W.L. Abt

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In roe Marrer or W.L. ABT COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 5455. Complaint, July 25, 1946—Decision, Mur. 8, 1950 Where an individual engaged in the interstate sale and distribution of nine food and drug products designated Tasty Soup Mix, Erbecell, Garlic-Tabs, Laxa- Tabs, Carrot Tabs, Mucin Oide, Iron-X, Vitamin B Ration and Wheatex-B ; In advertising his said preparations through circulars entitled “Presenting 10 Dietary Aids to Health and Vigor’ and “Break the Chains that Sap your Health,” sent to food stores dealing in his products for distribution to the public, and through advertisements in the magazines “Vita Health News,” “Foods for Health and Enjoyment” and “Nature’s Path”, and otherwise, directly and by implication— (a) Falsely represented that his “Tasty Soup Mix” would “energize” the eater by increasing the capacity for exertion in some manner other than supplying nutrition, through the statement “* * * a delightful soup mix that nourishes and energizes” ;

Falsely represented that his ‘Erbecell” would relieve the discomfort of dyspepsia and griping bowels; when in fact it had no more than a limited effect in the relief of flatulence; ;

(¢) Falsely represented that ‘“Garlic-Tabs” were an effective treatment for the symptoms of some types of high blood pressure; would relieve the associated symptoms of dullness, fatigue, nervousness, dizziness, ringing in the ears, and throbbing in the head; make abnormal blood normal; and impart vim and vigor; that it possessed tonic qualities and would reduce “intestinal putrefaction”; and that one was benefited by reducing such “putrefaction” ; The facts being said ‘“Garlic Tabs” possessed no other therapeutic or tonic properties than those of a carminative agent; reduction of “intestional putrefaction” of food, which is a normal part of the digestive process, would be highly detrimental; and accepted treatment for abnormal putrefaction is to eliminate the material itself; and said tabs would be wholly without effect for either; :

(d@) Falsely represented that as a consequence of the use of “Laxa-Tabs” the bowels would regularly evacuate themselves without assistance; that they induced the natural bowel movements, and were “natural” regulators and eliminants; that their action was prompt and non-irritating; that they possessed tonic and astringent properties; and that the longer they were used the less they would be needed ;

(€) Falsely represented that their “Carrot-Tabs” were an aid to digestion, possessed antiseptic qualties, and would limit or reduce putrefaction changes in the body to the benefit of the user; and that their “Mucin-Oide”’ was soothing to nervous or irritated stomachs, would palliate the pain incident to peptic ulcers or gastritis, and form a protective coating of the stomach which protected it against stomach acids;

(6 ~ 854002—52. 40 Syllabus 46 F.T.C.

(f) Represented that a deficiency of iron in the system might produce anemia and result in impaired energy, unnatural thinness, impaired power and weak resistance to disease, and that such anemia and the said manifestations thereof would be cured or substantially benefited by the use of “Iron- x”, taken as directed ;

The facts being that in the relatively rare cases in which conditions above set forth are due to iron deficiency, effective therapy requires an iron dosage far greater than is provided by said “‘Iron-X” ; (g) Represented that fatigue, irritability, nervousness, lack of vitality, lack of appetite, digestive disturbances and graying of the hair are due to deficiences in various components of the Vitamin B-Complex and would be cured or substantially benefited by the use of “B-Ration”; that, taken as directed, it would supply the normal daily adult requirements of Vitamin B-Complex, supply the user with 1000 International units per day of the components thereof, assure the user against dietary deficiency therein and contribute to body health, vitality and well-being; and that it would promote the tone of the intestinal muscles and help to digest carbohydrates, and that all persons would be benefited by taking it; The facts being that in the infrequent cases in which aforesaid ailments are attributable to a deficiency in said Complex, they would not be substantially benefited by the use of “B-Ration’’, since effective vitamin therapy requires a dosage far greater than is provided by said product; with the exception of Vitamin B:, none of its components are measured in terms of “International Units”, and the product cannot be described in terms of such units; used as directed it assures only against deficiency in Vitamins B: and B:; and its only value is as a dietary supplement to persons whose usual diet is deficient in one or more of its components ;

(h) Represented that nervousness, constipation, loss of appetite and consequent listlessness are due to deficiencies in Vitamin B-Complex, iron, calcium or phosphorous, and would be cured or substantially benefited by the use of “Wheatex-B”; that said product contained therapeutically significant amounts of said Complex and minerals, and that by its use the capacity for exertion would be increased in some manner other than by supplying nutrition; and that all persons would be benefited by taking it; The facts being that in the relatively rare cases in which the above conditions are due to such a deficiency, they would not be cured or substantially benefited by the use of said product, which does not contain said Complex or minerals in therapeutic amounts, and its only value is as a dietary supplement in eases of deficient diet;

With tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that said advertisements were true, and thereby induce its purchase of said products: 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.

As respects the charge in the complaint that the use of the preparation “Laxa- Tabs,” as an irritant laxative—which contained senna and rhubarb root—was not always safe and harmless to all individuals, used under prescribed or customary conditions, the Commission, subsequent to the issuance of the complaint, administratively determined that the potential danger resulting Www. L. ABT . 581 579 Complaint from the use of such preparations under such conditions are not of sufficient | seriousness to justify a requirement that the respondent affirmatively disclose in advertising all facts material with respect to the consequences which might result from its use; and therefore no findings of facts were made with respect thereto.

In said proceeding the record contained no evidence with respect to the charges in the complaint concerning the product “Papaya-Lets,” and consequently no findings of facts in regard thereto were made. Before Mr. Everett F. Haycraft, trial examiner. Mr, Randolph W. Branch for the Commission. Kegan & Kegan, 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 W. L. Abt, an individual, 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: Paracrapn 1. Respondent, W. L. Abt, is an individual with an office and principal place of business at 188 West Randolph Street, Chicago, Till. He trades and does business under his own name, and also the names Abt Laboratories, Abt Institute, Abt Products, Abt Institution of Natural Therapy, and Abt Products Co.

Par. 2. Respondent is now, and has been for more than 2 years last past, engaged in the business of selling and distributing various food and drug products, as “food” and “drug” are defined in the Federal ‘Trade Commission Act.

The designations used by respondent for the said products, and the formulas and directions for use thereof, are as follows: Designation: “Tasty Soup Mix”

Formula: Dehydrated Okra, Parsnips, Turnips, Celery, Kelp, Carrots, Leek, Rutabaga, Tomatoes, Beans, Parsley, Soya Beans, Potatoes, potato peelings, wheat germ, salt.

Directions: Use to make soup by adding water, or on salad, in salad dressing or on buttered bread or toast.

Designation: “Erbecell”’ .

Formula: Golden Seal Root, Fennel Seed.

Directions: One tablet before noon and evening meals. Designation > “Garlic-Tabs”

Formula: Garlic, Parsley.

Directions: 1 or 2 tablets twice a day just before meal time. Designation:

Formula:

Directions:

Designation :

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Formula:

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Complaint 46 ¥F, T, 0.

“Papaya-Lets”

Papain (2% grains), Alfalfa.

1 or 2 tablets after each meal.

“Laxa-Tabs”

Powdered dehydrated Okra, Irish Moss, Parsley, Rhubarb Stalk and Root, Senna and Asparagus. Hach tablet contains 8 grains. Adults 2 tablets with evening meal, 2 upon retiring. Infants and small children, as prescribed by physician. “Carrot Tabs” , Dehydrated Raw Carrots—each tablet contains 7 grains. Four tablets twice a day just before mealtime. “Mucin-Oide”

Okra, Persimmon, Alfalfa, Celery Root.

4 tablets before meals, 8 times a day.

“Tron-X”

Alfalfa, Carrot Leaves, Sea Dulce, Mustard Greens, Parsley, Turnip Leaves, Water Cress, Ferric Citrate (organic). Hach Tablet contains 10 grains of organic iron. Adults, one to four tablets daily (Two with noon meal, one or two with evening meal.) Children under five, one tablet daily with noon or evening meal. “Vitamin B Ration”

Vitamin Bi, 85 U. S. P. units Riboflavin (B. or G), 250 gamma Niacin, 250 gamma Pyridoxine (Bs), 42 gamma Pantothenic Acid, 135 gamma Five or six tablets daily.

Another formula for “Vitamin B Ration”:

Vitamin Bi 250 micrograms Vitamin Be + 500 micrograms Vitamin Be - 42 micrograms Pantothenic Acid 115 micrograms Niacin _ 250 micrograms plus all other B-complex factors.

The directions for this formula are:

“Four tablets daily will supply the daily minimum requirements of both Vitamin B, and B.”

Designation:

Formula:

Directions:

“Wheatex-B”

Natural Wheat Germ ;

One or more tablespoons daily.

Respondent causes the said products, when sold, to be transported from his place of business in the State of Illinois to purchasers thereof located in other States of the United States and in the District of | W. L. ABT 583 579 Complaint Columbia. Respondent maintains, and at all times mentioned herein _ has maintained, a course of trade in his said products 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 his business, respondent, subsequent to March 21, 1938, has disseminated and caused the dissemination of certain advertisements concerning his said products by the United States mails and by various means in commerce, as “commerce” is defined in the Federal Trade Commission Act, for the purpose of inducing and which were likely to induce, directly or indirectly, their purchase, including, but not limited to, certain circulars entitled “Presenting 10 Dietary Aids to Health and Vigor” and “Break the Claims that Sap your Health,” sent by. respondent to food stores in various States of the United States which deal in his products, for distribution to members of the public, and advertisements in “Vita Health News” magazine, January 1942 and March and April 1944 issues, “Foods for Health and Enjoyment” magazine, May 1943 issue, and “Nature’s Path” magazine, May 1944 issue, all of which magazines are distributed by the United States mails, and by other means in commerce as “commerce” is defined in the Federal Trade Commission Act; and respondent has disseminated and caused the dissemination of advertisements concerning his said products by various means including, but not limited to, the circulars and advertisements referred to above, for the purpose of inducing and which were likely to induce, directly or indirectly, the purchase of his said products in commerce as “commerce” is defined in the Federal Trade Commission Act. Par. 4. Among the statements and representations contained in the said advertisements disseminated as aforesaid with respect to “Tasty Soup Mix,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor,” is the following: * * * 4 delightful soup mix that nourishes and energizes. Par. 5. Through the use of the advertisements containing the statement and representation hereinabove set forth in paragraph 4, and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, that his “Tasty Soup Mix” will “energize” the eater by increasing the capacity for exertion in some manner other than supplying nutrition.

Par. 6. The said advertisements are misleading in material respects and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Tasty Soup Mix” possesses no “energizing” properties beyond those of a nutrient. Complaint 46 F. T.C.

Par. 7. Among the statements and representations contained in the said advertisements disseminated as aforesaid with respect to “Erbecell,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor” and in the advertisement in “Foods for Health and Enjoyment,” May 1943 issue, are the following: * * * to relieve the discomfort of dyspepsia—or griping bowel. Anyone who knows the true value of Golden Seal and Fennel to dyspepsia sufferers will appreciate Erbecell.

Par. 8. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 7, and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, that “Erbecell” will relieve the discomfort of dyspepsia and griping bowls. Par. 9. The said advertisements are misleading in material respects and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Erbecell” will not relieve the discomfort of dyspepsia or griping bowels. The only value of the preparation is for flatulence, where it has a limited effect. Par. 10. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “Garlic- Tabs” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor,” and in the advertisements in “Vita Health News,” March and April 1944 issues, are the following: Sufferers from some types of high blood pressure have found garlic an effective normalizer.

Also known to reduce intestinal putrefaction. Results observed for relief of :

Dullness Fatigue Nerves Dizziness Ear Ringing Head throbs associated with high blood pressure.

Observe the effects it has as a blood normalizer and builder upper. Feel more fit. Take Garlic-Tabs.

Par. 11. Through the use of the advertisements containing the statements and representations hereinbefore set forth in paragraph 10 and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, that “Garlic-Tabs” are an effective treatment for high blood pressure; will relieve the associated symptoms of dullness, fatigue, nervousness, dizziness, ringing in the ears, and throbbing in the head; will make abnormal blood normal, and impart vim and vigor; that said product possesses tonic qualities and will reduce “intestinal putrefaction”; that one is benefited by reducing “intestinal putrefaction.”

W. L. ABT . 585 579 Complaint Par. 12. The said advertisements are misleading in material respects and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Garlic-Tabs” are. not an effective treatment for hypertension or will they relieve any of its associated symptoms. They have no effect whatever upon abnormal blood conditions, nor will they increase vim or vigor. They possess no tonic properties nor any therapeutic properties except as a carminative agent. “Intestinal putrefaction” of food is a normal part of the digestive process and its reduction would be highly detrimental. . In the presence of a disease condition there may be an abnormal putrefaction in the intestine for which the accepted treatment is to eliminate the material itself and not to “reduce putrefaction,” for either of which “Garlic-Tabs” would be wholly without effect. Par. 18. Among the statements and representations contained in said advertisements, disseminated as aforesaid with respect to “Papaya-Lets,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor,” and in the advertisement in “Nature’s Path,” May 1944 issue, are the following:

Marvelous for sour stomach, poor digestion, gas pains. Papaya-Lets contains 24 full grains of papain, a digestive ferment from papaya melons.

Papain is capable of digesting up to 3000 times its own weight of protein. For digestive relief, try Papaya-Lets.

Par. 14. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 13 and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, that “Papaya-Lets” are of value in the treatment of and for the relief of sour stomach, poor digestion, indigestion and gas pains, and that papain acts in the body as a digestant of protein.

Par. 15. The said advertisements are misleading in material respects and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Papaya-Lets” are of no therapeutic value in the treatment of the causes of or in the relief of any ailment of the digestive system or the symptoms thereof, including sour stomach, poor digestion, indigestion and gas pains. Papain possesses the power to digest protein under certain conditions, but these conditions do not obtain in the human body. Par. 16. Among the statements and representations contained in said advertisement, disseminated as aforesaid, with respect to “Laxa- Tabs,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor,” in the advertisement in “Foods for Health and Complaint 46 F.T.C.

Enjoyment,” May 1943 issue, and in the circular “Break the Chains That-Sap Your Health,” are the following:

The new modern way to regularity.

Works gently * * *.

* * * a natural regulator * * *, The more you take, the less you need.

Natural eliminant for the bowel.

* * * the gentle, natural action of Dr, Abt’s Laxa-Tabs. Compounded from 7 natural vegetables, known for their tonic, astringent and © laxative properties. :

Laxa-Tabs furnish a gentle activator for the torpid bowel. Par. 17. Through the use of the advertisements containing the state- '. ments and representations hereinabove set forth in paragraph 16, and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, the “Laxa-Tabs” are an effective treatment for the underlying causes of constipation, and that ‘as a consequence of their use the condition of the bowels will be such that they will regularly and sporitanéously evacuate themselves without assistance; that the bowel movements which they induce are “natural,” and that they are “natural” regulators and eliminants; that ‘their action is gentle and nonirritant; that they possess tonic and astringent properties, and that the longer they are used the less they will be needed.

Par. 18. The said advertisements are misleading in material respects, and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Laxa-Tabs” are not an effective treatment for the underlying causes of constipation. Their use will not promote or induce such a condition of the bowels that they will regularly and spontaneously evacuate themselves, The bowel movements which they induce are not natural but artificial, and they are neither a natural eliminant nor a natural regulator. Said preparation contains senna and rhubarb root, both of which are irritant laxatives, and the action of “Laxa-Tabs” is neither gentle nor .nonirritant. They possess no tonic properties, and their astringent properties are insignificant.

Par. 19. The said advertisements of “Laxa-Tabs” are further misleading and constitute “false advertisements,” as that term is defined in the Federal Trade Commission Act, for the reason that they fail to reveal facts material in the light of the representations set forth in said advertisements and material with respect to the consequences which may result from the use of said preparation under the conditions prescribed in said advertisements or under such conditions as are Www. L. ABT 587 579 Complaint customary or usual. In truth and in fact, this preparation is an irritant laxative, and is potentially dangerous when taken by one suffering from abdominal pains, nausea, vomiting or other symptoms or appendicitis.

Par. 20. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “Carrot-Tabs,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor” is the following: Carrots—serve many as a digestive aid and is known to possess “antiseptic” qualities which help limit putrefactive changes in the body. A real health help to nutrition.

Par. 21. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 20, and others similar thereto not specifically set. out herein, respondent has represented, directly and by implication, that “Carrot-Tabs” are an aid to digestion, possess antiseptic qualities and will limit or reduce “putrefactive changes” in the body to the benefit of the user. Par. 22. The said advertisements are misleading in material respects, and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Carrot-Tabs” are not an aid to digestion nor do they possess antiseptic properties. They are of no therapeutic value where there is a putrescent condition of body tissue, either present or potential. The putrefaction of food in the intestine is a normal part of the digestive process and its reduction would be highly detrimental. In the presence of a disease condition there may be an abnormal putrefaction in the intestine for which the accepted treatment is to eliminate the material itself and not to “reduce putrefaction,” for either of which “Carrot-Tabs” would be wholly without benefit.

Par. 23. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “Mucin-Oide” and specifically in the circulars “Break the Chains that Sap Your Health” and “Presenting 10 Dietary Aids to Health and Vigor,” and the advertisement in “Foods for Health and Enjoyment,” May 1948 issue, are the following:

Kind to nervous, irritated stomachs.

Peptic Ulcers, Gastritis. To help control the pains of peptic ulcers and gastritis. * * °* forms a protective coating against the hydrochloric acid of the stomach, often relieves irritated membranes and aids in binding excess stomach acids.

Par. 4. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 23, and Complaint 46 F.T.C.

other similar thereto not specifically set out herein, respondent has represented, directly and by implication, that “Mucin-Oide,” is soothing to nervous or irritated stomachs, will palliate the pain incident to peptic ulcers or gastritis and forms a protective coating of the stomach which protects it against stomach acids. Par. 25. The said advertisements are misleading in material respects, and are “false. advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Mucin-Oide” will not soothe “nervous” or irritated stomachs. Taken as directed it will afford no significant relief to the pain incident to peptic ulcers or gastritis. It will not neutralize stomach acids, and the amount of protective mucilaginous substance which is available for deposit on the stomach wall is insignificant.

Par. 26. Among the statements and representations contained in said advertisements, disseminated as aforesaid with respect to “Iron- X,” and specifically in the circulars “Presenting 10 Dietary Aids to Health and Vigor” and “Break the Chains that Sap Your Health,” are the following:

Lack of Iron in the blood may cause simple anemia, impaired energy, * * * It takes iron to make rich red blood.

Iron * * * Jack of it causes simple anemia, which results in poor energy, unnatural thinness, pallor and weak resistance to disease. Par. 27. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 26, and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, that impaired energy, unnatural thinness, pallor and weak resistance to disease are due to anemia caused by a deficiency of iron in the system, and that such anemia and the said manifestations thereof will be cured or substantially benefited by the use of “Iron-X,” taken as directed, and that from the presence of such conditions the existence of a deficiency in iron can be determined by the general public with a reasonable degree of certainty.

Par. 28. The said advertisements are misleading in material respects, and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact the causes of impaired energy, unnatural thinness, pallor and weak resistance to disease are numerous, and these conditions are only infrequently due to an iron deficiency and subject to correction or improvement by its use. In the relatively rare cases where the said conditions are due to iron deficiency, adequate and effective therapy by the use of iron requires a dosage far greater than is provided by respondent’s prepara- Www. L. ABT 589 579 Complaint tion, taken as directed, and such iron deficiency, and its manifestations, will not be cured or substantially benefited by the use of “Iron-X” as directed. It is impossible for members of the general public, from the common symptoms to which respondent refers, to determine the existence of a deficiency in iron with any reasonabie degree of certitude. Par. 29. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “B- Ration,” and specifically in the advertisement in “Vita Health News,” January 1942 issue, and the circulars “Presenting 10 Dietary Aids to Health and Vigor,” and “Break the Chains that Sap your Vicor, ” are the following:

Gain * * * Retain * * * Health with Dr. Abt’s Dietary Aids. Have you a hidden hunger for ‘the B vitamins? Then let B-Ration be your body builder. Don’t allow a shortage in your system to make you tired, irritable, nervous, cause lack of appetite or possible gastro-intestinal disturbances when 1000 International units per day will go a long way in helping you capture permanent vitality. :

To promote intestinal muscle tone, help restore jaded appetite, return. vitality to your system and contribute to an above average nutritional condition, buy the natural Vitamin B Complex, B-Ration.

It contains * * * pyrodoxine, pantothenic acid * * * all necessary for body building. :

Vitamin B tends to aid the nerves and appetite, help digest carbohydrates. Abt’s Vitamin B Ration contains * * * 185 gamma of Pantothenia (sometimes called the “anti-gray hair factor’). Vitamin B is not merely one vitamin, but actually several vitamins, known as B-Complex, * * * 5 tablets daily supply the normal daily requirement of Vitamin B. :

Be sure of your health—be sure of the vitamins and minerals you take. Join the thousands who depend on Abt products.

Par. 30. Through the use of the advertisements and representations containing the statements and representations hereinabove set forth in paragraph 29, and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, that fatigue, irritability, nervousness, lack of vitality, lack of appetite, digestive disturbances and changing of the color of the hair to gray are due to deficiencies in various components of the vitamin B-complex, and will be cured or substantially benefited by the use of “B-Ration”; that from the presence of said conditions the existence of a deficiency in Vitamin B-complex can be determined by members of the general public with reasonable certitude; that “B-Ration,” taken as directed, will supply the normal daily adult requirement of Vitamin B-complex, will supply the user with 1,000 international units per day of the components of vitamin B-complex, assure the user against dietary Complaint 46 F.T.C.

deficiency in vitamin B-complex, and contribute to bodily health, vitality and well-being; that it will promote the tone of the intestinal muscles and help to digest carbohydrates and that all persons will be benefited by taking it.

Par. 81. The said advertisements are misleading in material respects, and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact the causes of fatigue, irritability, nervousness, lack of vitality, and lack of appetite ares 1 2 3 1 2 753 1041 179 23 96.013924 numerous5 1 2 3 1 3 953 1032 66 32 96.574135 ands 1 2 3 1 4 1039 1031 81 43 96.572723 they5 1 2 3 1 5 1141 1043 56 22 96.443153 ares 1 2 3 1 6 1216 1032 80 42 96.354492 only5 1 2 3 1 7 1315 1031 232 44 96.154724 infrequently5 1 2 3 1 8 1569 1033 219 34 96.740364 attributable5 1 2 3 1 9 1807 1037 36 29 96.844467 to5 1 2 3 1 10 1865 1046 18 21 93.031761 a5 1 2 3 1 11 1905 1034 80 34 92.173874 defi-4 1 2 3 2 0 676 1080 1306 47 -1 5 1 2 3 2 1 676 1080 116 43 96.546898 ciency5 1 2 3 2 2 805 1082 37 32 96.978523 in5 1 2 3 2 3 856 1082 145 33 95.828415 vitamins 1 2 3 2 4 1014 1082 209 43 95.320412 B-complex.5 1 2 3 2 5 1267 1083 109 33 95.320412 When5 1 2 3 2 6 1393 1084 64 32 96.694054 dues 1 2 3 2 7 1471 1088 36 28 96.139740 to5 1 2 3 2 8 1522 1085 81 31 96.139740 such5 1 2 3 2 9 1618 1085 180 42 96.689461 deficiency5 1 2 3 2 10 1814 1085 81 42 97.017418 they5 1 2 3 2 11 1910 1085 72 32 96.411919 will4 1 2 3 3 0 674 1131 1309 45 -1 5 1 2 3 3 1 674 1136 61 28 95.923927 not5 1 2 3 3 2 745 1131 40 33 96.589714 be5 1 2 3 3 3 796 1133 102 32 96.664101 cured5 1 2 3 3 4 909 1143 63 21 96.705948 nor5 1 2 3 3 5 983 1132 239 44 96.813004 substantially5 1 2 3 3 6 1234 1133 165 34 96.699554 benefited5 1 2 3 3 7 1409 1135 45 41 96.807846 by5 1 2 3 3 8 1467 1135 57 32 96.588928 thes 1 2 3 3 9 1536 1146 58 21 96.681450 uses 1 2 3 3 10 1606 1136 38 31 93.097603 of5 1 2 3 3 11 1657 1135 224 41 92.140228 “B-Ration,”5 1 2 3 3 12 1894 1136 89 32 96.857414 since4 1 2 3 4 0 675 1181 1309 47 -1 5 1 2 3 4 1 675 1181 152 34 96.349312 effective5 1 2 3 4 2 843 1184 66 32 96.780319 ands 1 2 3 4 3 925 1184 163 41 96.742920 adequate5 1 2 3 4 4 1102 1184 144 32 93.275879 vitamins 1 2 3 4 5 1261 1184 164 43 92.516434 thereapy5 1 2 3 4 6 1440 1185 148 41 96.678726 requires5 1 2 3 4 7 1604 1197 19 21 96.877045 a5 1 2 3 4 8 1639 1186 124 41 96.642479 dosages 1 2 3 4 9 1778 1187 57 31 97.017181 far5 1 2 3 4 10 1850 1191 134 37 96.750351 greater4 1 2 3 5 0 675 1232 1308 45 -1 5 1 2 3 5 1 675 1232 84 32 96.320534 than5 1 2 3 5 2 783 1233 29 32 96.909462 is5 1 2 3 5 3 835 1233 166 42 96.358589 provided5 1 2 3 5 4 1023 1235 45 40 93.301262 by5 1 2 3 5 5 1092 1234 230 41 92.317390 respondent’s5 1 2 3 5 6 1345 1235 157 42 96.716400 product,5 1 2 3 5 7 1525 1236 102 33 96.716400 taken5 1 2 3 5 8 1651 1247 36 22 96.019684 as5 1 2 3 5 9 1713 1236 158 33 92.994041 directed.5 1 2 3 5 10 1918 1236 65 32 91.872665 “B-4 1 2 3 6 0 673 1282 1309 47 -1 5 1 2 3 6 1 673 1282 159 42 96.453064 Ration,”5 1 2 3 6 2 851 1282 102 34 96.783318 taken5 1 2 3 6 3 973 1295 36 22 96.823029 as5 1 2 3 6 4 1029 1284 159 42 96.476830 directed,5 1 2 3 6 5 1209 1285 94 42 96.717339 gives5 1 2 3 6 6 1322 1286 58 32 96.647369 thes 1 2 3 6 7 1399 1296 77 23 96.552895 users 1 2 3 6 8 1495 1286 58 33 96.615410 thes 1 2 3 6 9 1571 1286 178 33 96.131462 minimums 1 2 3 6 10 1770 1287 94 42 96.131462 daily5 1 2 3 6 11 1885 1288 97 32 96.402634 adult4 1 2 3 7 0 674 1333 1307 45 -1 5 1 2 3 7 1 674 1333 226 43 96.652969 requirements 1 2 3 7 2 914 1334 38 34 96.644516 of5 1 2 3 7 3 967 1334 160 34 93.296341 vitamins5 1 2 3 7 4 1144 1335 42 38 90.408966 B,5 1 2 3 7 5 1202 1336 67 32 90.945908 ands 1 2 3 7 6 1284 1337 53 41 25.202042 B,,5 1 2 3 7 7 1352 1337 68 32 96.865143 ands 1 2 3 7 8 1435 1337 136 33 95.984848 smaller5 1 2 3 7 9 1587 1342 154 28 96.250366 amounts5 1 2 3 7 10 1758 1337 37 34 96.763985 of5 1 2 3 7 11 1810 1338 58 33 97.016983 thes 1 2 3 7 12 1884 1338 97 33 96.819931 other4 1 2 3 8 0 674 1386 1308 41 -1 5 1 2 3 8 1 674 1389 218 37 95.440872 components5 1 2 3 8 2 922 1386 38 32 96.719246 of5 1 2 3 8 3 990 1386 58 33 96.289139 thes 1 2 3 8 4 1078 1386 199 41 96.402512 B-complex5 1 2 3 8 5 1307 1389 61 31 96.403786 but5 1 2 3 8 6 1398 1389 36 31 95.577072 in5 1 2 3 8 7 1454 1389 81 31 95.577072 such5 1 2 3 8 8 1566 1392 155 29 96.713669 amounts5 1 2 3 8 9 1751 1390 29 32 95.467712 it5 1 2 3 8 10 1809 1389 28 33 94.654579 is5 1 2 3 8 11 1869 1390 38 32 95.909470 of5 1 2 3 8 12 1936 1401 46 21 95.909470 no4 1 2 3 9 0 673 1434 1308 48 -1 5 1 2 3 9 1 673 1434 211 42 96.089394 therapeutics 1 2 3 9 2 902 1435 99 34 96.999786 values 1 2 3 9 3 1019 1437 36 32 97.000626 in5 1 2 3 9 4 1075 1438 58 32 97.009186 thes 1 2 3 9 5 1151 1437 186 33 96.721313 corrections 1 2 3 9 6 1357 1450 38 20 96.924088 or5 1 2 3 9 7 1413 1438 101 33 96.799782 relief5 1 2 3 9 8 1534 1440 37 32 96.887932 of5 1 2 3 9 9 1592 1439 183 43 96.543083 developed5 1 2 3 9 10 1795 1443 186 39 95.977585 symptoms4 1 2 3 10 0 673 1486 1307 46 -1 5 1 2 3 10 1 673 1486 40 32 96.709236 of5 1 2 3 10 2 733 1486 143 33 96.445488 vitamins 1 2 3 10 3 897 1486 189 42 96.681610 deficiency.5 1 2 3 10 4 1129 1490 36 31 96.699982 It5 1 2 3 10 5 1184 1488 29 33 96.928017 is5 1 2 3 10 6 1232 1488 195 42 95.988609 impossible5 1 2 3 10 7 1448 1490 57 32 95.988609 for5 1 2 3 10 8 1524 1490 162 33 96.563759 members5 1 2 3 10 9 1707 1491 39 32 96.574966 of5 1 2 3 10 10 1766 1491 57 33 96.605247 thes 1 2 3 10 11 1843 1492 137 40 96.818092 general4 1 2 3 11 0 673 1535 1307 48 -1 5 1 2 3 11 1 673 1535 124 43 96.071747 public,5 1 2 3 11 2 820 1536 90 33 96.763039 from5 1 2 3 11 3 931 1539 58 32 96.902328 thes 1 2 3 11 4 1007 1550 154 21 95.607666 common5 1 2 3 11 5 1183 1542 187 38 96.620110 symptoms5 1 2 3 11 6 1389 1543 36 29 96.620110 to5 1 2 3 11 7 1446 1539 112 33 96.788353 which5 1 2 3 11 8 1579 1542 205 41 96.390091 respondents 1 2 3 11 9 1805 1542 117 40 96.390091 refers,5 1 2 3 11 10 1944 1546 36 28 96.359192 to4 1 2 3 12 0 673 1587 1306 48 -1 5 1 2 3 12 1 673 1587 184 33 96.663124 determines 1 2 3 12 2 879 1588 58 32 96.763344 thes 1 2 3 12 3 958 1589 165 33 96.763344 existence5 1 2 3 12 4 1144 1590 39 32 96.854248 of5 1 2 3 12 5 1205 1602 20 21 95.914970 a5 1 2 3 12 6 1247 1589 181 43 95.914970 deficiency5 1 2 3 12 7 1450 1591 36 32 96.487465 in5 1 2 3 12 8 1507 1591 145 33 96.814178 vitamins 1 2 3 12 9 1674 1591 199 44 96.607628 B-complex5 1 2 3 12 10 1895 1593 84 33 96.963097 with4 1 2 3 13 0 672 1638 1307 48 -1 5 1 2 3 13 1 672 1649 67 31 96.743530 any5 1 2 3 13 2 753 1638 194 33 96.968697 reasonable5 1 2 3 13 3 960 1641 119 39 96.158150 degrees 1 2 3 13 4 1093 1641 38 31 96.472801 of5 1 2 3 13 5 1144 1640 175 34 92.407486 certitude.5 1 2 3 13 6 1351 1641 213 33 92.407486 “B-Ration”5 1 2 3 13 7 1578 1643 61 32 96.259369 has5 1 2 3 13 8 1653 1655 44 20 96.822884 no5 1 2 3 13 9 1711 1643 97 33 96.240402 effects 1 2 3 13 10 1822 1656 42 20 92.838203 on5 1 2 3 13 11 1879 1656 100 30 92.301262 gray-4 1 2 3 14 0 671 1688 1308 47 -1 5 1 2 3 14 1 671 1688 61 42 95.356216 ings 1 2 3 14 2 745 1689 86 31 96.189980 hair.5 1 2 3 14 3 869 1689 97 33 96.470116 With5 1 2 3 14 4 982 1691 58 31 96.470116 thes 1 2 3 14 5 1056 1691 175 40 96.759003 exceptions 1 2 3 14 6 1247 1692 39 31 96.740974 of5 1 2 3 14 7 1300 1691 145 33 93.294395 vitamins 1 2 3 14 8 1461 1692 55 41 90.610832 B,,5 1 2 3 14 9 1532 1703 86 22 96.801590 none5 1 2 3 14 10 1635 1693 38 32 96.594254 of5 1 2 3 14 11 1688 1694 57 32 96.594254 thes 1 2 3 14 12 1762 1698 217 37 96.713516 components4 1 2 3 15 0 671 1738 1307 47 -1 5 1 2 3 15 1 671 1739 39 31 93.237350 of5 1 2 3 15 2 730 1738 211 33 92.073837 “B-Ration”5 1 2 3 15 3 964 1751 56 21 96.404778 ares 1 2 3 15 4 1040 1742 176 32 96.557495 measured5 1 2 3 15 5 1236 1742 37 31 96.295959 in5 1 2 3 15 6 1294 1746 103 29 96.295959 terms5 1 2 3 15 7 1420 1743 37 32 96.513626 of5 1 2 3 15 8 1479 1743 262 33 95.391724 “international5 1 2 3 15 9 1764 1744 122 41 95.793793 units,”5 1 2 3 15 10 1911 1746 67 31 96.794708 anda 1 2 3 16 0 670 1787 1309 49 -1 5 1 2 3 16 1 670 1787 214 34 92.635986 “B-Ration”5 1 2 3 16 2 899 1795 123 28 96.918312 cannot5 1 2 3 16 3 1036 1792 40 32 96.986176 be5 1 2 3 16 4 1091 1792 172 33 96.500633 described5 1 2 3 16 5 1279 1793 35 31 96.950806 in5 1 2 3 16 6 1329 1797 104 29 96.625679 terms5 1 2 3 16 7 1448 1794 38 32 96.962715 of5 1 2 3 16 8 1502 1795 81 32 96.885056 such5 1 2 3 16 9 1597 1794 101 32 96.164169 units.5 1 2 3 16 10 1735 1794 73 33 96.637787 Thes 1 2 3 16 11 1822 1795 157 41 96.277214 product,4 1 2 3 17 0 670 1841 1306 45 -1 5 1 2 3 17 1 670 1841 82 31 95.233223 used5 1 2 3 17 2 769 1851 35 21 95.233223 as5 1 2 3 17 3 820 1841 160 40 96.784546 directed,5 1 2 3 17 4 996 1842 71 32 96.759689 will5 1 2 3 17 5 1083 1847 60 28 96.939545 not5 1 2 3 17 6 1159 1854 113 21 96.469841 assures 1 2 3 17 7 1289 1844 135 41 96.039154 against5 1 2 3 17 8 1441 1845 133 41 96.852974 dietary5 1 2 3 17 9 1591 1845 180 41 95.817619 deficiency5 1 2 3 17 10 1788 1845 36 32 93.193573 in5 1 2 3 17 11 1840 1846 136 32 91.665604 B-com-4 1 2 3 18 0 670 1890 1307 48 -1 5 1 2 3 18 1 670 1890 88 42 96.495911 plex,5 1 2 3 18 2 775 1890 61 33 96.206596 but5 1 2 3 18 3 856 1892 79 41 96.206596 only5 1 2 3 18 4 954 1892 135 41 96.628815 against5 1 2 3 18 5 1108 1893 181 42 96.113869 deficiency5 1 2 3 18 6 1307 1895 35 31 96.354980 in5 1 2 3 18 7 1361 1894 162 33 92.402069 vitamins5 1 2 3 18 8 1542 1897 44 36 92.402069 B,5 1 2 3 18 9 1606 1896 67 32 93.260979 ands 1 2 3 18 10 1692 1895 51 37 81.834175 B,.5 1 2 3 18 11 1785 1896 71 33 93.289864 Thes 1 2 3 18 12 1876 1897 101 41 92.207367 prod-4 1 2 3 19 0 670 1941 1309 43 -1 5 1 2 3 19 1 670 1943 57 29 96.841660 ucts 1 2 3 19 2 742 1941 70 32 96.707893 will5 1 2 3 19 3 829 1947 61 27 96.716759 not5 1 2 3 19 4 905 1946 153 35 96.637985 promotes 1 2 3 19 5 1075 1943 108 33 96.470314 better5 1 2 3 19 6 1199 1948 79 36 96.678093 tones 1 2 3 19 7 1294 1945 36 32 96.943695 in5 1 2 3 19 8 1347 1945 59 33 96.467468 thes 1 2 3 19 9 1421 1945 175 33 96.467468 intestinal5 1 2 3 19 10 1614 1947 141 31 96.519119 muscles5 1 2 3 19 11 1772 1958 63 21 96.050262 nor5 1 2 3 19 12 1852 1947 79 32 96.583183 does5 1 2 3 19 13 1949 1947 30 33 96.892815 it4 1 2 3 20 0 670 1990 1308 48 -1 5 1 2 3 20 1 670 1990 156 33 96.722046 functions 1 2 3 20 2 850 1992 37 32 96.667870 in5 1 2 3 20 3 912 1992 196 34 96.532433 connections 1 2 3 20 4 1135 1994 83 32 96.249184 with5 1 2 3 20 5 1243 1994 58 33 96.639267 thes 1 2 3 20 6 1327 1995 169 42 96.831223 digestion5 1 2 3 20 7 1522 1997 38 32 96.544205 of5 1 2 3 20 8 1585 1996 271 42 96.403076 carbohydrates.5 1 2 3 20 9 1904 1998 74 32 96.196198 Thea 1 2 3 21 0 668 2041 1310 48 -1 5 1 2 3 21 1 668 2041 146 41 96.766418 products 1 2 3 21 2 832 2052 163 31 96.154259 possesses5 1 2 3 21 3 1014 2055 44 21 96.639442 no5 1 2 3 21 4 1076 2044 212 41 96.601051 therapeutics 1 2 3 21 5 1306 2045 199 42 96.732018 properties,5 1 2 3 21 6 1525 2047 67 32 96.718369 ands 1 2 3 21 7 1612 2047 45 33 96.335190 its5 1 2 3 21 8 1675 2047 81 42 97.007660 only5 1 2 3 21 9 1774 2047 99 33 96.691124 values 1 2 3 21 10 1893 2048 29 32 96.757812 is5 1 2 3 21 11 1941 2059 37 21 96.757812 as4 1 2 3 22 0 670 2091 1307 50 -1 5 1 2 3 22 1 670 2103 19 20 95.655563 a5 1 2 3 22 2 709 2091 133 43 95.655563 dietary5 1 2 3 22 3 861 2094 214 41 96.496712 supplements 1 2 3 22 4 1093 2098 37 29 96.428207 to5 1 2 3 22 5 1147 2106 139 31 96.773064 persons5 1 2 3 22 6 1303 2095 112 34 96.966995 whose5 1 2 3 22 7 1433 2097 96 32 96.799278 usual5 1 2 3 22 8 1549 2097 70 33 96.710037 diets 1 2 3 22 9 1638 2098 29 33 96.936287 is5 1 2 3 22 10 1686 2097 155 34 96.924423 deficient5 1 2 3 22 11 1859 2098 36 43 96.668587 in5 1 2 3 22 12 1915 2110 62 22 96.358253 one4 1 2 3 23 0 669 2144 1308 47 -1 5 1 2 3 23 1 669 2153 39 21 95.636902 or5 1 2 3 23 2 724 2153 93 22 95.636902 more5 1 2 3 23 3 834 2144 38 32 96.643295 of5 1 2 3 23 4 889 2144 44 32 96.788643 its5 1 2 3 23 5 951 2148 234 38 96.434364 components;5 1 2 3 23 6 1205 2146 29 33 96.382782 it5 1 2 3 23 7 1251 2146 29 33 96.979340 is5 1 2 3 23 8 1297 2146 195 42 96.517944 impossible5 1 2 3 23 9 1510 2148 58 32 96.332062 for5 1 2 3 23 10 1584 2148 163 33 96.698174 members5 1 2 3 23 11 1765 2148 38 34 96.447227 of5 1 2 3 23 12 1822 2149 58 33 93.298492 thes 1 2 3 23 13 1897 2160 80 31 93.172485 gen-4 1 2 3 24 0 668 2193 1309 49 -1 5 1 2 3 24 1 668 2193 70 31 96.947090 eral5 1 2 3 24 2 759 2193 114 42 96.703461 public5 1 2 3 24 3 894 2197 35 30 96.398224 to5 1 2 3 24 4 950 2195 185 34 96.073639 determines 1 2 3 24 5 1153 2197 58 32 96.073639 thes 1 2 3 24 6 1231 2196 165 34 96.961670 existence5 1 2 3 24 7 1417 2198 38 32 96.453186 of5 1 2 3 24 8 1476 2199 80 31 96.565079 such5 1 2 3 24 9 1577 2198 206 34 96.530243 deficiencies5 1 2 3 24 10 1804 2199 84 33 96.669289 with5 1 2 3 24 11 1909 2211 68 31 96.602425 any4 1 2 3 25 0 667 2244 570 45 -1 5 1 2 3 25 1 667 2244 195 32 96.240120 reasonable5 1 2 3 25 2 875 2245 120 42 96.434517 degrees 1 2 3 25 3 1009 2246 38 32 96.488304 of5 1 2 3 25 4 1060 2247 177 42 96.637680 certainty.3 1 2 4 0 0 666 2293 1332 201 -1 4 1 2 4 1 0 709 2293 1289 48 -1 5 1 2 4 1 1 709 2293 82 33 95.865112 Par.5 1 2 4 1 2 814 2296 48 31 72.986305 82.5 1 2 4 1 3 885 2295 138 43 96.708855 Among5 1 2 4 1 4 1042 2295 58 34 96.528358 thes 1 2 4 1 5 1121 2301 195 29 96.474693 statements5 1 2 4 1 6 1340 2298 67 33 96.921860 ands 1 2 4 1 7 1429 2299 284 42 96.712326 representations5 1 2 4 1 8 1735 2300 180 34 96.791206 contained5 1 2 4 1 9 1936 2300 39 34 86.528854 in5 1 2 4 1 10 1996 2328 2 2 44.183571 |4 1 2 4 2 0 667 2343 1308 49 -1 5 1 2 4 2 1 667 2343 75 33 94.157745 said5 1 2 4 2 2 779 2344 276 35 95.690369 advertisements5 1 2 4 2 3 1093 2346 239 34 96.639381 disseminated5 1 2 4 2 4 1369 2361 37 21 96.111000 as5 1 2 4 2 5 1442 2349 172 34 96.111000 aforesaid5 1 2 4 2 6 1651 2350 84 33 96.703720 with5 1 2 4 2 7 1773 2356 131 36 94.708855 respects 1 2 4 2 8 1939 2355 36 29 94.708855 to4 1 2 4 3 0 666 2393 1309 52 -1 5 1 2 4 3 1 666 2393 251 35 92.074898 “Wheatex-B”5 1 2 4 3 2 935 2397 68 33 96.538414 ands 1 2 4 3 3 1021 2397 205 44 96.173233 specifically5 1 2 4 3 4 1243 2400 37 32 97.004684 in5 1 2 4 3 5 1296 2400 57 33 96.474106 thes 1 2 4 3 6 1370 2400 145 34 96.195679 circulars 1 2 4 3 7 1532 2400 223 45 96.292442 “Presenting5 1 2 4 3 8 1774 2405 38 29 96.617081 105 1 2 4 3 9 1830 2403 145 42 96.927811 Dietary4 1 2 4 4 0 666 2445 822 49 -1 5 1 2 4 4 1 666 2445 89 33 96.412224 Aids5 1 2 4 4 2 767 2450 35 29 96.971718 to5 1 2 4 4 3 814 2447 129 33 96.971718 Health5 1 2 4 4 4 956 2449 66 33 96.616425 ands 1 2 4 4 5 1036 2449 130 42 92.246140 Vigor”5 1 2 4 4 6 1179 2450 28 32 96.835007 is5 1 2 4 4 7 1220 2450 57 33 96.670929 thes 1 2 4 4 8 1291 2451 197 43 96.427048 following:3 1 2 5 0 0 702 2514 978 37 -1 4 1 2 5 1 0 702 2514 978 37 -1 5 1 2 5 1 1 702 2514 74 25 86.949684 Gains 1 2 5 1 2 796 2534 58 7 86.949684 ...5 1 2 5 1 3 874 2516 106 26 89.034103 Retains 1 2 5 1 4 1000 2536 58 7 61.845078 ...5 1 2 5 1 5 1078 2518 109 27 96.218750 Health5 1 2 5 1 6 1204 2521 72 25 96.653610 with5 1 2 5 1 7 1291 2521 52 25 96.194504 Dr.5 1 2 5 1 8 1359 2521 96 26 96.131905 ABTS5 1 2 5 1 9 1472 2523 123 28 96.578087 Dietary5 1 2 5 1 10 1610 2524 70 24 96.195465 Aids3 1 2 6 0 0 700 2558 1274 38 -1 4 1 2 6 1 0 700 2558 1274 38 -1 5 1 2 6 1 1 700 2558 26 25 96.954765 A5 1 2 6 1 2 740 2560 131 28 96.476669 splendid5 1 2 6 1 3 885 2567 104 23 96.526390 energy5 1 2 6 1 4 1005 2562 92 25 88.906906 “lift”.5 1 2 6 1 5 1135 2581 31 6 47.210938 ..5 1 2 6 1 6 1188 2582 5 5 47.210938 .5 1 2 6 1 7 1213 2563 31 24 96.379776 If5 1 2 6 1 8 1256 2569 199 25 96.473907 nervousness,5 1 2 6 1 9 1471 2566 202 29 96.420082 constipation,5 1 2 6 1 10 1689 2567 56 24 96.647163 lost5 1 2 6 1 11 1761 2567 126 29 96.112328 appetite5 1 2 6 1 12 1903 2568 71 28 96.676620 keep2 1 3 0 0 0 665 2602 1309 79 -1 3 1 3 1 0 0 665 2602 1309 79 -1 4 1 3 1 1 0 665 2602 1309 32 -1 5 1 3 1 1 1 665 2606 57 23 96.898399 you5 1 3 1 1 2 737 2602 40 24 93.146828 all5 1 3 1 1 3 793 2602 120 30 91.229904 “fagged5 1 3 1 1 4 928 2604 66 24 96.151604 out”5 1 3 1 1 5 1009 2604 125 30 96.637535 perhaps5 1 3 1 1 6 1147 2602 75 31 96.464073 yours 1 3 1 1 7 1237 2606 60 24 96.781784 diets 1 3 1 1 8 1312 2606 25 25 96.279823 is5 1 3 1 1 9 1351 2607 56 24 96.888367 lows 1 3 1 1 10 1423 2607 29 23 96.660881 in5 1 3 1 1 11 1467 2607 129 25 92.907959 Vitamins 1 3 1 1 12 1613 2608 23 24 92.907959 B5 1 3 1 1 13 1651 2609 57 23 95.374359 ands 1 3 1 1 14 1724 2608 146 25 93.162720 minerals.5 1 3 1 1 15 1903 2609 71 25 96.926018 This4 1 3 1 2 0 666 2643 1308 38 -1 5 1 3 1 2 1 666 2643 139 26 95.857407 delicious5 1 3 1 2 2 823 2645 97 25 95.821686 wheats 1 3 1 2 3 937 2651 78 23 95.821686 germs 1 3 1 2 4 1033 2647 69 24 96.720947 foods 1 3 1 2 5 1121 2647 79 29 96.035774 gives5 1 3 1 2 6 1219 2654 55 23 96.089218 you5 1 3 1 2 7 1293 2649 49 24 96.481911 thes 1 3 1 2 8 1360 2648 118 31 96.747520 bracing5 1 3 1 2 9 1496 2648 129 26 93.254089 Vitamins 1 3 1 2 10 1644 2650 23 24 93.103981 B5 1 3 1 2 11 1687 2652 136 28 96.821259 complex,5 1 3 1 2 12 1843 2653 131 28 96.738541 together Ww. L. ABT 591 579 Complaint with blood and body building minerals—iron, calcium, phosphorous. Discover New Wheatex-B. It’s new LIFE for you! Par. 33. Through the use of the advertisements containing the statements and representations hereinbefore set forth in paragraph 32 and others similar thereto not specifically set out herein, respondent has represented, directly and by implication, that nervousness, constipation, lost appetite and consequent listlessness are due to deficiencies in vitamin B-complex, iron, calcium or phosphorous, and will be cured or substantially benefited by the use of “Wheatex-B,” that from the presence of such conditions the existence of a deficiency in vitamin Bcomplex, iron, phosphorous or calcium can be determined by members of the general public with reasonable certitude; that said product contains therapeutically significant amounts of vitamin B-complex, iron, calcium and phosphorous; that by its use the capacity for exertion will be increased in some manner other than by supplying nutrition, and that all persons will be benefited by taking it. Par. 34. The said advertisements are misleading in material respects, and are “false advertisements” as that term is defined in the Federal Trade Commission Act. In truth and in fact “Wheatex-B” possesses no “energizing” properties beyond those of a nutrient. The causes of nervousness, constipation, lack of appetite and consequent listlessness are numerous, and those conditions are only infrequently due to deficiencies in vitamin B-complex, iron, calcium or phosphorous, and only then are subject to correction or improvement by their use. In the relatively rare cases where these conditions are due to deficiency in vitamin B-complex, or said minerals, they will not be cured or substantially benefited by the use of “Wheatex-B.” Effective and adequate vitamin or mineral therapy requires a dosage far greater than is provided by respondent’s preparation which does not contain vitamin Bcomplex, iron, calcium, or phosphorous in therapeutic amounts. It is impossible for members of the general public, from the common symptoms to which respondent refers, to determine the existence of a deficiency in vitamin B-complex, iron, calcium, or phosphorous, with any reasonable degree of certitude. The product will not supply the user with amounts of iron, calcium, or phosphorous significant to blood and body building. The product possesses no therapeutic properties, and its only value is as a dietary supplement in cases where the usual diet is deficient in one or more of its components; it is impossible for members of the general public to determine the existence of such deficiencies with any reasonable degree of certitude.

Par. 35. The use by the respondent of the said false advertisements containing materially misleading statements and representations with Findings 46 F.T. C.

respect to his said preparations has had the capacity and tendency to, and has, misled and deceived.a substantial portion of the purchasing 5 1 2 1 3 2 645 745 116 42 96.783714 public5 1 2 1 3 3 773 740 72 36 96.866798 into5 1 2 1 3 4 858 744 57 32 96.576180 thes 1 2 1 3 5 928 753 178 23 96.859283 erroneous5 1 2 1 3 6 1120 743 67 32 97.010094 ands 1 2 1 3 7 1199 740 166 33 96.933617 mistaken5 1 2 1 3 8 1379 739 104 34 96.752991 beliefs 1 2 1 3 9 1495 740 76 32 96.481880 that5 1 2 1 3 10 1585 738 73 33 96.192169 said5 1 2 1 3 11 1672 741 196 29 96.649300 statements5 1 2 1 3 12 1882 737 70 31 96.784981 anda 1 2 1 4 0 646 787 1309 50 -1 5 1 2 1 4 1 646 794 283 43 96.629837 representations5 1 2 1 4 2 944 804 85 21 97.002899 were5 1 2 1 4 3 1042 797 76 28 96.696022 true5 1 2 1 4 4 1135 792 67 33 96.886871 ands 1 2 1 4 5 1217 791 76 33 96.982521 that5 1 2 1 4 6 1307 791 57 32 96.858932 thes 1 2 1 4 7 1380 789 219 43 93.145264 preparations 1 2 1 4 8 1615 787 242 34 86.558426 “Laxa-Tabs”5 1 2 1 4 9 1873 797 82 31 96.974297 may4 1 2 1 5 0 641 838 1312 50 -1 5 1 2 1 5 1 641 847 39 41 96.686035 be5 1 2 1 5 2 689 846 101 33 96.686035 taken5 1 2 1 5 3 800 845 107 32 95.646194 under5 1 2 1 5 4 916 844 46 32 95.646194 all5 1 2 1 5 5 973 843 190 33 96.529083 conditions5 1 2 1 5 6 1173 842 145 33 94.953499 without5 1 2 1 5 7 1327 841 38 32 94.953499 ills 1 2 1 5 8 1376 840 124 41 96.879135 effects,5 1 2 1 5 9 1510 840 67 33 96.834221 ands 1 2 1 5 10 1587 841 72 31 96.142555 into5 1 2 1 5 11 1670 839 58 32 96.142555 thes 1 2 1 5 12 1738 839 164 41 96.318542 purchases 1 2 1 5 13 1912 838 41 32 96.998169 of4 1 2 1 6 0 646 889 1310 48 -1 5 1 2 1 6 1 646 895 202 34 96.017525 substantial5 1 2 1 6 2 859 895 183 42 96.895668 quantities5 1 2 1 6 3 1054 894 39 33 96.825211 of5 1 2 1 6 4 1106 893 74 32 96.322235 said5 1 2 1 6 5 1192 892 238 42 96.581444 preparations5 1 2 1 6 6 1443 892 43 41 97.013268 by5 1 2 1 6 7 1500 902 118 21 96.631386 reasons 1 2 1 6 8 1633 890 37 32 97.010857 of5 1 2 1 6 9 1684 889 74 32 96.371750 said5 1 2 1 6 10 1773 899 183 22 96.371750 erroneous4 1 2 1 7 0 646 945 373 34 -1 5 1 2 1 7 1 646 947 68 32 95.425430 ands 1 2 1 7 2 726 946 167 32 96.783646 mistaken5 1 2 1 7 3 906 945 113 32 96.803329 belief.3 1 2 2 0 0 644 987 1311 195 -1 4 1 2 2 1 0 687 987 1267 48 -1 5 1 2 2 1 1 687 997 82 32 95.137131 Par.5 1 2 2 1 2 788 998 48 30 96.356239 36.5 1 2 2 1 3 860 995 71 32 96.255730 Thes 1 2 2 1 4 950 993 171 33 96.910393 aforesaid5 1 2 2 1 5 1139 998 69 28 97.003738 acts5 1 2 2 1 6 1226 993 67 33 96.237671 ands 1 2 2 1 7 1311 991 163 44 96.237671 practices5 1 2 2 1 8 1491 990 115 34 96.944847 herein5 1 2 2 1 9 1626 990 130 42 96.090637 alleged5 1 2 2 1 10 1776 1001 56 21 96.986198 ares 1 2 2 1 11 1851 987 46 35 96.774071 all5 1 2 2 1 12 1914 992 40 29 96.862183 to4 1 2 2 2 0 645 1040 1305 49 -1 5 1 2 2 2 1 645 1048 58 32 96.100616 thes 1 2 2 2 2 719 1046 177 43 96.367188 prejudice5 1 2 2 2 3 911 1046 66 32 96.993370 ands 1 2 2 2 4 996 1045 116 41 96.481071 injury5 1 2 2 2 5 1130 1044 38 33 96.965538 of5 1 2 2 2 6 1185 1044 56 33 97.007217 thes 1 2 2 2 7 1258 1043 115 43 96.905510 public5 1 2 2 2 8 1390 1045 67 32 96.485367 ands 1 2 2 2 9 1475 1042 181 32 96.896027 constitutes 1 2 2 2 10 1672 1040 120 33 96.866493 unfair5 1 2 2 2 11 1810 1040 67 32 90.464622 ands 1 2 2 2 12 1894 1040 56 32 90.464622 de-4 1 2 2 3 0 646 1091 1309 49 -1 5 1 2 2 3 1 646 1098 130 42 92.163200 ceptive5 1 2 2 3 2 790 1101 70 29 96.839340 acts5 1 2 2 3 3 874 1097 65 33 96.839340 ands 1 2 2 3 4 955 1095 163 44 96.919998 practices5 1 2 2 3 5 1133 1096 36 32 95.939476 in5 1 2 2 3 6 1183 1106 180 21 95.939476 commerce5 1 2 2 3 7 1378 1094 121 32 96.665932 within5 1 2 2 3 8 1513 1094 58 31 97.009109 thes 1 2 2 3 9 1585 1093 110 32 96.829414 intents 1 2 2 3 10 1711 1093 67 32 96.098083 ands 1 2 2 3 11 1792 1091 163 40 96.760391 meaning4 1 2 2 4 0 644 1145 714 37 -1 5 1 2 2 4 1 644 1149 39 33 96.951294 of5 1 2 2 4 2 696 1149 57 33 96.374031 thes 1 2 2 4 3 765 1147 142 33 95.954468 Federal5 1 2 2 4 4 919 1147 111 32 96.803284 Trades 1 2 2 4 5 1045 1145 224 34 96.514259 Commissions 1 2 2 4 6 1282 1145 76 32 96.368874 Act.2 1 3 0 0 0 859 1232 872 48 -1 3 1 3 1 0 0 859 1232 872 48 -1 4 1 3 1 1 0 859 1232 872 48 -1 5 1 3 1 1 1 859 1239 145 41 29.352661 Report,5 1 3 1 1 2 1018 1232 172 39 33.113113 FINDINGS5 1 3 1 1 3 1205 1248 39 22 92.596802 AS5 1 3 1 1 4 1258 1248 40 21 96.598213 TO5 1 3 1 1 5 1311 1248 71 21 96.598213 THES 1 3 1 1 6 1395 1238 124 39 91.366020 Facts,5 1 3 1 1 7 1531 1246 71 23 96.690262 ANDS 1 3 1 1 8 1617 1235 114 34 96.734322 ORDER2 1 4 0 0 0 643 1316 1314 1148 -1 3 1 4 1 0 0 643 1316 1314 1148 -1 4 1 4 1 1 0 686 1316 1267 49 -1 5 1 4 1 1 1 686 1325 172 33 96.316681 Pursuant5 1 4 1 1 2 874 1328 35 29 96.581024 to5 1 4 1 1 3 925 1324 58 32 96.929329 thes 1 4 1 1 4 999 1322 193 43 96.715370 provisions5 1 4 1 1 5 1207 1322 38 32 96.904488 of5 1 4 1 1 6 1262 1321 57 33 96.796135 thes 1 4 1 1 7 1337 1321 144 33 96.872002 Federal5 1 4 1 1 8 1498 1320 114 33 96.696571 Trades 1 4 1 1 9 1629 1319 225 34 96.645409 Commissions 1 4 1 1 10 1872 1316 81 40 96.504959 Act,4 1 4 1 2 0 643 1367 1306 47 -1 5 1 4 1 2 1 643 1376 59 32 96.964531 thes 1 4 1 2 2 721 1375 142 32 96.087860 Federal5 1 4 1 2 3 883 1374 112 33 96.367157 Trades 1 4 1 2 4 1015 1372 235 41 96.462700 Commission,5 1 4 1 2 5 1270 1384 43 21 96.859711 on5 1 4 1 2 6 1333 1371 82 43 95.775223 July5 1 4 1 2 7 1436 1373 51 39 96.596832 25,5 1 4 1 2 8 1508 1373 90 38 96.929970 1946,5 1 4 1 2 9 1618 1370 111 33 96.574265 issued5 1 4 1 2 10 1751 1369 66 32 92.331749 ands 1 4 1 2 11 1838 1367 111 34 92.331749 subse-4 1 4 1 3 0 644 1420 1308 48 -1 5 1 4 1 3 1 644 1428 138 40 96.770866 quently5 1 4 1 3 2 798 1425 116 33 96.683212 served5 1 4 1 3 3 931 1425 45 33 96.514336 its5 1 4 1 3 4 992 1425 185 39 96.582275 complaints 1 4 1 3 5 1194 1424 35 43 96.937401 in5 1 4 1 3 6 1245 1423 69 32 96.835365 this5 1 4 1 3 7 1331 1422 204 42 96.910423 proceedings 1 4 1 3 8 1552 1432 90 31 87.403625 upon5 1 4 1 3 9 1659 1421 59 31 96.979401 thes 1 4 1 3 10 1733 1420 219 41 96.610634 respondent,4 1 4 1 4 0 644 1469 1308 48 -1 5 1 4 1 4 1 644 1478 54 39 92.111183 W.5 1 4 1 4 2 715 1471 39 38 92.085114 L.5 1 4 1 4 3 774 1476 80 41 96.930588 Abt,5 1 4 1 4 4 874 1487 43 22 96.993767 an5 1 4 1 4 5 936 1476 202 39 96.363647 individual,5 1 4 1 4 6 1157 1474 168 41 96.878906 charging5 1 4 1 4 7 1341 1473 71 32 96.326775 him5 1 4 1 4 8 1432 1473 83 31 96.814621 with5 1 4 1 4 9 1534 1472 57 32 96.428146 thes 1 4 1 4 10 1609 1482 58 22 96.203011 uses 1 4 1 4 11 1685 1470 39 33 95.977135 of5 1 4 1 4 12 1742 1470 120 32 96.525673 unfair5 1 4 1 4 13 1880 1469 72 32 96.525673 anda 1 4 1 5 0 645 1519 1308 50 -1 5 1 4 1 5 1 645 1527 173 42 96.595520 deceptive5 1 4 1 5 2 830 1531 69 28 96.794182 acts5 1 4 1 5 3 913 1526 67 33 96.991119 ands 1 4 1 5 4 991 1526 164 41 96.913338 practices5 1 4 1 5 5 1168 1525 35 32 96.119728 in5 1 4 1 5 6 1216 1534 181 23 96.119728 commerce5 1 4 1 5 7 1410 1524 37 31 96.876099 in5 1 4 1 5 8 1459 1522 164 32 96.951767 violations 1 4 1 5 9 1636 1521 40 33 96.784752 of5 1 4 1 5 10 1688 1521 57 33 96.997826 thes 1 4 1 5 11 1757 1519 196 43 92.015091 provisions4 1 4 1 6 0 645 1570 1304 49 -1 5 1 4 1 6 1 645 1578 38 33 96.939552 of5 1 4 1 6 2 697 1578 75 31 96.524742 said5 1 4 1 6 3 787 1581 62 28 96.524742 act.5 1 4 1 6 4 893 1577 105 36 94.582573 After5 1 4 1 6 5 1012 1577 57 31 96.455315 thes 1 4 1 6 6 1083 1576 98 43 96.455315 filings 1 4 1 6 7 1195 1575 43 42 97.012100 by5 1 4 1 6 8 1254 1575 205 42 96.775322 respondents 1 4 1 6 9 1474 1573 37 32 96.949936 of5 1 4 1 6 10 1525 1573 54 32 97.016907 his5 1 4 1 6 11 1594 1583 130 22 96.793205 answers 1 4 1 6 12 1738 1575 36 28 97.015068 to5 1 4 1 6 13 1789 1570 59 32 93.231926 thes 1 4 1 6 14 1861 1581 88 21 91.578445 com-4 1 4 1 7 0 646 1620 1308 50 -1 5 1 4 1 7 1 646 1628 122 42 70.659012 plaint,5 1 4 1 7 2 787 1639 18 20 96.679604 a5 1 4 1 7 3 823 1627 142 42 96.630150 hearings 1 4 1 7 4 982 1637 68 22 96.797600 was5 1 4 1 7 5 1068 1626 78 32 95.764595 held5 1 4 1 7 6 1165 1637 43 21 95.764595 on5 1 4 1 7 7 1228 1625 80 42 96.599243 May5 1 4 1 7 8 1328 1627 49 38 96.850998 12,5 1 4 1 7 9 1397 1624 91 40 95.929649 1947,5 1 4 1 7 10 1506 1623 116 33 96.714027 before5 1 4 1 7 11 1641 1635 19 20 96.735939 a5 1 4 1 7 12 1678 1622 81 32 96.378731 trials 1 4 1 7 13 1779 1620 175 33 96.522812 examiner4 1 4 1 8 0 645 1671 1309 46 -1 5 1 4 1 8 1 645 1679 38 32 96.856308 of5 1 4 1 8 2 697 1679 56 32 96.549057 thes 1 4 1 8 3 766 1677 223 35 93.306259 Commissions 1 4 1 8 4 1001 1676 208 34 91.555695 theretofore5 1 4 1 8 5 1222 1676 82 41 97.001549 duly5 1 4 1 8 6 1318 1675 196 42 97.016159 designated5 1 4 1 8 7 1526 1674 45 41 96.742950 by5 1 4 1 8 8 1585 1674 37 39 96.379379 it,5 1 4 1 8 9 1636 1677 35 28 96.379379 at5 1 4 1 8 10 1684 1673 110 31 96.420624 which5 1 4 1 8 11 1807 1671 147 42 96.653748 hearing4 1 4 1 9 0 646 1722 1306 48 -1 5 1 4 1 9 1 646 1741 19 20 95.704666 a5 1 4 1 9 2 678 1730 136 31 95.704666 written5 1 4 1 9 3 828 1728 200 42 96.526817 stipulations 1 4 1 9 4 1044 1738 35 21 96.837349 as5 1 4 1 9 5 1092 1731 35 28 96.797539 to5 1 4 1 9 6 1141 1727 57 31 96.970940 thes 1 4 1 9 7 1213 1728 97 38 96.999840 facts,5 1 4 1 9 8 1325 1725 135 32 96.925697 entered5 1 4 1 9 9 1475 1725 72 32 96.662041 into5 1 4 1 9 10 1561 1725 147 31 96.823578 between5 1 4 1 9 11 1723 1722 134 33 93.205994 counsels 1 4 1 9 12 1872 1732 80 31 91.889053 sup-4 1 4 1 10 0 646 1772 1306 49 -1 5 1 4 1 10 1 646 1779 141 42 96.783554 porting5 1 4 1 10 2 805 1779 58 31 96.410522 thes 1 4 1 10 3 883 1778 186 41 96.343369 complaints 1 4 1 10 4 1089 1777 68 32 96.453773 ands 1 4 1 10 5 1177 1777 134 32 96.127190 counsels 1 4 1 10 6 1332 1776 57 32 96.943649 for5 1 4 1 10 7 1408 1776 58 31 96.967148 thes 1 4 1 10 8 1487 1774 213 42 96.744278 respondent,5 1 4 1 10 9 1722 1784 68 21 96.929314 was5 1 4 1 10 10 1811 1772 98 32 96.412766 made5 1 4 1 10 11 1930 1782 22 21 96.412766 a4 1 4 1 11 0 648 1822 1305 49 -1 5 1 4 1 11 1 648 1833 77 38 96.550247 parts 1 4 1 11 2 747 1829 38 32 96.143730 of5 1 4 1 11 3 805 1829 58 31 96.978798 thes 1 4 1 11 4 884 1828 126 32 96.010284 record.5 1 4 1 11 5 1055 1827 85 33 96.555122 Said5 1 4 1 11 6 1161 1827 201 42 96.994621 stipulations 1 4 1 11 7 1385 1836 36 21 96.386505 as5 1 4 1 11 8 1443 1829 35 29 96.600830 to5 1 4 1 11 9 1499 1826 58 31 96.990433 thes 1 4 1 11 10 1579 1825 89 32 96.624359 facts5 1 4 1 11 11 1690 1823 181 34 96.398087 contained5 1 4 1 11 12 1892 1822 61 32 96.781769 thea 1 4 1 12 0 646 1872 1308 50 -1 5 1 4 1 12 1 646 1879 184 43 96.516609 provision,5 1 4 1 12 2 844 1890 124 31 96.516609 among5 1 4 1 12 3 981 1878 122 40 96.487885 others,5 1 4 1 12 4 1117 1878 76 32 96.487885 that5 1 4 1 12 5 1206 1878 58 32 96.989189 thes 1 4 1 12 6 1278 1880 179 29 96.937279 statements 1 4 1 12 7 1471 1876 37 33 96.989746 of5 1 4 1 12 8 1522 1875 89 33 96.746864 facts5 1 4 1 12 9 1625 1874 181 33 96.549568 contained5 1 4 1 12 10 1819 1872 135 34 94.504349 therein4 1 4 1 13 0 646 1925 1309 47 -1 5 1 4 1 13 1 646 1941 79 31 96.873230 may5 1 4 1 13 2 743 1930 39 32 96.814445 be5 1 4 1 13 3 799 1929 196 33 96.301025 considered5 1 4 1 13 4 1013 1929 36 31 96.301025 in5 1 4 1 13 5 1067 1928 69 32 96.902367 this5 1 4 1 13 6 1155 1927 203 43 96.459145 proceedings 1 4 1 13 7 1377 1927 36 32 96.431793 in5 1 4 1 13 8 1432 1926 68 33 96.233902 lieu5 1 4 1 13 9 1519 1926 37 33 96.981277 of5 1 4 1 13 10 1576 1926 157 32 96.625504 evidences 1 4 1 13 11 1751 1925 37 31 96.127060 in5 1 4 1 13 12 1807 1926 148 40 96.517227 support4 1 4 1 14 0 646 1974 1309 47 -1 5 1 4 1 14 1 646 1980 39 33 96.971344 of5 1 4 1 14 2 703 1980 67 33 96.693802 ands 1 4 1 14 3 788 1980 36 32 96.389931 in5 1 4 1 14 4 843 1979 193 42 96.631584 opposition5 1 4 1 14 5 1054 1983 36 28 96.631584 to5 1 4 1 14 6 1106 1979 58 32 96.917038 thes 1 4 1 14 7 1182 1979 139 41 96.362862 charges5 1 4 1 14 8 1339 1978 36 32 96.785858 in5 1 4 1 14 9 1392 1977 59 33 96.545876 thes 1 4 1 14 10 1468 1974 196 44 96.202042 complaint,5 1 4 1 14 11 1683 1979 118 37 96.922211 excepts 1 4 1 14 12 1818 1974 137 32 96.643303 insofar4 1 4 1 15 0 647 2025 1309 46 -1 5 1 4 1 15 1 647 2042 36 21 96.826393 as5 1 4 1 15 2 705 2031 80 40 96.164192 they5 1 4 1 15 3 807 2031 104 31 96.452629 relates 1 4 1 15 4 932 2034 36 28 96.628929 to5 1 4 1 15 5 990 2030 58 31 96.750046 thes 1 4 1 15 6 1069 2029 146 42 92.902588 products 1 4 1 15 7 1237 2028 288 42 91.223251 “Papaya-Lets,”5 1 4 1 15 8 1548 2026 203 42 96.476402 concerning5 1 4 1 15 9 1774 2025 111 32 96.643127 which5 1 4 1 15 10 1907 2035 49 21 96.923737 no4 1 4 1 16 0 648 2077 1308 45 -1 5 1 4 1 16 1 648 2081 87 32 96.735718 facts5 1 4 1 16 2 758 2091 85 22 96.795174 were5 1 4 1 16 3 865 2080 194 42 95.229309 stipulated.5 1 4 1 16 4 1105 2079 245 43 96.792656 Subsequently5 1 4 1 16 5 1372 2079 58 31 96.550140 thes 1 4 1 16 6 1451 2082 124 28 96.705101 matters 1 4 1 16 7 1597 2077 173 42 96.466187 regularly5 1 4 1 16 8 1793 2086 93 22 95.934036 came5 1 4 1 16 9 1908 2085 48 22 96.499580 on4 1 4 1 17 0 647 2127 1309 46 -1 5 1 4 1 17 1 647 2131 57 32 97.005424 for5 1 4 1 17 2 714 2130 81 33 96.106117 final5 1 4 1 17 3 807 2130 249 33 96.834946 considerations 1 4 1 17 4 1067 2130 45 43 96.309685 by5 1 4 1 17 5 1124 2129 58 33 96.893715 thes 1 4 1 17 6 1193 2128 224 36 96.429382 Commissions 1 4 1 17 7 1429 2139 92 31 96.918449 upon5 1 4 1 17 8 1533 2128 58 32 95.940483 thes 1 4 1 17 9 1603 2127 197 42 96.318916 complaint,5 1 4 1 17 10 1813 2136 143 29 96.865471 answer,4 1 4 1 18 0 647 2175 1310 48 -1 5 1 4 1 18 1 647 2181 186 42 96.992760 stipulated5 1 4 1 18 2 849 2181 98 39 96.950752 facts,5 1 4 1 18 3 962 2181 68 31 96.261765 ands 1 4 1 18 4 1045 2179 255 33 96.261765 recommended5 1 4 1 18 5 1315 2178 148 34 96.840096 decisions 1 4 1 18 6 1477 2178 39 34 96.989822 of5 1 4 1 18 7 1530 2178 58 32 96.204254 thes 1 4 1 18 8 1601 2178 82 32 96.204254 trials 1 4 1 18 9 1699 2176 172 34 96.594879 examiners 1 4 1 18 10 1892 2175 65 41 96.823830 (no4 1 4 1 19 0 646 2226 1309 47 -1 5 1 4 1 19 1 646 2231 109 32 96.621330 briefs5 1 4 1 19 2 763 2231 129 42 96.127068 having5 1 4 1 19 3 901 2230 82 33 96.127068 been5 1 4 1 19 4 994 2230 78 33 96.945084 filed5 1 4 1 19 5 1084 2230 67 33 96.188972 ands 1 4 1 19 6 1162 2230 72 33 96.794159 oral5 1 4 1 19 7 1246 2232 178 39 96.516212 arguments 1 4 1 19 8 1434 2233 61 28 96.516212 not5 1 4 1 19 9 1504 2228 129 43 96.716393 having5 1 4 1 19 10 1642 2228 83 42 96.728470 been5 1 4 1 19 11 1735 2226 192 43 93.291786 requested)5 1 4 1 19 12 1942 2238 13 28 89.454170 ;4 1 4 1 20 0 646 2277 1309 46 -1 5 1 4 1 20 1 646 2282 68 32 96.606773 ands 1 4 1 20 2 725 2281 58 32 96.606773 thes 1 4 1 20 3 793 2280 235 41 96.436523 Commission,5 1 4 1 20 4 1039 2280 128 43 96.436523 having5 1 4 1 20 5 1179 2280 81 41 96.571556 duly5 1 4 1 20 6 1273 2280 195 32 96.274841 considered5 1 4 1 20 7 1479 2279 58 32 96.934662 thes 1 4 1 20 8 1547 2283 124 28 96.647881 matters 1 4 1 20 9 1684 2278 67 33 96.351158 ands 1 4 1 20 10 1762 2277 102 41 96.351158 beings 1 4 1 20 11 1875 2288 80 20 96.877083 now4 1 4 1 21 0 647 2327 1308 45 -1 5 1 4 1 21 1 647 2331 91 41 96.276367 fully5 1 4 1 21 2 762 2331 138 32 96.442360 advised5 1 4 1 21 3 922 2331 36 31 96.880035 in5 1 4 1 21 4 980 2331 58 31 96.975990 thes 1 4 1 21 5 1060 2331 172 41 96.817062 premises,5 1 4 1 21 6 1255 2328 87 34 96.768654 finds5 1 4 1 21 7 1364 2330 78 32 96.396935 that5 1 4 1 21 8 1463 2329 69 33 96.675041 this5 1 4 1 21 9 1556 2329 204 42 96.122597 proceedings 1 4 1 21 10 1782 2328 29 32 96.255585 is5 1 4 1 21 11 1834 2327 37 32 96.255585 in5 1 4 1 21 12 1894 2327 61 32 96.939583 thea 1 4 1 22 0 647 2377 1309 45 -1 5 1 4 1 22 1 647 2382 141 32 96.664085 interests 1 4 1 22 2 805 2381 38 32 96.638855 of5 1 4 1 22 3 860 2382 59 33 96.328743 thes 1 4 1 22 4 934 2380 114 42 96.229546 public5 1 4 1 22 5 1066 2380 67 33 96.737724 ands 1 4 1 22 6 1150 2381 113 31 96.157661 makes5 1 4 1 22 7 1281 2380 68 33 96.940392 this5 1 4 1 22 8 1367 2381 44 31 96.911446 its5 1 4 1 22 9 1429 2380 148 40 96.525818 findings5 1 4 1 22 10 1596 2390 35 22 96.269180 as5 1 4 1 22 11 1648 2383 36 29 96.965836 to5 1 4 1 22 12 1701 2379 59 32 96.871376 thes 1 4 1 22 13 1778 2379 87 31 96.492119 facts5 1 4 1 22 14 1885 2377 71 32 96.704926 anda 1 4 1 23 0 647 2430 600 34 -1 5 1 4 1 23 1 647 2432 45 32 96.975235 its5 1 4 1 23 2 706 2431 192 33 96.666725 conclusions 1 4 1 23 3 912 2431 116 33 96.568550 drawn5 1 4 1 23 4 1043 2430 204 34 86.666176 therefrom:2 1 5 0 0 0 1049 2533 459 23 -1 3 1 5 1 0 0 1049 2533 459 23 -1 4 1 5 1 1 0 1049 2533 459 23 -1 5 1 5 1 1 1 1049 2533 162 23 96.514854 FINDINGS5 1 5 1 1 2 1224 2534 38 22 96.831703 AS5 1 5 1 1 3 1275 2534 40 22 96.724548 TO5 1 5 1 1 4 1327 2534 69 21 95.703987 THES 1 5 1 1 5 1407 2533 101 22 95.703987 FACTS2 1 6 0 0 0 648 2604 1311 144 -1 3 1 6 1 0 0 648 2604 1311 144 -1 4 1 6 1 1 0 689 2604 1268 44 -1 5 1 6 1 1 1 689 2608 210 30 36.004662 Paracrapu5 1 6 1 1 2 924 2609 26 29 95.005295 1.5 1 6 1 1 3 973 2607 229 41 93.256050 Respondent,5 1 6 1 1 4 1224 2608 53 32 91.151833 W.5 1 6 1 1 5 1301 2607 37 31 92.460144 L.5 1 6 1 1 6 1363 2606 81 41 96.640282 Abt,5 1 6 1 1 7 1467 2606 29 32 96.500038 is5 1 6 1 1 8 1519 2617 44 21 95.883461 an5 1 6 1 1 9 1585 2605 201 34 80.342918 individual.5 1 6 1 1 10 1801 2604 85 32 95.887077 with5 1 6 1 1 11 1910 2615 47 21 92.276192 an4 1 6 1 2 0 648 2656 1310 43 -1 5 1 6 1 2 1 648 2656 89 33 96.718246 offices 1 6 1 2 2 757 2658 67 31 96.831161 ands 1 6 1 2 3 844 2657 171 41 96.514175 principals 1 6 1 2 4 1035 2657 95 42 96.386719 places 1 6 1 2 5 1150 2659 38 31 96.364929 of5 1 6 1 2 6 1206 2657 151 32 96.236687 business5 1 6 1 2 7 1378 2660 35 29 96.236687 at5 1 6 1 2 8 1434 2659 58 30 96.656799 1885 1 6 1 2 9 1512 2658 95 32 96.390137 West5 1 6 1 2 10 1625 2656 186 42 96.390137 Randolph5 1 6 1 2 11 1831 2656 127 39 96.492775 Street,4 1 6 1 3 0 649 2705 1310 43 -1 5 1 6 1 3 1 649 2707 160 41 96.132187 Chicago,5 1 6 1 3 2 826 2708 55 32 63.249573 Ill.5 1 6 1 3 3 925 2707 55 33 87.798462 He5 1 6 1 3 4 996 2708 198 32 5.774841 trades’ands 1 6 1 3 5 1210 2709 79 31 96.197617 does5 1 6 1 3 6 1305 2707 151 33 96.197617 business5 1 6 1 3 7 1472 2707 108 33 96.562462 under5 1 6 1 3 8 1596 2707 55 32 96.629990 his5 1 6 1 3 9 1668 2718 74 21 96.100800 owns 1 6 1 3 10 1759 2716 109 30 93.281631 name,5 1 6 1 3 11 1886 2705 73 33 4.380112 an@ Www. L. ABT 593 579 Findings also the names of Abt Laboratories, Abt Institute, Abt Products, Abt Institute of Natural Therapy, and Abt Products Co. Par. 2. Respondent is now, .and has been for more than two years last past, engaged in the business of selling and distributing various food and drug products, as “food” and “drug” are defined in the Federal Trade Commission Act.

The designations used by respondent for the said products, and the formulas and directions for use thereof, are as follows: Designation: : “Tasty Soup Mix”

Formula: Dehydrated Okra, Parsnips, Turnips, Celery, Kelp, Carrots, Leek, Rutabaga, Tomatoes, Beans, Parsley, Soya Beans, Potatoes, potato peelings, wheat germ, salt.

Directions: Use to make soup by adding water, or on salad, in salad dressing or on buttered bread or toast.

Designation: “Erbecell”

Formula: Golden Seal Root, Fennel Seed and dehydrated alfalfa. Directions: One tablet before noon and evening meals. Designation: “Garlic-Tabs”

Formula: Garlic, Parsley.

Directions: 1 or 2 tablets twice a day just before meal time. Designation: ‘Papaya-Lets”

Formula: Papain (2% grains), Alfafa.

Directions: 1 or 2 tablets after each meal. Designation: ‘“Laxa-Tabs”

Formula: Powdered dehydrated Okra, Irish Moss, Parsley, Rhubarb Stalk and Root, Senna and Asparagus. Hach tablet contains 8 grains. Directions: Adults 2 tablets with evening meal, 2 upon retiring. Infants and small children, as prescribed by physician. Designation: ‘Carrot Tabs”

Formula: Dehydrated Raw Carrots—each tablet contains 7 grains. Directions: Four tablets twice a day just before meal time. Designation: “Mucin-Oide”

Formula: Okra, Persimmon, Alfalfa, Celery Root. ’ Directions: 4 tablets before meals, 3 times a day. Designation: ‘“Iron-X”

Formula: Alfalfa, Carrot Leaves, Sea Dulce, Mustard Greens, Parsley, Turnip Leaves, Water Cress, Ferric Citrate (organic). Each tablet contains 10 milligrams of organic iron. Directions: Adults, one to four tablets daily (Two with noon meal, one or two with evening meal). Children under five, one tablet daily with noon or evening meal.

Designation: “Vitamin B Ration”

Formula: Vitamin Bu, 85 U. S. P. units Riboflavin (B. or G), 250 gamma Niacin, 250 gamma Pyridoxine (Be), 42 gamma Pantothenic Acid, 1385 gamma Findings . 46 F.T. 0.

Directions: Five or six tablets daily.

Another formula for “Vitamin B Ration”:

Vitamin B: 250 micrograms Vitamin B, 500 micrograms Vitamin Ba 42 micrograms Pantothenic Acid 115 micrograms Niacin ---- 250 micrograms plus all other B-complex factors.

The directions for this formula are:

“Four tablets daily will supply the daily minimum requirements of both Vitamin B, and B.”

Designation: “Wheatex-B”

Formula: Natural Wheat Germ Directions: One or more tablespoons daily. Respondent causes the said products, when sold, to be transported from his place of business in the State of Illinois to purchasers thereof located in other 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 his said products in commerce between and among the various States of the United States and in the District of Columbia.

Par. 8. In the course and conduct of his business, respondent, subsequent to March 21, 1938, has disseminated and caused the dissemination of certain advertisements concerning his said products by the United States mails and by various means in commerce, as “commerce” is defined in the Federal Trade Commission Act, for the purpose of inducing and which were likely to induce, directly or indirectly, their purchase, including, but not limited to, certain circulars entitled “Presenting 10 Dietary Aids to Health and Vigor” and “Break the Chains that Sap your Health,” sent by respondent to food stores in various States of the United States which deal in his products, for distribution to members of the public, and advertisements in “Vita Health News” magazine, January 1942 and March and April 1944 issues, “Foods for Health and Enjoyment” magazine, May 1943 issue, and “Nature’s Path” magazine, May 1944 issue, all of which magazines are distributed by the United States mails, and by other means in commerce as “commerce” is defined in the Federal Trade Commission Act; and respondent has disseminated and caused the dissemination of advertisements concerning his said products by various means, including, but not limited to, the circulars and advertisements referred to above, for the purpose of inducing and which were likely to induce, directly or indirectly, the purchase of his said products in commerce, as “commerce” is defined in the Federal Trade Commission Act. The Www. L. ABT 595 579 Findings dissemination of the circular “Break the Chains that Sap your Health” was stopped in November 1948 and the dissemination of the circular “Presenting 10 Dietary Aids to Health and Vigor” was stopped: in May 1946. None of the representations hereinafter set forth have been made since May 1946, Par. 4. Among the statements and representations contained in the. said advertisements disseminated as aforesaid with respect to “Tasty Soup Mix,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor,” is the following: * * ¥* 4 delightful soup mix that nourishes and energizes. Par. 5. Through the use of the advertisements containing the statement and representation hereinabove set forth in paragraph 4, re- . spondent has represented, directly and by implication, that his “Tasty Soup Mix” will “energize” the eater by increasing the capacity for exertion in some manner other than supplying nutrition. Par. 6. “Tasty Soup Mix” will energize by supplying nutrition but possesses no energizing properties beyond those of a nutrient, Par. 7. Among the statements and representations contained in the said advertisements disseminated as aforesaid with respect to “Erbecell,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor” and in the advertisement in “Foods for Health and Enjoyment,” May 1943 issues, are the following: * * * to relieve the discomfort of dyspepsia—or griping bowel. Anyone who knows the true value of Golden Seal and Fennel to dyspepsia sufferers will appreciate Erbecell.

Par. 8. Through the use of the advertisements containing the statements and representations hereinabove set forth in Paragraph Seven, respondent has represented, directly and by implication, that “Erbecell” will relieve the discomfort of dyspepsia and griping bowels. Par. 9. “Erbecell” will not relieve the discomfort of dyspepsia or griping bowels.- The preparation is of value in the relief of flatulence, where it has a limited effect.

Par. 10. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “Garlic- Tabs” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor” and in the advertisement in “Vita Health News,” March and April 1944 issues, are the following : Sufferers from some types of high blood pressure have found garlic an effective normalizer. :

Also known to reduce intestinal putrefaction. 854002—52. 41 Findings 46 F.T.0.

Results observed for relief of :

Dullness Fatigue Nerves Dizziness Ear Ringing Head Throbs associated with high blood pressure.

Observe the effects it has as a blood normalizer and builder upper. Feel more fit. Take Garlic-Tabs.

Par. 11. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 10, respondent has represented, directly and by implication, that “Garlic- Tabs” are an effective treatment for the symptoms of some types of high blood pressure; will relieve the associated symptoms of dullness, fatigue, nervousness, dizziness, ringing in the ears, and throbbing in the head; will make abnormal blood normal; and impart vim and - vigor; that said product possesses tonic qualities and will reduce “intestinal putrefaction”; that one is benefited by reducing “intestinal putrefaction.”

Par. 12. “Garlic-Tabs” are a carminative agent, but they possess no other therapeutic or tonic properties. They are not an effective treatment for hypertension, nor will they relieve any of its associated symptoms. They have no effect whatever upon abnormal blood conditions, nor will they increase vim or vigor. “Intestinal putrefaction” of food is a normal part of the digestive process and its reduction would be highly detrimental. In the presence of a disease condition there may be an abnormal putrefaction in the intestine for which the accepted treatment is to eliminate the material itself and not to “reduce putrefaction,” for either of which “Garlic-Tabs” would be wholly without effect.

Par. 13. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “Laxa- Tabs,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor,” in the advertisement in “Foods for Health and Enjoyment,” May 1948 issue, and in the circular “Break the Chains that Sap Your Health,” are the following:

The new modern way to regularity.

Works gently * * *.

* * * onaturalregulator * * *.

The more you take, the less you need.

Natural eliminant for the bowel.

* #* * the gentle, natural action of Dr. Abt’s Laxa-Tabs. Compounded from 7 natural vegetables, known for their tonic, astringent and laxative properties.

Laxa-Tabs furnish a gentle activator for the torpid bowel. Www. L. ABT 597 579 Findings Par. 14. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 18, respondent has represented, directly and by implication, that as a consequence of the use of “Laxa-Tabs” the condition of the bowels will be such that they will regularly and spontaneously evacuate themselves without assistance; that the bowel movements which they induce are “natural,” and that they are “natural” regulators and eliminants; that their action is gentle and non-irritant; that they possess tonic and astringent properties, and that the longer they are used the less they will be needed.

Par. 15. The use of “Laxa-Tabs” will not promote or induce such a condition of the bowels that they will regularly and spontaneously evacuate themselves. The bowel movements which they induce are not natural but artificial, and they are neither a natural eliminant noranaturalregulator. Said preparation contains senna and rhubarb root, both of which are irritant laxatives, and the action of “Laxa- Tabs” is neither gentle nor nonirritant. They possess no tonic properties, and their astringent properties are insignificant. Par. 16. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “Carrot-Tabs,” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor,” are the following:

Carrots—serve many .as a digestive aid and is known to possess “antiseptic” qualities which help limit putrefactive changes in the body. A real health help to nutrition. ;

Par. 17, Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 16, respondent has represented, directly and by implication, that “Carrot- Tabs” are an aid to digestion, possess antiseptic qualities, and will limit or reduce “putrefactive changes” in the body to the benefit of the user.

Par. 18. “Carrot-Tabs” are not an aid to digestion nor do they possess antiseptic properties. They are of no therapeutic value where there is a putrescent condition of body tissue, either present or potential. The putrefaction of food in the intestine is a normal part of the digestive process, and its reduction would be highly detrimental. In the presence of a disease condition there may be an abnormal putrefaction in the intestine for which the accepted treatment is to eliminate the material itself and not to “reduce putrefaction,” for either of which “Carrot-Tabs” would be wholly without benefit. - 598 FEDERAL TRADE COMMISSION DECISIONS Findings 46 F.T. C.

Par. 19. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “Mucin- Oide,” and specifically in the circulars “Break the Chains that Sap ‘Your Health” and “Presenting 10 Dietary Aids to Health and Vigor,” and the advertisement in “Foods for Health and Enjoyment,” May 1943 issue, are the following:

Kind to nervous, irritated stomachs.

Peptic Ulcers, Gastritis. To help control the pains of peptic ulcers and gastritis. .

* * * forms a protective coating against the hydrochloric acid of the stomach, often relieves irritated membranes and aids in binding excess stomach « acids. wif Par. 20. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 19, respondent has represented, directly and by implication, that “Mucin-Oide” is soothing to nervous or irritated stomachs, will palliate the pain incident to peptic ulcers or gastritis and forms a protective coating of the stomach which protects it against stomach acids.

Par, 21, “Mucin-Oide” will not soothe “nervous” or irritated stomachs. Taken as directed it will afford no significant relief to the pain incident to peptic ulcers or gastritis. It will not neutralize stomach acids, and the amount of protective mucilaginous substance which is available for deposit on the stomach wall is insignificant. Par. 22. Among the statements and representations contained in said advertisements disseminated as aforesaid in the circular “Presenting 10 Dietary Aids to Health and Vigor,” is the following: “Gain... Retain... Health with Dr. Abt’s Dietary Aids.” With respect to “Iron-X” in said circular is the following: Lack of iron in the blood may cause simple anemia, impaired energy. Each’ tablet of “Iron-X” contains 10 milligrams of organic iron, helps fortify body iron reserve. Iron-X is derived from 8 separate vegetables, all recognized as being rich in food iron. It takes iron to make rich red blood. Among the statements and representations contained in said advertisements disseminated as aforesaid in the circular “Break the Chains that Sap Your Health” with respect to “Iron-X” are the following: ;

, “Tron-X” . , Food Iron Tablets Iron is one of the most essential minerals in the body. Lack of it causes simple anemia, which results in poor energy, unnatural thinness, pallor and W. L. ABT 599 579 Findings weak resistance to disease. For iron is a vital constituent of the blood, its chief mineral element, which gives blood its red color and used for building an abundance of vigorous red corpuscles that race through the body carrying on the process of metabolism. Hence, every normal adult should receive a minimum of 12 to 15 milligrams of iron daily. Iron-X is a concentrated mineral preparation extracted from 8 natural vegetables, all recognized as being rich in vital food iron. Each tablet supplies 10 milligrams of iron citrate and furnishes an excellent supply of that precious iron. Par. 23. Through the use of the advertisements containing the statements and representations hereinabove set forth in paragraph 22, respondent has represented, directly and by implication, that a deficiency of iron in the system may produce anemia and may result in impaired energy, unnatural thinness, pallor and weak resistance to disease, and that such anemia and the said manifestations thereof will be cured or substantially benefited by the use of “Iron-X,” taken as directed. .

Par, 24. The preparation taken as directed will provide from one to three times the adult minimum daily requirement for iron. A normal person taking the preparation as directed will not become anemic from lack of iron. The causes of impaired energy, unnatural thinness, pallor and weak resistance to disease are numerous and these conditions are only infrequently due to an iron deficiency. In the relatively rare cases where the said conditions are due to iron deficiency, adequate and effective therapy by the use of iron requires a dosage far greater than is provided by respondent’s preparation, taken as directed, and such iron deficiency, and its manifestations, will not he cured or substantially benefited by the use of “Iron-X” as directed.

Par, 25. Among the statements and representations contained in said advertisements, disseminated as aforesaid, with respect to “B- Ration,” and specifically in the advertisement in “Vita Health News,” January 1942 issue, and the circulars “Presenting 10 Dietary Aids to Health and Vigor,” and “Break the Chains that Sap your Vigor,” are the following:

Gain * * * Retain * * * Health with Dr. Abt’s Dietary Aids. Have you a hidden hunger for the B vitamins? Then let B-Ration be your body builder. Don’t allow a shortage in your system to make you tired, irritable, nervous, cause lack of appetite or possible gastro-intestinal disturbances when 1000 International units per day will go a long way in helping you capture permanent vitality.

To promote intestinal muscle tone, help restore jaded appetite, return vitality to your system and contribute to an above average nutritional condition, buy the natural vitamin B Complex, B-Ration. :

600 FEDERAL TRADE’ COMMISSION DECISIONS Findings 46 F. T.C.

It contains * * * pyrodoxine, pantothenic acid * * * all necessary for body puilding.

Vitamin B tends to aid the nerves and appetite, help digest carbohydrates. Abt’s Vitamin B Ration contains * * * 185 gamma of Pantothenia (sometimes called the “anti-gray hair factor’).

Vitamin B is not merely one vitamin, but actually several vitamins, known as B-Complex, * * * 5 tablets daily supply the normal daily requirement of Vitamin B.

Be sure of your health—be sure of the vitamins and minerals you take. Join the thousands who depend on Abt products.

Par. 26. Through the use of the advertisements and representations containing the statements and representations hereinabove set forth in paragraph 25, respondent has represented, directly and by implication, that fatigue, irritability, nervousness, lack of vitality, lack of appetite, digestive disturbances and changing of the color of the hair to gray are due to deficiencies in various components of the Vitamin B-complex, and will be cured or substantially benefited by the use of “B-Ration”; that “B-Ration,” taken as directed, will supply the normal daily adult requirement of Vitamin B-complex, will supply the user with 1,000 international units per day of the components of vitamin B-complex, assure the user against dietary deficiency in vitamin B-complex, and contribute to bodily health, vitality and wellbeing; that it will promote the tone of the intestinal muscles and help to digest carbohydrates and that all persons will be benefited by taking it.

Par. 27. The causes of fatigue, irritability, nervousness, lack of vitality, and lack of appetite are numerous and they are only infrequently attributable to a deficiency in vitamin B-complex. When due to such deficiency they will not be cured nor substantially benefited by the use of “B-Ration,” since effective and adequate vitamin therapy requires a dosage far greater than is provided by respondent’s product, taken as directed. “B-Ration,” taken as directed, gives the user the minimum daily adult requirement of vitamins B, and B., and smaller amounts of the other components of the B-complex but in such amounts it is of no therapeutic value in the correction or relief of developed symptoms of vitamin deficiency. “B-Ration” has no effect on graying hair. With the exception of vitamin B,, none of the components of “B-Ration” are measured in terms of “international units,” and “B-Ration” cannot be described in terms of such units. The product, used as directed, will not assure against dietary deficiency In B-complex, but only against deficiency in vitamins B, and B,. The product will not promote better tone in the intestinal muscles nor does it function in connection with the digestion of carbohydrates. The _W. L. ABT 601 579 Findings product possesses no therapeutic properties, and its only value is as a dietary supplement to persons whose usual diet is deficient in one or more of its components.

Par. 28. Among the statements and representations contained in said advertisements disseminated as aforesaid with respect to “Wheatex-B” and specifically in the circular “Presenting 10 Dietary Aids to Health and Vigor” are the following: Gain ... Retain... Health with Dr. ABT’S dietary aids. * A splendid energy “lift” ... If nervousness, constipation, lost appetite keep you all “fagged out” perhaps your diet is low in Vitamin B and minerals. This delicious wheat germ food gives you the bracing Vitamin B complex, together with blood and body building minerals—iron, calcium, phosphorous. Discover New Wheatex-B. It’s new LIFE for you! :

Par. 29. Through the use of the advertisements containing the statements and representations hereinbefore set forth in paragraph 28, respondent has represented, directly and by implication, that nervousness, constipation, lost appetite and consequent listlessness are due to deficiencies in vitamin B-complex, iron, calcium or phosphorous, and will be cured or substantially benefited by the use of “Wheatex-B”; that said product contains therapeutically significant amounts of vitamin B-complex, iron, calcium, or phosphorous; that by its use the capacity for exertion will be increased in some manner other than by supplying nutrition, and that all persons will be benefited by taking it. Par. 30. “Wheatex-B” possesses no “energizing” properties beyond those of a nutrient. The causes of nervousness, constipation, lack of appetite, and consequent listlessness are numerous, and those conditions are only infrequently due to deficiencies in vitamin B-complex, iron, calcium, or phosphorous. In the relatively rare cases where these conditions are due to deficiency in vitamin B-complex, or said minerals, they will not be cured or substantially benefited by the use of “Wheatex-B.” Effective and adequate vitamin or mineral therapy requires a dosage far greater than is provided by respondent’s preparation which does not contain vitamin B-complex, iron, calcium, or phosphorous in therapeutic amounts. The product will not supply the user with amounts of iron, calcium, or phosphorous significant to blood and body building. The product possesses no therapeutic properties, and its only value is as a dietary supplement in cases where the usual diet is deficient in one or more of its components. Par. 31. For the reasons stated and in the particulars indicated herein, the Commission finds that the representations made by respondent with respect to the aforesaid preparations are erroneous and misleading and constitute false advertisements. . 602 : FEDERAL TRADE COMMISSION DECISIONS Order 46 F.C.

Par. 32. While the complaint aileges that the use of the preparation “Laxa-Tabs,” an irritant laxative, is not always safe and harmless to all individuals if used under the conditions prescribed for its use or under such conditions as are customary or usual, the Commission, subsequent to the issuance thereof, has administratively determined that the potential dangers resulting from the use of preparations which are irritant laxatives under such “conditions are not of sufficient seriousness to justify a requirement that respondent affirmatively disclose in advertising all facts material with respect to the consequences which may result from its use, and therefore no findings of facts have been made with respect thereto.

The record contains no evidence with respect to the charges in n the complaint concerning the product “Papaya-Lets,” and consequently, no findings of facts with respect thereto have been made. Par. 33. The use by the respondent of the aforesaid false advertisements has had the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that the said advertisements are true and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase said products. 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 CHASE AND DESIST _ This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission, respondent’s answer thereto, stipulation as to the facts entered into by and between counsel supporting the complaint and respondent, and recommended decision of the trial examiner (no briefs having been filed and oral argument not having been requested) ; and the Commission having made its findings as to the facts and its conclusion that the respondent has violated the provisions of the Federal Trade Commission Act: It is ordered That the respondent, W. L. Abt, individually and trading as Abt Laboratories, Abt Institute, Abt Products, Abt Institute of Natural Therapy, and Abt Products Co., or trading under any other name, his agents, representatives, and employees, directly or W. L. ABT 603 579 Order through any corporate or other device, in connection with the offering for sale, sale, or distribution of respondent’s products designated “Tasty Soup Mix,” “Erbecell,” “Garlic-Tabs,” “Laxa-Tabs,” “Carrot Tabs,” “Mucin-Oide,” “Iron-X,” “Vitamin B Ration,” and “Wheatex- B,” or any other products of substantially similar composition or possessing substantially similar properties, whether sold under the same names or under any other names, do forthwith cease and desist from:

1. Disseminating or causing to be disseminated any advertisement by means of the United States mails, or by any means in commerce, as “commerce” is defined in the Federal Trade Commission Act, which advertisement represents, directly or by implication: (a) That the preparation “Tasty Soup Mix” will provide energy in any manner other than by supplying nutrition or that it possesses any energizing properties beyond those of a nutrient. (6) That the preparation “Erbecell” will relieve the discomforts of dyspepsia or griping bowels.

(c) That the preparation “Garlic-Tabs”— (1) Isa competent or effective treatment for any of the symptoms of high blood pressure or will afford any relief from dullness, fatigue, nervousness, dizziness, ringing in the ears, throbbing in the head, or any other associated symptom of high blood pressure ; (2) Will have any effect upon abnormal blood conditions ; (8) Will increase vim or vigor;

(4) Possesses any tonic properties ;

(5) Posses any therapeutic properties other than as a carminative agent; or (6) Will reduce intestinal putrefaction, or that one is benefited by a reduction of intestinal putrefaction.

(d) That the preparation “Laxa-Tabs”— (1) Will cause the bowels to regularly and spontaneously evacuate themselves without assistance ;

(2) Will induce bowel movements that are natural; (3) Isa natural regulator or eliminant ;

(4) Is gentle and non-irritant in its action; or (5) Possesses any tonic or significant astringent properties. (e) That the preparation “Carrot-Tabs”— (1) Is an aid to digestion ;

(2) Possesses any antiseptic properties; or (3) Has any therapeutic value where there is a putrescent condition, of body tissue either present or potential. Order 46 F.T.C.

(f) That the preparation “Mucin-Oide” will— (1) Soothe nervous or irritated stomachs;

(2) Alleviate the pain incident to peptic ulcers or gastr itis; or (3) Form a protective coating of the stomach which protects it against stomach acids.

(g) That the preparation “Iron-X,” when taken as directed by respondent, will— (1) Have any therapeutic effect upon an iron deficiency in the system, or upon any manifestations of such an iron deficiency; or _ (2) Have any beneficial effect in the treatment if impaired energy, unnatural thinness, pallor, or weak resistance to disease. (h) That the preparation “Vitamin B Ration,” when taken as directed by respondent, will— (1) Provide any therapeutic benefits;

(2) Cure, or constitute an adequate or effective treatment of, fatigue, irritability, or nervousness ;

(8) Restore vitality or appetite;

(4) Have any effect on the color of the hair; (5) Except for Vitamins B, and B,, provide the minimum daily adult nutritional requirements of the components of Vitamin B-complex;

(6) Promote better one in the intestinal muscles or aid in the digestion of carbohydrates; or (7) Have any beneficial value except as a dietary supplement to persons whose usual diet is deficient in one or more of its components. (7) That the components of the Vitamin B-complex, with the exception of Vitamin B,, are measured in terms of International Units. (j) That the preparation “Wheatex-B”— (1) Contains therapeutically significant amounts of Vitamin Bcomplex, iron, calcium, or phosphorus, or will supply the user with amounts of iron, calcium, or phosphorus significant to blood or body building;

(2) Will cure or substantially benefit nervousness, constipation, lack of appetite, and consequent listlessness ; (3) Possesses any therapeutic properties; or (4) Will increase the capacity for exertion in any manner other than by supplying nutrition, or have any beneficial value except as a dietary supplement in cases where the usual diet is deficient in one. or more of its components.

2. Disseminating or causing to be disseminated any advertisement, by any means, for the purpose of inducing, or which is likely to induce, Www. L. ABT 605 579 Order directly or indirectly, the purchase in commerce, as “commerce” is defined in the Federal Trade Commission Act, of said preparations, which advertisement contains any of the representations prohibited in Paragraph 1 hereof.

It is further ordered, That respondent shall, within 60 days after the service upon him of this order, file with the Commission a report in writing, setting forth the manner and detail in which he has complied with this order.

Syllabus 46 F. T. O.