; that “Standard Stock Tonic,” when used either alone or in combination with “Standard Feeding Oil,” constitutes a competent remedy or treatment for garget in cows. ' (n) That the preparation “Standard In-Ha-Lo” will effectively attack flu germs or eliminate choking phlegm from the lungs or throats of hogs; that it constitutes, when used alone or in combination with “Stan-O-Septic,” a competent treatment for flu, pneumonia, or pleurisy in hogs; that its use, either alone or combined with respondent’s “Sulpho-Carb Tablets,” constitutes an effective treatment for roup, fowl pox, or mycosis, or will serve to clear mucus from the throats and lungs of poultry.
(0) That the preparation “Standard Feeding Oil” contains a substance or element designated as Vitamin F; that ordinary animal feeds do not contain sufficient vitamins, or that 1t is necessary for the maintenance of the health of animals to administer respondent’s said preparation or any similar preparation to them; that the use of said preparation will be effective in preventing or treating scours in calves, pigs, or cattle generally, or in combatting breeding troubles, overcoming stubborn conception, or producing healthy calves; that through its use cattle will be enabled to successfully resist disease; that it will aid sterile cows to become normal breeders, will increase milk production, or will lengthen the productive life of the cow.
(p) That the administration of the preparation “Standard Dairy Mineral” will build up the system or help to conquer non-contagious breeding troubles in a cow, or will produce stronger calves; that STANDARD CHEMICAL MANUFACTURING COMPANY 31 3 Order said preparation constitutes an effective intestinal antiseptic, tonic, or laxative, or will aid in preventing scours, breeding troubles, or -weak calves; that its use will help to overcome breeding troubles or will aid digestion, or that it will be the means of saving feed. 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 said preparations: “Standard P-O,” “Standard Poultry Pills,” “Standard Hog Regulator,” “Standard Sheep Regulator,’ “Standard Dairy Cow Regulator,” “Standard Swine Capsules,” “Hog Worm Oil,” “Stan-O-Septic,” “Standard Scour Remedy,” “Standard Sulpho- Carb Tablets,” “Standard Hog Tabs,” “Farmers’ Reliable Worm Treatment,” “Standard Stock Tonic,” “Standard In-Ha-Lo,” “Standard Feeding Oil,” and “Standard Dairy Mineral,” which advertisement contains any of the representations prohibited in paragraph 1 hereof.
It is further ordered, 'That the respondent, its officers, representatives, agents, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale and distribution in commerce, as “commerce” is defined in the Federal Trade Commission Act, of its preparation for chickens now or heretofore designated as “Egg-O-Day,” or any preparation of substantially similar composition or possessing substantially similar properties, do forthwith cease and desist from the use of the term or name “Egg- O-Day,” or any similar name or other designation or identifying or descriptive phrase for its said preparation, which name, designation, or phrase indicates, intimates, implies, or infers that the use of said preparation will result in or assure the production of an egg a day by each hen to which it is administered.
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.
32 FEDERAL TRADE COMMISSION DECISIONS a Complaint 41 F.T.C.