Nicholas Sage trading as Geo-Mineral Co.

Text (OCR of the scan at left; may contain errors)

In toe Marrer or NICHOLAS SAGE TRADING AS GEO-MINERAL CO.

COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THH ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGRESS APPROVED SEPT. 26, 1914 Docket 5666. Complaint, June 20, 1949—Decision, June 14, 1950 The generic term “anemia” embraces a considerable number of disease conditions, and it is only in that very small percentage of the cases of anemia encountered in medical practice, which is caused by an inadequate intake of iron in the diet, that a preparation such as that involved in the instant - case would have any therapeutic value or be, effective in enriching the blood or intending to produce rich red blood; and such a preparation would not be of value in the treatment of iron deficiency anemia resulting from an inadequate absorption of iron by the intestine or an increased loss of iron as in chronic bleeding; or in the treatment of pernicious anemia and other macrocytic anemias or those caused by- derangements of the blood-forming organs of the body or conditions resulting in increased destruction of red blood cells; or in that of anemia secondary to severe or chronic diseases such as cancer, kidney disease, infections, etc. Such symptoms or conditions as headaches, nervousness and dizzy spells, lack of vitality, energy, ambition, sparkle in the eyes and brilliance of the mind, poor appetite, underweight, weakened sexual powers and similar conditions may be due to anemia resulting from an inadequate intake of iron in the diet or to any of the numerous other types of anemia, and may also be due to a wide variety of disease conditions which are in no wise related to anemia. In only an extremely small percentage of persons having the aforesaid symptoms, however, are they the result of anemia due to a simple deficiency of iron in the diet, and it is only in said extremely small percentage of cases that such a preparation as that involved in the instant case would have any therapeutic value in their correction or relief. Where an individual engaged in the interstate sale and distribution of a preparation designated as “Geo-Mineral” from his place of business and from his suppliers to dealers and individuals; in advertising in various newspapers and by other means— (a) Falsely represented that his said Geo-Minera]l, taken as directed, was a competent and effective treatment for and would cure stomach and kidney ailments, bloating, constipation, bowel adhesions, rheumatism, arthritis and neuritis, and would relieve the pains of rheumatism and arthritis; (0) Represented that it was a competent and effective treatment for and would cure headaches and nervousness or dizzy spells and would restore vitality, energy or weakened sexual power, improve appetite, and increase weight and energy, build the blood, and correct dullness, tiredness, laziness, poor appetite or a lack of ambition to work or play, or of sparkle in the eyes or of mental brilliance, or similar symptoms or conditions; The facts being it was of no value for the treatment of such conditions except in those very limited instances in which they are due solely to an iron deficiency diet rather than to numerous other possible causes; GEO-MINERAL CO. 921 920 Sylabus (c) Falsely represented that said preparation contained no drug and restored health without use of drugs, and contained the same minerals in therapeutic amounts as were found in the best mineral spring water and would produce the benefits ordinarily ascribed to the use of such mineral water; (@) Represented falsely that said preparation kept the colon free from waste matter, and that black stools and evidences of impurities in the urine demonstrated such results;

The facts being that any black color of the stools following the taking of the preparation was due to the chemical reaction of the iron compounds therein with sulphur compounds in the fecal matter and had no therapeutic significance; and use thereof would not cause impurities to appear in the urine; and Represented that 65 percent of all persons over 35 suffer from nutritional mineral-iron anemia and that when a person is nervous, dull, tired, or lazy, has headaches and dizzy spells, lacks ambition to work or play and has a poor appetite, and when eyes lack sparkle and the mind lacks brilliance, or other similar condition exists, such symptoms indicate a lack of minerals in the blood, and that use of said preparation as directed would correct them and restore health to all persons who might suffer ill health ; The facts being there are no reliable medical statistics showing that 65 percent or any other percent of persons over 35 suffer from such anemia; and as respects symptoms above set out, said preparation, as heretofore noted, would be of value in only a relatively small number of cases ; With tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous belief that such statements were true, and thereby induce its purchase of his said preparation: 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.

~~ (e In concluding, in the instant proceeding, that certain of the advertising statements made by respondent as above set out were false and deceptive, the Commission, as in other cases heretofore presented to it for determination, took into consideration the innuendoes and suggestions contained therein. Thus, in offering said product for correction or cure of designated symptoms or conditions, for which it would be of benefit only in an extremely small percentage of instances, and would not be of benefit in the numerous other instances due to causes other than a deficiency of iron in the diet, respondent suggested not only that such symptoms or conditions might be due to the cause for which the product was beneficial but also that there was a likelihood that they were in fact due to such cause, a representation which, if made by suggestion and unaccompanied by an appropriate disclosure of the likelihood of other causes of the symptoms or conditions, is as false and deceptive as one made categorically, and is therefore subject to the exercise of the Commission’s corrective action in the same manner and to the same extent as though made by affirmative statement. Mr. Morton Nesmith for the Commission.

Barksdale, Abbott & Thies, of St. Louis, Mo., and uM . Maz Siskind, of Washington, D. C., for respondent.

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1 13 1 4 1 751 2085 79 25 92.013992 Takes 1 13 1 4 2 844 2085 195 25 91.393562 Geo-Minerals 1 13 1 4 3 1054 2085 76 26 95.314552 after5 1 13 1 4 4 1145 2087 98 25 96.692184 meals.2 1 14 0 0 0 677 2148 1311 550 -1 3 1 14 1 0 0 677 2148 1311 537 -1 4 1 14 1 1 0 724 2148 1264 46 -1 5 1 14 1 1 1 724 2148 73 33 96.590668 Thes 1 14 1 1 2 823 2149 205 42 96.481575 respondents 1 14 1 1 3 1054 2161 113 23 96.298622 causes5 1 14 1 1 4 1196 2151 74 33 96.252960 said5 1 14 1 1 5 1298 2152 89 42 96.328438 drugs 1 14 1 1 6 1413 2153 221 41 96.703575 preparations 1 14 1 1 7 1662 2153 96 32 96.541809 when5 1 14 1 1 8 1786 2153 73 32 95.548965 sold5 1 14 1 1 9 1886 2157 36 29 95.548965 to5 1 14 1 1 10 1948 2153 40 34 96.941147 be4 1 14 1 2 0 680 2199 1305 43 -1 5 1 14 1 2 1 680 2199 146 42 96.536644 shipped5 1 14 1 2 2 842 2199 90 33 96.315132 from5 1 14 1 2 3 947 2199 54 34 96.315132 his5 1 14 1 2 4 1015 2201 97 41 96.916595 places 1 14 1 2 5 1126 2202 38 31 97.012016 of5 1 14 1 2 6 1178 2202 151 32 96.517776 business5 1 14 1 2 7 1345 2202 36 32 96.997414 in5 1 14 1 2 8 1395 2203 57 32 96.856041 thes 1 14 1 2 9 1469 2202 96 34 96.885773 States 1 14 1 2 10 1581 2204 38 32 96.572151 of5 1 14 1 2 11 1633 2204 162 32 96.058311 Missouri5 1 14 1 2 12 1811 2204 68 32 96.243118 ands 1 14 1 2 13 1895 2204 90 32 96.017113 from4 1 14 1 3 0 680 2249 1305 47 -1 5 1 14 1 3 1 680 2249 54 32 96.974190 his5 1 14 1 3 2 745 2250 169 41 96.168945 suppliers5 1 14 1 3 3 927 2250 90 32 96.280815 from5 1 14 1 3 4 1028 2251 90 33 96.383797 theirs 1 14 1 3 5 1129 2252 112 41 96.809265 places5 1 14 1 3 6 1254 2253 38 31 96.983971 of5 1 14 1 3 7 1302 2253 151 32 96.792633 business5 1 14 1 3 8 1465 2253 36 31 96.903404 in5 1 14 1 3 9 1513 2253 57 32 97.002098 thes 1 14 1 3 10 1583 2253 112 34 96.785484 States5 1 14 1 3 11 1708 2254 38 32 96.953224 of5 1 14 1 3 12 1759 2253 145 43 96.387146 Georgia5 1 14 1 3 13 1919 2256 66 31 96.952484 anda 1 14 1 4 0 679 2298 1307 40 -1 5 1 14 1 4 1 679 2298 161 34 96.073517 Missouri5 1 14 1 4 2 855 2304 35 28 97.013298 to5 1 14 1 4 3 905 2300 129 33 96.908897 dealers5 1 14 1 4 4 1050 2301 68 32 96.735023 ands 1 14 1 4 5 1133 2301 210 34 96.812859 individuals5 1 14 1 4 6 1357 2303 133 32 96.368500 located5 1 14 1 4 7 1504 2304 36 31 96.712585 in5 1 14 1 4 8 1555 2304 136 31 96.657356 various5 1 14 1 4 9 1706 2304 97 32 96.566719 others 1 14 1 4 10 1819 2304 112 34 96.463676 States5 1 14 1 4 11 1948 2305 38 32 96.843033 of4 1 14 1 5 0 680 2349 1306 38 -1 5 1 14 1 5 1 680 2349 59 33 96.469284 thes 1 14 1 5 2 755 2349 130 34 96.233406 United5 1 14 1 5 3 903 2349 113 34 96.243919 States5 1 14 1 5 4 1033 2351 70 32 96.752655 ands 1 14 1 5 5 1119 2351 38 32 96.494499 in5 1 14 1 5 6 1172 2352 58 32 96.658020 thes 1 14 1 5 7 1247 2352 147 33 96.669838 Districts 1 14 1 5 8 1411 2352 39 33 96.491280 of5 1 14 1 5 9 1468 2352 187 34 96.491280 Columbia.5 1 14 1 5 10 1700 2353 84 33 96.529961 Said5 1 14 1 5 11 1803 2354 129 32 96.540543 dealers5 1 14 1 5 12 1950 2355 36 32 96.838867 in4 1 14 1 6 0 680 2400 1306 46 -1 5 1 14 1 6 1 680 2406 81 26 96.747185 turns 1 14 1 6 2 781 2400 60 32 96.438881 sells 1 14 1 6 3 861 2401 82 32 96.641075 such5 1 14 1 6 4 963 2400 88 43 96.591080 drugs 1 14 1 6 5 1070 2402 222 41 96.706352 preparations 1 14 1 6 6 1311 2406 35 28 96.033104 to5 1 14 1 6 7 1366 2403 58 32 96.204994 thes 1 14 1 6 8 1444 2403 136 42 96.883141 general5 1 14 1 6 9 1599 2404 125 42 95.325241 public.5 1 14 1 6 10 1768 2404 218 42 96.631882 Respondent4 1 14 1 7 0 679 2451 1307 40 -1 5 1 14 1 7 1 679 2451 184 32 96.336227 maintains5 1 14 1 7 2 880 2451 67 32 96.832352 ands 1 14 1 7 3 963 2455 35 28 96.308838 at5 1 14 1 7 4 1014 2452 47 32 96.635170 all5 1 14 1 7 5 1076 2452 98 33 96.547691 times5 1 14 1 7 6 1190 2453 193 38 96.431473 mentioned5 1 14 1 7 7 1399 2454 116 31 95.782181 herein5 1 14 1 7 8 1531 2454 61 33 95.782181 has5 1 14 1 7 9 1607 2454 210 33 96.298668 maintained5 1 14 1 7 10 1835 2466 18 21 95.174911 a5 1 14 1 7 11 1870 2466 116 22 95.174911 course4 1 14 1 8 0 681 2501 1303 45 -1 5 1 14 1 8 1 681 2501 38 32 96.824219 of5 1 14 1 8 2 730 2501 97 32 96.824219 trades 1 14 1 8 3 839 2502 36 31 96.731285 in5 1 14 1 8 4 887 2502 74 31 96.731285 said5 1 14 1 8 5 973 2503 222 40 96.359863 preparations 1 14 1 8 6 1207 2503 36 31 96.281540 in5 1 14 1 8 7 1256 2514 182 22 95.942307 commerce5 1 14 1 8 8 1449 2504 148 32 95.942307 between5 1 14 1 8 9 1610 2505 67 31 96.313530 ands 1 14 1 8 10 1691 2516 124 30 96.313530 among5 1 14 1 8 11 1825 2506 58 31 93.291245 thes 1 14 1 8 12 1896 2506 88 31 92.363075 vari-4 1 14 1 9 0 680 2551 1305 38 -1 5 1 14 1 9 1 680 2562 60 22 96.787910 ous5 1 14 1 9 2 754 2551 113 33 96.815643 States5 1 14 1 9 3 880 2553 38 31 97.003853 of5 1 14 1 9 4 931 2552 58 32 96.428848 thes 1 14 1 9 5 1001 2552 129 34 96.428848 United5 1 14 1 9 6 1145 2553 113 33 96.251686 States5 1 14 1 9 7 1272 2554 68 31 96.692123 ands 1 14 1 9 8 1353 2554 36 31 96.916908 in5 1 14 1 9 9 1402 2554 59 32 96.981590 thes 1 14 1 9 10 1474 2554 146 33 96.895561 Districts 1 14 1 9 11 1633 2555 38 32 96.693207 of5 1 14 1 9 12 1686 2555 188 32 96.027428 Columbia.5 1 14 1 9 13 1919 2556 66 33 91.462318 His4 1 14 1 10 0 679 2602 1306 43 -1 5 1 14 1 10 1 679 2602 134 32 96.193260 volumes 1 14 1 10 2 836 2602 38 33 96.966629 of5 1 14 1 10 3 896 2602 151 33 96.330711 business5 1 14 1 10 4 1071 2602 36 32 96.842651 in5 1 14 1 10 5 1130 2603 75 32 96.396095 said5 1 14 1 10 6 1229 2603 88 42 96.762589 drugs 1 14 1 10 7 1340 2605 222 40 96.212265 preparations 1 14 1 10 8 1585 2605 37 32 96.607407 in5 1 14 1 10 9 1645 2605 82 32 96.073486 such5 1 14 1 10 10 1751 2617 181 21 96.073486 commerce5 1 14 1 10 11 1956 2607 29 31 96.408478 is4 1 14 1 11 0 677 2649 575 49 -1 5 1 14 1 11 1 677 2649 212 49 96.333794 substantial. GEO-MINERAL CO. 923 920 Complaint Par. 3. In the course and conduct of his business respondent since March 21, 1938, has disseminated and caused the dissemination of certain advertisements concerning said preparation by the United States mails and by various means in commerce as “commerce” is defined in the Federal Trade Commission Act, including but not limited to advertisements inserted in Aurora Beacon News, Aurora, Ill., various issues between June 1, 1948, and February 1949; Elgin Courier-News, Elgin, Ill., various issues between June 1, 1948, and February 1949 ; Herald-News, Joliet, Ill., various issues between June 1, 1948, to February 1949; Daily News Tribune, La Salle, Ill, issues of February 2, 9, and 23, 1949; News Gazette, Champaign, Ill, issues of January 5 and 26, February 2, 9, 16, and 23, 1949; the Nashville Banner, Nashville, Tenn., issue of April 28, 1948 ; Montgomery Advertiser, Montgomery, Ala., issues of April 8 and 30, 1948; Miami Herald, Miami, Fla., issue of August 12, 1948, and Richmond Times-Dispatch, Richmond, Va., issue of December 11, 1947, and on various other dates in the years of 1947, 1948, and 1949; and respondent has disseminated, and caused the dissemination of advertisements concerning his said preparation, by various means, including but not limited to the advertisements referred to above, for the purposes of inducing and which were likely to induce, directly or indirectly, the purchase of the said preparation in commerce, as “commerce” is defined in the Federal Trade Commission Act.

Par. 4. Among the statements and representations contained in said advertisements disseminated as aforesaid, are the following: [Statements and representations set out here at length in the complaint are published in the findings at p. 928, and are omitted here in the interest of brevity.] Par. 5. Through the use of the statements in the advertisements hereinabove set forth? and others of the same import, not specifically set out herein, respondent represented that his preparation Geo- Mineral, taken as directed, is a competent and effective treatment for and wil] cure stomach ailments, kidney ailments, bloating, constipation, bowel adhesions, rheumatism, arthritis, neutritis, headaches, nervousness, and dizzy spells; will restore vitality, energy, and weakened sexual powers; will improve the appetite and increase the weight of the user; that its use will relieve the pains of rheumatism and arthritis; that said preparation does not contain drugs and restores health without the use of drugs; that it contains the same minerals in therapeutic amounts as are found in the mineral waters of the best 1 Set out in full in the findings, as above set forth, and omitted here in the interest of brevity.

Complaint 46 Ff. T.C.

mineral springs and that the use of the preparation will produce the benefits ordinarily ascribed to the use of such mineral waters; that its use will enrich the blood and build rich, red blood; that said preparation keeps the colon free from waste matter, and that the black stools and evidences of impurities in the urine demonstrate these results; that 65 percent of all persons over 35 years of age suffer from nutritional mineral-iron anemia; that when a person is nervous, dull, tired, lazy, has headaches and dizzy spells, lacks ambition to work or plan, has a poor appetite, when eyes lack sparkle and the mind brilliance or when other similar conditions exist, such conditions indicate lack of minerals in the blood and that the use of the said preparation, as directed, will correct them and that its use will restore health to all persons who may suffer ill health.

Par. 6. The aforesaid 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, respondent’s preparation Geo-Mineral has no value in the treatment of stomach ailments, kidney ailments, bloating, constipation, bowel adhesions, neuritis, rheumatism, and arthritis and the pains thereof; and, except to the extent hereinafter set forth, has no value in the treatment of headaches, nervousness and dizzy spells, lack of vitality, energy, ambition, sparkle in the eyes and brilliance of the mind, poor appetite, underweight, weakened sexual powers and similar conditions, in building rich, red blood and in restoring or benefitting the health of the user. Practically all of the ingredients contained in said preparation are drugs and any results obtained through its use are by reason of a drug contained therein. It does not contain the same minerals as exist in water from the best mineral springs and the benefits obtained through its use are not comparable to those following the use of such waters. Said preparation will not keep the colon free from waste matter. Black stools and evidences of impurities in the urine are not indicative of any such result. Any black color of the stools following the taking of the preparation is due to the chemical reaction of the iron compound in the preparation with sulfur compounds in the fecal matter and has no therapeutic significance. The use of the preparation will not cause impurities to appear in the urine. There are no reliable medical statistics showing that 65 percent or any other percent of persons over 85 suffer from nutritional mineral-iron anemia. Par. 7. There are a considerable number of disease conditions embraced under the generic term “anemia”; some of these anemias result 2 See footnote on p. 923.

GEO-MINERAL CO. 925:

920 Complaint from a deficiency of iron in the body, while the remainder result from a variety of other causes. Only that type of anemia involving a deficiency of iron in the body which has resulted from an inadequate intake of iron in the diet may be benefited by Geo-Mineral taken as directed; the preparation is not of value in the treatment of iron — deficiency anemia resulting from an inadequate absorption of iron by the intestine or an increased loss of iron as in chronic bleeding; the preparation would also be without value in the treatment of pernicious anemia and other marocytic anemias, or.the anemias caused by derangements of the blood-forming organs of the body or conditions resulting in increased destruction of red blood cells; it is also without value in the treatment of anemia secondary to severe or chronic . diseases such as cancer, kidney disease, infections, etc. Of the cases of anemia encountered in medical practice, only a very small percentage is caused by an inadequate intake of iron in the diet, and it is only in this very small percentage of cases that Geo-Mineral may have any therapeutic value; also, it is only in this very small percentage of cases of anemia that the preparation would be effective in enriching the blood or in tending to produce rich, red blood. Such symptoms or conditions as headaches, nervousness and dizzy spells, lack of vitality, energy, ambition, sparkle in the eyes and brilliance of the mind, poor appetite, underweight, weakened sexual powers and similar conditions may be due to anemia resulting from an inadequate intake of iron in the diet; these symptoms may also be due to any of the numerous other types of anemia and they may also be due to a wide variety of disease conditions which are in no wise related to anemia. In only an extremely small percentage of persons having the aforementioned symptoms are the symptoms the result of anemia due to a simple deficiency of iron in the diet, and it is only in this extremely small percentage of cases that Geo-Mineral will have any therapeutic value in the correction or relief of the aforementioned symptoms. ;

Par. 8. The use by the respondent of the aforesaid statements and representations disseminated as aforesaid, has had and now has the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that all of such statements are true and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent’s said preparation. Par. 9. The aforesaid acts and practices of the respondent, as herein alleged, are all to the prejudice and injury of the public and consti- Findings 46 F. T. C.

tute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. Report, FINDINGS aS To THE Facts, AND ORDER Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission, on June 20, 1949, issued and subsequently served its complaint in this proceeding upon the respondent, Nicholas Sage, trading as Geo-Mineral Co., charging him with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. Thereafter, counsel supporting the complaint moved that the complaint herein be amended in certain respects, counsel for respondent interposed answer in opposition to the granting of such motion, and counsel supported the complaint and counsel for respondent subsequently joined in a request to the Commission that the motion to amend be withdrawn, which request has been granted by the Commission. Respondent, on December 2, 1949, filed answer to the complaint in which answer respondent admits all the material allegations of fact set forth in the complaint and waives all intervening procedure and further hearings as to the facts. Thereafter, this proceeding regularly came on for final hearing before the Commission upon the complaint and the answer thereto; and the Commission, having duly considered the matter and being now fully advised in the premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom.

FINDINGS AS TO THE FACTS Paracrapy 1. Respondent Nicholas Sage is an individual formerly trading and doing business as Geo-Mineral Co. with his office and principal place of business located at 276 Arcade Building, St. Louis, Mo.

Par. 2. Said respondent is now and has been for several years last past engaged in the business of selling and distributing a preparation, designated as “Geo-Mineral,” containing drugs as “drug” is defined in the Federal Trade Commission Act. The formula for respondent’s preparation and directions for its use, are as follows: Formula: An aqueous solution containing:

Ferric sulfate___-_--_-_-_-__-_- ee 4.22 g. per 100 cc. Ferrous sulfate 0.04 g. per 100 ce.

Aluminum sulfate 0.93 g. per 100 ce.

Calcium sulfate 0.19 g. per 100 cc.

Magnesium sulfate - 0.33 g. per 100 ce.

GEO-MINERAL CO. 927 920 , Findings ' Phosphoric acid__- - 0.020 g. per 100 ee. Manganese 0.0065 g. per 100 ec.

Copper. less than__ 0.001 g. per 100 ce.

Directions for use:

IMPORTANT: NEVER TAKE GEO-MINERAL UNDILUTED. Take one teaspoonful twice daily, in a full glass of water, or fruit juice if preferred. Take Geo-Mineral after meals.

The respondent causes said drug preparation when sold to be shipped from his place of business in the State of Missouri and from his suppliers from their places of business in the States of Georgia and Missouri to dealers and individuals located in various other States of the United States and in the District of Columbia. Said dealers in turn sell such drug preparation to the general public. Respondent maintains and at all times mentioned herein has maintained a course of trade in said preparation in commerce between and among the various States of the United States and in the District of Columbia. His volume of business in said drug preparation in such commerce is substantial.

Par. 3. In the course and conduct of his business respondent, since March 21, 1938, has disseminated and caused the dissemination of certain advertisements concerning said preparation by the United States mails and by various means in commerce as “commerce” is defined in the Federal Trade Commission Act, including but not limited to advertisements. inserted in various issues of the Aurora Beacon News, Aurora, Ill., appearing between June 1, 1948, and February 1949; Elgin Courier-News, Elgin, Ill., various issues between June 1, 1948, and February 1949; Herald-News, Joliet, Ill., various issues between June 1, 1948, to February 1949; Daily News Tribune, La Salle, Ill., issues of February 2, 9, and 23, 1949; News Gazette, Champaign, Ill, issues of January 5 and 26, February 2, 9, 16, and 28, 1949; the Nashville Banner, Nashville, Tenn., issue of April 28, 1948; Montgomery Advertiser, Montgomery, Ala., issues of April 8 and 30, 1948; Miami Herald, Miami, Fla., issue of August 12, 1948, and Richmond Times-Dispatch, Richmond, Va., issue of December 11, 1947, and on various other dates *n the years of 1947, 1948, and 1949; and respondent has disseminated, and caused the dissemination of advertisements concerning his said preparation, by various means, including but not limited to the advertisements referred to above, for the purpose of inducing and which were likely to induce, directly or indirectly, the purchase of the said preparation in commerce, as “commerce” is defined in the Federal Trade Commission Act.

Findings 4d F.T. 0.

Par. 4. Among the statements and representations contained in said advertisements disseminated as aforesaid, are the following: YOU CAN ENJOY GOOD HEALTH STOMACH AILMENTS, WEAK KIDNEYS, RHEUMATIC PAINS, ARTHRITIS, NEURITIS, and such complaints as Headaches, Nervousness, Acids, Toxins, Bloating, Lack of Vitality, Energy, Poor Appetite, Underweight, Dizzy Spells.

Drugless Health! ‘NO MATTER .how long you have been suffering from stomach, kidney, and rheumatic distress, and what drugs you have tried before, you can, now, hope for relief if you take GHO-MINERAL. With your eyes SEE the results 7 days after you start taking it. ;

DRUGGISTS, Chemists cannot make GEO-MINEBRAL. It comes from the earth—Nature’s laboratory. Contains NO dope, NO alcohol, NO oil. ONLY Nature’s minerals—the oldest, most reliable remedy for rheumatism, arthritis, kidney, and stomach ailments.

Wonder Minerals FOR THOUSANDS of years sufferers, on advice of doctors, go to mineral springs to get cure, or relief. The late President Roosevelt used to go to Mineral Springs in Georgia. He was helped or would not have gone there twice a year. WE HAVE all heard of the miraculous springs of Lourdes, France, and famous Thronion in ancient Grece, where, according to legend, Hercules, the god of eternal strength and youth, drank its waters and bathed to be forever young. If YOU ARE a sufferer, and cannot go to the mineral springs, try GHO- MINERAL which contains a blend of the same minerals that can be found at the world’s best: springs. The minerals in it may work miracles. Amazing Results WATCH your elimination from your bowels two or three days after you start using GEO-MINERAL. The waste, black as coal, will break away and you will SEE it! Also examine your urine. You may see impurities—poisonous waste— coming out of your kidneys, and feel the relief. Be sure to watch for all this to realize its priceless value. , MEDICAL records show 65% of men and women over 35 suffer from nutritional mineral-iron anemia. When you feel nervous, duil, tired, lazy, have dizzy spells, no ambition to work or play, a poor appetite; when your eyes lack that bright spark and your mind brilliance; when headaches get the best of you, and you feel old beforé your time, and life seems not worth living, with wor ry wearing you down—it may be simply lack of minerals in your blood. GEO- MINURAL is then what you need.

100% Guaranteed! WE URGE everyone to try GHO-MINERAL. Do not hesitate one moment. Go to your drug store now. Get one bottle. Use it one week. If you are not 100 percent satisfied, we will refund your money. GEO-MINERAL CO. 929 920 Findings REGARDLESS of how long you have been suffering, and how many medicines you have tried before, GEO-MINERAL may be the remedy you need! TRY it today; It may do wonders for you—and be the best investment for your health. Make you feel, eat, sleep, work, and enjoy life better. GEO- MINERAL: 1 bottle $1.10, p for $6.00.

* %* * when the sexual powers weaken and life seems not worth living * * * GEO-MINERALS is then what you need.

GOOD NEWS FOR SICK PEOPLE STOMACH AILMENTS, WEAK KIDNEYS, RHEUMATIC PAINS, ARTHRITIS, NEURITIS, and such complaints as Headaches, Nervousness, Acids, Toxins, Bloating, Lack of Vitality, Energy, Poor Appetite, Underweight, Dizzy Spells.

Drugless Health IF YOU ARB a sufferer of these ailments, try GEO-MINERAL, | You may be astonished at the results. You need not guess—you will see facts. GHO- MINERAL comes from the earth—Nature’s Laboratory. Contains NO dope, NO alcohol, NO oil. ONLY Nature’s minerals, the oldest, most reliable remedy for rheumatism, arthritis, kidney, and stomach ailments. GEO-MINERALS will enrich your blood, help to make you strong, full of pep, life and energy. Lack of minerals in the blood causes anemia, headaches, nervousness. Minerals generate mental brilliancy, give sparkling eyes, red cheeks, fight disease, build up health.

RHEUMATISM, arthritis are dreadful diseases. Acid condition in the blood is often their cause. What could be the remedy? For thousands of years, minerals have been used to relieve the pain and suffering of these ills. People, on the advice of doctors, go to mineral springs to find cure or relief. The late President Roosevelt used to go to Warm Springs in Georgia. He was helped or he would not have gone there regularly twice a year. Amazing Results YEAR after year, people rush to mineral springs and spas, to drink and bathe in their miraculous water. We have all heard of the wondrous springs of Lourdes, France, and famous Thronion in ancient Greece where, according to legend, Hercules, the god of eternal strength and youth, drank its waters and bathed to be forever young. ‘ GEO-MINERAL contains minerals you get at the world’s best springs. -Watch your elimination from your bowels a day or two after using it. The waste, black as the color of your shoes, will start to break away, and you will SEE it. Also examine your urine. You may see impurities—poisonous waste—coming out of your kidneys, relieving you. And then realize the priceless value of GEO-MINERAL. ;

. WE URGE everyone to try GEO-MINERAL. Do not hesitate one moment. Get one bottle. Use it one week. If you are not 100 percent satisfied we will refund your money in full. Try it today! It may do wonders for you—and be the best investment for your health. Make you feel, eat, sleep, work, and enjoy life better.

Findings 46 F.T.C, SICK! STOMACH AILMENTS, WEAK KIDNEYS, RHEUMATIC PAINS, ARTHRITIS, NEURITIS, and such complaints as Headaches, Nervousness, Acids, Toxins, Bloating, Lack of Vitality, Energy, Poor Appetite, Underweight, Dizzy Spells.

Drugless Health * Eo * * * Rich Red Blood * * * * * Wonder Minerals x oF ok eK Amazing Results x oe * *k * 100% Guaranteed! . NEWS STOMACH AILMENTS, WHAK KIDNEYS, RHEUMATIC PAINS, ARTHRITIS, NEURITIS Drugless Health! kek Kk OK OK Amazing Results * * * * * Wonder Minerals * * a * * Read What They Say! * * * * * 100% Guaranteed HEALTH NEWS Constipation is the cause of this atonic abnormal colon. Keep colon free from poisonous waste matter.

Spastic constipation—This condition is often caused by over use of harsh cathartics, physics.

Bowel Adhesions—Proper diet, keeping colon clean, always helps to avoid the condition of this colon.

Par. 5. Through the use of the statements in the advertisements hereinabove set forth and others of the same import, not specifically set out herein, respondent represented that his preparation Geo-Mineral, taken as directed, is a competent and effective treatment for and will cure stomach ailments, kidney ailments, bloating, constipation, bowel adhesions, rheumatism, arthritis, neuritis, headaches, nervousness, and dizzy spells; will restore vitality, energy, and weakened sexual powers; will improve the appetite and increase the weight of the user; that its use will relieve the pains of rheumatism and arthritis; that said preparation does not contain drugs and restores health without the use of drugs; that it contains the same minerals in therapeutic amounts as e GEO-MINERAL CO. 931 920 Findings are found in the mineral waters of the best mineral springs and that the use of the preparation will produce the benefits ordinarily ascribed to the use of such mineral waters; that its use will enrich the blood and build rich, red blood; that said preparation keeps the colon free from waste matter, and that the black stools and evidences of impurities in the urine demonstrate these results; that 65 percent of all persons over 35 years of age suffer from nutritional mineral-iron anemia; that when a person is nervous, dull, tired, lazy, has headaches and dizzy spells, lacks ambition to work or play, has a poor appetite, when eyes lack sparkle and the mind brillance or when other similar conditions exist, such conditions indicate a lack of minerals in the blood and that the use of the said preparation, as directed, will correct them and that its use will restore health to all persons who may suffer ill health. Par. 6. The aforesaid 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, respondent’s preparation Geo-Mineral has no value in the treatment of stomach ailments, kidney ailments, bloating, constipation, bowel adhesions, neuritis, rheumatism and arthritis, and the pains thereof; and, except to the extent hereinafter set forth, has no value in the treatment of headaches, nervousness and dizzy spells, lack of vitality, energy, ambition, sparkle in the eyes and brilliance of the mind, poor appetite, underweight, weakened sexual powers and similar conditions, in building rich, red blood and in restoring or benefiting the health of the user. Practically all of the ingredients contained in said preparation are drugs and any results obtained through its use are by reason of a drug contained therein. It does not contain the same minerals as exist in water from the best mineral springs and the benefits obtained through its use are not comparable to those following the use of such waters. Said preparation will not keep the colon free from waste matter. Black stools and evidence of impurities in the urine are not indicative of any such result. Any black color of the stools following the taking of the preparation is due to the chemical reaction of the iron compounds in the preparation with sulfur compounds in the fecal matter and has no therapeutic significance. The use of the preparation will not cause impurities to appear in the urine. There are no reliable medical statistics showing that 65 percent or any other percent of persons over 35 suffer from nutritional mineral-iron anemia.

Par. 7. There are a considerable number of disease conditions embraced under the generic term “anemia”; some of these anemias 854002—52——62 Findings 40 F. TC.

result from a deficiency of iron in the body, while the remainder result from a variety of other causes. Only that type of anemia involving a deficiency of iron in the body which has resulted from an inadequate intake of iron in the diet may be benefited by Geo-Mineral taken as directed; the preparation is not of value in the treatment of iron deficiency anemia resulting from an-inadequate absorption of iron by the intestine or an increased loss of iron as in chronic bleeding; the preparation would also be without value in the treatment of pernicious anemia and other macrocytic anemias, or the anemias caused by derangements of the blood-forming organs of the body or conditions resulting in increased destruction of red blood cells; it is also without value in the treatment of anemia secondary to severe or chronic diseases such as cancer, kidney disease, infections, etc. Of the cases of anemia encountered in medical practice, only a very small percentage is caused by an inadequate intake of iron in the diet, and it is only in this very small percentage of cases that Geo-Mineral may have any therapeutic value; also, it is only in this very small percentage of cases of anemia that the preparation would be effective in enriching the blood or in tending to produce rich, red blood.

Such symptoms or conditions as headaches, nervousness and dizzy spells, lack of vitality, energy, ambition, sparkle in the eyes and brilliance of the mind, poor appetite, underweight, weakenéd sexual powers and similar conditions may be due to anemia resulting from an inadequate intake of iron in the diet; these symptoms may also be due to any of the numerous other types of anemia and they may also be due to a wide variety of disease conditions which are in no wise related to anemia. In only an extremely small percentage of persons having the aforementioned symptoms are the symptoms the result of anemia due to a simple deficiency of iron in the diet, and it is only in this extremely small percentage of cases that Geo-Mineral will have any therapeutic value in the correction or relief of the aforementioned symptoms.

Par. 8. The use by the respondent of the aforesaid statements and representations disseminated as aforesaid, has had and now has the tendency and capacity to mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that al] of such statements are true and to induce a substantial portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent’s said preparation. ;

GEO-MINERAL CO. 933 920 Order CONCLUSION The aforesaid 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. | In concluding that certain of the advertising statements disseminated by respondent are false and deceptive, the Commission here, as _ in other cases heretofore presented to it for determination,.has taken into consideration the innuendoes and suggestions contained in the advertising.

In such advertisements, the product is offered for the correction or cure of designated symptoms or conditions. It will be of benefit, however, only in that extremely small percentage of instances where the symptoms stem from anemia due to a deficiency of iron in the diet. Obviously, the causes of such symptoms or conditions are so numerous that their mere existence creates no reasonable likelihood that they will be benefited by respondent’s preparation. In representing the product as an effective treatment for the symptoms enumerated, respondent suggests not only that they may be due to the cause for which the product is beneficial, but also that there is a likelihood that they are in fact due to such cause. If such a representation be made in a categorical statement and if in the majority of cases the symptoms or conditions are due to causes in the treatment of which the product advertised will have no benefit whatsoever, the representation is false and clearly deceptive. A representation to the same effect made under the same circumstances except by suggestion instead of categorically and unaccompanied, as in the present case, by an appropriate disclosure of the likelihood of other causes of the symptoms or the conditions, is equally false and by reason of such falsity is subject to the exercises of the Commission’s corrective action in the same manner and to the same extent as though the representation were made by affirmative statement. ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commission upon the complaint of the Commission and answer by respondent admitting all the material allegations of fact set forth in the complaint and waiving further intervening procedure and hearings as to the said facts, and the Commission having made its findings 934 - FEDERAL TRADE COMMISSION DECISIONS Order 46 F. T.C, as to the facts and its conclusion that respondent has violated the provisions of the Federal Trade Commission Act: It is ordered, That Nicholas Sage, individually and trading under the name of Geo-Mineral Co., or any other name, and his agents, representatives, and employees, directly or through any corporate or other device, in connection with the offering for sale, sale, or distribution of the preparation designated “Geo-Mineral,” or any other preparation of substantially similar composition or possessing substantially similar properties, whether sold under the same name or any other name, do forthwith cease and desist from: 1. Disseminating or causing to be disseminated by means of the United States mails, or by any means in commerce, as “commerce” is defined in the Federal Trade Commission Act, any advertisement which represents directly or by implication: (a) That said preparation, when used as directed, is a competent or effective treatment for, or will cure, stomach or kidney ailments, bloating, constipation, bowel adhesions, rheumatism, arthritis, neuritis, or will relieve the plains of rheumatism or arthritis, or that it has any value in the treatment of such conditions. (b) That said preparation is a competent or effective treatment for, or will cure, headaches, nervousness or dizzy spells, or will restore vitality, energy, or weakened sexual powers, will improve appetite or increase weight, or will enrich or build the blood, or will correct dullness, tiredness, laziness, poor appetite, or a lack of ambition to work or play, of sparkle in the eye, or of mental brilliance, or similar symptoms and conditions, unless such representations be expressly limited to those instances in which the symptoms and conditions to be treated are due solely to iron deficiency resulting from an inadequate intake of iron in the diet, and unless such advertisement discloses that such of the aforesaid symptoms and conditions to which the statements thereof may relate are caused less frequently by anemia due to a simple deficiency of iron in the diet than by other causes and that when such symptoms and conditions are due to other causes this preparation will not be effective in relieving or correcting them. (c) That said preparation does not contain drugs or influences health without the use of drugs.

(d) That said preparation contains the same minerals in therapeutic amounts as are found in mineral waters of well known mineral springs, or that its use will produce the benefits ordinarily ascribed to the use of such mineral waters.

GEO-MINERAL CO. 935 920 Order (¢) That said preparation keeps the colon free from waste matter, or that black stools and apparent impurities in the urine demonstrate the value of respondent’s product in eliminating waste. (7) That any percentage or number of persons are suffering from nutritional mineral-iron anemia unless such statement is based on authoritative and reliable medical statistics. (g) That said preparation will restore health to all persons who may suffer from ill health.

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

Lt is further ordered, That the respondent, Nicholas Sage, shall, within 60 days after service upon him of this order, file with the Commission a report in writing setting forth in detail the manner and form in which he has complied with this order. Commissioner Mason concurring except as to the qualifications contained in paragraph 1 (0) hereof.

Syllabus 46 F. T.C.